Articles Affordable housing
Warren's Fourth Round Housing Plan and Zoning, Explained
How the 262-unit obligation was set, what the housing plan counts, what each new district allows, the fees and set-aside rules, and where the printed tables do not add up.
Court and settlement process
Warren filed a declaratory judgment action, SOM-L-180-25, on January 31, 2025, asking the court to fix its Fourth Round obligation. Resolution 2025-06 had proposed 181 prospective-need units.
Judge William G. Mennen’s order of April 23, 2025 set the obligation at 10 present-need and 262 prospective-need units for 2025–2035. The figure is recited in the February 3, 2026 Decision and Order and in Ordinance 26-06.
The Planning Board adopted a Fourth Round Housing Element and Fair Share Plan on June 25, 2025; the Committee endorsed it June 26, and the Township filed it June 27.
Fair Share Housing Center and Avalon Bay Communities challenged the plan in late August or early September 2025. Ordinances 26-06 through 26-11 recite August 31, 2025; Resolution 2025-308 recites September 2, 2025. Settlement conferences were held November 10 and December 12, 2025. The Township and FSHC executed a mediation agreement on December 21, 2025, and the Affordable Housing Dispute Resolution Program issued a decision recommendation on January 29, 2026.
On February 3, 2026 Judge Mennen entered a Decision and Order approving the plan, dismissing Avalon’s challenge, and requiring implementing ordinances by March 16, 2026.
The 262-unit plan
The Planning Board adopted the Amended HEFSP dated February 10, 2026 at a public hearing on February 25, 2026, 8–0. Argiro, Scuderi, Esposito, Ganta, DiGrande-Alt. 2, Mayor’s Designee Mario Serra, Deputy Mayor Kian and Lindner voted yes; DiBianca, Puglisi-Alt 1 and Lippitt were absent. Bill Gilbert spoke about sidewalks and trails. A resident asked about total affordable-unit counts and the affordability ratio.
Table G lists the 262 credits by site. These include 22 third-round surplus credits, supportive-needs beds at Wagner Farm, 55 for-sale units on the Toll property, 15 rental units at 155 Washington Valley Road, 26 rental units at the Bardy property, 19 at the Chua property, and 35 age-restricted units at the Chase/former hotel site. There are also 9 Mira Vie assisted-living beds, cooperative housing extensions of 5 and 5 units, and town-center sites with 3 units each. Most entries in the table include bonus credits.
At the hearing, the planner stated the plan provides 262 credits. This is about 150 new affordable units and about 500 total new units.
The plan’s site maps and the Township’s 2026 zoning map show the district boundaries.
What the districts allow
| District | Maximum | Affordable | Standards |
|---|---|---|---|
| AH-9, Block 82 Lot 12.02 | 176 townhouses | 55 (31%) | 46 ft, 3 stories; 150-ft front setback on Mountain Avenue |
| AH-10, 155 Washington Valley Rd | 69 | 25% set-aside, no more than 52 market | 3 stories, 42 ft; 60% impervious coverage |
| AH-11, 149 Washington Valley / 11 North Rd | 115 | 28 | 3.5 stories, 42 ft; 50% impervious coverage |
| AH-12, 41 Mountain Blvd | 64 | at least 20 (30%) | 3 stories, 40 ft; 2,500 sq ft indoor amenity |
| AH-4, Block 85.01 Lot 2 | 140 age-restricted | at least 35 | up to 5 stories, 55 ft |
| AH-6, 30 Mountain Blvd | 28 | 12 | revised from 26 units and 10 affordable |
The AH-9 district was rezoned from CR-130/65. It requires the developer to dedicate about 50 percent of the original lot area to the Township for open space and recreation before building. Its approved bedroom and income distribution differs from UHAC. For one-bedroom units, the distribution is very-low 1/3/1, low 4/11/4, and moderate 5/17/9. For two-bedroom units, it is very-low 1/3/1, low 4/11/4, and moderate 5/17/9. For three-bedroom units, it is very-low 1/3/1, low 4/11/4, and moderate 5/17/9.
The AH-10 district was rezoned from BR-40. It has a 25-foot building setback. The AH-11 district was rezoned from BR-40. It has 30-foot front yards on North Road and 35-foot front yards on Washington Valley Road. The AH-12 district was rezoned from RBLR.
Ordinance 26-10 removed the hotel as a permitted use in AH-4 and added the age-restricted inclusionary development; the earlier AH-4 standards for 335 units remain in the ordinance text above the new subsection.
Fees and affordable-unit rules
Ordinance 26-06 repeals and replaces Code §15-5.4 and §16-6 to conform to the amended Fair Housing Act and state rules.
- Residential development fee: 1.5 percent of equalized assessed value; 6 percent on units produced by a density bonus or a post-March 9, 2010 rezoning above the prior base density.
- Single-family expansions: no fee below $25,000 of added value; $300 between $25,000 and $50,000; $300 plus 1.5 percent of the excess over $50,000.
- Non-residential: 2.5 percent of the equalized assessed value of new construction or additions, including demolition-and-replacement calculated at final certificate of occupancy.
- Exempt: inclusionary and 100 percent affordable developments, off-site construction, payments in lieu, and fire or disaster reconstruction.
- Township-wide set-aside: developments of five or more units at six units per acre or more must set aside 20 percent where the project has 10 or fewer units and 25 percent otherwise.
- Unit controls: 13 percent very-low-income in rental developments; affordability controls of 40 years for rental and 30 years for ownership, 45 years for 9 percent LIHTC projects; marketing to Housing Region 3.
- Trust fund: interest-bearing, no more than 20 percent spent on administration, annual monitoring report due February 15.
Credits, discrepancies, and next review
Table G shows a bottom line of 197 set-aside credits, 65 bonus credits, and 262 total credits. The listed set-asides add up to 219. The row totals add up to 307. The plan does not explain these differences.
Other figures in print differ between documents. AH-10’s purpose clause describes 69 units with a 25 percent set-aside, meaning no more than 52 market-rate units and 17 affordable units by calculation. Table G lists 15 set-aside credits plus 7.5 bonus credits. The plan text states the site can produce up to 17 affordable units. Ordinance 26-11 describes AH-9’s 55 affordable units out of 176 total, which is a 31 percent set-aside. 55 out of 176 is 31.25 percent.
Resolution 2026-104 endorsed the plan while reserving the right to amend if the final obligation is less than 262. No later resolution reducing it appears in the record reviewed.
No site plan application for any AH district appears in Planning Board agendas through October 28, 2026. That absence is not proof that none was filed. The next scheduled checkpoint in the record is the annual monitoring report due February 15.