Harding Advisories/Notices

11/2/2018 - NOTICE OF FAIRNESS HEARING FOR THE TOWNSHIP OF HARDING, COUNTY OF MORRIS (“TOWNSHIP”), FOR THE TOWNSHIP’S HOUSING ELEMENT AND FAIR SHARE PLAN FOR THE AFFORDABLE HOUSING PERIOD 1987-2025 -- Morris County Court House, November 2, @1:30pm

Docket No. MRS-L-1672-15

 

PLEASE TAKE NOTICE that on November 2, 2018, beginning at 1:30 P.M., there will be a Fairness Hearing (“Hearing”) before the Honorable Maryann L. Nergaard, J.S.C., regarding the settlement of In the Matter of the Township of Harding for a Judgment of Compliance of Its Third Round Housing Element and Fair Share Plan, Docket No. MRS-L-1672-15 at the Morris County Courthouse, Court and Washington Streets, Courtroom 17, 5th Floor, Morristown, New Jersey 07960

The purpose of the Hearing is for the Court to consider whether the draft of the Township’s proposed Housing Element and Fair Share Plan (“Affordable Housing Plan”), (for which it is anticipated that the Township Planning Board and Township Committee will review, pursuant to the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq.) will satisfy the Township’s obligation to provide a realistic opportunity to satisfy its rehabilitation, Prior Round and Third Round “fair share” of the regional need for housing affordable to low income and moderate income households pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301, et seq., the substantive, applicable regulations of the New Jersey Council on Affordable Housing (“COAH”), the New Jersey Supreme Court’s March 10, 2015 decision in the matter of In re N.J.A.C. 5:96 & N.J.A.C. 5:97, 221 N.J. 1 (2015) and other applicable laws.

The Affordable Housing Plan fully addresses the existing components of the Township’s affordable housing obligations for the period 1987-2025. These include the Prior Round (1987-1999), new construction obligation of 83 units, a rehabilitation obligation of 0 units, and a Third Round (1999-2025) and new construction obligation of 176 units, which is subject to possible future modification and is subject to an adjustment for lack of vacant developable land. The proposed Affordable Housing Plan provides a detailed list of the Township’s total affordable housing obligation, compliance mechanisms that demonstrate the Township’s compliance with those affordable housing obligations. The  settlement agreement setting forth the Township’s Affordable Housing Plan will be available for public inspection and/or photocopying (at requestor’s expense) between the hours of 9:00 A.M. to 4:00 P.M. at the Township Clerk’s office located at 21 Blue Mill Road,  New Vernon, New Jersey 07976.

On the date of the Hearing, the Court will conduct a Fairness Hearing to determine whether the Affordable Housing Plan is fair to low and moderate income households and creates a realistic opportunity for satisfaction of the Township’s affordable housing obligations pursuant to the Mount Laurel decisions and their progeny, the Fair Housing Act (N.J.S.A. 52:27D-301, et seq.), and the applicable procedural and substantive regulations of COAH and the Supreme Court’s March 10, 2015 decision in the matter of In re N.J.A.C. 5:96 & N.J.A.C. 5:97, 221 N.J. 1 (2015) to satisfy the Township’s affordable housing responsibilities for the period 1987-2025.

     The Township seeks a Judgment of Compliance and Repose formally approving the Affordable Housing Plan, subject to appropriate conditions, if any, that may be imposed by the Court, which Judgment of Compliance will entitle the Township to protection from any Mount Laurel builder’s remedy lawsuits for a period of time to be determined by the Court.

Any interested third party that seeks to appear and be heard at the November 2,2018 Hearing on the Township’s proposed Affordable Housing Plan shall have the opportunity to present any position on the Township Affordable Housing Plan. Objections or comments by any interested person must be filed with the Court at the above address on or before October 24, 2018 with duplicate copies being forwarded by mail and e-mail to the attention of the following:

 

Steven A. Kunzman, Esq.

DiFrancesco, Bateman

15 Mountain Boulevard

Warren, New Jersey 07059

skunzman@newjerseylaw.net

 

Mark Roselli, Esq.

Roselli Griegel Lozier

& Lazarro, PC

1337 State Hwy. 33

Hamilton, New Jersey 08690

mroselli@roselligriegel.com

 

 

Kevin Walsh, Esq.

Fair Share Housing Center

510 Park Boulevard

Cherry Hill, New Jersey 08002-3318

kevinwalsh@fairsharehousing.org

 

Derek W. Orth, Esq.

Inglesino, Webster, et. al.

600 Parsippany Rd. Suite 204

Parsippany, New Jersey 07054

dorth@iwt.com

 

Court Appointed Special  Master:

Elizabeth McKenzie, AICP, PP

9 Main Street

Flemington, NJ 08822

ecmcke@gmail.com

 



This Notice is provided pursuant to directive of the Court and is intended to inform interested parties of the Township’s proposed Affordable Housing Plan and inform such parties that they are able to comment on said Affordable Housing Plan before the Court reviews and evaluates whether to approve the Affordable Housing Plan. This Notice does not indicate any view by the Court as to the fairness or the adequacy of the Township’s Affordable Housing Plan.