The redeveloper shall have the obligation to deed restrict 20% of the residential units in the inclusionary development as very-low-, low- and moderate-income affordable units, which will be nine affordable units. All such affordable units shall comply with UHAC regulations, COAH affordable housing regulations, any applicable orders of the Court and other applicable laws.

Deed restriction period. Pursuant to UHAC, the redeveloper shall have an obligation to deed restrict the affordable units in the inclusionary development as very-low-, low- or moderate-income affordable units for a period of at least 30 years from the date of the initial occupancy of each affordable unit (the "deed restriction period") until the Township of Scotch Plains takes action to release the controls on affordability, so that the Township may count each affordable unit against its obligation to provide family for-sale affordable housing. The affordability controls shall not expire until such time, at least 30 years from the date of initial occupancy, that the Township takes action to release the controls on affordability. In the event that the affordable units are rental units, the affordability controls shall not expire until such time, at least 30 years from the date of initial occupancy, that the Township takes action to release the controls on affordability, and thereafter the affordability controls shall continue in effect until the date on which the individual affordable rental unit shall become vacant, provided that the occupant household continues to earn a gross annual income of less than 80% of the applicable median income. See N.J.A.C. 5:80-26.11(b). If, at any time after the release of the affordability controls by the Township, a rental household's income is found to exceed 80% of the regional median income, the rental rate restriction shall expire at the later of either the next scheduled lease renewal or 60 days. The term "family for-sale" in the redevelopment plan means for-sale units that are not age-restricted.

Deed restriction. The redeveloper shall execute and record a deed restriction for the affordable units before the first certificate of occupancy is issued for the inclusionary development. The deed restriction will be recorded in the Union County Clerk's Office.

Income distribution requirements. Thirteen percent of the total number of the affordable for-sale units must be very-low-income units, 37% of the total number of affordable for-sale units must be low-income units, and the remaining 50% may be moderate-income for-sale units. The income distribution shall be subject to approval by the Superior Court of Union County and the Special Master.

Bedroom mix. Pursuant to N.J.A.C. 5:80-26.3(b), the number of efficiency and one-bedroom units is no greater than 20% of the total low- and moderate-income units; at least 30% of all low- and moderate-income units are two-bedroom units; and at least 20% of all low- and moderate-income units are three-bedroom units. The bedroom distribution of the affordable for-sale units in the inclusionary development shall be as follows:

Other affordable housing unit requirements. The redeveloper will also comply with all of the other requirements of UHAC and the Township's Affordable Housing Ordinance,[1] including, but not limited to, affirmative marketing requirements, candidate qualification screening requirements, integrating the affordable units amongst the market-rate units, and unit phasing requirements. The redeveloper shall disperse the affordable units within the proposed residential buildings on the property, and shall provide the exact location of each affordable unit at the time of site plan application, which shall be subject to review and approval by the Township's planner and the Special Master.

Administrative agent. The redeveloper shall contract with a qualified and experienced third party administrative agent (the "administrative agent") which may be the Township's administrative agent, for the administration of the affordable units and shall have the obligation to pay all costs associated with properly deed restricting the affordable units as set forth herein for the deed restriction period. The redeveloper and its administrative agent shall work with the Township and the Township's administrative agent, should the redeveloper's and the Township's administrative agent not be one and the same, regarding any affordable housing monitoring requirements approved by COAH or the courts. The redeveloper shall provide, within 30 days after written notice, detailed information reasonably requested by the Township or the Township's administrative agent, should the redeveloper's and the Township's administrative agent not be one and the same, concerning the redeveloper's compliance with UHAC, the Township's Affordable Housing Ordinance, all applicable court orders, and other applicable laws.

The redeveloper shall construct and obtain certificates of occupancy for those buildings containing the affordable units in accordance with UHAC.