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Kenilworth introduces multiple overlay‑zone ordinances to advance affordable‑housing compliance; council schedules March 16 hearings
Summary
Council introduced five ordinances establishing overlay zones and amendments to the land‑use code to meet affordable‑housing obligations, each including a minimum 20% affordable set‑aside; council scheduled public hearings and adoption for March 16, 2026 and discussed how developer contributions to infrastructure will be negotiated case‑by‑case under the MLUL.
The Borough of Kenilworth introduced a package of ordinances intended to address the municipality's affordable‑housing obligations. The ordinances would create overlay zones and amend land‑use rules to allow multifamily residential development with a minimum 20% affordable set‑aside on designated properties along Market Road, Market Street, North Michigan Avenue and West Sumner Avenue, and to update inclusionary, affordability control and enforcement requirements.
Council made and carried motions to introduce Ordinances 2026‑03, 2026‑04, 2026‑05, 2026‑06 and 2026‑07; each was scheduled for public hearing and adoption at the March 16, 2026 council meeting at 6 p.m.
Several council members expressed concern about an ordinance clause saying developers "shall be responsible for contributing towards any infrastructure upgrades," asking whether that language could leave the borough financially exposed. Gabe Bail of Arco Consultants, introduced to the council as a consultant on the draft ordinances, said the provisions work under the Municipal Land Use Law (MLUL) and that developer contributions are typically negotiated on a case‑by‑case basis in redeveloper agreements. "The MLUL sets forth what requirements each developer has to meet when they make their application...and it also gives the governing body the right to negotiate those," Bail said.
Members agreed the draft language allows for negotiation and that the borough's legal and engineering staff would determine required infrastructure improvements and capacity analyses as specific development proposals advance. The ordinances will be subject to public hearing on March 16.
