Rockaway Township City Zoning Code
§ 54-45.3
Applicability.
[Ord. No. O-21-07]
A.
The provisions of this section shall apply to all affordable housing developments and affordable housing units that currently exist and that are proposed to be created within the Township of Rockaway pursuant to the Township's 2020 Third Round Housing Element and Fair Share Plan.
B.
Moreover, the provisions of this section shall apply to all developments that contain very-low-, low-, and moderate-income housing units, including any currently unanticipated future developments that will provide very-low-, low- and moderate-income housing units, and also including projects that may be funded with Low Income Housing Tax Credit financing, which shall comply with the income and bedroom distribution requirements of this section.
C.
Mandatory set-aside.
(1)
Except as otherwise regulated in this chapter, any development application proposing five or more new dwelling units shall be required to set aside 20% of said lots or units for affordable housing.
(2)
This requirement does not give any developer the right to any such rezoning, variance or other relief, or establish any obligation on the part of the Township of Rockaway to grant such rezoning, variance or other relief. A property shall not be permitted to be subdivided so as to avoid compliance with this requirement. All affordable units created pursuant to this paragraph shall be governed by the provisions of this section.
(3)
This provision does not affect residential development on sites that are zoned for inclusionary residential development as part of the Township's Housing Element and Fair Share Plan, which are subject to the affordable housing set-aside requirements set forth in the applicable zoning.