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Resolution of the Mayor and Council of Princeton Authorizing a Bedroom Distribution Waiver Pursuant to N.J.A.C. 5:80-26.4 of the Uniform Housing Affordability Controls ("UHAC")
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WHEREAS, the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1, et seq. ("UHAC"), were enacted to establish uniform rules for the creation and administration of affordable housing units within the State of New Jersey pursuant to the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301, et seq. (the "FHA"); and
WHEREAS, N.J.A.C. 5:80-26.4 of UHAC requires that affordable housing units created within a municipality meet certain income and bedroom distribution requirements; and
WHEREAS, as such, the requirements of N.J.A.C. 5:80-26.4 are set forth in Section T10B-336 of Article XII "Affordable Housing" of Chapter T10B "Land Use" of the Code of the Municipality of Princeton (the "Code"); and
WHEREAS, by Resolution adopted March 25, 2026, the Princeton Zoning Board of Adjustment ("Board") granted Applicant, 344 Nassau LLC ("Applicant") preliminary and final major site plan approval with use and bulk variances and design waivers to construct a 10-unit apartment building, including two designated affordable housing apartments, on property located at 344 Nassau Street, designated as Lot 214 in Block 32.01 on the Princeton Tax Map (the "Project"); and
WHEREAS, all units within the Project, including the two designated affordable housing units, are proposed to be two-bedroom units; and
WHEREAS, Section T10B-336(e)(4)(e) of the Code requires "[a]t least 20% of all low- and moderate-income units, rounded up shall be three-bedroom units. A developer may request from the governing body a waiver of the requirement to round up, upon demonstration that strict adherence to this requirements would cause undue hardship or would be site-infeasible"; and
WHEREAS, Condition #6 of the Zoning Board Resolution requires Applicant to "obtain approval from the Princeton municipal governi...
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