Union Township City Zoning Code
§ 30-28.3
Township-wide mandatory set-aside.
a.
Paragraph 8 of the May 2, 2018, Settlement Agreement requires the Township to adopt a Township-wide ordinance that requires any new development in the Township to include a set-aside for low- and moderate-income households of not less than 20%, in accordance with the requirements of N.J.S.A. 52:27D-329.9.a of the Fair Housing Act. That section of the Act requires any municipality that is required to conform to the Highlands Regional Master Plan to reserve at least 20% of newly constructed residential units in those municipalities for low- or moderate-income households, to the extent that it is economically feasible. Consistent with those requirements, this section hereby requires that 20% of the units created in any new residential development in the Township, which shall be understood to include all housing types (single-family, multifamily, townhouse, etc.), construction or the subdivision of lots for such construction, must be affordable to low- and moderate-income households.
b.
This Township-wide mandatory set-aside requirement does not supersede the effects or requirements of the Inclusionary Overlay Zoning Districts established per § 30-4.18 et seq. for any inclusionary residential development that occurs within the boundaries of those districts.
c.
In the event that the inclusionary set-aside of the total number of residential units does not result in a full integer, the developer may choose one of two options of addressing the fractional unit:
1.
The developer shall round the set-aside upward to construct a whole additional affordable unit; or
2.
If the set-aside includes a fractional unit equal to 0.49 or less, the developer may round the set-aside downward and construct the lesser whole number of affordable units, but must also make a payment in-lieu of constructing the fractional additional unit ("fractional payment in-lieu").
(a)
The fractional payment in-lieu amount shall be calculated as the fractional unit multiplied by the base payment in-lieu dollar amount established in § 30-28.4c1 of the Township Code.
(1)
For example: If seven total units are developed at an inclusionary site, a 20% set-aside would require 1.4 affordable units. Per the requirements above:
(i)
The developer shall round up the 0.4 unit to one whole affordable unit so as to construct a total of two affordable housing units, in accordance with § 30-28.3c1; or
(ii)
In accordance with § 30-28.3c2, the developer shall round the set-aside downward so as to construct only one affordable unit and shall pay into the Township's affordable housing trust fund a fractional in-lieu payment equal to the dollar amount established in § 30-28.4c1 multiplied by 0.4 units.