The purpose of this section is to establish the Uniform Housing Affordability Controls (“UHAC”) and regulations for low- and moderate -income housing units in Warren Township that are consistent with the provisions of N.J.A.C. 5:80-26.1 et seq. effective as of December 20, 2004. These rules are pursuant to the Fair Housing Act of 1985 and Warren Township’s constitutional obligation to provide for its fair share of low- and moderate-income housing. This section intends to provide assurances that low- and moderate-income units (“affordable units”) are created with controls on affordability over time and that low-and moderate-income households shall occupy those units. This section shall apply, except where inconsistent with applicable law.

The Warren Township Planning Board has adopted a Housing Element and Fair Share Plan (“HEFSP”) pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. The HEFSP has been endorsed by the Township Committee. This section implements and incorporates the adopted and endorsed HEFSP and addresses the requirements of N.J.A.C. 5:93-1 et seq., as supplemented and amended, N.J.A.C. 5:80-26.1 et seq., as supplemented and amended, and the New Jersey Fair Housing Act of 1985.

Prior subsections 16-6.1 through 16-6.18 of the Warren Township Zoning Ordinance, adopted December 2, 1993, are preserved for the limited purposes of regulation of and restrictions for the existing affordable housing units which were approved and developed pursuant to N.J.A.C. 5:93 et seq. and subsections 16-6.1 through 16-6.18 referenced above, while the same were in effect. Those prior subsections are now made a part of this section as subsections 16-6.24 through 16-6.41. All future affordable housing units constructed and/or restricted during the third round will be governed by these subsections 16-6.1 through 16-6.23. (The prior subsections 16-6.1 through 16-6.18 will be maintained by the Warren Township Clerk.)