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Housing Element and Fair Share Plan Adopted by the Borough Planning Board on May 11, 2020

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Housing Element and Fair Share Plan Adopted by the Borough Planning Board on May 11, 2020 BOROUGH OF MENDHAM MORRIS COUNTY, NEW JERSEY RESOLUTION #102-2020 A RESOLUTION OF THE BOROUGH OF MENDHAM, IN THE COUNTY OF MORRIS AND STATE OF NEW JERSEY, ENDORSING THE AMENDED HOUSING ELEMENT AND FAIR SHARE PLAN ADOPTED BY THE BOROUGH PLANNING BOARD ON MAY 11, 2020. WHEREAS, the New Jersey Supreme Court issued a decision on March 10, 2015 in the case captioned 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. (2015), which transferred primary jurisdiction over affordable housing matters from the Council on Affordable Housing (“COAH”) to the trial courts; and WHEREAS, on July 2, 2015, the Borough of Mendham (“Borough”) filed a Complaint for Declaratory Judgment in the New Jersey Superior Court, Law Division, captioned In the Matter of the Application of the Borough of Mendham, Docket No. MRS-L-1637-15, seeking Declaratory Judgment and Substantive Certification for its fair share housing obligation; and WHEREAS, the Borough simultaneously sought and secured a protective order providing the Borough with immunity from builder’s remedy lawsuits, which immunity continues today; and WHEREAS, the Planning Board of the Borough of Mendham (“Planning Board”) conducted a properly noticed public hearing and adopted an updated Housing Element and Fair Share Plan (“HEFSP”) on March 14, 2016; and WHEREAS, the Borough Council endorsed the HEFSP pursuant to Resolution #52-16, which was adopted on March 21, 2016; and WHEREAS, the Borough engaged in good-faith negotiations with Fair Share Housing Center (“FSHC”) and V-Fee Realty Investments, LLC (“V-Fee Realty”), which resulted in settlement agreements dated December 26, 2019 and December 23, 2019 (collectively, “Settlement Agreements”), respectively, to resolve the Borough’s affordable housing litigation; and WHEREAS, the Settlement Agreements were authorized by Resolution #173-2019 and Resolution #174-2019, adopted by the Borough Council on November 25, 2019; and WHEREAS, a Fairness and Preliminary Compliance hearing was held in the New Jersey Superior Court, Law Division, on January 24, 2020, at which time the Settlement Agreements were approved, as memorialized by an Order on Fairness and Preliminary Compliance entered by the Court on February 3, 2020; and WHEREAS, as per the terms of the Settlement Agreements, on May 11, 2020 the Planning Board held a duly noticed public hearing on the revised HEFSP dated April 13, 2020, attached hereto as Exhibit A, and adopted said HEFSP that same day; and WHEREAS, a true copy of the Resolution of the Planning Board adopting the updated HEFSP is attached hereto as Exhibit B; and WHEREAS, the Mayor and Borough Council wish to endorse the updated HEFSP and seek approval of the HEFSP from the Court. THEREFORE, BE IT RESOLVED, by the Mayor and Borough Council of the Borough of Mendham, in the County of Morris and State of New Jersey, as follows: 1. The HEFSP attached hereto as Exhibit A, as adopted by the Planning Board on May 11, 2020, which Resolution is attached hereto as Exhibit B, is hereby endorsed. 2. The Borough professionals are hereby authorized and directed to file with the Court the HEFSP, the resolutions of the Planning Board and Mayor and Borough Council adopting and endorsing, respectively, the HEFSP, and any additional documents the professionals deem necessary or desirable. 3. The Borough professionals are hereby authorized and directed to seek Court approval of the HEFSP at a Final Compliance Hearing. 4. The Borough reserves the right to amend the HEFSP, should that be necessary. This Resolution shall take effect immediately. Dated: July 15, 2020 Housing Element and Fair Share Plan MENDHAM BOROUGH MORRIS COUNTY, NEW JERSEY May 11, 2020 Prepared by: Housing Element and Fair Share Plan Mendham Borough Morris County, New Jersey May 11, 2020 Prepared by: Jessica C. Caldwell, P.P., A.I.C.P., Land Use Board Planner License No. 5944 Table of Contents HOUSING ELEMENT ........................................................................................................................ 5 INTRODUCTION ......................................................................................................................................... 5 Community Overview ......................................................................................................................... 5 Background .......................................................................................................................................... 6 Concept of Plan ................................................................................................................................... 7 Purpose and Goals ............................................................................................................................... 8 DEMOGRAPHIC ANALYSIS ......................................................................................................................... 9 Population ............................................................................................................................................ 9 Age and Sex .......................................................................................................................................... 9 Household Size .................................................................................................................................. 11 Income................................................................................................................................................ 11 Workforce Characteristics ................................................................................................................. 12 Industry Data ..................................................................................................................................... 13 Commuting Patterns ......................................................................................................................... 14 INVENTORY OF EXISTING HOUSING STOCK ............................................................................................ 15 History ................................................................................................................................................ 15 Housing Occupancy and Tenure ..................................................................................................... 15 Structural Characteristics .................................................................................................................. 16 Housing in Need of Rehabilitation .................................................................................................. 17 Age of Housing Stock ....................................................................................................................... 17 Value of Housing Stock .................................................................................................................... 18 PROJECTION OF FUTURE HOUSING STOCK ............................................................................................. 21 LANDS AVAILABLE FOR NEW CONSTRUCTION AND REDEVELOPMENT ................................................. 21 FAIR SHARE PLAN ........................................................................................................................... 27 INTRODUCTION ....................................................................................................................................... 27 PLAN PURPOSE AND GOALS .................................................................................................................... 27 DETERMINATION OF HOUSING NEED ..................................................................................................... 27 LANDS AVAILABLE FOR NEW CONSTRUCTION AND REDEVELOPMENT ................................................. 27 New Construction ............................................................................................................................. 27 DISTRIBUTION OF OBLIGATION .............................................................................................................. 28 BONUS CREDITS ...................................................................................................................................... 28 PROPOSED MECHANISMS ....................................................................................................................... 29 Determination of Housing Need ..................................................................................................... 29 Prior Round ........................................................................................................................................ 29 Third Round ...................................................................................................................................... 30 Rehabilitation Share ................................................................................................................................ 34 Other Ordinances .................................................................................................................................... 34 SUMMARY OF THIRD ROUND FAIR SHARE PLAN .................................................................................... 35 APPENDIX A: EXISTING LAND USE MAP ................................................................................... 36 APPENDIX B: MASH UNITS ..........................................................................................................
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