Warren City Zoning Code

A development, other than single-family family detached, providing a minimum of five new housing units created through any municipal rezoning, site plan application, or Zoning Board action, use or density variance, redevelopment plan, or rehabilitation plan that is not otherwise identified in the Township's Housing Element and Fair Share Plan and provides for densities at or above six units per acre, is required to include an affordable housing set-aside of 20% for residential development of 10 or less total dwelling units and an affordable housing set-aside of 25% for all other residential development.

Any affordable units generated through such mandatory set-aside shall be subject to all other provisions of this section.

All such affordable units shall be governed by this section the controls on affordability, including bedroom distribution, and affirmatively marketed to the housing region in conformance with UHAC at N.J.A.C. 5:80-26.1 et seq., any successor regulation, and all other applicable laws.

No subdivision shall be permitted or approved for the purpose of avoiding compliance with this requirement. Developers cannot, for example, subdivide a project into two lots and then make each of them a number of units just below the threshold.

The mandatory set-aside requirements of this section do not give any developer the right to any rezoning, variance or other relief, or establish any obligation on the part of the municipality to grant such rezoning, variance or other relief.

This municipality-wide mandatory set-aside requirement does not apply to any sites or specific zones otherwise identified in the HEFSP, for which density and set-aside requirements shall be governed by the specific standards as set forth therein.

In the event that the inclusionary set-aside of the total number of residential units does not result in a full integer, the developer shall round the set-aside upward to construct a whole additional affordable unit.