BOROUGH OF PALMYRA NOTICE OF MOUNT LAUREL COMPLIANCE HEARING Docket Number: BUR-L-1567-15

BOROUGH OF PALMYRA, COUNTY OF BURLINGTON
NOTICE OF MOUNT LAUREL COMPLIANCE HEARING
Docket Number: BUR-L-1567-15

2023.10.09 Compliance Hearing Notice

PLEASE TAKE NOTICE that a Compliance Hearing in the Mount Laurel Declaratory Action entitled In the Matter of the Application of the Borough of Palmyra, in the County of Burlington, bearing Docket No. BUR-L-1567-15, will be held on December 7, 2023, at 2:00 p.m. before the Honorable Jeanne T. Covert, A.J.S.C., Superior Court of New Jersey, Law Division. The hearing will be conducted virtually via Zoom. Information about how to access the hearing is available at njcourts.gov, by contacting Elizabeth Piston via email at elizabeth.piston@njcourts.gov, or by contacting the office of Kelly A. Grant, Esq. at (856)424-1808 or kgrant@malamutlaw.com at least 48 hours in advance of the hearing to determine how to participate.

The purpose of the Compliance Hearing is for the Court to determine whether the Borough of Palmyra’s 2023 Amended Housing Element and Fair Share Plan, Affirmative Marketing Plan, and implementing ordinances and resolutions (collectively, “2023 Amended Affordable Housing Plans”), adopted on September 27, 2023 by the Borough’s Land Use Board and endorsed on November 21, 2023 by the Borough Council, satisfy the Borough’s obligation to provide a realistic opportunity to satisfy the Rehabilitation, Prior Round (1987-1999) and Third Round / Gap+ Prospective Need (1999-2025) components of its “fair share” of the regional need for housing affordable to low and moderate income households pursuant to (i) the Fair Housing Act (“FHA”), N.J.S.A. 52:27D-301 et seq.; (ii) applicable substantive regulations of the New Jersey Council on Affordable Housing (“COAH”); (iii) the Amended Settlement Agreement entered into between Fair Share Housing Center (“FSHC”) and the Borough of Palmyra, approved by the Court at a duly noticed Fairness Hearing on June 22, 2023, and memorialized by an approval order entered by the Court on June 22, 2023; and (iv) other applicable laws. If the Court determines that the Borough has satisfied its obligation to provide a realistic opportunity to satisfy its Rehabilitation, Prior Round, and Third Round/Gap + Prospective Need components of its “fair share,” it will enter a Final Judgment of Compliance and Repose, which will grant the Borough of Palmyra protection from all Mount Laurel lawsuits through July 1, 2025.

To facilitate this procedure, the Borough has presented to the Court, and placed on file with the Borough Clerk, a copy of the 2023 Amended Affordable Housing Plans. These documents are available for public inspection at the Municipal Building located at 20 West Broad Street, Palmyra, New Jersey 08065 during normal business hours.

The 2023 Amended Affordable Housing Plans on file in the Municipal Building describe how the Borough will address its “fair share” of the regional need for low- and moderate-income housing as established by the Court-approved Amended Settlement Agreement between the Borough of Palmyra and FSHC dated May 16, 2023 (the “Amended Settlement Agreement”). The Borough previously prepared a revised 2023 Spending Plan, dated June 9, 2023, and adopted by the Borough on June 20, 2023, per resolution No. 159, which was approved by the Court as set forth in the order entered on June 22, 2023.

The various elements of the 2023 Amended Affordable Housing Plans and Amended Settlement Agreement can be summarized as follows:

1. The Borough has the following current Fair Share obligations:
a. Third Round Rehabilitation Share – 4 units.
b. Prior Round (1987-1999) (pursuant to N.J.A.C. 5:93) – 39 units.
c. Third Round (1999-2025) Gap and Prospective Need – 116 units.

2. The Borough has:
a. Amended the redevelopment agreement with PURE, to comply with the terms of the Amended Settlement Agreement; and
b. Amended the Housing Element and Fair Share Plan to comply with the terms of the Amended Settlement agreement; and
c. Adopted a Spending Plan in conformance with N.J.A.C. 5:93-8 and the terms of the Amended Settlement Agreement and submitted the Spending Plan to the Court, Special Master and FSHC for review. The Spending Plan was approved by the Court per the June 22, 2023, Order.

All interested parties are hereby given an opportunity to appear and be heard at the Final Compliance Hearing. Any interested party, including any low- or moderate-income person residing in the housing region, any organization representing the interests of low- and moderate-income persons, any owner of property in the Borough of Palmyra, or any organization representing the interests of owners of property in the Borough may file comments on, or objections to, the Borough’s 2023 Amended Affordable Housing Plans.

Objections or comments by any interested party must be submitted in writing on or before November 22, 2023 @ 12:00 PM to the Honorable Jeanne T. Covert, A.J.S.C. at 49 Rancocas Road, 7th Floor, Mount Holly, New Jersey 08060, with copies of all papers being forwarded by mail or e-mail to:

Mary Beth Lonergan, PP, AICP, Court Master
Clarke Caton Hintz
100 Barrack Street
Trenton, New Jersey 08608
mblonergan@cchnj.com

Ted Rosenberg, Esq.
Rosenberg Legal
321 New Albany Rd.
Moorestown, NJ 08057
tedmrosenberg@gmail.com

Kelly A. Grant, Esq.
Malamut and Associates, LLC
457 Haddonfield Road, Suite 500
Cherry Hill, New Jersey 08002
kgrant@malamutlaw.com

Ashley J. Lee, Esq.
Fair Share Housing Center
510 Park Boulevard
Cherry Hill, NJ 08002-3318
ashleylee@fairsharehousing.org

CherylLynn Walters, Esq.
Nehmad, Davis, & Goldstein, PC
4030 Ocean Heights Avenue
Egg Harbor Township, NJ 08234
cwalters@ndglegal.com

Esmé Devenney, Esq.
Fair Share Housing Center
Park Boulevard
Cherry Hill, NJ 08002-3318
esmedevenney@fairsharehousing.org

This Notice is intended (1) to inform all interested parties of the existence of the 2023 Amended Affordable Housing Plans adopted and endorsed by the Borough and its Land Use Board, and of documents on file that explain the specific manner in which the Borough proposes to address its
“fair share” of affordable housing; and (2) to explain the consequences of court approval of the Borough’s 2023 Amended Affordable Housing Plans; namely, immunity from any Mount Laurel lawsuits through July 1, 2025. This Notice does not indicate any view by the Court, the Special Master, the Borough or FSHC as to whether the Court will approve the manner in which the Borough proposes to satisfy its fair share.