§ 105-1. Purpose and applicability.

A. 

Purpose. The purpose of these provisions is to provide a realistic opportunity for the construction of Fanwood Borough's constitutional obligation to provide for its fair share of affordable housing for households with low and moderate incomes, as directed by the Superior Court of New Jersey and is consistent with N.J.A.C. 5:93-1 et seq., as amended and supplemented by N.J.A.C. 5:80-26.1 et seq. and N.J.S.A. 52:27D-301 et seq.

B. 

Applicability. The provisions of this chapter shall apply:

(1) 

To all affordable housing developments and affordable housing units that currently exist within Fanwood Borough;

(2) 

To all affordable housing developments and affordable housing units that are proposed to be created pursuant to the Fanwood Borough Housing Element and Fair Share Plan;

(3) 

To all unanticipated future developments that will provide affordable housing for low- and moderate-income households; and

(4) 

To: (a) any property in Fanwood Borough that is currently zoned for nonresidential uses and that is subsequently rezoned for multifamily residential purposes; (b) all approvals for multifamily residential development granted by the Fanwood Borough Planning Board or Zoning Board of Adjustment, including approvals of use or density variances, site plans, or subdivisions; and (c) redevelopment projects subject to a redevelopment plan adopted by the Borough governing body governing the development and redevelopment of designated areas in need of rehabilitation or areas in need of redevelopment in the Borough, including substantial revisions to previously approved developments, where such rezoning, approval, redevelopment plan or revision results in or increases the number of residential units by five or more units.