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NOTICE OF MOUNT LAUREL COMPLIANCE HEARING ON THE HOUSING ELEMENT AND FAIR SHARE PLAN OF THE BOROUGH OF ROSELAND, COUNTY OF ESSEX

Posted on: October 5, 2020 - 3:40pm
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Docket Number: ESX-L-4636-15

PLEASE TAKE NOTICE that, on November 5, 2020, beginning at 1:30 p.m. the Honorable Robert H. Gardner, J.S.C. will conduct a “Compliance Hearing” in the In The Matter of the Application of the Borough of Roseland in Essex County, bearing Docket No. ESX-L-4636-15 (“the Action”) at the Essex County Superior Courthouse located at 470 Martin Luther King Jr. Blvd., 4th Floor, Newark, New Jersey 07102.

Please note that due to the ongoing COVID-19 emergency, the Compliance Hearing may not be held in person at the Essex County Courthouse if the Courthouse is still closed at that time. Information about courtroom closings are available at njcourts.gov. If the Courthouse is closed on the date of the Compliance Hearing, it will be conducted virtually. Any person who wishes to remotely participate in the Compliance Hearing should check njcourts.gov. for updated information and contact the Court directly at (973) 776-9619. In addition, such a person may also contact the Borough Clerk at (973) 226-8080 or the office of Erik C. Nolan, Esq. at 732-612-3100. For the convenience of the public and since a virtual link and/or a phone number to participate in the Compliance Hearing is not currently available from the Court, said virtual link and/or phone number will be posted on the Borough’s website (www.roselandnj.org) as soon as it is made available by the Court prior to the Compliance Hearing.

The purpose of the Compliance Hearing is for the Court to determine whether the Housing Element and Fair Share Plan (hereinafter “Affordable Housing Plan”) of the Borough of Roseland satisfies the Borough’s obligation to provide a realistic opportunity for satisfaction of its “fair share” of the regional need for housing affordable to low- and moderate-income households, which includes the Borough’s Rehabilitation, Prior Round, and Round 3 obligations. The fair share has been established based upon the Fair Housing Act (“FHA”), N.J.S.A. 52:27D-301 et seq., and other applicable laws, and is memorialized in the Settlement Agreement entered into between Fair Share Housing Center (“FSHC”) and the Borough of Roseland, approved by the Court at a properly-noticed Fairness Hearing held on February 13, 2020, and memorialized by an approval order entered by the Court on February 26, 2020. If the Court determines that the Borough has satisfied its obligation to provide a realistic opportunity to satisfy its “fair share,” it will enter a Final Round 3 Judgment of Compliance and Repose, which among other things, will provide Roseland legal protection (repose) from all Mount Laurel exclusionary zoning lawsuits through July 2, 2025.

The Borough has presented to the Court, and placed on file with the Borough Clerk, a copy of the Affordable Housing Plan, along with various other related documents, which includes crediting information. These documents are available for public inspection at the office of the Borough Clerk located at 140 Eagle Rock Ave, Roseland, NJ 07068 during normal business hours. Given the COVID-19 crisis and the Borough’s current operating schedule, you may contact the Borough Clerk at (973) 226-8080, during normal business hours, to request a copy of the documents be sent to you. In addition, you may contact Erik C. Nolan, Esq. to request a copy of these documents be sent to you; his contact information is listed below.

The Borough’s Affordable Housing Plan can be summarized as follows:

  1. The Borough’s Rehabilitation Obligation is zero (0).
  2. The Borough’s Prior Round Obligation (1987-1999) is 182.
  3. The Borough’s Round 3 Obligation (1999-2025) is 322.
  4. The Borough will address its Prior Round Obligation of 182 as follows:
    1. 8 affordable senior units from the constructed and occupied Arbor Terrace Roseland Senior Assisted Living Facility, located on 345 Eagle Rock Avenue (Block 30.1, Lot 15.01).
    2. 33 affordable rental credits from a Regional Contribution Agreement (“RCA”) between the Borough of Roseland and the City of Newark.
    3. 33 affordable for-sale credits from a Regional Contribution Agreement (“RCA”) between the Borough of Roseland and the City of Newark.
    4. 14 affordable for-sale credits from an RCA between the Borough of Roseland and the Township of Irvington.
    5. 5 affordable bedroom credits from the constructed and occupied ARC of Essex County group home located at 32 Green Avenue (Block 11, Lot 9).
    6. 22 affordable senior for-sale units from the constructed and occupied Roseland Glen project, which is located on Eagle Rock Avenue (Block 30, Lot 18 & 21)
    7. 18 affordable family for-sale units from the constructed and occupied Eagle Rock project, which is located on Kent Drive (Block 12, Lot 15-32).
    8. 15 affordable family for-sale units from the constructed and occupied Roseland Green project, which is located on Harrison Avenue (Block 12, Lot 23)
    9. 8 affordable family rental units from the approved Mack Cali 300-unit project, which is located on 6 Becker Farm Road (Block 30, Lot 2).
    10. 16 rental bonus credits.
  5. The Borough will address its Round 3 Obligation of 322 as follows:
    1. 13 extended controls for affordable senior for-sale units from the Roseland Glen project.
    2. 15 extended controls for affordable family for-sale units from the Eagle Rock project.
    3. 27 affordable family for-sale units from the constructed and occupied Roseland Green project, which is located on Harrison Avenue (Block 12, Lot 23).
    4. 42 affordable family rental units from the approved Mack Cali 300-unit project, which is located on 6 Becker Farm Road (Block 30, Lot 2).
    5. 28 affordable family rental units from the proposed Mack Cali 140-unit project, which is located on 85 Livingston Avenue (Block 30.1, Lot 14)
    6. 42 affordable family rental units from the proposed Mack Cali 260-unit project, which is located on 65 Livingston Avenue (Block 30, Lot 1).
    7. 32 affordable family rental units from the proposed 211-unit K&K Project, which is located on 146 Harrison Avenue (Block 12, Lots 24.03 and 24.05).
    8. 12 affordable senior rental units from the proposed 65-unit Bobst Project, which is located on 146 Harrison Avenue (Block 12, Lots 24.03 and 24.05).
    9. 30 senior affordable rental units from the proposed 138-unit JMF project, which is located on 117 Harrison Avenue (Block 21, Lots 22 and 22.01).
    10. 81 rental bonus credits.
  6. Additional compliance mechanisms:
    1. B-1 Business District Overlay Zone.
    2. Mandatory Set-Aside Ordinance.

Any interested party may file written comments on, or objections to, the Borough’s Affordable Housing Plan. Objections must provide: (a) a clear and complete statement as to each aspect of the Borough Affordable Housing Plan contested by the objector; (b) an explanation of the basis for each objection; and (c) copies of all such expert reports, studies, or other data relied upon by the objector, along with a list of witnesses the Objector intends to call during the Compliance Hearing. In order for an objector witness to testify during the Compliance Hearing, an accompanying written expert report must be filed with all interested parties by the deadline below.

Such comments or objections, together with copies of any supporting affidavits, expert reports, or other documents, must be filed in writing, on or before October 26 2020 at 4:00 p.m. with the Honorable Robert H. Gardner, J.S.C. at the Essex County Superior Courthouse located at 470 Martin Luther King Jr. Blvd., 4th Floor, Newark, New Jersey 07102, with copies of all papers being forwarded by mail or e-mail to:

  • Elizabeth McManus, PP, AICP, LEED AP Kyle & McManus Associates 2 East Broad Street, Second Floor Hopewell, NJ 08525 bmcmanus@kylemcmanus.com
  • Maureen Chumacas, Administrator Borough of Roseland 140 Eagle Rock Ave. Roseland, NJ 07068 mchumacas@roselandnj.org
  • Erik C. Nolan, Esq. Surenian, Edwards & Nolan, LLC 707 Union Avenue, Suite 301 Brielle, NJ 08730, en@surenian.com
  • Joshua Bauers, Esq. Fair Share Housing Center 510 Park Boulevard Cherry Hill, NJ 08002 kevinwalsh@fairsharehousing.org
  • Derek W. Orth, Esq. Inglesino, Webster, Wyciskala & Taylor, LLC 600 Parsippany Road, Suite 204 Parsippany, New Jersey 07054, dorth@iwt-law.com

This Notice is intended (a) to inform all interested parties of the existence of an Affordable Housing Plan adopted by the Roseland Planning Board and endorsed by the Borough, and of documents on file that explain the specific manner in which the Borough proposes to address its “fair share” of affordable housing; and (b) to explain the consequences of court approval of the Borough’s Affordable Housing Plan; namely, immunity from any Mount Laurel lawsuits through July 2, 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.