In a crucial development, David Novak, planning consultant from Burgess Associates, presented a draft settlement agreement on affordable housing. The state’s new legislation mandates municipalities to formulate plans to fulfill their affordable housing requirements from 2025 to 2035. Rockaway Township’s obligation was determined to be 301 affordable units, a figure accepted by the court. This settlement is designed to protect the township from “builder’s remedy lawsuits,” which could allow developers to pursue projects if the town lacks an approved affordable housing plan.

The Fair Share Housing Center had raised an objection aimed at revoking the township’s immunity from such lawsuits. Through a dispute resolution process, involving a retired judge and a professional planner, a settlement with the Fair Share Housing Center was reached. This settlement includes the rezoning of a specific property, Block 22102, Lot 5.02, previously approved for a hotel in 2005 but never developed. Additionally, the agreement introduces changes through overlay zoning, allowing for more development flexibility while preserving existing zoning rights.

Key changes include establishing two new overlay zones. The first is for Block 22102, Lot 2, an industrial site where the overlay permits the continued operation of existing buildings alongside the potential construction of 53 units, including 11 affordable units. The second overlay is proposed for Block 110001, Lot 12.01, near the Rockaway Mall, permitting multifamily residential development while maintaining the underlying office zoning. Furthermore, an existing overlay district above the mall will see an increased density, facilitating the creation of 29 additional affordable units.

The settlement and its associated zoning changes aim to ensure compliance with state requirements while safeguarding the township against potential lawsuits. The council discussed the concept of floating density within the mall property, where development could occur on underutilized parking lots. Despite these plans, no developers had approached the council with proposals, highlighting a need for proactive engagement with potential developers.

The council also discussed the long-term implications of the mediation agreement with the Fair Share Housing Center. Concerns were raised about the durability of the agreement through 2035 and the potential for the Fair Share Housing Center to rescind the township’s immunity. Despite these concerns, the council proceeded to vote unanimously to authorize the execution of the mediation agreement, emphasizing the necessity of signing the settlement agreement before an upcoming court date.

The meeting also addressed infrastructure concerns related to new housing developments, specifically water and sewage treatment. A council member underscored the importance of taking initiative in pursuing developers for mall areas to offset the impact of housing developments in less suitable locations.

In addition to housing and zoning discussions, the council considered a resolution for a 99-year lease agreement with the owners of the Pond View development for a fire emergency services station. This lease involves a nominal fee of $1 per year. Though not immediately staffed, the firehouse is intended to address the space needs of the township’s fire and emergency services. A resident raised questions about staffing and the intended use of the facility, reflecting ongoing community concerns about emergency service operations.