Township of Parsippany-Troy Hills, NJ Article LXI Mandatory Set-Aside

[Added 10-1-2019 by Ord. No. 2019:63]

§ 430-436 Affordable housing set-aside requirements.

A. Purpose. This section is intended to ensure that any site that benefits from a subdivision or site plan approval, rezoning, use variance, redevelopment plan or rehabilitation plan approved by the Township or a Township land use board that results in in five or more new multifamily or single-family attached dwelling units produces affordable housing at a set-aside rate of 20% for affordable for-sale and affordable rental units. This section shall apply except where inconsistent with applicable law.

B. Mandatory set-aside requirement.

(1) Any multifamily or single-family attached residential development, including the residential portion of a mixed-use project, that is approved to contain five or more new dwelling units as a result of a subdivision or site plan approval, rezoning, use variance, redevelopment plan or rehabilitation plan approved by the Township or a Township land use board shall be required to set aside a minimum percentage of units for affordable housing.

(2) For inclusionary projects in which the low- and moderate-income units are to be offered for sale, the minimum set-aside percentage shall be 20%; for projects in which the low- and moderate-income units are to be offered for rent, the minimum set-aside percentage shall be 20%. Where the set-aside percentage results in a fractional unit, the total set-aside requirement shall be rounded upwards to the next whole number.

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

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

(5) This requirement does not apply to any sites or specific zones for which higher set-aside standards have been or will be established, either by zoning, subdivision or site plan approval, or an adopted redevelopment plan or rehabilitation plan.

(6) If the Township's settlement agreement with Fair Share Housing Center (FSHC) dated April 11, 2019, or the Township's 2019 Housing Element and Fair Share Plan, establishes set-aside standards for any specific sites or zones which are different from the set-aside standards set forth in this section, the set-asides established for those sites or zones in the settlement agreement or Housing Element and Fair Share Plan shall govern.

(7) Furthermore, this requirement shall not apply to residential expansions, additions, renovations, replacement, or any other type of residential development that does not result in a net increase in the number of dwellings by five or more.

(8) Where a developer demolishes existing dwelling units and builds new dwelling units on the same site, the provisions of this section shall apply only if the net number of dwelling units is five or more.

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

(10) All affordable units to be produced pursuant to this section shall comply with the Township's Affordable Housing Ordinance at Article LX of the Township Code and the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), as may be amended from time to time, and any applicable order of the Court, including a Judgment of Compliance and Repose Order.