Ordinance updates affordable housing obligations in Mount Arlington.

Mount Arlington Borough  COUNTY OF MORRIS, STATE OF NEW JERSEY  NOTICE OF ORDINANCE ORDINANCE 02-2026 NOTICE IS HEREBY GIVEN that the following Ordinance was introduced by the Governing Body of the Borough of Mount Arlington, in the County of Morris, State of New Jersey, at a regular meeting held on February 3, 2026: AN ORDINANCE OF THE BOROUGH OF MOUNT ARLINGTON, COUNTY OF MORRIS, STATE OF NEW JERSEY, REPEALING AND REPLACING ARTICLE XVII "AFFORDABLE HOUSING OBLIGATIONS" OF MOUNT ARLINGTON'S LAND DEVELOPMENT ORDINANCE The purpose of this Ordinance is to repeal and replace Article XVII of the Borough of Mount Arlington's Land Development Ordinance in order to update and codify the Borough's affordable housing obligations in compliance with the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.) and applicable regulations, including provisions enacted pursuant to P.L. 2024, c.2. The Ordinance, as amended and restated, includes the following subject matter: \c 17-68 \D Purpose and Legislative Authority. Establishes the intent to ensure that affordable units are created with affordability controls and occupied by low- and moderate-income households. \c 17-69 \D Definitions. Sets forth definitions applicable to all provisions of Article XVII, including terms such as Administrative Agent, Affordable Unit, Certified Household, Low-Income Household, Moderate-Income Household, Very-Low-Income Household, Restricted Unit, and others consistent with UHAC and the Act. \c 17-70 \D Affordable Housing Programs. Establishes the Borough's rehabilitation program for deficient housing units occupied by low- and moderate-income households, including eligibility requirements, minimum funding of $10,000 per unit, and a 10-year control period. Also establishes an alternative living arrangements program. \c 17-71 \D Inclusionary Zoning. Identifies specific inclusionary zoning areas, including the 111 & 181 Howard Boulevard Redevelopment Area (no fewer than 36 affordable units), the 61 Rooney Road Redevelopment Area (no fewer than 6 affordable units), the Valley Road PUD Zone (no fewer than 89 affordable units), and the Howard Boulevard Train Station Zone (no fewer than 16 affordable units). \c 17-72 \D New Construction. Establishes standards for new affordable housing construction, including low/moderate income splits, bedroom distribution, accessibility requirements, design and utility standards, maximum rents and sales prices, and affordable housing set-asides. Residential or mixed-use developments of five or more units within the public sewer service area must provide a set-aside of at least 20% for-sale or 15% rental affordable units. Residential developments of between six and ten units may make a payment-in-lieu of on-site construction, initially set at $180,000 per unit. \c\c 17-73 through 17-74 \D Minimum Floor Area and Occupancy Standards. Establishes minimum square footage, design, and occupancy standards for restricted units in affordable housing developments. \c\c 17-75 through 17-80 \D Control Periods and Price/Rent Restrictions. Establishes affordability control periods for restricted ownership units (minimum 30 years) and restricted rental units (minimum 40 years for units created on or after January 1, 2025), along with price restrictions, buyer income eligibility requirements, limitations on indebtedness, capital improvement provisions, and rent restrictions. \c\c 17-81 through 17-82 \D Rent Restrictions and Tenant Income Eligibility. Sets forth rent restriction requirements and tenant income eligibility criteria for very-low-, low-, and moderate-income rental units. \c\c 17-83 through 17-86 \D Administration, Marketing, and Enforcement. Establishes the roles and responsibilities of the Municipal Housing Liaison and Administrative Agent, affirmative marketing requirements, and enforcement procedures for the Borough's affordable housing program. \c\c 17-87 through 17-89 \D Appeals and 95/5 Restrictions. Provides an appeals process for administrative agent decisions and establishes provisions governing units subject to 95/5 deed restrictions, including seller options and repayment procedures. Said Ordinance will be further considered for final passage after a Public Hearing to be held on Tuesday, March 3, 2026, at 7:00 p.m., at the Municipal Building, Mount Arlington, New Jersey. Copies of this Ordinance are available in the office of the Borough Clerk for members of the general public who request the same. This Ordinance shall take effect after final adoption and publication and otherwise as provided by applicable law.  Ashley N. Todd Acting Borough Clerk, Borough of Mount Arlington P.F.$74.46 02/19/T1