West Cape May, NJ Zoning Ordinance

[Ord. No. 551-2018 § 5; amended 3-11-2026 by Ord. No. 655-26]

For residential projects of five or more units, such projects will deliver an on-site affordable housing set-aside of 20% for both rental and for-sale projects. Affordable units in said projects must be affordable to very low, low and moderate income households in accordance with the Borough's Affordable Housing Ordinance, the Borough's Housing Element and Fair Share Plan, the Fair Housing Act at N.J.S.A. 52:27D-301 et seq. ("FHA") as amended and supplemented, Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq. ("UHAC") as amended and supplemented, and N.J.A.C. 5:99 et seq. as amended and supplemented.

All affordable units will comply with the requirements of the Borough's Affordable Housing Ordinance, which includes, but is not limited to the following requirements:

All residential affordable housing projects shall provide at least 13% very-low-income units, roughly 37% low-income units (such that low + very low units = at least 50% of the total affordable units) and no more than 50% moderate-income units.

All affordable units shall comply with UHAC bedroom distribution requirements.

All affordable units will be affirmatively marketed in accordance with UHAC by a qualified Administrative Agent, which may or may not be the Borough's Administrative Agent. The developer will be responsible for all costs associated with the affirmative marketing of the affordable units.

All affordable units will be deed restricted for a period of at least 30 years from the date of their initial occupancy, which shall be memorialized in a deed restriction in a form that is satisfactory to the Borough and/or the Borough's Administrative Agent and is compliant with UHAC. Said deed restriction will be recorded in the County Clerk's office.

The Borough-wide Mandatory Set-Aside Ordinance shall not apply to the C-2 zoning district.