[Added 10-12-2010 by Ord. No. 5163]
The Union Township Planning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. The Fair Share Plan has been endorsed by the Township governing body. The Fair Share Plan describes the ways the Township of Union shall address its fair share for low- and moderate-income housing as determined by the Council on Affordable Housing (COAH) and as documented in the Housing Element and Fair Share Plan. COAH has granted substantive certification to the Township Housing Element and Fair Share Plan addressing the Township prior round and the Township third round fair share housing obligation.
This article implements the terms of the COAH substantive certification and the Township Fair Share Plan for addressing the requirements of N.J.A.C. 5:97 by incorporating the inclusionary zoning requirements and the accessory apartment program of Chapter 150, the Township Affordable Housing Ordinance, into the Township Land Development Regulations.
Presumptive densities and set-asides. In any zone within the Township that permits the minimum presumptive density pursuant to N.J.A.C. 5:97-6.4, all residential development of four or more for-sale units or five or more rental units shall be constructed as an inclusionary development. To ensure the efficient use of land through compact forms of development and to create realistic opportunities for the construction of affordable housing, inclusionary zoning permits minimum presumptive densities and presumptive maximum affordable housing set-asides as follows:
Under COAH regulations, inclusionary zoning in State Planning Area 1 permits residential development at a presumptive minimum gross density of eight units per acre and a presumptive maximum affordable housing set-aside of 25% of the total number of units in the development.
In the case of any development of for-sale units that includes variance relief pursuant to N.J.S.A. 40:55D-70, Subdivision d, at the minimum presumptive density, the required affordable housing set-aside shall be 25% of the total number of units in the development when four or more units are to be constructed.
Under COAH regulations, inclusionary zoning permits a presumptive minimum density of 12 units per acre and a presumptive maximum affordable housing set-aside of 20% of the total number of units in the development and the zoning provides for at least 10% of the affordable units to be affordable to households earning 30% or less of the area median income for the COAH region.
In the case of any development of rental units that includes variance relief pursuant to N.J.S.A. 40:55D-70, Subdivision d, at the minimum presumptive density, the required affordable housing set-aside shall be 20% of the total number of units in the development when five or more units are to be constructed.
Requirements. Accessory apartments are permitted as part of the Township accessory apartment program in the areas specified. Accessory apartment units shall be affordable to low- and moderate-income households.
Permitted areas. Accessory apartments will be permitted within the following areas: Block 4001, lots 3 through 6; Block 5806, lots 31.01 through 39; Block 5807, lots 43.01 though 56; Block 5807, lots 89 through 98; and Block 5823, lots 1 through 13.
Number of accessory apartments permitted. In no event shall the Township permit a number of creditable accessory apartments that exceeds the number of creditable accessory apartments in the Township Master Plan Housing Element and Fair Share Plan.
Affordable housing regulations. All accessory apartment units shall be subject to the applicable requirements and conditions as set forth in the regulations and provisions of Chapter 150, Affordable Housing. Property owners wishing to apply to create an accessory apartment shall submit an application to participate in the accessory apartment program in accordance with the applicable provisions of Chapter 150.