Middle Township Announces Steps to Affirm Housing Commitment
Middle Township announces steps to affirm fair housing commitment
‘Mandatory set aside’ for multi-unit developments is under consideration
Middle Township plans to adopt a resolution at its June 21 Township Committee meeting that solidifies its commitment to voluntary compliance with fair housing obligations.
The Township also is weighing a “mandatory set aside” ordinance that would require a certain percentage (either 15 or 20 percent) of all developments of five or more new residential units be reserved for affordable housing. This measure would apply only to new development within the sewer service area.
The actions come after the Fair Share Housing Center (FSHC) filed a court motion against the Township. The court filing challenges the Township’s immunity from builder’s remedy lawsuits. Such litigation can allow developers to construct multi-family housing with an affordable housing set-aside outside the scope of local zoning regulations.
However, the Township maintains that its immunity from the lawsuits remains in place based on good-faith efforts to resolve outstanding issues.
Middle Township entered into negotiations with the Fair Share Housing Center in 2019 to address the municipality’s obligation under New Jersey’s Third Round Housing Formula.
That portion of the state regulations establishes the cumulative affordable housing need for 1999 through 2024, and assigns each municipality its fair housing obligation.
Under New Jersey Law, municipalities are required to comply with their constitutional obligation to create a “realistic opportunity” for their “fair share” of the regional need for affordable housing. By complying voluntarily, towns avoid being forced to comply through exclusionary zoning lawsuits.
Municipalities with approved affordable housing plans are immune from builder’s remedy lawsuits. Middle Township’s immunity has been based on the complex work of developing an affordable fair housing plan while continuing to negotiate with FSHC.
The Township’s planners are collecting recently available housing and demographic data from the latest U.S. census and related statistics. The information will be used in the final Housing Element of the Township’s Master Plan. At 72 square miles, Middle Township is much larger geographically than most New Jersey communities, which is another factor in the planning process.
The planners are also working with Township administration to collect information and documentation demonstrating the Township’s affordable housing “credits” based on prior affordable housing developments, such as the Conifer Apartments Complexes, Habitat for Humanity homes, ARC group homes and several others. The Township is also negotiating with FSHC to structure an agreement that provides Middle with a number of credits for the various mobile home parks in the Township.
The Township’s team is hopeful that the outstanding issues with FSHC can be resolved without having to litigate the pending motion. Middle Township is preparing a draft settlement agreement and hopes that it will be finalized with FSHC within 60 to 90 days.