Upper Town Council Faces Procedural Hurdles in Zoning Ordinance for Cannabis Sales
- Meeting Overview:
In a recent Upper Town Council meeting, discussions emerged over procedural errors in zoning ordinances related to cannabis sales, the township’s ongoing affordable housing obligations, and the introduction of the 2026 budget. These topics underscored the council’s efforts to address zoning compliance, fiscal responsibility, and community engagement.
The meeting’s centerpiece was the council’s decision to rescind a previously adopted ordinance concerning zoning regulations for cannabis sales, due to a procedural oversight. Legal counsel identified that the required certified mail notifications to property owners within 200 feet of the affected area had not been sent before the ordinance’s final adoption. This procedural lapse rendered the previous action void, necessitating a formal rescindment and rescheduling of the ordinance’s second reading and public hearing for March 23, 2026. A council member expressed concerns about potential confusion among residents who believed the ordinance had already been approved. The mayor assured that the hearing would be properly conducted, allowing for public participation.
This issue prompted inquiries from residents, including Diane Leo, who questioned whether other related ordinances would undergo the same process. It was clarified that while the main ordinance faced rescindment, additional ordinances concerning the cannabis dispensary had passed without issue. The conversation highlighted the procedural aspects and the clerical error that had occurred, with acknowledgment that it had passed through multiple checks before being caught.
Another major topic was the township’s affordable housing obligations. The council discussed transitioning from the third to the fourth round of state-mandated housing requirements, emphasizing the importance of compliance to avoid a builder’s remedy lawsuit. This could lead to unpredictable consequences for the township if not addressed. The council noted that the township still had unfulfilled obligations from round three, which would carry over into round four, requiring careful planning and execution.
Residents posed questions about the specific locations of future affordable housing developments, expressing interest in how these would integrate with existing neighborhoods. The council explained the 20% affordable housing requirement for developments exceeding five lots and affirmed the state’s mandate for integration of affordable units with high-value developments. Discussions also addressed accessory apartments, which are limited to detached structures, such as garages, and not large apartment complexes.
The meeting also saw the introduction of the 2026 budget, with the mayor explaining its construction over recent months. The budget featured a tax rate increase of 2.97%, which the mayor noted was relatively low compared to other towns facing higher rates due to increased health insurance and other costs. He warned of potential state budget cuts that could impact township funding and stressed the importance of maintaining financial stability. The council approved the budget introduction unanimously.
In other matters, the council passed an ordinance addressing the township’s responsibility for mailbox damage caused by snow plowing operations. If a resident on a township road experiences such damage, the public works department will validate the claim, offering a $50 reimbursement once per year. The ordinance was clarified to be unrelated to other township codes or discussions about safe routes to school.
Public comments included a request from the Parish of St. Maximilian Kolbe to use Strathmere Beach for an Easter sunrise mass and another request for a raffle, both of which were approved by the council. Concerns were also raised about the costs associated with a bike lane and sidewalk project on North Old Tahoe Road and Shore Road. A council member explained that the grant funding for this project was specifically designated for such developments. Despite skepticism from residents, the council assured that any cost overruns would not lead to additional taxpayer funding but would instead reduce the project scope.
Curtis T. Corson, Jr.
City Council Officials:
Curtis T. Corson, Jr., Victor W. Nappen, Ii, Zachary H. Palombo, Samuel J. Palombo, Tyler C. Casaccio
-
Meeting Type:
City Council
-
Committee:
-
Meeting Date:
03/09/2026
-
Recording Published:
03/09/2026
-
Duration:
72 Minutes
-
Notability Score:
Routine
Receive debriefs about local meetings in your inbox weekly:
-
State:
New Jersey
-
County:
Cape May County
-
Towns:
Upper
Recent Meetings Nearby:
- 03/09/2026
- 03/09/2026
- 23 Minutes
- 03/09/2026
- 03/09/2026
- 197 Minutes
- 03/09/2026
- 03/09/2026
- 54 Minutes