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West Windsor council endorses 2025–2035 housing element to meet state deadlines and seek litigation immunity

June 26, 2025 | West Windsor, Mercer County, New Jersey


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West Windsor council endorses 2025–2035 housing element to meet state deadlines and seek litigation immunity
West Windsor Township Council endorsed the Planning Board’s 2025–2035 housing element and fair share plan on June 25, 2025, adopting a resolution (2025-R-148) that the township will upload to the state to meet a June 30 filing deadline and to begin the process of seeking compliance certification and immunity from builders’-remedy litigation.

The endorsement follows the Planning Board’s adoption of the plan earlier that night and is a procedural step required under New Jersey’s affordable housing law and Department of Community Affairs (DCA) rules. Mike Kerberts, a township staff member who summarized the process for the council, said, “Once this endorsement is uploaded, June 30 is the deadline.”

The nut graf: Council members and township staff framed the vote as a legal and procedural necessity to protect West Windsor from potential lawsuits while preserving the full, standard land‑use review process for any specific sites identified in the plan.

Council discussion and staff explanation

Mike Kerberts described the state process: the Planning Board’s adopted housing element will be uploaded to the special court system for affordable housing; an objection period runs through Aug. 31; unresolved objections go to mediation and, if mediation fails, to a retired judge for a recommendation and then a final hearing before Judge Logie. Kerberts summarized state figures discussed earlier in the proceedings: Region 4’s overall prospective need number, DCA’s initial count for West Windsor, subsequent settlement figures, and the Realistic Development Potential (RDP) used in the plan.

Council members stressed that endorsement is a first step, not final approval of any project. One council member said the council’s role “is really to act in accordance with the law and ensure that our township is protected from legal and financial risk.” Linda, a council member, told listeners the township will seek certification and immunity and that adopting the resolution allows the township to meet the June 30 statutory deadline.

Public comments

Two members of the public spoke during the added public comment period before the council vote. Terza Warman, 5 Stoney Drive, said she was “very concerned about density” and asked the council to weigh traffic and density impacts as the township meets affordable‑housing obligations. Allison Miller, 41 Windsor Drive and a member of the Affordable Housing Committee, said the committee reviewed the plan and “thought that it was a good plan” and urged the council to accept it to start the process.

Formal action and next steps

The council moved to endorse the Planning Board’s adopted housing element and fair share plan (Resolution 2025‑R‑148). The motion received a second and passed on a roll call vote; the council recorded affirmative votes and the clerk will file the adopted resolution with the state within the required timeframe. Council members and staff noted additional steps: the township must accept or contest any objections during the state objection period, pursue mediation if needed, respond to any court proceedings, and later adopt implementing ordinances and site‑specific land‑use approvals through the standard planning and permitting process.

Key numbers and procedural deadlines cited during the meeting include:

- West Windsor’s present need identified in the discussion: 61 units.
- Settlement figure referenced: 480 units (regional negotiations noted by staff).
- Realistic Development Potential (RDP) used in the Planning Board adoption: 236 units.
- Filing deadline for endorsement upload: June 30, 2025.
- Objection period end date cited by staff: August 31, 2025.
- Target date referenced for adopting implementing ordinances and related resolutions: March 15, 2026.

Council members repeatedly emphasized that each site listed in the adopted plan will still require the township’s normal permitting and site‑plan review before any development can proceed. The council also thanked township staff, the Planning Board, the Affordable Housing Committee, legal counsel and residents for their work and participation.

Ending

The council closed a second public‑comment period after the vote and adjourned the special session. The township clerk will proceed with the required state filings and the town will move into the objection/mediation window described by staff.

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