Harding Advisories/Notices

3/1/2019 - PLEASE TAKE NOTICE that on March 1, 2019, beginning at 1:30 P.M., there will be a Fairness and Compliance Hearing (“Hearing”) before the Honorable before the Honorable Maryann L. Nergaard, J.S.C.,Docket No. MRS-L-1672-15 at the Morris County Courthouse, C

TOWNSHIP OF HARDING

NOTICE OF FAIRNESS AND COMPLIANCE HEARING FOR THE TOWNSHIP OF HARDING, COUNTY OF MORRIS (“TOWNSHIP”), FOR THE TOWNSHIP’S AMENDED SETTLEMENT AGREEMENT WITH FAIR SHARE HOUSING CENTER AND ITS HOUSING ELEMENT AND FAIR SHARE PLAN FOR THE PERIOD 1987-2025

Docket No. MRS-L-1672-15

 

PLEASE TAKE NOTICE that on March 1, 2019, beginning at 1:30 P.M., there will be a Fairness and Compliance Hearing (“Hearing”) before the Honorable before the Honorable Maryann L. Nergaard, J.S.C.,Docket No. MRS-L-1672-15 at the Morris County Courthouse, Court and Washington Streets, Courtroom 17, 5th Floor, Morristown, New Jersey 07960

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The purpose of the Hearing is for the Court to review and approve the Township’s Settlement Agreement with Fair Share Housing Center (“FSHC”), and with S/K Mount Kemble Associate, LLC. (“S/K”) as well as its updated Housing Element and Fair Share Plan, including implementing ordinances and resolutions (hereinafter the “Affordable Housing Plan”), as to whether or not these documents, taken together, fulfill 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 Court will consider whether the Affordable Housing Plan, including the necessary implementing ordinances and resolutions, fully addresses the components of the Township’s affordable housing obligation for the period 1987-2025. These components 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 Affordable Housing Plan provides the details of the Township’s total affordable housing obligation and the mechanisms by which it proposes to fulfill that obligation. The draft of 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 offices, 21 Blue Mill Road,  New Vernon, New Jersey 07976.

 

On the date of the Hearing, the Court will conduct Final Compliance Hearing to determine whether the Affordable Housing Plan creates the realistic opportunity for the satisfaction of the Township’s affordable housing obligation for the period from 1987-2025 pursuant to the Mount Laurel decisions and their progeny, the Fair Housing Act (N.J.S.A. 52:27D-301, et seq.) and all amendments thereto,  the applicable procedural and substantive regulations of COAH, 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), the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1, et seq.), and the terms of the Settlement Agreement previously approved by the Court on November 14, 2018.

 

            The Township seeks a Judgment of Fairness and Compliance and Repose formally approving the amended Settlement Agreement and the Affordable Housing Plan, subject to any conditions that may be imposed by the Court on the Affordable Housing Plan, which Judgment of Fairness and Compliance and Repose will entitle the Township to protection from any Mount Laurel builder’s remedy lawsuits through July 1, 2025..

 

Any interested third party that seeks to appear and be heard at the March 1, 2019 Hearing on the Township’s Settlement Agreement and Affordable Housing Plan shall have the opportunity to present its position on these matters.  Objections or comments by any interested party must be filed with the Court at the above address on or before February 20, 2019 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

 

Special Master:

      James T. Kyle, PP/AICP

         Kyle + McManus Associates

    PO Box 236

      Hopewell, NJ 08525

         jkyle@kylemcmanus.com

 

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