[Amended 8-23-2022 by Ord. No. 5739]
A. 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.
B. 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
190, the Township Affordable Housing Ordinance, into the Township Land Development Regulations.
[Amended 8-23-2022 by Ord. No. 5739]
A. 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:
(1)
For-sale developments.
(a)
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.
(b)
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.
(2)
Rental developments.
(a)
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.
(b)
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.
B. Affordable housing regulations. All inclusionary development and affordable housing units shall be subject to the applicable requirements as set forth in the regulations and provisions of Chapter
190, Affordable Housing.
[Amended 8-23-2022 by Ord. No. 5739]
A. Requirements. Affordable accessory apartments are permitted as part
of the Township accessory apartment program in the areas specified.
Affordable accessory apartment units shall be affordable to low- and
moderate-income households.
B. Permitted areas. Affordable 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.
C. Number of affordable 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.
D. Affordable housing regulations. All affordable accessory apartment units shall be subject to the applicable requirements and conditions as set forth in the regulations and provisions of Chapter
190, 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
190.