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East Brunswick, NJ Zoning Overlays & Bonuses: Density Bonus Law (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Zone
MXD/R Mixed Use Development/Residential District
Townhouse base density
Twelve (12) units per acre net, three stories or less
Apartment base density
Sixteen (16) units per acre net, three stories or less
Affordable unit bonus
One extra conventional unit per acre per low or moderate income unit per acre
Scatter site bonus
One additional unit per acre of conventional housing
Enforcement
Zoning Officer under § 228-265

Summary

In East Brunswick Township, New Jersey, the MXD/R Mixed Use Development/Residential District allows twelve (12) townhouse units and sixteen (16) apartment units per acre net, then adds one unit of conventional housing per acre for each low or moderate income unit per acre the developer provides, plus one more where those units are scattered through the development.

Density limitations for mixed use developments/residential shall be as follows: A. Townhouses: Twelve (12) dwelling units per acre net density for structures three stories or less. B. Apartments (Multi Family Units). Sixteen (16) dwelling units per acre net density for structures three stories or less. C. The density bonus provisions provided in § 132-41 are hereby incorporated in this section by increasing the gross density set forth above one additional unit of conventional housing per acre for each unit of low or moderate income housing per acre provided by the developer and an additional one (l) unit per acre of conventional housing where the developer constructs low or moderate income units in a scatter site fashion throughout the development as more particularly set forth in § 132-41C of the Code.

Full Breakdown

Section 228-217.31 sets the density caps for the MXD/R (Mixed Use Development/Residential) District and builds the bonus into them. The base limits are twelve (12) dwelling units per acre net density for townhouses and sixteen (16) dwelling units per acre net density for apartments (multi family units), each for structures three stories or less. Subsection C then raises the gross density: one additional unit of conventional housing per acre for each unit of low or moderate income housing per acre provided by the developer, plus an additional one unit per acre of conventional housing where the developer constructs the low or moderate income units in a scatter site fashion throughout the development.

The bonus has a stated purpose. Section 228-217.26 says the Township of East Brunswick intends to enable the use of more than fifty (50%) percent of the land in an MXD/R Zone for multi family residential structures and townhouses in order to satisfy obligations arising out of the Mount Laurel II litigation and to achieve affordable housing in accordance with Mount Laurel standards. It also states the intent to incorporate in the zone the density bonus provisions found in the density limitations for planned unit residential developments in Village Green II and IIA, Village Green III and IIIA and Town Green. Under § 228-217.28, multi family residential structures and townhouses are permitted on the balance of the tract, and total residential use can take place throughout the zone, while the listed non-residential uses need direct access from Route 18. The standards of § 228-217.5 for an MXD Zone are incorporated by reference in § 228-217.30, and § 228-217.36 points approvals to the procedure in § 228-217.12.

One printed quirk: subsection C cites § 132-41 for the bonus provisions, and in the current Code that number is headed Minutes. The formula printed in subsection C itself is therefore the working rule.

Violations & Fines

Section 228-265 makes the Zoning Officer the enforcer of the zoning chapter. An owner, tenant, contractor or any other person who commits or assists a violation is guilty of a violation of the chapter and a summons is issued. Building or operating a development differently from the site plan approved by the Approving Authority is a violation and the basis for a stop notice or complaint. Section 228-265 prints no fine amount.

Frequently Asked Questions

What is the base density in East Brunswick Township's MXD/R District?
Section 228-217.31 sets twelve (12) dwelling units per acre net density for townhouses and sixteen (16) dwelling units per acre net density for apartments (multi family units). Both limits apply to structures three stories or less. The bonus in subsection C is added to the gross density set by those figures.
How does the affordable housing density bonus work in East Brunswick Township?
The developer earns one additional unit of conventional housing per acre for each unit of low or moderate income housing per acre it provides. A further one unit per acre of conventional housing applies where the developer constructs the low or moderate income units in a scatter site fashion throughout the development, as set out in subsection C.
Why does East Brunswick Township give a density bonus in the MXD/R District?
Section 228-217.26 ties the zone to the Township's obligations arising out of the Mount Laurel II litigation and to achieving affordable housing under Mount Laurel standards. It also carries into the zone the density bonus provisions from the planned unit residential developments in Village Green II and IIA, Village Green III and IIIA and Town Green.

Sources & Official References

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