Resolution No. 39-25
Date: January 23, 2025

Resolution No. 39-25 (PDF)
Exhibit A - 4th Round Affordable Housing Number Assessment with Appendix (PDF)

Resolution of the Township of Randolph, County of Morris, State of New Jersey Committing to Round 4 Present and Prospective Need Affordable Housing Obligations

WHEREAS, the Township of Randolph, County of Morris, State of New Jersey, (hereinafter, “Randolph”) demonstrated history of voluntary compliance with its constitutional affordable housing obligations; and  

WHEREAS, on March 20, 2024, Governor Phil Murphy signed into law P.L. 2024, c.2, an Amendment to the 1985 Fair Housing Act (hereinafter “Amended FHA” or “Act”); and 

WHEREAS, the Amended FHA requires the Department of Community Affairs (“DCA”) to provide an estimate of the fair share affordable housing obligations of all municipalities on or before October 20, 2024 based upon the criteria on the Amended FHA; and 

WHEREAS, the DCA issued a report on October 18, 2024 (“DCA Report”) wherein it reported its estimate of the fair share affordable housing obligation for all municipalities based upon its interpretation of the standards in the Act; and  

WHEREAS, the DCA Report calculates Randolph’s Round 4 (2025-2035) fair share affordable housing obligations as follows: a Present Need (Rehabilitation) Obligation of 84 and a Prospective Need (New Construction) Obligation of 355; and 

WHEREAS, the Amended FHA provides that the DCA Report is non-binding, thereby inviting municipalities to demonstrate that the Amended FHA would support revised calculations of Round 4 fair share affordable housing obligations; and 

WHEREAS, the Amended FHA gives municipalities the opportunity to propose a different fair share affordable housing obligation from those reported by the DCA on October 18, 2024 based upon the standards in Sections 6 and 7 of the Act; and 

WHEREAS, the Amended FHA further provides that “[a]ll parties shall be entitled to rely upon regulations on municipal credits, adjustments, and compliance mechanisms adopted by the Council on Affordable Housing (“COAH”) unless those regulations are contradicted by statute, including the Act, or binding court decisions” (N.J.S.A 52:27D-311 (m)); and 

WHEREAS, COAH regulations authorize municipalities to secure an adjustment to their rehabilitation obligation through a Structural Conditions Survey (hereinafter, “windshield survey”) and also empower municipalities to secure vacant land adjustments, durational adjustments and other adjustments; and 

WHEREAS, Randolph has exercised its right to take advantage of that opportunity to propose a different rehabilitation obligation than that reported by the DCA by conducting a windshield survey; and 

WHEREAS, based upon the windshield survey (attached as Appendix D to Exhibit A which is attached hereto), Randolph has established that its rehabilitation obligation is ten (10); and  

WHEREAS, Randolph has exercised its right to demonstrate that the data, when correctly applied, supports a lower Round 4 Prospective Need obligation than that reported by the DCA on October 18, 2024; and 

WHEREAS, more specifically, Randolph maintains that its Round 4 prospective need number is 313 based upon its examination of the data used to calculate each of the three (3) allocation factors; and 

WHEREAS, as to the Equalized Nonresidential Allocation Factor, Randolph has examined the data the DCA used to establish this factor and concluded that DCA has accurately calculated this Factor; and 

WHEREAS, as to the Income Capacity Allocation Factor, Randolph has examined the data the DCA used to establish this factor and concluded that_DCA has accurately calculated this Factor; and 

WHEREAS, as to the Land Capacity Allocation Factor, Randolph notes that the DCA belatedly provided the data it used to establish this factor, i.e., on or about November 27, 2024 instead of by October 20, 2024; and 

WHEREAS, Randolph further notes that the link to the DCA GIS data that the DCA belatedly made available to municipalities includes the following language: 

"The land areas identified in this dataset are based on an the best available data using publicly available data enumerated in N.J.S.A. 52:27D-304.3c.(4) to estimate the area of developable land, within municipal and regional boundaries, that may accommodate development. It is important to note that the identified areas could be over or under inclusive depending on various conditions and that municipalities are permitted to provide more detailed mappings as part of their participation in the Affordable Housing Dispute Resolution Program." (emphasis added); and 

WHEREAS, Randolph maintains that the areas the DCA identified as developable are indeed overinclusive and, consequently, its Professional Planner has prepared a report, attached hereto as Exhibit A, showing the lands that Randolph contends should be removed from the inventory of sites used to fashion the Land Capacity Allocation Factor; and 

WHEREAS, it is therefore important that Randolph not commit to an incorrect obligation; and  

WHEREAS, correcting the allocation factors results in Randolph’s Round 4 Prospective Need Obligation being 313_rather than the obligation established by DCA; and 

WHEREAS, the Amended FHA provides that: “the municipality’s determination of its fair share obligation shall have a presumption of validity, if established in accordance with sections 6 and 7” of the Act; and 

WHEREAS, Randolph’s calculation of need is entitled to a “presumption of validity” because it complies with Sections 6 and 7 of the Act; and 

WHEREAS, in addition to setting forth its Round 4 fair share affordable housing obligations for the reasons summarized above, substantial activity has occurred and is ongoing that warrants the reservation of certain rights to avoid any claim that it has waived them; and  

WHEREAS, for example, the New Jersey Institute of Local Government Attorneys (NJILGA) has expressed its support for proposed legislation (hereinafter “NJILGA Legislation”) would reduce Randolph’s Round 4 Prospective Need to 61 and would give Randolph “90 days from receipt of revised fair share obligations from the [DCA] to provide amended Housing Element and Fair Share Plans addressing the new number); and 

WHEREAS, Randolph supports the NJILGA Legislation and would have the right to reduce its Round 4 obligation in the event that the Legislature enacts the NJILGA Legislation; and 

WHEREAS, similarly, a number of municipalities, led by the Borough of Montvale, have filed suit (MER-L-1778-24) (hereinafter “Montvale Litigation”) ”) challenging the validity of the Act and other aspects deriving from the Act, including, without limitation, Directive #14-24 issued by the Acting Director of the Administrative Office of the Courts (hereinafter, respectively, “Director” and “AOC”) as further referenced below; ; and 

WHEREAS, the process established by the Amended FHA creates an opportunity to object by interested parties opposing the obligations to which a municipality commits, thereby creating the potential for litigation over the obligations of the municipality; and 

WHEREAS, Randolph is entitled to a vacant land adjustment in Round 4 that will be included in the HEFSP it submits by the June 30, 2025 deadline; and 

WHEREAS, the Amended FHA requires municipalities to adopt a binding resolution no later than January 31, 2025 as to its obligations; and 

WHEREAS, in light of the above, Randolph finds that it is in its best interest to declare its obligations in accordance with this binding resolution in accordance with the Act; and 

WHEREAS, in addition to the above, the Director issued Directive #14-24, dated December 13, 2024, and made the Directive available later in the week that followed; and 

WHEREAS, pursuant to Directive #14-24, a municipality seeking compliance certification with the Act shall file an action in the form of a declaratory judgment complaint within 48 hours after adoption of the municipal resolution of fair share obligations, or by February 3, 2025, whichever is sooner; and 

WHEREAS, Randolph seeks a compliance certification with the Act and, therefore, directs the Township Attorney to file a declaratory relief action within 48 hours of the adoption of this resolution.  

NOW, THEREFORE, BE IT RESOLVED on this 23rd day of January, 2025 by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey, as follows: 

1.The preamble of this resolution is incorporated into the operative clauses of this resolution as if set forth in full.  

2.For the reasons set forth in this resolution and its attachments, Randolph commits to a Round 4 Present Need (Rehabilitation) Obligation of ten (10) and a Round 4 Prospective Need (New Construction) obligation of 313, as set forth in the Exhibit to this Resolution, subject to all reservations of all rights, which specifically include, without limitation, the following:  

1. The right to a vacant land adjustment, durational adjustments, and all other applicable adjustments permitted in accordance with the Act and COAH regulations;

2. The right to comply with the NJILGA Legislation if enacted, including the right to adjust its fair share obligations;

3. The right to adjust its fair share obligation in the event of any future legislation that adjusts the fair share obligations that the DCA reported on October 18, 2024;

4. The right to adjust its fair share obligations based upon any ruling in the Montvale Litigation or other litigation; and 

5. The right to adjust its fair share obligations in the event of a third-party challenge to the fair share obligations and Randolph’s response thereto. 

3.Randolph hereby directs the Township Attorney to file a declaratory judgment complaint in the appropriate venue within 48 hours after adoption of this resolution attaching this resolution.  

4.Randolph hereby authorizes the Township Attorney to file this resolution with the Program or any other such entity as may be determined to be appropriate. 

5.This resolution shall take effect immediately, according to law.  

CERTIFICATION 

I, Donna Luciani, Township Clerk of the Township of Randolph, Morris County, New Jersey, hereby certify the above to be a true copy of the resolution adopted by the Randolph Township Council at a regular meeting held on January 23, 2025.

Donna Luciani, Township Clerk 

June 5, 2023

Dear Residents,

Please be advised of the following affordable housing update:

On March 30, 2023, a Judgment of Compliance and Repose was entered by the Superior Court of New Jersey followed by a confirming letter of compliance on May 30, 2023. This judgement approves the township’s Housing Element and Fair Share Plan (HEFSP), subject to several modifications, and grants the township immunity from all affordable housing lawsuits through July 1, 2025. This concludes a process that began with the township filing an action in Morris County Superior Court on July 2, 2015.

The HEFSP features a combination of approaches for providing the affordable housing units. This includes increased density provisions for existing zones and inclusionary zoning. Inclusionary zoning means rezoning property(s) to provide for an inclusionary set-aside (15%-20% of the total number of units in housing development) for affordable units. For example, a 15% set-aside on a 100-unit development, would yield 15 affordable units and 85 market units.

As of June 2, 2023, a few projects are currently under construction. These include the Gateways and Crossings at Bennett Avenue (Habitat for Humanity). Several other projects have received site plan approval from the planning board. These include The Village Square (Toll Brothers), Canoe Brook, Sussex Ridge and Liberty Village. No applications have been submitted for the other sites identified in the housing plan. For additional details, please view the Proposed Affordable Housing Project Map (PDF).

Randolph Township is required to reserve water supply for these inclusionary developments and cannot issue any water permit applications that would reduce the availability of this reserved water. The township will monitor water consumption as these inclusionary projects are completed to determine future water capacity.

If you have any further questions, you can reach our planning and zoning division at 973-989-7080 or email the Planning Department.

We will post additional informational updates as we receive them.

Regards,

Lou Nisivoccia
Mayor, Randolph Township

This is a notice that the Final Compliance Hearing will proceed through virtual/remote technology.

Please note: The "Final Compliance Hearing" is scheduled for March 14, 2023, at 10 am before the Honorable Stephan C. Hansbury, J.S.C., Superior Court of New Jersey, Law Division, Morris County Courthouse, Washington and Court Streets, Morristown, New Jersey 07963, to consider the entry of a Final Judgment of Compliance and Repose in favor of the Township in the Mount Laurel action entitled In The Matter of the Application of the Township of Randolph, Docket Number MRS-L-1640-15, will proceed through virtual/remote technology adopted for use by the Court. Access the virtual hearing.

The Randolph Township Division of Planning and Zoning Administration, within the Office of the Randolph Township Manager, has created a map that summarizes the proposed affordable housing projects and lists the status of these plans. For additional details, please view the Proposed Affordable Housing Project Map (PDF).

October 14, 2022

Dear Residents,

As many of you are aware, a Settlement Agreement has been entered into between the Township of Randolph, Fair Share Housing Center ("FSHC"), and the court order approving the same, which was entered by the court on June 3, 2022, after a properly noticed fairness hearing.

The Housing Element and Fair Share Housing Plan addresses the plan to meet Randolph's fair share housing obligation within this Settlement Agreement. The Fair Share Plan is part of the Township of Randolph's request to acquire a Judgement of Compliance and Repose ("JOR") from the court in the Declaratory Judgement Action in the Matter of the Application of the Township of Randolph for Declaratory Judgment, Docket Number MRS-L-1640-15 which was filed in Morris County on July 2, 2015, and includes the projects and strategies to address Randolph's affordable housing obligations. View a copy of the Housing Element and Fair Share Housing Plan - August 19, 2022 (PDF).

This plan is a detailed look into Randolph's court-ordered obligation to provide housing. In an effort to make it easier to follow this plan, as it tracks through our boards and committees, the Randolph Township Division of Planning and Zoning Administration, within the Office of the Randolph Township Manager, has created a map that summarizes the proposed affordable housing projects and lists the status of these plans. View the Proposed Affordable Housing Project Map (PDF) for additional details.

It is my intention to have additional information posted whenever there is a status change to any of these projects. Please keep in mind that board and committee meetings are always open to the public, during which these applications are reviewed.

Because of this communication objective, I would like to bring to the community's attention that Number 15 on this overview map "Heller/JMF/Liberty Village" has a status change from "Application Pending" to "Planning Board Hearing 10/24/22." This application will therefore appear before the planning board on October 24, 2022.

On September 29, 2022, the township appeared at a compliance hearing held before the Honorable Stephan C. Hansbury in order to acquire a JOR. The summary of this appearance is as follows:

• Directed the township to furnish to the Special Master and FSHC additional documentation as set forth in the September 27, 2022 Special Master's Report ("Report") related to the creditworthiness of the various affordable housing credits sought by the township in the Settlement Agreement within 30 days of the hearing.
• Directed that the township meets with Avalon Bay (Route 10, Block 44, Lot 13) and with Ten Development Partners ("TDP") (Route 10 Block 44, Lots 8 and 9) to attempt to address the concerns raised by each of the developers with regard to Zoning Ordinance Number 27-22 (R-8 Zone) and resolve those issues within 90 days of the date of the compliance hearing.
• Denied and rejected for the fourth time the objections raised by Randolph Mountain Partnership in connection with their zoning ordinance adopted more than 14 years ago.
• Directed the township to provide to the Special Master and FSHC additional documentation as requested in her report within 90 days of the hearing.
• Reserved water for all of the affordable housing projects not yet built and lifted the Scarce Resource Order allowing non-affordable housing projects to proceed utilizing the remaining available water and any future water that becomes available.
• Continued the township's immunity from builder's remedy lawsuits until further order of the court.
• Established a continued compliance hearing for January 5, 2023 at 10 am.

If you have any further questions, you can reach our planning and zoning division at 973-989-7080 or email the Planning Department.

We will post additional informational updates as we receive them.

Regards,

Marie Potter
Mayor, Randolph Township

This statement has been prepared to provide an accurate overview of the ongoing affordable housing issues being addressed by the township council.

Since the 1980s, the Township of Randolph has been an active participant in the creation of affordable housing in the community. More than 300 affordable units have been developed in a variety of forms. These include apartments, townhomes, single-family dwellings, assisted-living units, and group homes. The township met its requirements as overseen by the Council on Affordable Housing (COAH).

In 2015, the New Jersey Supreme Court ruled the State's administrative process for reviewing affordable housing requirements was no longer working. The Court transferred matters from COAH to the New Jersey Superior Court. The ruling also established a judicial setting as a substitute for COAH's review of a municipality's affordable housing obligation.

Under the Supreme Court ruling, local governments were provided the opportunity to seek approval of their affordable housing plans through a court filing termed a declaratory judgment action. Randolph filed its action on July 2, 2015, and later filed a related housing plan approved by the planning board in March 2016, as required by the court.

The township's professionals, with input from the township council, spent the better part of five years negotiating in court. Those negotiations included the Fair Share Housing Center and developers/property owners who filed motions to take part in the case (interveners). Besides determining the number of units required, the discussions also focused on the proposed locations being available, approvable, developable, and suitable.

Under the court mandate, the township could not say "no" to the development. The township could not reject proposals based upon concerns over impacts on the school system and/ or public infrastructure such as roads. The settlement approved by the township (and later, the court) contains the lowest density requirements that could be mutually agreeable under the applicable regulations and guidelines. The settlement also identifies locations that the court agreed to allow for development. Without a settlement, the township would be unprotected from 'builder's remedy' lawsuits-opening Randolph up to uncontrolled development without restriction by local zoning regulations. Randolph would lose control of its own destiny.

The township reached a settlement agreement with Fair Share Housing Center on August 19, 2021, which was later amended and approved at a properly noticed hearing and memorialized by Court Order dated June 3, 2022. At the Fairness Hearing, the court evaluated if the proposed settlement was fair and reasonable to the region's low- and moderate-income households.

Much of what the township council considered as part of the settlement is consistent with the draft plan presented to the public in June 2019. The draft plan was also made available on the township website. Under the terms of the settlement agreement, the township has a cumulative 643 unit (affordable) third-round obligation for the period concluding in 2025. The settlement agreement permits the township to apply credit for projects already completed and not accounted for in prior obligation rounds as well as for bonus credits for which the township is eligible. The number of total new affordable units which the settlement provides for under the plan is 258.

The preliminary settlement agreement reached in August 2021 included the proposed development of 300 apartments on the Skylands site on Route 10. This development would have produced 60 affordable housing units and 60 bonus credits as a rental project. The original developer had backed out of the project at that time and the agreement stipulated that the property owner would be required to market the property for only inclusionary housing and to agree to stop all future nonresidential use of the property within 30 days. The owner of the Skylands property was unwilling to make this commitment and several replacement sites in Mt. Freedom and Route 10 were added to replace the affordable units lost by the elimination of the Skylands site, which substitution was later approved by the Court.

The settlement features a combination of approaches for providing the units to be developed including increased density provisions for existing zones and inclusionary zoning. Inclusionary zoning means rezoning property(s) to provide for an inclusionary set-aside (customarily 15%-20% of the total number of units in housing development) for affordable units. For example, if the set-aside was designated at 15% on a 100-unit development, 15 of the units would need to be set aside as affordable units with the remaining 85 being market units.

While the rezoning ordinances (introduced on September 1, 2022) will allow the township council to meet the terms of the settlement agreement, any property owner or developer seeking to build must submit development plans for site plan approval to the Planning Board. There is a detailed and extensive checklist of materials that comprise a "complete" application for site plan approval which then starts the development review process by the Planning Board. During the process of site plan review, the Planning Board hears testimony and makes recommendations designed to ensure the layout of the site functions properly. These recommendations may include the need for an environmental impact statement and traffic analysis. Also, the State of New Jersey has adopted Residential Site Improvement Standards establishing requirements for streets and parking, water supply, sanitary sewers, and stormwater management.

Randolph has met all its obligations in the legal process and continues to work for the best possible outcome for the community. Documents related to the settlement agreement and the Housing Element and Fair Share Plan are available in the Related Documents section.

Please note: The Township of Randolph Planning Board will conduct a public hearing in the Randolph Township Municipal Building located at 502 Millbrook Avenue, Randolph, New Jersey on August 29, 2022, at 7 pm to amend the master plan. The document under consideration is entitled, Housing Element and Fair Share Plan, Township of Randolph Master Plan (Housing Element and Fair Share Housing Plan - August 19, 2022 (PDF). Interested persons may also view the document in the planning department in the municipal building, from 8:30 am to 4:30 pm during weekday business hours. Following the public hearing, the planning board may take formal action by adopting the amended Housing Element and Fair Share Plan as part of the township master plan. In addition, interested citizens and property owners are invited to contact the planning department at 973-989-7080 to inquire about this meeting.

The Virtual Fairness and Preliminary Compliance Hearing Has Been Rescheduled to May 10, 2022, at 9:30 am.

Please note: The virtual "Fairness and Preliminary Compliance Hearing" previously scheduled for March 31, 2022, at 9:30 am before the Honorable Stephan C. Hansbury, J.S.C., Superior Court of New Jersey, Law Division, Morris County Courthouse, Washington and Court Streets, Morristown, New Jersey 07963, to consider the proposed Settlement Agreement between the Township of Randolph ("Township") and Fair Share Housing Center ("FSHC") in the Mount Laurel action entitled In the Matter of the Application of the Township of Randolph, Docket Number MRS-L-1640-15, has been rescheduled by the Court to May 10, 2022, at 9:30 am. Access to the virtual hearing will be provided by the Court or by counsel to the Township based upon prior compliance with the notification requirements contained in the original hearing notice dated February 24, 2022.

View the Updated Summary of the Compliance Plan (PDF) for more details.

Public Notice of "Fairness and Preliminary Compliance Hearing" to Approve Settlement of Mount Laurel Litigation

A "Fairness and Preliminary Compliance Hearing" will be held on March 31, 2022, at 9:30 am before the Honorable Stephan C. Hansbury, J.S.C., Superior Court of New Jersey, Law Division, Morris County Courthouse, Washington and Court Streets, Morristown, New Jersey 07963 to consider the Proposed Settlement Agreement (PDF) between the Township of Randolph ("Township") and Fair Share Housing Center in the Mount Laurel action entitled In the Matter of the Application of the Township of Randolph, Docket Number MRS-L-1640-15. Due to the pandemic, this hearing will take place through virtual technology adopted for use by the court. Anyone who desires to receive instructions regarding how to access and/or participate in the hearing through virtual technology should provide an email address or mailing address to Edward J. Buzak, Esq. and Keli L. Gallo, Esq. on or before March 17, 2022.

Email Edward J. Buzak, Esq.

Email Keli L. Gallo, Esq.

Read the Entire Notice of the Preliminary Compliance Hearing (PDF).

LYS Realty / Toll Brothers

Block 44, Lot 4 (931 Route 10)

• Concept Plan (PDF)
• Elevations and Floor Plans (PDF)
• Omnibus Ordinance (PDF)
• Ordinance (PDF)
• Settlement Agreement (PDF)

Canoe Brook Development LLC

Block 44, Lot 25 (134 Dover Chester Road)

• Concept Plan (PDF)
• Omnibus Ordinance (PDF)
• Ordinance (PDF)
• Settlement Agreement (PDF)