1352 2026 Hefsp Intro Ad

The Borough of Mountainside, located in Union County, New Jersey, has introduced a proposed ordinance, No. 1352-2026, to amend its existing Land Development Ordinance (1219-2014). This amendment aims to establish an Inclusionary Zone District, specifically designated as L-I/AH2, with the primary objective of addressing the Borough's affordable housing obligations in accordance with Mount Laurel IV regulations and the recently adopted Housing Element & Fair Share Plan. The ordinance defines various terms related to affordable housing, such as 'affordable unit,' 'inclusionary development,' 'low-income household,' and 'administrative agent,' to ensure clarity and consistency in implementation. It outlines the Borough's commitment to creating and preserving affordable housing through mechanisms like rehabilitation programs for deficient units and new construction, specifying that rehabilitated units must remain affordable for a 10-year control period, enforced by liens or deed restrictions, with a minimum of $10,000 dedicated per unit for rehabilitation hard costs. The proposed ordinance details specific requirements for inclusionary zoning developments within the L-I/AH2 zone, including a presumptive minimum gross density of twelve (12) units per acre and a maximum affordable housing set-aside of twenty (20) percent of the total units. It mandates integration of low- and moderate-income units with market-rate units, sets forth phasing schedules for unit completion, and specifies design standards like accessibility requirements for first-floor units in multi-story buildings, including adaptable kitchens and bathrooms. The ordinance also outlines the required low/moderate income split and bedroom distribution for new construction, ensuring a diverse range of affordable units. Furthermore, it addresses bulk and yard requirements for the L-I/AH2 zone, such as maximum lot coverage, impervious coverage, building height, setbacks, off-street parking, and the establishment of owner associations for common facilities and recreation. Submission and compliance instructions within the ordinance focus on the administrative framework for affordable housing rather than a bid process. It mandates the adoption of an Affirmative Marketing Plan, compliant with N.J.A.C. 5:80-26.15, designed to attract diverse buyers/renters and apply a regional preference for households living or working in Housing Region 2 (Union, Essex, Morris, and Warren Counties). The ordinance establishes the position of a Municipal Housing Liaison (MHL) for oversight and administration, and requires the designation of Administrative Agents to manage newly constructed affordable units, household certifications, and affordability controls. Strict control periods are set for restricted ownership and rental units (at least 30 years), with detailed provisions for maximum rents, sales prices, and enforcement mechanisms, including potential fines, recoupment of illegally collected rent, and foreclosure for non-compliance by owners, developers, or tenants. Appeals from Administrative Agent decisions are to be filed with the Commissioner of the Department of Community Affairs.