Town of Morristown, NJ Affordable Housing Overlay Zone

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]

The purpose of this article is to create a realistic opportunity for the construction of low- and moderate-income housing as land becomes available for development and redevelopment in the Town of Morristown, thereby addressing some of the constitutional housing obligations of the Town of Morristown under New Jersey's Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the rules of the New Jersey Council on Affordable Housing (COAH), N.J.A.C. 5:93, and the Mount Laurel doctrine.

[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023; 8-8-2023 by Ord. No. 19-2023]

Neither the Planning Board, nor the Board of Adjustment, nor the Town Council on an appeal of a final decision of the Board of Adjustment, nor the Town Council in adopting and implementing a redevelopment plan shall approve a development application in any zone district or area in need of redevelopment or rehabilitation for a residential development or a mixed-use development with five or more dwelling units, unless a minimum 15% of the total number of dwelling units on rental projects and a minimum 20% of the total number of dwelling units on fee simple projects are set aside and sold or rented to very-low-, low-, and moderate-income households, as defined by COAH in its applicable regulations or an equivalent controlling New Jersey state agency, as may be amended from time to time. All fractional obligations shall be rounded to the closest whole number. The approving agency may, in its sole discretion, consider a deviation from these requirements if the applicant demonstrates that the development is not economically feasible absent a deviation.

Nothing in this article precludes the Town from imposing an affordable housing set-aside requirement on a development that is not required to have an affordable housing set-aside pursuant to this section, when such imposition is consistent with N.J.S.A. 52:27D-331(h) and other applicable law.

This affordable housing set-aside requirement shall not apply to developments containing five or fewer dwelling units.

All subdivision and site plan approvals of qualifying residential developments shall be conditioned upon compliance with the provisions of this article.