Montgomery says it met Round 4 deadline, seeks extensions of deed restrictions to limit new construction

Montgomery Township officials told residents at a town hall meeting that the township adopted its Round 4 affordable-housing plan by the June 30 deadline to preserve immunity from builders' remedy lawsuits and is now pursuing extensions of existing deed restrictions so fewer new units must be built.

"We did adopt the plan by June 30 to continue our protection from builder's remedy immunity," Lori Saverin, Montgomery's township administrator and planning director, said during the meeting, outlining state deadlines for challenges and zoning action.

The plan matters because New Jersey's recent Round 4 rules set a fast timetable for municipalities. Saverin told residents the calendar includes Aug. 31 as the deadline for anyone to challenge the housing-element and fair-share plan, Dec. 31 as a period to settle any such challenges, and March 15 as the date by which a municipality should adopt implementing zoning for the plan to proceed.

Why extensions: rather than immediately add many new units, township staff said they are trying to extend affordability controls on existing developments that will otherwise lapse. Saverin listed projects whose controls are expiring: "2 10 units at Pike Run," 95 units at McKinley Commons and 19 units at Montgomery Walk, and said negotiations are active with the Pike Run owner to secure additional 30-year deed-restriction extensions.

Wendy Ruben Sincarova, the township attorney and affordable-housing counsel, explained that whether an extension is possible depends on the specific deed restriction language for each property. "Deed restrictions have changed at different times... it depends for each project," she said, adding the township cannot unilaterally extend a restriction where the owner does not agree.

Officials said extending controls can reduce construction and the pressure to site hundreds of new units. "That helps the Montgomery families that are already living in town, and that means no new units created," Saverin said when describing the policy tradeoff.

Staff emphasized the plan is a "what could happen" document: adopting a housing plan does not itself change zoning. Any amendments to the plan would require additional public hearings and, if adopted, the township would enact zoning to implement the eventual plan.

Next steps: staff encouraged residents to review materials on the township website and to attend the planning-board informal review of proposals set for Sept. 8 at 7 p.m. Officials also said technical studies (traffic, sewer, stormwater) submitted so far come from potential developers and that independent municipal reviews would occur if and when formal applications are filed.

Officials repeatedly warned that litigation is possible under the new rules but said their priority is to keep local control over land use by complying with statutory deadlines and exploring options that minimize new construction.

The township closed the session by asking residents to submit comments online or by contacting staff directly and by reminding everyone that any future zoning changes will be subject to public hearings.