A. Residential Development Requirements:

1. All residential development proposing the construction of one or more net new dwelling units in any zoning district shall be required to provide affordable housing at the ratio of one (1) affordable unit for every eight (8) net new market-priced dwelling units being constructed on-site, unless that unit(s) is the result of a residential demolition.

2. In the case of residential demolition, the new residential unit(s)s shall pay a development fee. pursuant to Article 403.1 of the Land Development Ordinances, and there shall be no growth share obligation, provided there are no more than two (2) net new residential units, The provision of the affordable unit(s) required shall be through on-site construction or through the creation of affordable units off-she, but within the Borough of Roseland. (See Section IV.) regarding the use of a payment in lieu where the obligation Is or includes a fraction.) If the developer elects to construct the affordable unit off-site, but within the Borough of Roseland, each on-site unit otherwise required to be affordable to a low or moderate income household may be converted to a market-priced unit, but the developer's growth share obligation shall be increased accordingly and reflected in the number of units being constructed off-site, but within the Borough of Roseland.

B. Non-Residential Development Requirements.

All non-residential development proposing the construction of net new floor area in any zoning district shall be required to provide affordable housing constructed at the ratio of one (1) affordable unit for every twenty-five (25) new jobs created as a result of the proposed net new nonresidential floor area. The calculation of the number of jobs created shall be in accordance with Appendix E of N.J.A.C. 5:94-1, et seq. entitled "UCC Use Groups for projecting and implementing Non-Residential Components of Growth Share"The provisions of the affordable unit(s) required shall be through on-site construction, through the creation of affordable units offsite but within the Borough of Roseland or through a payment in lieu of construction. See Section IV. regarding the use of a payment in lieu where the obligation is or includes a fraction. All development within the Borough by or on behalf of the Borough of Roseland Board of Education is exempt from the requirements of this Ordinance

A. Residential Development:

1. The affordable housing units may be provided within single-family detached buildings or duplex buildings, designed to resemble as nearly as possible the single-family homes otherwise being constructed within the development to accommodate the market units. Duplex buildings shall due deemed to be permitted uses in the underlying zone when created for the purpose of meeting the growth share obligation on-site. Alternative living arrangements may also be used to address the growth share obligation.

2. No density increase shall be granted for the construction of the affordable housing units on-side.

3. All required set backs, building height, open apace requirements, and coverage limits for the zone shall be met on all lots.

4. All affordable units shall comply with COAH's rules pertaining to the phasing, integration, low/moderate to income split, controls on affordability, bedroom distribution, affirmative marketing, heating source and administration of the affordable units, as set forth in N.J.A.C. 5:94-1.4 and elsewhere in COAH's rules, as same may be amended, modified or repealed from time to time.

B. Non-Residential Development:

1. Affordable housing units may be constructed within or converted from space above the first floor level in non-residential buildings or may be constructed in a separate building or buildings on the same site as a permitted non-residential use or development, subject to site plan review by the planning board or zoning board

2. All required setbacks, building height and coverage limits for the zone shall be met on non-residential lots containing affordable housing units.

3. In computing the required parking for any mixed-use development containing affordable housing units, consideration shall be given to shared parking opportunities.

4. All affordable units shall comply with COAH's rules pertaining to the phasing, integration, low/moderate income split, controls on affordability, bedroom distribution, affirmative marketing, heating source and administration of the affordable units, as set forth in N.J.A.C. 5:94-4.4, and elsewhere in COAH's rules, as same may be amended, modified or repealed from time to time.

A. Developers electing to create affordable housing units elsewhere within the Borough of Roseland may do so within existing buildings, whether converted, reconstructed or purchased for buy down, in any zone of the Borough of Roseland as set forth and regulated herein.

B. The reconstruction or conversion of any existing dwelling in which all such dwelling units are deed restricted for affordability to, and occupancy by, low and moderate income households shall be permitted as of right, subject to meeting all other requirements of this subsection III., notwithstanding any other provision of this Ordinance to the contrary.

C. All affordable units shall comply with COAH's rules pertaining to the low/moderate income split, controls on affordability, bedroom distribution, affirmative marketing, heating source and administration of the affordable units, as set forth in N.J.A.C. 5:94-4.4 and elsewhere in COAH's rules, subject to V. B, below.

D. All required setbacks, building height and impervious coverage limits for the zone shall be met on the lot except that existing setback deficiencies and other nonconformities of the lot and/or building(s) located thereon may be continued, for as long as the buildings remain on the site, without the need for additional variances.

A. Payments in lieu of the construction of affordable housing shall be based upon a proportionate share of the total project cost embodied in one or more pro-forma(s) for the construction of an affordable housing development elsewhere within the Borough of Roseland, which pro forma(s) shall be on file in the office of the Borough Administrator. The payment in lieu of construction to be made by the developer may be subject to negotiation with the Borough based upon the following considerations: the actual cost of buying down or subsidizing an existing or planned market priced dwelling unit to achieve affordability; the actual land cost of site(s) earmarked for off-site affordable housing construction within the Borough of Roseland or reasonable and acceptable offers to substitute land, site preparation and/or construction services for all or portion of the monetary payment otherwise required.

B. Regardless of the mechanism selected by the developer for satisfying the required number of affordable housing units, any development or portion thereof that generates a fraction of an affordable housing unit as all or a portion of the obligation (because the development contains fewer than or more than a number of units that is evenly divisible by eight), shall under any circumstances be required to make a payment in lieu of construction for that fraction of a unit based on the pro-rated cost of constructing an affordable housing unit in the Borough of Roseland.

A. A proposed affordable housing plan shall be submitted to the Board at the time application is made for any development requiring growth share affordable housing pursuant to this Section. The Plan shall be a condition of a "completeness" determination. Applications that have been deemed complete but have not received preliminary approval as of the effective date of this ordinance shall be governed by this ordinance. All Plans shall be the subject of review by the Borough Planning Consultant or appointee for consistency with COAH's rules and with the Borough's third round obligation. Compliance with all of the terms of COAH's rules and with the approved plan shall be a condition of development plan approval and shall be covered by appropriate performance and maintenance guarantees as with any other requited improvement.

B. When an odd number of low and moderate income housing units are required to be provided, the majority of the units shall be low income units. Where there are an insufficient number of affordable units provided to meet the bedroom distribution requirements of COAH` 's rules, the first unit shall be a two-bedroom unit, the second unit s all be a one-bedroom unit and the third unit shall be a three-bedroom unit, Otherwise, the bedroom distribution shall be in strict accordance with COAH's rules.

C. It shall be the developer's responsibility, at its sole cost and expense, to pay the per unit cost of the initial advertising and ongoing administration of the controls an affordability pursuant to the contract between the Borough and the experienced administrative entity. The designated administrative entity shall file with the Borough Administrator or designee such certification, reports and or monitoring forms as may be required by COAH.

D. Residential developments that have been zoned to produce an affordable housing set-aside or that are intended to include only low and moderate income housing units shall be exempt from the requirements of this Subsection. Moreover, developments covered by this Section shall be exempt from the payment of Development Fees under the adopted Development Fee Ordinance,

E. Developments that have received preliminary and/or final approval prior to the effective date of this Ordinance shall be exempt from the requirements of this Ordinance,

Any Ordinances of the Borough that are in conflict with this Ordinance are hereby repealed the extent of such conflict.

If any part f this Ordinance shall be deemed invalid, such parts shall be severed and the invalidity thereof shall not affect the remaining parts of this Ordinance.

**Webmasters Note: The previous article XI has been added as of 11/30/06.