Under the Prior Round Rules, the minimum density for inclusionary development is eight units to the acre for for-sale developments and ten units to the acre for rental developments. Keep in mind, however, that these are minimums. The special master may recommend, or the Court may order, densities far in excess of these numbers. Inclusionary developments in nearby towns and throughout the State are currently being proposed at 20 to 30 units per acre. For purposes of comparison, earlier this year, The S. Hekemian Group proposed 275 units (down from an initial proposal of more than 400 units) on the former Mercedes Benz property, along with some retail, office and hotel uses. On a 32-acre parcel, this translates to 8.59 units per acre for the residential uses. However, if a developer proposed purely multi-family residential rental housing on that property, with an inclusionary component of 15%, typical densities of 20-30 units/acre could yield between 600 and 900 total residential units. This is a reality that the Borough could face if a developer filed a builder’s remedy lawsuit concerning the Mercedes properties.