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Council finalizes technical housing-code amendments tied to settlement; non‑substantive edits clarified
Summary
Montclair's council approved three code amendments to chapters on affordable housing and land‑use procedures to meet a settlement deadline, approving mainly technical edits and correcting citations while reserving the right to refine language later.
The Montclair Township Council completed second readings and adopted three ordinances on March 12, 2026 making amendments to the municipal code related to affordable housing, zoning and land‑use procedures. Officials said most edits were non‑substantive corrections and rewordings necessary to comply with a settlement and to align the code with the new Uniform Housing Affordability Controls (UHAC).
Councilor Harrison and the township attorney walked the council and members of the public through the revisions, which included restoring an erroneously deleted definition of "inclusionary development," correcting citations, fixing numbering errors, standardizing capitalization (for example, the Affordable Housing Trust Fund), and moving some occupancy and unit‑size language into the new chapter 65 (Affordable Housing). The planning board requested a specific change to remove enumerations that singled out churches and synagogues and instead refer generally to "houses of worship."
Planner Tally explained that stricter UHAC requirements were incorporated into chapter 65 and that previously applied unit‑size and occupancy standards were moved into the new affordable‑housing ordinance to reflect state changes. "We incorporated the new requirements in chapter 65," the planner said, adding that the ordinance now spelled out occupancy standards and specific requirements for for‑sale and rental developments.
Some residents raised concerns about whether recent edits would roll back design and size protections for affordable units approved last December. William Scott (23 Cedar Avenue) said he believed language from a December action that protected minimum unit sizes had been removed and urged clarity. Council members and the planner said the substantive protections remain via UHAC language migrated into the new chapter, and the council noted it could return with technical amendments if necessary.
The clerk recorded the votes for each ordinance and their amendments; councilors D'Amato, Harrison and Toler and Mayor Baskerville voted yes on the amended versions, with three council members recorded as absent. Councilors emphasized these actions memorialized settlement-related changes necessary to keep Montclair in compliance by the March 15 deadline.
Officials said the council can revisit and amend specific paragraph citations or cross‑references in subsequent meetings if residents or commissioners identify additional drafting issues.
