The developer of a residential development project in the Pinelands Residential Town Districts containing 20 or more dwelling units or the residential component of a mixed-use development project containing 20 or more dwelling units ("qualifying development project") shall construct, either within such qualifying development project or as a separate project thereto, a minimum of 20% of the total number of residential units as affordable housing units.

The total number of units shall include any development on lots in existence as of the date of this amendment such that a lot may not be subdivided to allow for a lower number of residential units and therefore no requirement for an affordable housing set-aside.

A developer may opt to provide the affordable housing units off-site through the rehabilitation of existing units in the Borough of Woodbine. The rehabilitation of existing units must be for non-deed restricted properties and the rehabilitated units shall meet the requirements as provided for in Chapter 25, Section 25-6 Affordable Housing, provided that rehabilitated units meeting the requirement of this Section shall have an affordability control period of at least 30 years. The control period shall start with the date of the first new occupant of the unit after rehabilitation and affirmative marketing is completed in accordance with Section 25-6 Affordable Housing.

Pursuant to N.J.A.C. 5:93-5.6(f) and Mount Laurel II guidelines, if constructed within a qualifying development project, the affordable housing units shall be disbursed throughout the site plan and shall, to the extent practicable, have an exterior design which is compatible with the surrounding market-rate units. Similarly, affordable units constructed separate from a qualifying development project shall, to the extent practicable, have an exterior design which is compatible with the surrounding housing in the neighborhood.

Where said 20% affordable housing units are to be constructed as part of the qualifying development project, all land use approvals and permits required to construct such units, including, but not limited to, Woodbine Planning Board, Woodbine Zoning Board, County Planning Board, Pinelands, NJDEP/CAFRA and local building permits, shall be obtained under a single series of applications. Where said 20% affordable housing units are to be constructed separately from the qualifying development project, all land use approvals and permits required to construct the qualifying development project and the affordable units shall be obtained by the filing of separate but simultaneous applications.

Regardless of whether constructed as part of a qualifying development project or as separate units, no certificate of occupancy for the market-rate units shall be issued unless a proportionate number of certificates of occupancy are issued for the affordable units. Similarly, where a qualifying development project is proposed to be constructed in phases, the developer shall provide a phasing plan which provides for the affordable housing to be developed proportionately with the market-rate units.

The proportion of affordable to market-rate units to be issued certificate of occupancy shall be in accordance with Chapter 25, Section 25-6 Affordable Housing regulations.

The regulations contained in Chapter 25, Section 25-6 Affordable Housing shall also apply.