Union Township City Zoning Code
§ 30-30.17
Affordable housing.
[Added 12-17-2025 by Ord. No. 2025-9]
a.
In accordance with the requirements of the Fair Housing Act,[1] any development consisting of newly constructed residential units shall reserve for occupancy at least 20% of the residential units constructed for low- or moderate-income households.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
b.
Development exempt from the Highlands Act is not exempt from the 20% reservation requirement.
c.
A minimum of 13% of the total units residential units reserved for low- or moderate-income households should be designated for very low-income households pursuant to Section 7 of P.L. 2008, c. 46 (N.J.S.A. 52:27D-329.1).
d.
No density bonus or presumptive density increase over existing zoning shall be required to be granted by the municipality for the construction of the affordable housing units on site. Density bonuses or presumptive density increases may be provided through Fair Share Plans and associated implementing ordinances to address affordable housing needs of the municipality where inclusionary housing projects are selected as a compliance mechanism by the municipality.
e.
Municipalities shall provide for the local review of any proposed affordable units provided by requiring the submission of an Affordable Housing Production Plan in accordance with the following:
1.
An Affordable Housing Production Plan detailing all issues related to the affordable units shall be submitted to the municipality's Development Review Board at the time application is made for any development requiring affordable housing pursuant to this section.
2.
The Affordable Housing Production Plan shall be a condition of the completeness determination and is hereby added to the submission requirements checklist for any new residential development or major residential subdivision.
3.
The Affordable Housing Production Plan shall include at a minimum the anticipated bedroom distribution, income split, anticipated administrative entity, tenure, estimated rent or sales prices, maintenance obligations and any other information pertinent to the creation and long-term support of the affordable housing units.
4.
The Affordable Housing Production Plan shall include a phasing plan detailing the proposed time frames for the construction and occupation of the affordable housing units.
5.
All Affordable Housing Production Plans shall be the subject of review by the municipality's Planning or Land Use Board for consistency with these guidelines, the RMP, and the municipalities certified Housing Element and Fair Share Plan.
6.
Compliance with the RMP, the Fair Housing Act and the Affordable Housing Production Plan shall be a condition of any local approval.
f.
Any approval shall be accompanied by a development agreement between the applicant, the municipality, and any other party principal to the provision and/or the administration of the affordable housing units.
1.
The development agreement shall detail the responsibilities of all parties and shall include the phasing plan for the construction and occupancy of the affordable housing units.
2.
The cost of the construction of the units may be required to be covered by appropriate performance and/or maintenance guarantees to ensure the construction of the units.
