Toll's Mountain Avenue plan, explained

The proposed site plan

Toll NJ I, L.L.C. of Freehold filed application PB 26-02 with the Planning Board. The Planning Board received the application on June 26, 2026. The owner is listed as 217, LLC, at 234 Mountain Avenue. Bohler is the engineer. Craig M. Gianetti of Day Pitney is the attorney. The application seeks preliminary and final major site plan approval and a minor subdivision for Block 82, Lot 12.02. This is about 60.87 acres in the AH-9 district.

The plan includes 174 units in 25 buildings. Of these, 119 are market-rate homes: 28 have two bedrooms and 91 have three bedrooms. There are 55 affordable homes: 10 have one bedroom, 31 have two bedrooms, and 14 have three bedrooms. The buildings are two- and three-story townhomes, and three-story stacked townhomes. They total 145,900 square feet. The traffic study lists 470 parking spaces. This includes 105 surface spaces and 365 garage or driveway spaces. The planner’s review also lists 470 total spaces and 105 surface spaces, but gives 366 garage or driveway spaces. The traffic study states 375 parking spaces are required. The site plan shows 16 electric-vehicle charging spaces. Access to the site is provided by one driveway on Mountain Avenue that allows all movements. This driveway is across from Dahlia Way.

The subdivision creates a 25.552-acre development lot and a 35.325-acre lot dedicated to the township. The application form gives the original tract as approximately 60.877 acres; its minor-subdivision form gives 60.887 acres; the September 20 planner’s review gives about 60.87 acres. The records do not reconcile those acreage figures. The tree plan covers 10.8 acres of existing woods and requires 295 replacement trees. The application proposes no variances; it asks for checklist waivers for a county planning receipt to follow, steep-slope shading and two final-site-plan items because preliminary and final approval are sought together.

AH-9 zoning

Ordinance 26-11, adopted March 12, 2026, rezoned Block 82, Lot 12.02 from CR-130/65 to AH-9. The district permits townhouses and stacked townhouses, with a maximum of 176 units, 121 market-rate and at least 55 affordable. The ordinance describes the set-aside as 31 percent but not less than 55 units.

The standards are 46 feet and three stories maximum height, eight units per structure except up to 24 where stacked, a 150-foot front setback from the Mountain Avenue right-of-way and 40-foot setbacks at the northern and eastern property lines. The developer must dedicate approximately 50 percent of the original lot area to the township for open space and recreation before construction. Affordable units carry a minimum 30-year deed restriction. The prescribed distribution is 1 very-low-income, 19 low-income and 31 moderate-income units.

The plan went through several versions. A concept letter on February 6, 2025, proposed 184 townhouses and 46 affordable for-sale units. A revision on April 4, 2025, after wetlands and flood-hazard review, reduced this to 154 units and 39 affordable units. A later version proposed 176 units and 55 affordable units. The Housing Element and Fair Share Plan states about half of the roughly 60-acre site is affected by wetlands and streams. It also states the proposal included dedicating open space, contributing to a walking trail, and making an off-site sewer contribution.

Traffic, sewer and site review

Dolan & Dean’s traffic impact analysis is dated June 22, 2026. It estimates the site would generate at most 85 trips in a peak hour: 84 in the morning and 85 in the evening. This is below the New Jersey Department of Transportation threshold of 100 new trips. Counts were taken on Tuesday, September 16, 2025, at Mountain Avenue at King George Road and at Dahlia Drive. Existing peak-hour movements operate at Level of Service D or better, the study says. They would stay at D or better with the project. The site driveway would operate at Level of Service B or better. The study adds traffic from the recently approved Chase Partners site and a special needs housing development to its future traffic volumes. The Police Department’s memo dated July 31, 2026, states it has no comments related to traffic.

Sewer service is an open question. The updated Housing Element and Fair Share Plan places the site in the Stage IV service area. This area is described as being at or near capacity. The developer’s letter of interest proposed a contribution outside the tract. In a letter dated September 2, 2026, the applicant stated it understands that the township “has or is in the process of studying the downstream sewer line capacity to address the existing capacity issues,” will take corrective action. The applicant also stated that “has committed to contributing certain funds towards those improvements as part of its rezoning request,” will be put into a separate agreement. No signed agreement was found in the records.

The Board planner, Katherine Sarmad, reviewed the plan on September 20, 2026. She found it generally met the AH-9 bulk requirements. She confirmed that 55 affordable units met the set-aside. She wrote that her office had “no objection to the Board acting on this application.” She asked for a tree-removal plan that identifies individual trees. She also asked for confirmation that electric-vehicle requirements are met beyond the 105 surface spaces. She requested clarification on whether the 35.5-acre dedication is part of this application. She also asked for numbered building types.

Hearing schedule and status

The applicant’s response on October 2, 2026, said testimony was given at the September 23 hearing. The agendas for October 14 and October 28 list Planning Board case 26-02 as hearing items. These agendas do not state what happened at those hearings. The October 28 agenda scheduled the next meeting for November 25, 2026, at 7:30 p.m. The meeting will be in the Susie B. Boyce Meeting Room at 44 Mountain Boulevard. The Toll application was not listed for that meeting.

The minutes for September 23, October 14, and October 28 need a browser. LocalWhy has not reviewed what occurred or what was said. The Board’s minutes for June 10 and July 22, 2026, also need a browser.

Before the hearing, the application went through professional review. The Fire Marshal, Sewer Department, Police, and Board planner issued letters between July 29 and August 3, 2026. A township review meeting on August 4 granted waivers for minor-subdivision fees and escrow. The applicant resubmitted the package on September 2. The site plan was revised to August 25, 2026. The reviewed agendas and application materials do not show an approval. Minutes for the hearing dates need a browser; LocalWhy has not reviewed the outcomes.

What remains unresolved

The hearing record itself is the largest gap. The minutes for September 23, October 14, and October 28 need a browser. Therefore, resident comments, witness testimony, and Board questions are not in the reviewed record. The following items also remain unresolved:

• There is a two-unit difference between the application’s 174 units and the zoning maximum of 176 units.
• The traffic study states 365 garage and driveway spaces. The planner’s review lists 366. Both studies list 470 total spaces and 105 surface spaces.
• The status of the separate sewer-contribution agreement is unclear.
• It is unclear whether the minor subdivision has been acted upon and if the new lots have been confirmed by the Tax Assessor.
• It is unclear if the 16 charging spaces meet state electric-vehicle requirements for the full 470-space layout.
• The Township’s agenda for August 26 lists Planning Board case 26-02 for 84 Liberty Corner Road, LLC. The September 23 agenda lists Planning Board case 26-02 for Toll NJ I, LLC. The reviewed records do not explain why the case number was repeated.

It is also uncertain whether the 35.5-acre dedication will be accepted as part of this case. The Board’s November 25 meeting is the only scheduled step in the record. No date has been set for a vote. The site-plan drawings are image-only files. Therefore, details in this page come from the application forms, the planner’s report, and the traffic study.