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Morristown council restores walkable-neighborhood zoning overlay, adopts affordable-housing amendments
Summary
The council adopted two zoning ordinances Oct. 28 that restore a prior planned walkable neighborhood (PWN) overlay and amend the town's affordable-housing rules to comply with the state's round 4 obligations. Officials said the goal is to fix conflicting code language introduced in 2023 without sending the matter to court.
The Morristown Town Council voted Oct. 28 to adopt Ordinance O-35-2025, restoring the Planned Walkable Neighborhood (PWN) overlay standards, and Ordinance O-36-2025, amending the municipal code to address state affordable-housing requirements for the town's Round 4 obligations.
Council members said the two ordinances are administrative fixes intended to correct cross-references and density standards that were changed unintentionally in 2023. The planner on record said the amendments revert some provisions to their 2018 form so property owners and the municipality can avoid litigation over ambiguous code language.
Why it matters: The PWN overlay and the affordable-housing amendments affect multiple parcels in the town's zoning map and establish standards that developers must meet if they seek rezonings or approvals in those districts. Council leaders framed the update as a way to preserve a predictable review process at the planning board and to avoid having the courts resolve what officials described as drafting errors.
Council discussion focused on the ordinance's history and on whether the change constituted impermissible spot zoning. The planner explained that the 2007 code created a unique garden-apartment zone for the subject property and that the current change affects several properties within a district rather than a single lot; council members noted prior, lengthy public review of past development proposals on the site and said the planning-board process would remain the forum for project-level review.
The council adopted both ordinances by recorded roll call votes. The minutes show affirmative votes from Councilwoman Foster, the recorded Ayanna (as shown in the minutes), Councilman Polipchuk, Councilman Russo, Councilman Silva and Council President Umbria. Ordinance O-35-2025 will be considered further only as required by law and O-36-2025 was adopted to align local provisions with state fair-housing controls and the town's housing plan.
Background: Town staff said the amendments were referenced in Morristown's 2024 housing plan and were discussed extensively at the planning board. Officials said the changes are intended to make code language workable for future developers and to preserve local control over design, stormwater and slope protections that the planning board enforces.
Next steps: The ordinances were adopted by the council at the Oct. 28 meeting and will be enforced according to the town's code-adoption schedule; developers seeking project approval will follow the planning-board application process for any new proposals.
