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Spring Lake Heights council adopts zoning changes to meet fourth-round affordable housing plan
Summary
The Spring Lake Heights Borough Council unanimously adopted Ordinance 2026-02 and Ordinance 2026-03 on March 2, 2026, implementing the borough's fourth-round affordable housing plan and creating an AH-5 overlay zone; council and special counsel said adoption meets a March 16 state deadline and provides immunity from builders'-remedy litigation through 2035.
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The Spring Lake Heights Borough Council on March 2 unanimously adopted two ordinances intended to satisfy the borough's fourth-round affordable housing obligations and create an AH-5 zoning overlay.
Special Counsel Andrew Bayer told the council the ordinances reflect the borough's negotiated plan and recent court direction. Bayer said adoption would "satisfy the Borough's Fourth Round obligations and provide the immunity from builders remedy litigation through 2035." The court had directed the borough to adopt the ordinances by a March 16, 2026 deadline, Bayer said.
The ordinances drew objections from property owners and their counsel. Craig Gianetti of Day Pitney, speaking for RTS Spring Lake LLC (owner of 555 Warren Avenue), urged the council to delay adoption so the developer and town could meet and discuss options; he said the proposed density of "24 units per acre is limited and not financially viable for this case" and called the legal notice "confusing" and in need of re-notification. Cornelius Durkin, who said he represents an objector connected to 600 Warren Avenue, also requested follow-up meetings with council and counsel.
Several nearby residents expressed concern about the scale of potential redevelopment. Sean McDermott of 554 Mercer Avenue objected to the prospect of a three-story building behind his home; Carol Keller of 558 Mercer Avenue voiced similar worries. Special Counsel Bayer and Mayor Christopher Campion responded that the overlay changes zoning but does not eliminate other residential standards, and that projects would still require Land Use Board review. Bayer noted existing zoning allows a 40-foot building height and that affordable units would be a minimum of 20% of total units in a qualifying project.
Procedurally, the council opened concurrent public hearings on Ordinance 2026-02 (the Fourth Round Affordable Housing Plan element and Fair Share Plan) and Ordinance 2026-03 (amending Chapter 22 to create the AH-5 district). After public comment closed, the council adopted Ordinance 2026-02 on a motion by Councilman John Casagrande, seconded by Councilman William Graetz, and adopted Ordinance 2026-03 on a motion by Mr. Casagrande, seconded by Councilwoman Sara King. The roll calls recorded Ayes from Councilman Leonard Capristo, Councilman John Casagrande, Councilwoman Michele Degnan-Spang, Councilman William Graetz, Councilwoman Sara King and Councilman Dayton Lonsdale; there were no Nays or Abstentions.
The mayor and special counsel said adoption is intended to secure the borough's court-directed compliance and to reduce the borough's exposure to builder-initiated litigation under the Mount Laurel affordable-housing framework. Council members and counsel emphasized that adoption of the overlay does not itself approve any specific development; project proposals would be subject to separate land-use and permitting reviews.
Next steps include meeting- or board-level review of any specific redevelopment proposals and compliance work related to the adopted plan element; the council noted the March 16 deadline that the judge set for final adoption. The council adjourned at 8:15 p.m.
