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Overview of the Glen Rock Affordable Housing Process
Updated March 13, 2026

The Borough of Glen Rock has worked diligently to develop an affordable housing plan that complies with the obligations imposed by state law while ensuring that the Borough maintains its immunity from all exclusionary zoning lawsuits, including builder’s remedy lawsuits. To reach compliance, the Borough has made amendments to its current zoning to increase all affordable housing set-asides to 20%, establish AHO-3 and AHO-4 zones, and amend the existing AHO-2 zone. The creation of these overlay zones provides the opportunity for development but does not mandate that development must occur.

Background Information

In March 2024, amendments to the New Jersey Fair Housing Act were passed which established a new framework for determining and enforcing municipalities’ affordable housing obligations under the Mount Laurel Doctrine for the years 2025–2035 (the “4th Round”). COAH was abolished and its former duties were split between the Department of Community Affairs (DCA) and the Administrative Office of the Courts (AOC).

What Is Glen Rock’s Current Need?

The DCA calculated regional need numbers as well as present and prospective need obligations for the 4th Round. The Borough of Glen Rock is located in Region 1, which has a prospective need of 27,743 units, and the Borough was assigned a Present Need of 0 units and a Prospective Need of 222 units.

The Borough thereafter adopted a binding resolution applying a downward adjustment to the Prospective Need, after review and consultation with its professionals, determining that the appropriate Prospective Need was 201 units. This calculation took into account vacant land throughout the Borough, as well as the Borough’s realistic development potential. Despite a challenge being filed by the New Jersey Builders Association, the Borough prevailed and a court order was entered in the spring of 2025 upholding the Borough’s amended calculations.

In previous affordable housing rounds, the Borough was able to demonstrate that its Realistic Development Potential (RDP) was 0 units due to limited available land suitable for development. However, through negotiations during the Fourth Round process, municipalities were advised that they must demonstrate a pathway to address at least 25% of their prospective need in order to achieve compliance and maintain protection from builder’s remedy litigation. The amendments to Glen Rock’s zoning and the establishment of additional overlay zones were developed to provide that pathway while maintaining local planning control.

Summer of 2025

Like the vast majority of communities across the State, the Borough received legal challenges to its Housing Element and Fair Share Plan upon the August 31, 2025 deadline. Challenges were filed by both the Fair Share Housing Center and the owner of 66 Glen Avenue. The Borough reached settlements with both challengers in December 2025 through the state-administered mediation program.

Settlement of the Legal Challenges

The settlements resulted in amendments to the Borough’s zoning to require a mandatory 20% set-aside for new developments, establish two new overlay zones referred to as AHO-3 and AHO-4 zones, and amend the current AHO-2 zone. The settlement reached between the Borough and the challengers, in the opinion of the Borough’s professionals, represents a preferable alternative to potential court-imposed outcomes faced by municipalities that did not reach settlements. The settlement will materially advance and support the issuance of a Judgment of Compliance and Repose by the Superior Court with respect to the Borough’s Fourth Round Housing Element and Fair Share Plan.

With respect to the 66 Glen Avenue property, the Borough and the property owner worked cooperatively to outline a project concept that has no off-site parking requirement, does not require a Financial Agreement, and where the majority of the building will be comprised of studio and one-bedroom apartments. The Mayor and Council worked to ensure there would be appropriate setbacks from all residential neighbors and buffers to create screening from these areas.

It should be noted that the adoption of an overlay zone does not mandate a project for that particular area. Instead, the overlay zone provides an opportunity for development while the underlying zoning remains in place, in compliance with the Mount Laurel Doctrine.

Next Steps

After adopting all necessary ordinances and resolutions, as required by the Amended Fair Housing Act and the settlement agreement reached with the challengers, the Borough is expected to maintain its immunity from builder’s remedy litigation for the Fourth Round, through 2035, subject to continued compliance with applicable court approvals. Any developers, including the owners of 66 Glen Avenue, will still need to submit all project plans to the appropriate governing bodies and comply with all state and local laws, including public notice requirements under the Municipal Land Use Law.

The Mayor and Council, along with their professionals, share the view that this process has been challenging and has provided limited opportunity for broader public engagement due to the timelines established by state law. Before the Fifth Round (2035–2045), the Borough intends to work with partners in the League of Municipalities, the Conference of Mayors, and other advocacy organizations to voice collective concerns at the State level and advocate for improvements to the process.