BERKELEY HEIGHTS, NJ — Last month we reported on a proposal to amend the Township’s Mixed Use (MU) Zone and also establish a Mixed Use overlay (Ordinance 2026-02). Less than 48 hours after we published the article that ordinance and the conference session attached to it disappeared.
As we indicated, it was highly likely we would see it again as other parts of the agenda that were part of the cluster remained and were predictably passed.
That February version of the ordinance:
- Increased the “Maximum Buildable Area” to 4,500,000 square feet
- Reduced MU Zone setbacks along Plainfield Avenue from 125 feet to 75 feet
- Kept other boundary setbacks to 25 feet
- Included overlay language allowing buildings up to 75 feet, with a reduced 55-foot cap within 50 feet of Plainfield Avenue
Despite the item being pulled in February, a resident showed up during the last meeting to hold the Council to task on the issue although they were unable or unwilling to answer his questions.
Now while the ordinance is back for the 03/03 Town Council Metting, there is now no Connell/Mistretta conference session listed and STILL no redline version that makes it easy for residents to compare all three drafts.
The table below shows a breakdown of the current ordinance, the ordinance that was pulled in February and the Ordinance that is up for a vote next week based on our review.
Connell MU Ordinance Comparison
Black + Orange table| Topic |
2021 Baseline
Current Ordinance
|
Feb Draft (Pulled 2/17)
Scrubbed
|
March Draft (Now Back)
Current Draft
|
|---|---|---|---|
| Max Buildable Area (GFA Cap) | 2,250,000 sq ft total | 4,500,000 sq ft total | 2,250,000 + 1,500,000 structure |
| Residential Density | 328 units max | 328 + 480 + possible 120 contingency | 328 + 480 + possible 120 contingency |
| MU Setback – Plainfield Ave | 125 ft | 75 ft | 75 ft |
| MU Setback – Other Boundaries | 25 ft | 25 ft | 50 ft |
| How “Overlay” is Structured | None | Embedded “overlay portion” language | Separate MU Overlay Zone |
| Principal Height (West Side) | 150 ft overall MU cap | 75 ft overlay (55 ft within 50 ft of Plainfield) | 4 stories / 55 ft |
| Permitted Uses (West Side) | Single MU framework | Single MU framework | Overlay limited to townhouse-style multifamily + townhouses |
One ordinance (2026-04) that was part of the original cluster from the original February packet that was not removed and exempts developments that include affordable housing from the 6% “d” variance bonus fee is up for it’s second review. As we indicated in our prior two articles – in practice, this can remove a financial deterrent that would otherwise apply when developers seek density above what zoning allows.
Many residents conveyed shock and disappointment to NJ21st that the council spent time discussing Vegan Muffins and Dog Feces during the last meeting but had little to no discussion on these ordinances even when faced with resident questions,
Laura will be providing an update on the rest of the agenda.
Source
Related Articles:
Another “Routine” Agenda: The 2/17 Connell Density Bomb
Following NJ21st Report, Berkeley Heights Scrubs Connell Density Plan from 02/17 Council Agenda
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