[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]
This overlay zone shall apply to all of the land area of the
Town of Morristown.
[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.
a. 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.
b. This affordable
housing set-aside requirement shall not apply to developments containing
five or fewer dwelling units.
c. All subdivision
and site plan approvals of qualifying residential developments shall
be conditioned upon compliance with the provisions of this article.