a. Development within inclusionary developments shall conform with the following restrictions:

1. The development shall provide one (1) affordable housing unit for every five (5) market rate for sale units (i.e. twenty (20%) percent) and/or one (1) affordable housing unit for every 6.67 rental units (i.e. fifteen (15%) percent) of the total development. A minimum of one-half (1/2) of the affordable housing units shall be low income housing units. Where two (2) or more affordable units are to be provided not less than fifty (50%) percent of the affordable units constructed shall be affordable to low income households.

2. Deed Restrictions. Affordable for sale housing units shall be permanently deed restricted and rental units shall be deed restricted for a minimum of thirty (30) years in accordance with the requirements of N.J.A.C. 5:94 and N.J.A.C. 5:95. The deed restrictions shall conform with the requirements and format of restrictions established by the New Jersey Council on Affordable Housing. Developers of housing units for low and moderate income households shall enter into a written agreement, binding on all successors-in-interest, in accordance with N.J.A.C. 5:94 et seq., at the time of sale, resale, rental or re-rental regardless of the availability of Federal, State, County or Borough subsidy programs. Affordability controls shall run with the land and shall place limitations upon the resale/rerental of affordable units in accordance with N.J.A.C. 5:94 and by means of any deed restrictions and/ or lien documents promulgated by the Council on Affordable Housing.

3. Location and Design. Low and moderate income inclusionary housing shall be designed in accordance with the following provisions:

(a) The low and moderate income housing units shall be sited on the tract in locations at least as accessible to common open space and community facilities as market-priced dwelling units. Rental units may be concentrated for ownership and management unit reasons.

(b) The exterior design of the low and moderate income housing units shall be harmonious in scale, texture, and materials with the market-priced units on the tract.

(c) Low and moderate income units shall utilize the same heating source as market units within inclusionary developments.

4. Certificates of Occupancy. Certificates of Occupancy for developments which include affordable housing units shall be subject to the following additional provisions.

(a) Phasing of affordable units. Affordable housing units shall be built, occupied and receive Certificates of Occupancy in accordance with the following schedule.

(b) No initial occupancy of a low or moderate income housing sales unit shall be permitted prior to issuance of a Certificate of Occupancy and no Certificate of Occupancy for initial occupancy of a low or moderate income housing sales unit shall issue unless there is a written determination by the Authority that the unit is to be controlled by a deed restriction and mortgage lien as adopted by COAH.

(c) A Certificate of Reoccupancy for any occupancy of a low or moderate income housing sales unit resulting from a resale shall be required, and the Borough shall not issue such certificate unless there is a written determination by the Authority that the unit is to be controlled by the deed restriction and mortgage lien required by the COAH.

(d) An Affordable Housing Agreement between the owner of the property and the Borough of West Long Branch shall be required for all rental units in accordance with N.J.A.C. 5:93-9.1 et seq. and N.J.A.C. 5:80-26.1 et seq.

(e) The Certificate of Reoccupancy shall not be required where there is a written determination by the Authority that controls are allowed to expire or in that the repayment option is being exercised pursuant to N.J.A.C. 5:93-9.4. (Ord. #O-08-7, S X)

Office Professional Zone shall be subject to the following regulations:

a. Permitted Uses.

1. Scientific or research laboratories devoted to research, development, design, and/or experimentation and processing or fabricating incidental thereto, provided that no materials or finished products shall be manufactured on premises for sale, except as are incidental to the research, development, design and/or experimentation conducted on the premises.

2. Office buildings for executive and/or administrative purposes.

3. Light, non-nuisance manufacturing processing, fabricating, assemblage, packaging and ware- housing of materials.

4. Indoor eating establishments such as cafes, coffee shops, cafeterias, restaurants providing that such uses are ancillary to and contained in the same building as a principal use.

5. All uses permitted in the NC Neighborhood Commercial Zone, however, specifically excluding funeral homes.

6. Planned commercial developments shall be permitted on tracts of thirty (30) acres or greater. Within such developments, more than one (1) building may be permitted on the tract provided that such buildings within the tract are not less than ten thousand (10,000) square feet in area, have access from a common internal roadway with cross access easements and such other covenants as may be required to provide for permanent access and parking for all uses on the tract and meet all other yard, buffer and setback requirements as set forth in accordance with the requirements of this Chapter.

b. Permitted Accessory Uses.

1. Private garage space for the storage of vehicles used in conjunction with a permitted use.

2. Signs which relate to the activity being conducted on the premises and which are in accordance with subsection 18-7.1c. of this Chapter.

3. No more than one (1) detached accessory building shall be permitted in this zone. Detached building shall be a minimum of two thousand five hundred (2,500) square feet, providing that parking requirements for the entire use are not exceeded said site plan for detached building must be submitted and approved by the Planning Board prior to a building permit being issued.

c. Other Uses Permitted Upon Application to the Planning Board for a Conditional Use Permit.

1. Public utility installations in accordance with subsection 18-6.6d. of this Chapter.

d. Area, Yard, Building (Bulk) and Unit Requirements.

1. As specified in subsection 18-5.1 of this Chapter, excepting that where any Professional Office Zone abuts a Residential Zone, the setbacks for rear and side yards shall be seventy-five (75') feet.

e. Other Provisions and Requirements.

1. As specified in Section 18-6 of this Chapter.

2. As specified in Section 18-7 of this Chapter.

3. As specified in Section 18-8 of this Chapter.

4. As specified in Section 18-9 of this Chapter.

5. As specified in Section 18-13 of this Chapter.

6. Ingress and egress to each use shall be subject to the following standards and conditions.

(a) Points of ingress and egress shall be provided for each automobile-oriented use.

(b) Ingress and egress driveways shall be not less than the minimum required by State or County regulations. These driveways shall be not less than twenty (20') feet or more than thirty (30') feet in width.

(c) If points of ingress and egress are separated, a suitable planting (landscape) strip not less than five (5') feet in width shall be provided from the curb line to the paved surface area. (Ord. #O-09-10)

MF-3 Multi-Family-3 Residential Overlay Zone shall be subject to the following regulations:

a. Permitted Uses.

1. Multi-family dwellings including an inclusionary component of low and moderate income housing units in accordance with Subsection 18-4.9, Affordable Housing Inclusionary Development Regulations.

2. Uses permitted in accordance with the HC Highway/Commercial Zone.

b. Permitted Accessory Uses.

1. Private garages for the storage of automobiles.

2. Signs in accordance with Subsection 18-7.1 of this Chapter.

3. Swimming pools, as defined in this Chapter.

4. Clubhouse and maintenance buildings in a multi-family housing development for use by residents of the development and their guests.

5. Recreation facilities including swimming pools, tot-lots, picnic areas, shuffle board courts and other facilities in multi-family residential developments for the use of residents and their guests.

c. Area, Yard, Building (Bulk) and Unit Requirements. As specified in subsection 18-5.1 of this Chapter.

d. Other Provisions and Requirements.

1. As specified in Section 18-6, General Regulations, of this Chapter.

2. As specified in Section 18-7, Special Regulations, of this Chapter.

3. As specified in Section 18-8, Nonconforming Uses, of this Chapter.

4. As specified in Section 18-9, Administration, of this Chapter.

5. As specified in Section 18-13, General Provisions, of this Chapter. A club house or community room of not less than ten (10) square feet per dwelling unit.

6. Recreation facilities shall be provided such as a swimming pool, picnic facilities, tennis, shuffle board, bocce ball, etc. Recreation facilities shall total not less than fifty (50) square feet per dwelling unit.

7. The number of bedrooms for affordable housing units shall be distributed in accordance with New Jersey Council on Affordable Housing Rules in N.J.A.C. 5:80-26.3, Affordability Average; Bedroom Distribution.

8. A twenty-five (25') foot planted buffer zone shall be provided along side and rear yards.

9. Residential structures along front, side and rear yards areas shall not exceed two (2) stories.

MF-4 Multi-Family-4 Residential Overlay Zone shall be subject to the following regulations:

a. Permitted Uses.

1. Multi-family dwellings including an inclusionary component of low- and moderate income housing units in accordance with Subsection 18-4.9, Affordable Housing Inclusionary Development Regulations.

2. Uses permitted in accordance with the RP Residential/Professional Zone.

b. Permitted Accessory Uses.

1. Private garages for the storage of automobiles.

2. Signs in accordance with Subsection 18-7.1 of this Chapter.

3. Swimming pools, as defined in this Chapter.

4. Clubhouse and maintenance buildings in a multi-family housing development for use by residents of the development and their guests.

5. Recreation facilities including swimming pools, tot-lots, picnic areas, shuffle board courts and other facilities in multi-family residential developments for the use of residents and their guests.

c. Area, Yard, Building (Bulk) and Unit Requirements. As specified in Subsection 18-5.1 of this Chapter

d. Other Provisions and Requirements.

1. As specified in Section 18-6, General Provisions, of this Chapter.

2. As specified in Section 18-7, Special Regulations, of this Chapter.

3. As specified in Section 18-8, Nonconforming Uses, of this Chapter.

4. As specified in Section 18-9, Administration, of this Chapter.

5. As specified in Section 18-13, General Provisions, of this Chapter. A club house or community room of not less than ten (10) square feet per dwelling unit.

6. Recreation facilities shall be provided such as a swimming pool, picnic facilities, tennis, shuffle board, bocce ball, etc. Recreation facilities shall total not less than fifty (50) square feet per dwelling unit.

7. The number of bedrooms for affordable housing units shall be distributed in accordance with New Jersey Council on Affordable Housing Rules in N.J.A.C. 5:80-26.3, Affordability Average; Bedroom Distribution.

8. A twenty five (25') foot planted buffer zone shall be provided along side and rear yards.

9. Residential structures along front, side and rear yards areas shall not exceed two (2) stories. (Ord. No. O-12-20, S 4)