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Toms River council approves affordable‑housing overlay designation for Block 171 to preserve court immunity

Toms River Township Council · April 9, 2026
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Summary

The council gave final approval to an ordinance designating Block 171 Lots 23 and 42 as an MF‑16 affordable‑housing overlay, a step members said is necessary to comply with court direction and preserve the township’s eligibility for an extension of immunity related to Mount Laurel compliance.

Toms River’s council voted to approve a final‑reading ordinance creating an affordable‑housing overlay on Block 171 (Lots 23 and 42) as part of the township’s round‑4 fair‑share implementation.

Council members and members of the public asked detailed questions during the required public comment period about which parcels were included and whether approving the ordinance tonight was needed to maintain the court‑ordered timeline. One resident emphasized that the judge’s order required the municipality to express intent to adopt implementing ordinances and resolutions and that the court retained jurisdiction while settlement negotiations continue.

Council members who voted to approve said the designation is a procedural step that does not immediately authorize development and that any specific project would still require future council votes. A council member who opposed the measure said he did not want more building on township‑owned property and voted no. Another council member abstained from voting, citing concerns about the political environment and campaigning.

The ordinance passed on final reading with votes recorded in the meeting; council leaders said the action was taken to maintain the municipality’s standing with the court while negotiators continue settlement talks and explore alternative sites for affordable units.