What are ways the Township can satisfy its obligation to provide for affordable housing?

The most common option include: 

  • Establish overlay zoning by ordinance.  This means that the Township will identify certain areas to allow for residential inclusionary development at an agreed upon density.  For example, the B-2 Zone on Morris Turnpike, in additional to being a business zone, the zoning would also permit - as an option - inclusionary residential development.  This does not mean it will be, but means that the opportunity exists to current or potential property owners. 
  • A municipality can work directly with developers interested in providing inclusionary housing.  The Upton at Short Hills on Fineran Way and the approved project at 297 Millburn Avenue (former Wells Fargo site) are examples of this approach. 
  • Another avenue of compliance, as seen in surrounding municipalities like Madison and Chatham Township, is a 100% affordable project. These projects are constructed by non-profit organizations with some financial obligation to the municipality.  The permitted number of 100% affordable projects are typically limited. 
  • Pass an inclusionary development ordinance.  This ordinance would establish that any development over 5 units would be required to provide a 20% affordable set aside.  This action is typically required, in addition to the items above. 

Show All Answers

1. What is Affordable Housing?
2. What is the Fair Share Housing Center?
3. Is the Township required to provide an opportunity for Affordable Housing units?
4. Why can’t the Township’s affordable housing litigation be discussed publicly?
5. Does Millburn have an Affordable Housing Plan?
6. Why are the courts in control of determining Millburn’s affordable housing obligation?
7. Will a court consider the economic impact to the community, including schools?
8. Where can I learn more about Millburn’s current Affordable Housing situation?
9. What are ways the Township can satisfy its obligation to provide for affordable housing?
10. What is a motion to intervene in the Township’s Housing Element and Fair Share Plan?
11. What is a builder's remedy lawsuit?
12. How can builder’s remedy lawsuits be avoided?
13. How likely is it that a municipality can successfully defend a builder’s remedy lawsuit?
14. What opportunity would there be for public comment on the Township’s affordable housing Plan?
15. Where can I find information on 85 Woodland Road, LLC., et al. v. Township of Millburn, et al.?
16. What would have happened if the Township had not settled with Fair Share Housing on it Housing Element and Fair Share Plan?
17. Why have settlement negotiations taken so long?
18. How many units of affordable housing is the township obligated to provide and by when?
19. What is the status of the 75 units of 100% affordable housing at the 11 Main Street development (a portion of the DPW facility)?
20. Other than capital constraint, can the Township buy back existing apartment buildings and turn them into affordable housing to satisfy the obligation?
21. Are the developers obligated to keep the ‘affordable units’ permanent?
22. Does the township have any long term strategic urban planning to make sure that traffic, environmental, road, water, sewage, school, etc. will be well planned ahead of any constructions?
23. Will there be any new obligations?
24. Under the current agreement, how long does Millburn retain immunity against any builder’s remedy lawsuits?