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Belmar council tables affordable-housing ordinance after planning-board review concerns
Summary
The Belmar Borough Council tabled Ordinance 20259 after a public commenter said the planning board had not been given the statutory 35 days to review; council members said the ordinance’s very-low/low/moderate unit categories reflect state law and cannot be changed locally.
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The Belmar Borough Council on Sept. 9 (meeting transcript) delayed action on a proposed update to the borough’s affordable-housing procedures after public concern that the planning board had not been given the full review period.
During the second reading and public hearing on Ordinance 20259 — an amendment adding "affordable housing general program purposes and procedures" to chapter 39 — resident Eugene Kamemer told the council the planning board had only had "about 22" days to review the ordinance and argued it should be tabled and formally referred to the planning board before further action. "If it has not been reviewed by the planning board, then it should be tabled and sent to the planning board at the next meeting," Kamemer said.
Council members and counsel responded that the structure of affordable units into "very low, low and moderate" categories is required by state law and implementing regulations. A council speaker said the statute and regulations require all three categories and that the borough lacks authority to alter those definitions locally.
After discussion, a motion to table Ordinance 20259 carried on a roll call. The council also continued to move forward with related housing measures on the agenda: Ordinance 202510 (amending the affordable-housing mandatory set-aside requirement) and Ordinance 202511 (creating an overlay zoning district along Main Street) were offered for first reading earlier in the meeting and advanced on procedural motions.
Council officials said the overlay zone described by the borough planner would leave underlying zoning intact while providing an option developers could choose to generate more affordable units; the planner noted the overlay is intended to help the borough meet an unmet affordable-housing need in coordination with Fairshare Housing Center requirements.
The council then adopted a resolution to recess into executive session to discuss pending litigation and affordable-housing negotiations; meeting minutes of the closed session will remain confidential until released by borough counsel.
The council did not adopt Ordinance 20259 at this meeting; the item was tabled pending planning-board review and further council consideration.

