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West Caldwell City Zoning Code

§ 20-9D.4

Affordable Housing Requirements.

[Added 6-15-2021 by Ord. No. 1841-2021]
a. 
Twenty percent of all units shall be set aside for low- (including very-low-) and moderate-income households, regardless of tenure, for all new multi-family residential developments of five units or more. The set-aside shall not apply to residential expansions, additions, renovations, replacement, or any other type of residential development that does not result in a net increase in the number of dwellings of five or more.
b. 
Based on a maximum density of 11 units per acre and the 20% mandatory set-aside, the affordable housing yield will be five units. One of these units shall be set aside for very-low-income households.
c. 
Affordable units shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Chapter 23, Affordable Housing.
d. 
The development, unit distribution, and marketing of all affordable units shall be undertaken consistent with Chapter 23, Affordable Housing, and all other applicable law, rules, and regulations, including applicable COAH regulations, the Fair Housing Act, and its requirement that at least 13% of all affordable units associated with this project be made affordable to very-low-income households.
e. 
The developer shall be responsible for all costs associated with the initial rental and/or sale of the affordable units, and for the continuing administration of the affordable units and the preservation of the creditworthiness of the units.