Manchester, NJ — A disputed zoning change affecting development in the Pinelands region of Manchester Township has been scrapped after state regulators refused to approve it, forcing local officials to reverse course and reopen questions about what can be built in the area.
Township Council voted to repeal Ordinance 2024-40, a measure that aimed to eliminate townhouse development in a designated Pinelands/light industrial overlay zone. The move follows the Pinelands Commission’s decision not to certify the ordinance, rendering it unenforceable under state law.
The repeal, formalized through Ordinance 26-9, resets zoning rules in the contested area—at least for now—while officials weigh next steps.
State oversight halts local zoning change
The core issue is jurisdiction.
Because the affected land falls within the Pinelands, any zoning changes must be reviewed and certified by the Pinelands Commission. Without that approval, local ordinances cannot take effect.
In this case, the commission declined to certify Manchester’s changes, effectively nullifying the township’s attempt to restrict townhouse construction.
That left local officials with limited options: either revise the ordinance to meet state standards or repeal it entirely. They chose repeal.
Confusion over what the ordinance actually allowed
Complicating matters, township officials acknowledged the original ordinance may have created unintended consequences.
Business Administrator Carl Block told council members the language of Ordinance 2024-40 was flawed, suggesting it may have done the opposite of its stated goal.
Rather than clearly restricting townhouse development, the ordinance’s structure could be interpreted as allowing it broadly, except in specifically excluded zones.
“That ordinance was written poorly,” Block said during a council discussion, explaining that typical zoning frameworks define permitted uses explicitly—while anything not listed is prohibited.
In this case, the ambiguity appears to have created legal and planning uncertainty.
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Key Points
• Manchester repeals zoning ordinance after Pinelands Commission отказ certification
• Dispute centers on whether townhouses can be built in overlay zone
• Officials say original ordinance language may have unintentionally allowed development
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Overlay zone at center of dispute
The controversy focuses on an “overlay zone,” a planning tool that adds additional rules on top of existing zoning designations.
Overlay zones are commonly used to address environmental protections, flood risks, or design standards—especially in sensitive regions like the Pinelands.
In Manchester, the overlay was intended to regulate development in an area near Pine Lake, where land use carries environmental and infrastructure considerations. But unclear language in the ordinance—and the lack of state certification—left its enforcement in limbo.
Legal and development questions remain
The repeal does not resolve the underlying issue: whether townhouse development should be allowed in that part of Manchester.
Officials indicated the matter could continue through legal channels or require a rewritten ordinance that aligns with Pinelands Commission requirements. The uncertainty has implications for developers, residents, and environmental oversight, particularly in a region where land use is tightly controlled.
What happens next
With Ordinance 2024-40 now repealed, the township returns to its prior zoning framework unless and until a new, compliant ordinance is introduced.
Any future attempt to modify zoning in the Pinelands area will need to secure state certification before taking effect. For now, the question of townhouse development in the disputed zone remains unresolved, setting up potential further debate at both the local and state levels.
