928 Units and a $16.6 Million Bill- Monday’s Berkeley Heights Council Meeting

The meeting next week is on Monday which gives us one less day to get the information out there – so we are pushing the agenda notes out tonight and they are worth reading.

Context  

The story starts in February with a draft that sought to double the maximum buildable area to 4.5 million square feet, preserved the 328 unit cap and added 480 more units to hit fourth round compliance. This draft weakened setback protections along Plainfield Ave and kept the impervious coverage to 75%.

After our reporting, the Township pulled the density ordinance from the 02/17 agenda but the broader AH Code changes remained along with an exemption from the 6% ‘d’ variance bonus development fee that holds the potential for big density consequences  down the road.

The Connell Density ordinance showed up again at the end of February. The 4.5 million number was slightly reduced and restructured, the setback in some areas were increased and the west-side overlay was recast into an MU overlay. While these were small ‘wins’ the basic scale remained intact.

Then there are the concerns surrounding process.

NJ21st and residents have expressed concerns over the lack of a redline, comparison documents to the prior ordinance and plain English explanations. We aren’t talking about a slight adjustment to leash laws here – these are generational, transformative changes.

We did our best to make clear that we weren’t dealing with one ordinance in a silo but a broader overhaul, a coordinated framework change that incentivized density and public plaza design.

The other point we attempted to make clear throughout the discussion is that while some of this was legally required, not all of it was and that’s what makes all the moving parts problematic as you have a great deal of different changes occurring within a legally required context that government representatives can fall back on in pushing back on changes that are entirely possible.

We have NEVER claimed PILOT dollars were part of this package however it is interesting, given the state of the school budget, that this opportunity was not taken to codify an arrangement through existing PILOT dollars.

Lastly, this does not fully include what’s going on at Nokia which the New Providence Town Council recently voted on and seeks to tandem with Berkeley Heights on that front. While the sea of change includes Nokia it does not present the full picture, the other half occurring on the border.

Monday  – When it Comes Together

The agenda includes resolutions that..

-Endorse an amended Fourth Round Housing Element and Fair Share Plan

-Approve a Fourth Round Affordable Housing Trust Fund Spending Plan and seeks court approval

-Adopts an Affirmative Marketing Plan

-Adopts an Administrative Agent Operating Manual

-Adopts an Affordability Assistance Program Manual.

It also includes final adoption of Ordinance 2026-02, the amended Mixed Use zone and MU Overlay ordinance tied to the Connell site.

Based on the ordinance and attachments the Township’s fair-share obligations were set at zero present need by court order along with 240 prospective-need units. The Fair Share Housing Center challenged the Town’s original fourth round plan and then landed an agreement in December.

From there, the amended plan was adopted by the Planning Board on 02/18 and moved to the Town Council.

The spending plan makes it super clear that this isn’t just zoning on paper.

The Town puts it’s affordable housing trust fund balance at $2,401,743.42 as of December 31, 2025 and projects another $1,345,217.70 during the fourth round.  The plan identifies a 100% affordable housing project of up to 24 rental units at Snyder with deadlines tied to the 12/8/25 consent order.

And that’s not all…

A five year employment agreement for the Police Chief Position starts with a $225,000 base with 3% increases from 2027 through 2030.

A temporary emergency appropriation totaling $16,691,369.97 ahead of final adoption of the 2026 budget, including $12,273,906 in current-fund temporary appropriations. 

A conference session on the 2026 Capital Budget, including requests from DPW, the Wastewater Treatment Plant, Police, Fire and Engineering.

A professional-services contract to Neglia Group tied to the Safe Streets to Transit 2024 Project

Authorization to advertise for bids on the Emerson Lane Improvement project

A resolution authorizing Connell to make improvements at Twin Falls and Diamond Hill at its own expense.

Initial discussion of a proposed E-bike ordinance

All of this on a Monday that gives the public one less day than it usually has to work its way through another massive agenda with longstanding implications.

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