Passaic, NJ Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Density bonus
- Up to 20% above maximum DUA
- Triggers on
- 5+ unit multifamily/mixed-use projects
- For-sale set-aside
- 20% of units
- Rental set-aside
- 15% of units
- Deed restriction
- 20 years per affordable unit
- Added
- Ord. No. 2436-24, 3-19-2024
Summary
Passaic offers developers up to a 20% density bonus above the maximum Dwelling Units per Acre once they satisfy the City's mandatory affordable set-aside, under Code of the City of Passaic § 317-30B(8). The bonus rewards additional units built beyond the set-aside on multifamily projects of five or more units.
Applicants can receive up to a 20% density bonus from the maximum Dwelling Units per Acre (DUA) established in the Schedule of Regulations for any additional units created after the mandatory set-aside requirements are satisfied. Where the percentage results in a fractional unit greater than 0.5, the density bonus shall be rounded upwards to the next whole number.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4978046; v41 updated 2026-07-01; through 07-01-2026).
Full Breakdown
§ 317-30, added in March 2024 and amended into 2026, requires any multifamily or single-family-attached residential development, including the residential piece of a mixed-use project, approved for five or more new dwelling units to set aside 20% of for-sale units or 15% of rental units as affordable housing, with income and rent limits set annually by HUD and a twenty-year deed restriction on each affordable unit. 5 rounded up. The bonus is paired with a bedroom-mix rule: no more than 20% of a building's affordable units may be studios or one-bedrooms, at least 30% must be two-bedroom, and at least 20% must be three-bedroom unless the market-rate component itself skips three-bedroom units.
The set-aside and its density bonus do not apply to developments of four units or fewer, nor to any site already governed by an adopted redevelopment plan, and § 317-30(9) is explicit that none of this creates an entitlement to a variance, zoning amendment, or approval of any particular project, the density bonus is only available once a qualifying application clears Planning Board or Zoning Board of Adjustment site plan review.
Violations & Fines
A developer who builds beyond the base DUA without first satisfying the § 317-30 set-aside, or who fails to record the required twenty-year deed restrictions, is out of compliance with its site plan approval conditions and subject to the City's general penalty under § 1-3, plus potential revocation of the certificate of occupancy for the affected units.
Frequently Asked Questions
How much extra density can a Passaic developer get for building affordable units?
Does the density bonus apply to small residential projects?
Does qualifying for the density bonus guarantee project approval?
Sources & Official References
Other rules in Passaic
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