West New York, NJ Zoning Overlays & Bonuses: Density Bonus Law (2026)

The only density bonus the Town of West New York Code states in units per acre sits in § 414-29C, in Article VI, the Controlled Waterfront Development District. No controlled waterfront development is approved on less than 10 acres under § 414-29B. Overall residential density is limited to no more than 50 dwelling units per acre over the overall development area.

The affordable housing requirement comes first. Of the total dwelling units constructed, 20 percent must be affordable, with 10 percent for moderate-income and 10 percent for low-income residents, using HUD income guidelines in effect when the certificate of occupancy is first issued for the unit. An applicant can comply by including the units in the district, constructing or rehabilitating dwelling units elsewhere in the Town, acquiring and operating affordable rental housing in the Town, or paying $10,000 per dwelling unit into an affordable housing trust fund. Under § 414-29C(4), a trust fund contribution is paid per unit, with 15 percent at issuance of a building permit and the remaining 85 percent at issuance of the certificate of occupancy. In return, the applicant receives a density bonus of 10 units per acre, allowing a maximum density of 60 units per acre.

Note 8 of § 414-15 is a different tool, a floor area bonus on top of the floor area ratio in the Schedule of District Regulations. Bonus floor area is granted for light and air, including a wider side yard beginning at a height of 30 feet or upper floors above 60 feet set back at least 20 percent of the lot width and/or depth, and for pedestrian circulation, including a plaza or arcade at least 30 feet wide, added sidewalk width of at least five feet, or a through-block passageway at least 20 feet wide.

Note 17 allows the Infill Development District on Block 29 to exceed a 5 to 1 floor area ratio up to 7 to 1 where half the floor area above 5 to 1 is affordable housing, including workforce housing. Note 14 requires applications for 10 or more new multifamily units to follow the Town's affordable housing guidelines.