Township of Washington planning board approves amended housing element, recommends zoning changes for two Pasc Road projects

The Township of Washington Planning Board voted unanimously on March 4 to adopt an amended 2026 housing element and fair share plan and to recommend three implementing ordinances to the governing body, board planner Joe Burgess said.

Burgess, the board planner, told the Planning Board the town negotiated reductions to its fourth-round realistic development potential (RDP) and obtained credits from two proposed Pasc Road projects that together yield 22 affordable-housing credits. "If you fail to comply with the Mount Laurel doctrine and the New Jersey Fair Housing Act... you lose control over all your local zoning powers," Burgess said, describing court actions in other Bergen County towns that led judges to appoint special adjudicators to decide applications.

Why it matters: approving the housing element and ordinances is designed to secure the town’s immunity from exclusionary-zoning litigation and builder’s-remedy claims under the settlement timetable; Burgess told the board that, after final filing and likely fairness hearings, the municipality would be protected through 2035. The governing body is scheduled to consider the ordinances next Monday, March 9, after which the plan will be filed with the state program and assigned to a vicinage judge.

Key details and negotiations: Burgess said Washington Township’s vacant-land adjustment and site credits reduced its fourth-round RDP to 19 units from a much larger original figure and lowered its unmet-need burden substantially. Two projects discussed were: - 660 Pasc Road: settled at a townhouse design of 32 units with seven affordable units; developer agreed to additional visitor parking and a bus shelter with a pull-out on Pasc Road. - 370 Pasc Road: concept shown as 72 units with 15 affordable units (Burgess noted a typographical error in an earlier draft that listed "73"). Together, Burgess said, those two projects provide 22 affordable housing credits toward the town’s obligation.

Burgess also described prior credits from the VFW site and a Franklin Court project that helped satisfy the town’s third-round obligations. He said the town had proven a rehabilitation obligation of "zero" under the methodology used to calculate needs.

Document corrections and consistency checks: Board members requested and Burgess agreed to several edits to the draft housing element and to the tables appended to the ordinance drafts. Specific corrections noted during the meeting included updating a concept map (from a 28-unit illustration to the newly supplied 32-unit layout), fixing a typo that listed 73 rather than 72 units, and reconciling landscape-buffer dimensions where the plan and ordinance language differed. Burgess said the ordinance text governs in case of conflict and that the plan’s tables would be revised to match the ordinance prior to filing.

Public comment: Michael Duffy, owner of Stonemill Garden Center at 767 Ridgewood Road, said he learned of the potential redevelopment proposals through local press and not through town outreach. "No one's ever talked to me about it," Duffy said, urging clearer notice to property owners. Burgess replied that the process must consider developer proposals brought into settlement negotiations and that properties purchased with Green Acres funds are effectively removed from potential redevelopment because of their funding restrictions.

Votes at a glance: The board approved the amended 2026 housing element and fair share plan (resolution PB26-12) and recommended three implementing ordinances by separate roll-call votes (PB26-13 establishing two inclusionary townhouse districts and density increases; PB26-14 amending development fees; PB26-15 updating the affordable housing set-aside ordinance). The roll calls recorded unanimous "yes" votes from Mr. Carol; Mr. Pledo; Mr. Tulle; Mr. Toro; Mr. Weransky; Councilman Alman; Mayor Colomari; and Chairman Sabino.

What happens next: Burgess said the governing body will be asked to endorse the plan at its March 9 meeting; the plan will then be filed with the state program and forwarded to a judge for final review. Burgess said the settlement and filing process, if completed, would protect the township from exclusionary zoning litigation through 2035. The board directed staff to correct the identified typographical and table inconsistencies before the governing body hearing.

Reported by staff planner Joe Burgess and recorded in the Planning Board minutes; public comment and roll-call tallies are recorded in the meeting transcript.