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Egg Harbor Township adopts ordinance adding Affordable Housing Overlay Zone B; attorney flags zoning reference error
Summary
The Egg Harbor Township Committee adopted Ordinance 13 to add an Affordable Housing Overlay Zone B (AHO‑B). An attorney for property owners said the ordinance text appears to misidentify the existing underlying zone for a parcel targeted for a 100‑unit affordable housing project and asked the township to correct the record.
Egg Harbor Township adopted Ordinance 13 on first reading and final adoption to add an Affordable Housing Overlay Zone B (AHO‑B) to the township zoning code.
The ordinance, presented by a staff member identified in the record as Mr. Freeman, amends Chapter 2‑25 (zoning) by adding section 2‑25‑40.2 for the AHO‑B, adding the new zone to the schedule of area, yard and building requirements in section 2‑25‑7, and amending the zoning map in section 2‑25‑5.
Why it matters: the overlay will enable the developer-planned affordable housing project to proceed through local land‑use review under the new overlay rules. During public comment, Gregory Montgomery, an attorney representing Mr. and Mrs. Robert Cleater, whose parcel is part of the site shown in the proposal, told the committee he believed the ordinance’s Section 3 incorrectly lists the parcel as being located in an M‑1 (light industrial) zone rather than R‑2. Montgomery said his clients support the 100‑unit affordable housing project but requested the township correct the zoning reference so the ordinance’s legal description matches the parcel’s current zoning.
The committee closed the public portion on Ordinance 13 and proceeded to a roll‑call vote; the motion to adopt carried with all members present voting yes on the roll call as recorded.
The committee directed staff and the township planner/solicitor to review the zoning citation Montgomery identified; the solicitor said the matter would be referred to the township’s professionals and, if necessary, the ordinance could be amended at a subsequent meeting to correct any transcription or drafting error.
Clarifying details discussed at the meeting included the precise block and lot references (transcript: Block 1013, Lots 32 and 33) and whether those lots are presently shown on the zoning map as M‑1 or R‑2. The attorney asked the township to amend the ordinance text if a mistake was confirmed; township staff agreed to have planning and legal staff follow up.
The ordinance action and the attorney’s comment were both recorded on the public agenda; the committee indicated it would notify the attorney after the professionals review the ordinance language and zoning map references.
