Departments

Downtown Affordable Housing Overlay Zone Ordinances

The Township Council originally adopted Downtown Affordable Housing Overlay Zone ordinances on August 18, 2020 to comply with the Township’s Third Round Housing Element and Fair Share Plan and Settlement Agreement between the Township of Scotch Plains and the Fair Share Housing Center regarding compliance with the Township’s affordable housing obligations.

On March 20, 2024, Governor Murphy signed into law bill A4/S50 (P.L. 2024, c.2), which amended the Fair Housing Act, and required each municipality to provide its fair share of affordable housing obligation for the Fourth Round from July 1, 2025 to June 30, 2035 under the Mount Laurel Doctrine based on a new process and updated methodology.

In accordance with the new law, the Township adopted and endorsed a Fourth Round Housing Element and Fair Share Plan in June 2025, which was later amended on March 10, 2026 to provide that a portion of the Township’s Fourth Round Unmet Need is to be addressed through the amendment of the original Downtown Affordable Housing Overlay Zones ordinances to permit increased residential densities.

The residential density for properties within Tier 1 are being increased from 20 units per acre to 30 units per acre, the residential density for properties within Tier 2 are being increased from 15 units per acre to 22.5 units per acre, and the residential densities for properties within Tier 3 are being increased from 12 units per acre to 20 units per acre. Any inclusionary development will require a 20% affordable housing set-aside for both for-sale and rental developments as opposed to 15% for rental developments in 2020. The ordinances also set design standards, open space requirements, landscaping requirements, and affordable housing requirements.

These ordinances were adopted per state statute and the signed Consent Order for Conditional Compliance Certification filed with the Superior Court of New Jersey on December 15, 2025, which carries out the Township’s affordable housing obligations.

Please see ordinances and exhibits below. If you have any questions about these ordinances, please contact Thomas Strowe, Director of Planning & Community Development at (908) 322-6700 ext. 317 or This email address is being protected from spambots. You need JavaScript enabled to view it..

Ordinance 2026-1 (Downtown Affordable Housing Overlay Zone – Tier 1)