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Ordinances and Resolutions

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Ordinances and Resolutions BOROUGH OF HIGH BRIDGE COUNTY OF HUNTERDON STATE OF NEW JERSEY APPOINTING ADMINISTRATIVE AGENTS TO ADDRESS THE BOROUGH OF HIGH BRIDGE AFFORDABLE HOUSING OBLIGATIONS RESOLUTION: 154-2018 ADOPTED: 05/24/2018 WHEREAS, the Borough of High Bridge petitioned the Superior Court of New Jersey for a Declaratory Judgment to determine that the Borough’s proposed Housing Element and Fair Share Plan is compliant with its constitutional obligation to provide its fair share of the regional need for very-low, low, and moderate income housing; and WHEREAS, the Borough's proposed 2018 Housing Element and Fair Share Plan (“Plan”) will result in the creation of housing units affordable to and intended for occupancy solely by qualified very-low, low, and moderate income households; and WHEREAS, the Borough’s Plan has a rehabilitation component and third round component and the Borough requires the assistance of an Administrative Agent for the Borough’s rehabilitation program and third round program; and WHEREAS, the Borough has received proposals from Community Grants, Planning and Housing (“CGP&H”), Triad Associates (“Triad”) and Community Action Services (“CAS”) for such administrative services; and WHEREAS, the Borough Council of the Borough of High Bridge has reviewed the proposals and has determined to retain and designate CAS as its Administrative Agent for its rehabilitation program and CGP&H its Administrative Agent for all other components of the Housing Element and Fair Share Plan; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of High Bridge, County of Hunterdon, State of New Jersey, that 1. The Borough hereby approves the retention of Community Action Services, P.O. Box 6025, East Brunswick, New Jersey 08816 as its Administrative Agent for the Borough’s rehabilitation program in accordance with the terms of CAS’s April 2018 proposal for Housing Rehabilitation Program Administrative Agent Services, at a cost not to exceed $4,750 for preparation of the Housing Rehabilitation Manual and $3,300 per completed unit for Housing Rehabilitation Program Management, as set forth in the proposal. 2. The Borough hereby approves the retention of Community Grants, Planning and Housing, 101 Interchange Plaza, Suite 301, Cranbury, New Jersey 08512 as its Administrative Agent for all other administrative services set forth in the Borough’s Housing Element and Fair Share Plan, including but not limited to the Borough’s 5118581.1 operating manual and affirmative marketing plan, in accordance with the terms of the April 16, 2018 proposal submitted by CPG&H for Affordable Housing Administrative Agent and Housing Rehabilitation Administration, at a cost to the Borough not to exceed $1,500 per year for the project setup fee, not to exceed $1,000 per year for general administrative services and reimbursement of expenses not to exceed $350, as set forth in the proposal; and 3. That the Mayor and the Acting Clerk are authorized to execute Agreements with CAS and CGP&H on behalf of the Borough of High Bridge. 4. This Resolution shall take effect immediately. ATTEST: Adam Young Mark Desire Acting Municipal Clerk Mayor CERTIFICATION I, Adam Young, Acting Borough Clerk of the Borough of High Bridge, hereby certify that this resolution was duly adopted by the Borough of High Bridge Council at a meeting duly held on the 24th day of May, 2018; that this resolution has not been amended or repealed; and that it remains in full force and effect as of the date I have subscribed my signature. _ ________ Adam Young, Acting Borough Clerk 2 5118581.1 BOROUGH OF HIGH BRIDGE COUNTY OF HUNTERDON STATE OF NEW JERSEY ENDORSING HOUSING ELEMENT AND FAIR SHARE PLAN RESOLUTION: 176-2018 ADOPTED: 06/28/2018 WHEREAS, on March 10, 2015, the New Jersey Supreme Court issued its decision in In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing, 221 N.J. 1 (2015) (“Mount Laurel IV”). In that decision, the New Jersey Supreme Court transferred primary jurisdiction over affordable housing matters from the New Jersey Council on Affordable Housing (“COAH”) to the New Jersey Superior Court and established a transitional process for municipalities like the Borough of High Bridge to file declaratory judgment actions seeking to declare their Housing Element and Fair Share Plans to be constitutionally compliant and seeking similar protections to what they would have received if they had continued to proceed before COAH; and WHEREAS, on July 7, 2015, in accordance with Mount Laurel IV, the Borough filed a declaratory judgment action captioned In re Borough of High Bridge Determination of Compliance with Affordable Housing Obligations, Docket Number HNT-L-310-15, in which it seeks a determination from the court that its proposed fair share plan complies with its Mt. Laurel obligation and a judgment of compliance and repose on the basis thereof; and WHEREAS, the Borough executed a Settlement Agreement with Fair Share Housing Center (FSHC) on December 15, 2017 that identified the Borough’s affordable housing obligation and a preliminary indication of how the Borough would satisfy the affordable housing obligation; and WHEREAS, the Settlement Agreement was subject to a Fairness Hearing on February 13, 2018 during which the Court considered whether the Settlement Agreement was fair to the interests of low and moderate income households; and WHEREAS, the Court’s review and approval of the Settlement Agreement is reflected in an Order Approving Settlement Agreement signed by the Honorable Thomas C. Miller, P.J. Civ. and filed on February 13, 2018; and WHEREAS, said Order requires the Borough to submit an adopted housing element and fair share plan that is consistent with the Settlement Agreement to the Court; and WHEREAS, the Borough Planning Board adopted the Housing Element and Fair Share Plan at its meeting on June 25, 2018. 5164018.1 NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the Borough of High Bridge, Hunterdon County, State of New Jersey, hereby endorses the Housing Element and Fair Share Plan as adopted by the Borough of High Bridge Planning Board; and BE IT FURTHER RESOLVED that the Mayor and Council of the Borough of High Bridge, pursuant to the provisions of N.J.S.A. 52:27D-301 et seq. and N.J.A.C. 5:93-1 et seq., submits this Housing Element and Fair Share Plan to the Superior Court of New Jersey in a request for a Judgment of Compliance and Repose. This Resolution shall take effect immediately. ATTEST: Adam Young Mark Desire Acting Municipal Clerk Mayor CERTIFICATION I, Adam Young, Acting Borough Clerk of the Borough of High Bridge, hereby certify that this resolution was duly adopted by the Borough of High Bridge Council at a meeting duly held on the 28th day of June, 2018; that this resolution has not been amended or repealed; and that it remains in full force and effect as of the date I have subscribed my signature. Adam Young, Acting Borough Clerk 2 5164018.1 BOROUGH OF HIGH BRIDGE COUNTY OF HUNTERDON STATE OF NEW JERSEY APPROVING SPENDING PLAN AND CONFIRMING INTENT TO FUND SPENDING PLAN SHORTFALL TO EFFECTUATE CERTAIN AFFORDABLE HOUSING MECHANISMS IN THE BOROUGH’S HOUSING ELEMENT AND FAIR SHARE PLAN RESOLUTION: 177-2018 ADOPTED: 06/28/2018 WHEREAS, the Borough voluntarily brought a timely declaratory judgment action pursuant to the procedures set forth by the Supreme Court in In Re Adoption of N.J.A.C. 5:96, 221 N.J. 1 (201) (“Mt. Laurel IV”) seeking approval of a Housing Element and Fair Share Plan that satisfied the Borough’s obligation to provide for its fair share of the regional need of low and moderate income housing; and WHEREAS, after a Fairness Hearing held on February 13, 2018, by Order dated February 13, 2018, Honorable Thomas C. Miller approved a settlement agreement between the Borough of High Bridge and Fair Share Housing Center that establish the Borough’s affordable housing obligations; and WHEREAS, in accordance with the February 13, 2018 Order, the High Bridge Planning Board has adopted a Housing Element and Fair Share Plan on June 25, 2018 pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1, et seq., which addresses the requirements of N.J.A.C. 5:93-1, et seq., as amended and supplemented, N.J.A.C.5:80-26.1, et seq. as amended and supplemented, and the New Jersey Fair Housing Act of 1985; and WHEREAS, the Housing Element and Fair Share Plan includes an Affordable Housing Trust Fund Spending Plan; and WHEREAS, the Housing Element and Fair Share Plan provides for a municipally- sponsored Rehabilitation Program, in addition to other developer-funded mechanisms; and WHEREAS, the Borough has adopted a Development Fee Ordinance in order to generate revenue for the Borough’s Affordable Housing Trust Fund; and WHEREAS, the Borough of High Bridge anticipates that monies collected and deposited in the Affordable Housing Trust Fund, along with other permitted funding sources, will be sufficient to effectuate the above-referenced mechanism; and WHEREAS, the Borough of High Bridge is committed to securing judicial approval of its Housing Element and Fair Share Plan; and WHEREAS, the Borough of High Bridge acknowledges the COAH rules and regulations that provide that, although utilization of a mandatory development fee ordinance is an appropriate mechanism to raise money for the purpose of off-setting the expenses incurred in connection with the Housing Element and Fair Share Plan, there must be an alternative funding source in the event that insufficient monies are derived from the mandatory development fee ordinance or other resources, or the funds are not received in a timely fashion, for the purpose of effectuating the municipally-sponsored Rehabilitation Program; and WHEREAS, the Borough of High Bridge wishes to express its commitment to cover such funding shortfalls and to fully implement the mechanisms set forth in its Housing Element and Fair Share Plan through appropriations, bonding or other lawful means.
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