Borough of Chester, NJ Mandatory Affordable Housing Set-Aside Regulations

In addition to specific zoning districts with required income restrictions intended to create affordable housing, there shall apply Borough-wide within any zoning district a mandatory set-aside of affordable housing that shall apply to any multiple dwelling or townhouse development, including the residential portion of a mixed-use project, meeting the following criteria:

(1)

The number of dwellings proposed results in a net increase of five or more dwellings than would otherwise be permitted by the existing development regulations; and

(2)

Results in a gross density of six units per acre or greater.

Such requirement shall apply regardless of whether the additional dwellings are by an adopted zoning amendment, a use variance granted by the Zoning Board, adoption of a redevelopment plan, or amended redevelopment plan, except as exempted in Subsection C, below.

This requirement shall not apply to residential expansions, additions, renovations, replacement, single-family detached, single-family semidetached, or any other type of residential development that does not result in a net increase in the number of dwellings or gross density as established in Subsection A, above; or any property specifically identified as providing affordable housing in the duly adopted Housing Element and Fair Share Plan of the municipality.

The presumptive apportionment of affordable low- and moderate-income units shall be a minimum of 20% for dwellings offered for sale and a minimum of 15% when offered for rent. The calculation of the number of units to be constructed shall be as required by Chapter 97. Any fractional unit shall be rounded up to the next whole number.

Any property subdivided or developed in such a manner that has the effect of preventing the development of low- and moderate-income dwellings in accordance with this section shall be considered null and void. The board of jurisdiction may impose reasonable conditions to ensure compliance with this subsection.

Nothing in this section precludes the municipality from imposing an affordable housing set-aside in a development not required to have a set-aside pursuant to this subsection consistent with N.J.S.A. 52:27D-311(h) and any other applicable law.

This requirement does not create any entitlement for a property owner or applicant for a zoning amendment, variance, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project.