Perth Amboy, NJ Zoning Overlays & Bonuses: Density Bonus Law (2026)

Section 432-5 of the Perth Amboy City Code, in Chapter 432, Zoning - Inclusionary Zoning, is the city's density bonus provision. A developer subject to the mandatory affordable housing set-aside can request, and the approving authority can, at its discretion, grant additional incentives for affordable housing. The code names three examples, introduced as including but not limited to: a density bonus, a reduction in the off-street parking spaces otherwise required, and a reduction in the minimum setback requirements. Section 432-5 prints no formula, percentage or unit count for the bonus, so the amount is set case by case by the approving authority.

The set-aside comes first. Under § 432-4, a development of 10 units or fewer has no set-aside but is subject to a development fee. Developments of 11 to 99 units must set aside 10 percent, 100 to 149 units 15 percent, 150 to 199 units 17.5 percent, and 200 units and over 20 percent. Irrespective of size, any development receiving a tax abatement or payment in lieu of taxes from the city, low income housing tax credits, tax-exempt bond financing from the New Jersey Housing Mortgage Finance Agency or similar State support must set aside at least 20 percent of its residential units on-site.

The bonus does not carry an entitlement. Section 432-6(J) states that the set-aside gives no developer the right to any rezoning, variance, redevelopment designation or plan approval, and creates no obligation on the municipality to grant such relief. Section 432-6(A) bars subdividing a project to avoid the set-aside. Affordable units must comply with the Uniform Housing Affordability Controls, 13 percent of them must be restricted for very-low-income households, and affordability controls run at least 30 years from initial occupancy.