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Eatontown introduces form‑based affordable‑housing ordinance to preserve 10‑year immunity
Summary
Borough counsel said the ordinance implements state changes to the Fair Housing Act and the local fair‑share plan; council moved to introduce the ordinance and scheduled a public hearing for 03/11/2026 to secure a 10‑year builder's‑remedy immunity under the court process.
Borough counsel explained that last year's changes to the state Fair Housing Act require municipalities to adopt implementing ordinances to secure court‑ordered protection from builder's‑remedy lawsuits. The borough's planner and counsel recommended a "form‑based" affordable housing ordinance that incorporates recent state regulations and the New Jersey Housing and Mortgage Finance Agency rules into Eatontown's code.
On the record, counsel summarized the stakes: completing the ordinance and related documents through the court process would preserve Eatontown's immunity for 10 years. "The immunity under the law will last for 10 years," the borough counsel said. Council moved and seconded the ordinance for introduction and set the public hearing for 03/11/2026, with the understanding the planning board may review the implementing ordinances before final adoption.
Council members said meeting the March 15 statutory timeline for submitting implementing ordinances was their priority; the move was framed as necessary to avoid losing zoning control to potential builder‑remedy litigation.
