Colts Neck committee endorses amended housing element to retain immunity from builders'remedy litigation

The Colts Neck Township Committee voted April 8 to endorse an amendment to its fourth-round housing element and fair share plan, a procedural step the mayor and other officials said was necessary to keep the township's immunity from builders'remedy litigation.

Mayor Michael Viola read a prepared statement explaining the choice to endorse the amendment and to appeal the underlying court order. "Although I despise voting yes, I despise losing immunity more," Viola said, urging the township to retain immunity while pursuing appeals through the appellate division and, if necessary, the New Jersey Supreme Court.

The Superior Court's March 9, 2026 order requires the township to take steps allowing potential rezoning of three properties commonly identified in the record as 68 Aubrey Road, 318-22 Route 537 and 151 Dutch Lane Road. Committee members said the amendment itself does not rezone the properties; it amends the master plan to permit rezoning if a future ordinance is adopted.

Committeeman Tobia, who cast the sole recorded "No" on the endorsement, criticized the township's prior reliance on a durational adjustment and said the town had not provided a full cost analysis on alternatives. "We had three options...we took a durational adjustment because a durational adjustment had just been granted by the court three months earlier," Tobia said, adding that the committee would appeal the newer decision.

Other members argued the committee must preserve the town's procedural protections while working on parallel solutions, including pursuing 100% affordable housing projects and exploring open-space acquisition. Committee member Zullo said he welcomed "fresh perspectives" and emphasized continuing parallel paths that had already earned credits the township will apply to its fair share tally.

The committee recorded the endorsement by roll call (4'Yes, 1'No). Officials repeatedly described the vote as a defensive, procedural step that preserves the township's ability to litigate and to pursue alternative housing strategies.

Looking ahead, officials said they would continue meeting with developers and non-profit partners, examine deed restrictions on contested parcels, coordinate with the planning board, and pursue appeals. The mayor and several members emphasized that endorsing the plan does not change existing zoning or compel immediate development of the three properties.

The planning board had adopted the amendment at a public hearing the prior evening; the committee's endorsement completes the procedural step ordered by the court. The committee also said it would continue outreach with the school district and emergency services as it weighs long-term fiscal and infrastructure impacts.