§ 200-243.2. Affordable housing set aside., Article XXXI. General Provisions and Supplemental Regulations Governing Certain Uses, Part 4. Zoning, Chapter 200. Land Use, Part II. General Legislation, Code of Ordinances, West Windsor

A mandatory affordable housing set-aside requirement of 25% shall be imposed on any multifamily development created through any Township or land use board action involving a rezoning, use variance, density variance, redevelopment plan or rehabilitation plan permitting redevelopment, which density is at or above six dwelling units per acre and results in the construction of five or more new units over the number of units previously permitted. The low- and moderate-income housing shall meet all of the applicable standards and requirements for affordable units, including those set forth in the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq., and § 200-237.

At least 50% of the affordable units shall be affordable to low-income households and at least 13% of all rental affordable units shall be made affordable to very-low-income households earning 30% or less of the regional median household income by household size, which very-low-income units shall be included as part of the low-income requirement. The remaining affordable units shall be made affordable to moderate-income households. The affordable units shall be located on-site and shall be reasonably dispersed throughout the development phased in accordance with the affordable housing construction scheduled set forth in N.J.A.C. 5:97-6.4(d).

Subdivision and site plan approval shall be denied by the board unless the developer complies with the requirements to provide low- and moderate-income housing pursuant to the provisions of this section. A property shall not be permitted to be subdivided so as to avoid meeting this requirement. The board may impose any reasonable conditions to ensure such compliance.

The mandatory affordable housing set-aside requirement shall not give any developer the right to any such rezoning, variance, or other relief as set forth above or establish any obligation on the part of the Township to grant such rezoning, variance or other relief.