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
A.
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, NJ Supreme Court upheld COAH regulations at N.J.A.C. 5:93 and
5:97, and UHAC at N.J.A.C. 5:80-26.1, as may be amended and supplemented.