The meeting also featured a comprehensive presentation on affordable housing by Steve Warner, the planning board attorney, along with municipal planner Paul Phillips and Elizabeth Leey. Warner provided an overview of the historical and legal framework of affordable housing in New Jersey, emphasizing the Mount Laurel Doctrine established by the state’s Supreme Court in 1975. This doctrine mandates that municipalities cannot implement exclusionary zoning practices that prevent low-income families from accessing housing. The discussion included the definition of affordable housing, income limits for qualification, and the various compliance strategies municipalities could adopt.

Warner highlighted the financial implications of affordable housing, including the potential high costs of even “affordable” units. For example, one-bedroom rents might exceed $1,000 monthly, and sale prices for one-bedroom townhouses could surpass $150,000. He explained the legal evolution following the Mount Laurel decisions, noting the creation of the Fair Housing Act in 1985 and the Council on Affordable Housing (COA) to oversee compliance. The importance of avoiding “builder’s remedy” lawsuits, where developers bypass local zoning due to municipal non-compliance, was underscored as crucial for maintaining local control over development.

The township’s historical compliance with affordable housing obligations was reviewed, revealing that Morris Township had successfully met its obligations through the first three rounds of the Mount Laurel Doctrine over the past decades. However, the third round introduced more extensive requirements, resulting in ongoing litigation for compliance. The complexities of this litigation were highlighted, particularly in relation to the Red Bulls.

In addition to the settlement, the meeting addressed new legislation signed into law in March concerning the fourth round of affordable housing obligations. This legislation aims to streamline the process by incorporating administrative and judicial elements. The New Jersey Department of Community Affairs (DCA) is responsible for providing initial guidance numbers for each municipality based on a methodology derived from a court case involving Princeton and West Windsor. The new legislation eliminates the COA and introduces a dispute resolution program through the courts, with judges likely being former Mount Laurel judges. Municipalities must adopt a binding resolution regarding their fair share number by January 31 of the coming year based on DCA’s published numbers, or risk losing immunity from exclusionary zoning lawsuits.

The discussion also delved into the methodology used by the DCA to derive housing obligations, which involves census data, tax assessment data, and three capacity allocation factors: income capacity, non-residential valuation factor, and developable land. The township must demonstrate the number of units it can realistically accommodate, referred to as the realistic development potential (RDP). The RDP is calculated based on developable land and density allowances, typically requiring a minimum of six dwelling units per acre.

Further details were provided about compliance strategies such as inclusionary zoning, whereby private developers include a percentage of affordable units in market-rate developments. This mechanism reduces the municipal burden. Other strategies include 100% affordable housing developments, group homes for special needs, transitional housing, and accessory apartments with deed restrictions.

Concerns about the integration of multifamily units within single-family zoning areas were raised by residents. One resident questioned the fiscal implications of affordable housing units, specifically whether tax revenue would cover municipal service costs. The council confirmed that each unit contributes to overall property tax revenue, supporting municipal services. However, the exact impact on service costs was not quantified.