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--- Document: Ordinance #2026-03 Establish AH-5 zone Adopted (pdf) Document ---
BOROUGH OF SPRING LAKE HEIGHTS
COUNTY OF MONMOUTH
ORDINANCE 2026-03
AN ORDINANCE AMENDING CHAPTER 22, ARTICLE VI ZONING REGULATIONS,
SECTION 606 (ZONE DISTRICT REGULATIONS) CREATING THE AH-5 OVERLAY
ZONING DISTRICT IN FURTHERANCE OF THE BOROUGH'S OBLIGATION TO
PROVIDE FOR ITS FAIR SHARE OF AFFORDABLE HOUSING.
WHEREAS, on March 20, 2024, Governor Murphy signed into law P.L. 2024, c.2, an
Amendment to the 1985 Fair Housing Act (hereinafter "Amended FHA" or "Act") establishing
the statutory calculation of the state-wide fair share obligation for the Fourth Round of affordable
housing for the time period 2025-2035; and
WHEREAS, the Amended FHA requires the Department of Community Affairs
("DCA") to provide its calculation of every municipality's Fourth Round fair share affordable
housing obligations based upon the criteria on the Amended FHA and the DCA issued a report
on October 18, 2024 (the "DCA Report") wherein it supplied its calculation of the fair share
affordable housing obligation for all municipalities, including the Borough of Spring Lake
Heights; and
WHEREAS, the DCA Report calculated Spring Lake Heights's Fourth Round fair share
obligations as follows: Present Need (Rehabilitation) Obligation of 35 units and a Fourth Round
Prospective Need (New Construction) Obligation of 44 affordable housing units; and
WHEREAS, the Borough of Spring Lake Heights (the "Borough" or "Spring Lake
Heights") having filed a resolution of participation in the Affordable Housing Dispute Resolution
Program (the "Program") and a declaratory judgment action bearing the caption, In the Matter of
the Borough of Spring Lake Heights, Superior Court of New Jersey, Law Division, Docket No.
MON-L-436-25 on January 21, 2025; and
WHEREAS, the Borough having filed its Housing Element and Fair Share Plan on June 4
2025 (the "HEFSP"); and
WHEREAS, FSHC and other objectors having filed challenges pursuant to N.J.S.A.
52:27D-304.1(f)(2)(b) regarding the Borough's HEFSP on August 31, 2025; and
WHEREAS, the Mediation before the Program was unsuccessful, and the Program, Judge,
the Hon. Mary C. Jacobson, A. J.S.C. (retired), having found the Borough's position legally
consistent with the Fair Housing Act and issued a Program Decision on January 8, 2026 which
requires the Borough to allow for residential use with an affordable housing set aside and to adopt
an updated Affordable Housing Ordinance; and
WHEREAS, the Borough Council of the Borough of Spring Lake Heights believes it
is in the best interest of the Borough to adopt the Fourth Round implementing ordinances in
order to obtain compliance certification from the Program/Court thereby protecting the
Borough from exclusionary zoning litigation for ten years until 2035.
NOW THEREFORE, BE IT HEREBY ORDAINED by the Mayor and Council of the
Borough of Spring Lake Heights in the County of Monmouth, State of New Jersey that the
Borough's Land Development Ordinance at Chapter 22, Article VI Zoning Regulations, Section
606 (Zone District Regulations) is hereby amended to create the AH-5 Overlay Zoning District as
follows:
606.10 Affordable Housing AH-5 Overlay Zoning District
A. Purpose. The purpose of the AH-5 Overlay Zone is to allow for residential uses with
an affordable housing set aside to assist the Borough in meeting its Fourth Round
unmet need obligation. The AH-5 Zone includes Block 53, Lots 4 and 5 and Block 67,
Lot 5.
B. Permitted Principal Uses (Land and Building)
1. Residential Use.
(a) Multi-Family Residential up to three stories with a mandatory 20% set aside
for affordable housing.
(b) Essential services
C. Permitted Accessory Uses
1. Off-street parking and loading facilities
2. Supply and equipment storage
3. Signs, conforming to the provisions of section 22-610
4. Fences and walls
D. Area and bulk requirements
Minimum Lot Area:
Minimum Lot Frontage:
Minimum Lot Width:
Minimum Lot Depth:
Minimum Front Yard:
Minimum Side Yard:
Minimum Rear Yard:
Maximum Building Height:
Maximum Building Height Accessory Structure:
Maximum Building Coverage:
Maximum Dwelling Unit/Acre:
Maximum Lot Coverage:
E. Parking requirements
10,000 square feet
100 feet
100 feet
125 feet
20 feet
10 feet
30 feet
40 feet (3 stories)
15 feet
40%
24
75%
1. All residential development shall comply with the Residential Site Improvement
Standards for all residential development.
F. Buffers
1. Buffers shall be provided in accordance with Section 22-505.
G. Design Criteria. In addition to all other design standards as may be applicable under
this chapter, the following design standards shall be applied in the MU1 and MU2
Combination Zones:
1. A planting strip, a minimum of five (5') feet wide, is required along State Highway
71 between the curb and the sidewalk.
2. All sidewalks shall be five (5') feet wide.
3. All approved plantings along State Highway 71 exceeding six (6') feet in height
shall be a minimum of ten (10') feet from the curb.
4. Shade trees (as per Borough Tree List) shall be required with a minimum of two
(2) per lot approximately thirty-five (35') apart as per site plan approval.
5. Decorative lamp posts (Grosse Pointe 3173 PB w/305 Base) are required every
seventy (70') feet of frontage along State Highway 71 and shall be implemented as
per site plan approval.
6. Sidewalk benches shall be required (2 per frontage) as per site plan approval.
7. All recycling and dumpster areas shall be enclosed on four (4) sides and
surrounded by four (4') to six (6') foot evergreen trees (as per Borough Tree List)
on three (3) sides.
8. Above ground storm water management is prohibited.
9. All wiring and utilities shall be underground.
BE IT FURTHER ORDAINED THAT the Zoning District Map of the Borough of Spring Lake
Heights is hereby amended to include the AH-5 Overlay Zoning District.
BE IT FURTHER ORDAINED, that
A. All other Ordinances or provisions of the Code of the Borough of Spring Lake
Heights or parts thereof, which are inconsistent with any provisions in this Ordinance,
are hereby repealed to the extent of such conflict or inconsistency.
B. If any provision or portion of this Chapter is held to be unconstitutional, preempted
by Federal or State Law or otherwise invalid by any court of competent jurisdiction,
the remaining provisions of this chapter shall not be invalidated.
C. This Ordinance shall take effect upon its passage and publication as required by law.
BE IT FURTHER ORDAINED, that this ordinance shall take effect upon passage and publication in
accordance with applicable law.
AMA
Christopher M. Campion, JK, Mayor
Janine Gillis, Borough Clerk
3-2-2026
Date
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