projects shall be not less than a 30-year compliance period plus a 15-year extended-use period, for a total of not less than 45 years.

Whereas, this ordinance the supersedes the provision of ordinance #2786-26-0817 ordinance #2779-25-1103 in its entirety and amends the development fee provisions of ordinance #2764-25-0505

Be It Therefore Resolved by the Borough Council in the Borough of Somerville, in the County of Somerset and the State of New Jersey, as follows:

Article X1

§ 102-95H Affordable Housing

§ 102-95H.1 Introduction & Applicablility

A. Introduction & Applicability
E.
  1. This section of the Code sets forth regulations regarding the very low-, low- and moderate-income housing units in Borough of Somerville consistent with the provisions outlined in P.L 2024, Chapter 2, including the amended Fair Housing Act (“FHA”) at N.J.S.A. 52:27D-301 et seq., as well as the Department of Community Affairs, Division of Local Planning Services (“LPS”) at N.J.A.C. 5:99 et seq., statutorily upheld existing regulations of the now-defunct Council on Affordable Housing (“COAH”) at N.J.A.C. 5:93 and 5:97, the Uniform Housing Affordability Controls (“UHAC”) at N.J.A.C. 5:80-26.1 et seq., and as reflected in the adopted municipal Fourth Round Housing Element and Fair Share Plan (“HEFSP”).
  2. This Ordinance is intended to ensure that very low-, low- and moderate-income units (“affordable units”) are created with controls on affordability over time and that very low, low- and moderate-income households shall occupy these units pursuant to statutory requirements. This Ordinance shall apply to all inclusionary developments, individual affordable units, and 100% affordable housing developments except where inconsistent with applicable law. Low-Income Housing Tax Credit financed developments shall adhere to the provisions set forth below in item 5.c. below.
  3. The Borough of Somerville Planning Board has adopted a HEFSP pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1, et seq. The Fair Share Plan describes the ways the municipality shall address its fair share of very low-, low- and moderate-income housing as approved by the Superior Court and documented in the Housing Element.
  4. This Ordinance implements and incorporates the relevant provisions of the HEFSP and addresses the requirements of P.L 2024, Chapter 2, the FHA, N.J.A.C. 5:99,