03:14The focal point of the meeting was the board’s consideration of the fourth round housing element, a vital component of the master plan amendment process. The discussion was led by a representative from a planning firm who outlined the constitutional obligations of municipalities in New Jersey to provide affordable housing, as dictated by the Supreme Court’s Mount Laurel ruling. The planner emphasized that municipalities must offer realistic opportunities for affordable housing development beyond single-family homes, a necessity reinforced by amendments to the Fair Housing Act in March 2024.

06:25The planner detailed how Fair Haven’s regional obligations were calculated, noting that the borough falls within Region 4, which includes Ocean and Monmouth counties. This region has an identified need for approximately 11,000 affordable housing units, with Fair Haven’s specific obligation set at 93 units. The planner explained that these obligations were derived from factors such as household income, non-residential assessments, and the availability of developable land. The board was informed that adopting the housing element is important for compliance and to avoid potential legal challenges, particularly those related to exclusionary zoning.

29:52The discussion also touched on the implications of ongoing litigation, with the planner highlighting the importance of the board’s adoption of the housing element to protect the municipality from builders’ remedy lawsuits. Such lawsuits could arise if the borough is perceived as failing to meet its affordable housing obligations. To mitigate this risk, a declaratory judgment action has been filed, which is subject to judicial review.

26:31A noteworthy aspect of the meeting was the debate over the “adjusted number” that determines the unmet need for affordable housing. This sparked discussions about whether the adjusted number aligns with regional growth projections or actual municipal commitments. The qualifications for affordable housing were clarified, with income categories defined in detail, and charts used to illustrate rental affordability for different income brackets.

23:30The board also addressed the implementation of housing plans from previous rounds of compliance, with a focus on the vacant land adjustment mechanism used to meet obligations in the third round. Two projects were specifically mentioned: one on River, which remains unbuilt, and a Habitat for Humanity project on Place, currently under construction. These projects are recognized under the Fair Housing Act as realistic developments, influencing Fair Haven’s overall housing obligations.

Concerns were raised regarding potential changes to zoning and density, particularly on a church property, where a proposal suggested increasing density from eight to ten units per acre. This raised questions about the impact on parking and maintaining the town’s character, with some board members cautious about broader density increases due to existing community limitations.

40:40The board also reviewed the development of a spending plan linked to a housing trust fund, which is in draft form and pending finalization. The plan addresses the collection of development fees, currently amounting to approximately $1.2 million, and outlines the need for annual spending reports and midpoint reviews to ensure effective fund utilization. Alternative fund uses, such as collaborations with organizations like Habitat for Humanity, were discussed, highlighting opportunities for community improvements and infrastructure investments.

59:16Additionally, the board considered the site’s development plan referred to as the “21 fairly rule,” which involved public feedback and site stabilization discussions. Concerns about access and the creation of green spaces were explored, with suggestions for improving connectivity to the river and enhancing public space. The board acknowledged the importance of aligning proposals with the master plan and incorporating public input into their planning processes.