NORTH HANOVER TOWNSHIP

TOWNSHIP COMMITTEE SPECIAL MEETING MINUTES

JANUARY 29, 2025, 6:00 P.M.

VIA CONFERENCE CALL: Dial In: 1-888-482-9769; Access Code 4493305#

OR

IN PERSON

CALL TO ORDER Mayor DeBaecke called the meeting to order at 6:00 p.m.

FLAG SALUTE: Led by Mayor DeBaecke followed by a moment of silence

ROLL CALL: Mayor DeBaecke

Deputy Mayor Doyle

Committeeman Forsyth

Committeeman Giberson

Committeeman Palombi

Absent: None

Also Present: Township Clerk Mary Picariello and Township Attorney Roselli

SUNSHINE STATEMENT: “The provisions of the Open Public Meetings Act have been met. Notice of this meeting has been transmitted by email to the Burlington County Times and The Courier Post as well as given to those having requested same and posted on the Township bulletin board located in the foyer of the municipal building”.

ORDINANCE – INTRODUCTION

2025-01 An Ordinance to Establish Salaries for Various Officials of the Township of North Hanover, Burlington County, State of New Jersey, and Regulating the Manner of Payment of Same

MOTION TO INTRODUCE

MAYOR SET PUBLIC HEARING FOR FEBRUARY 20, 2025 AT 7:00 P.M.

NON-CONSENT AGENDA

2025-36 Resolution Establishing the Fourth Round Housing Present need and Prospective need Obligation for the Township of North Hanover

Attorney Roselli noted, at the recommendation of the planner, we are accepting these numbers. However, he

stated those numbers could be adjusted. He stated the present need is for rehabilitation and the prospective need

is building units.

RESOLUTION 2025-36

TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON, STATE OF NEW JERSEY

RESOLUTION ESTABLISHING THE FOURTH ROUND AFFORDABLE HOUSING PRESENT NEED AND PROSPECTIVE NEED OBLIGATION FOR THE TOWNSHIP OF NORTH HANOVER 

WHEREAS, on March 20, 2024, Governor Murphy signed into law an Amendment to the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.) (hereinafter “Amended FHA”); and

WHEREAS, the Amended FHA requires the Department of Community Affairs (“DCA”) to produce non-binding estimates of fair share obligations on or before October 20, 2024; and

WHEREAS, the DCA issued a report on October 18, 2024 (“DCA Report”) wherein it reported its estimate of the obligation for all municipalities based upon its interpretation of the standards in the Amended FHA; and

WHEREAS, the DCA Report calculates the Township of North Hanover’s Fourth Round (2025-2035) obligations as follows: a Present Need or Rehabilitation Obligation of 37 and a Prospective Need or New Construction Obligation of 28; and

WHEREAS, the Amended FHA provides that the DCA Report is non-binding, thereby inviting municipalities to demonstrate that the Amended FHA would support lower calculations of Fourth Round affordable housing obligations; and

WHEREAS, the Amended FHA further provides that “[a]ll parties shall be entitled to rely upon regulations on municipal credits, adjustments, and compliance mechanisms adopted by COAH unless those regulations are contradicted by statute, including P.L. 2024, c.2, or binding court decisions” (N.J.S.A 52:27D-311 (m); and

WHEREAS, COAH regulations authorize vacant land adjustments as well as durational adjustments; and

WHEREAS, based on the foregoing, the Township of North Hanover accepts the DCA calculations of the Township’s fair share obligations and commits to its fair share of 37 units of present need and 28 units of prospective need subject to any vacant land and/or durational adjustments and/or municipal credits, adjustments and compliance mechanisms adopted by COAH that it may seek as part of the Housing Plan element and Fair Share Plan element it subsequently submits in accordance with the Amended FHA; and

WHEREAS, the Township reserves the right to comply with any additional amendments to the FHA that the Legislature may enact; and

WHEREAS, the Township also reserves the right to adjust its position in the event of any rulings in the Montvale case (MER-L-1778-24) or any other such action that alters the deadlines and/or requirements of the Amended FHA; and

WHEREAS, in the event that a third party challenges the calculations provided for in this Resolution, the Township reserves the right to take such position as it deems appropriate in response thereto, including that its Fourth Round Present or Prospective Need Obligations should be lower than described herein; and

WHEREAS, in light of the above, the Township Committee finds that it is in the best interest of the Township to declare its commitment to the obligations reported by the DCA on October 18, 2024 subject to the reservations set forth herein; and

WHEREAS, in addition to the above, the Acting Administrative Director of the Courts issued Directive #14-24, dated December 13, 2024, and made the directive available later in the week that followed; and

WHEREAS, pursuant to Directive #14-24, a municipality seeking a certification of compliance with the FHA shall file an action in the form of a declaratory judgment complaint . . . . in the county in which the municipality is located . . . . within 48 hours after adoption of the municipal resolution of fair share obligations, or by February 3, 2025, whichever is sooner”; and

WHEREAS, the Township seeks a certification of compliance with the FHA and, therefore, directs its Affordable Housing Counsel/Township Attorney to file a declaratory relief action within 48 hours of the adoption of the within resolution in Burlington County.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of North Hanover, County of Burlington, State of New Jersey, on this 29th day of January 2025, as follows:

1. All of the above Whereas Clauses are incorporated into the operative clauses of this resolution.

2. The Township of North Hanover hereby commits to the DCA Fourth Round Present Need Obligation of 37 units and the Fourth Round Prospective Need Obligation of 28 units described in this resolution subject to all reservations of rights set forth above

3. The Township hereby directs its Affordable Housing Counsel/Township Attorney to file a declaratory judgment complaint in Burlington County within 48 hours after adoption of the within resolution and to attach a copy of the within resolution to the declaratory judgment complaint.

4. The Township Committee hereby directs the Clerk to submit a copy of the within resolution to the DCA via email to lpsmail@dca.nj.gov and to mail a hard copy by certified mail to the DCA Office of Local Planning Services at PO Box 800, Trenton, NJ 08625-0800.

5. This resolution shall take effect immediately, according to law.

PUBLIC PARTICIPATION

Questions, comments or statements from members of the public in attendance.

Mayor DeBaecke opened the meeting to the public. There were no public comments this evening.

MOTION TO CLOSE PUBLIC COMMENT

Proposed By: Mayor DeBaecke

Seconded By: Deputy Mayor Doyle

MOTION TO ADJOURN 6:08 pm

Proposed By: Committeeman Forsyth

Seconded By: Deputy Mayor Doyle

Respectively submitted,

_______________________

Mary Picariello, RMC/CMR/CTC

Township Clerk