Chatham Township to Adopt Resolution on Fourth Round Affordable Housing Obligations
The Mount Laurel Doctrine, upheld by the New Jersey Supreme Court, mandates all municipalities in New Jersey to provide a “realistic opportunity” for affordable housing to meet present and future needs. Since the dissolution of the Council on Affordable Housing (“COAH”) in 2015, municipalities have worked directly with the courts to ensure compliance with this constitutional obligation; however, recent modifications to the law have resulted in a change to that process.
In compliance with the most recent changes to New Jersey’s Fair Housing Act (“FHA”), on Tuesday, January 28, 2025, the Chatham Township Committee will adopt a resolution memorializing the Township’s Fourth Round (2025 – 2035) Affordable Housing obligations.
The Township is taking these actions because the FHA requires all municipalities to adopt binding resolutions to approve their affordable housing obligations for the Fourth Round of Affordable Housing by January 31, 2025 and immediately thereafter, file a declaratory judgment action to confirm the same. The adoption of this resolution is the Township’s first step in an extensive process set forth by State and the FHA to meet its affordable housing obligations and further the Township Committee’s goal of continuing to provide a desirable community for all our residents.
Chatham Township will adopt the following affordable housing obligations:
Present Need Obligation (Rehabilitation of Existing Properties): 30 units
Prospective Need Obligation (Construction of New Properties): 141 units
The Township will not be required to build 141 units. It is important to note the affordable housing obligation adopted by the Township will be subject to downward adjustments, which takes into consideration Township-specific variables such as the amount of developable land in the Township (commonly called a vacant-land adjustment), bonus credits for the types of housing to be built, credits carried forward from the Third Round, and the availability of water and sewer service. These adjustments will be determined over the next few months when the Township’s professionals draft the Township’s Fourth Round Housing Element (the “Plan”). The Plan will address the long-term strategy over the next ten years for the Township to meet these obligations. It is the intention of the Township Committee to engage residents and other stakeholders in this vitally important process to help shape this strategic plan. Pursuant to the FHA, the Plan must be adopted and endorsed no later than June 30, 2025.
The Department of Community Affairs (the “DCA”) initially set the Township’s Fourth Round Obligation at 156 units. However, after consultation with the Township’s professionals, it was determined the DCA’s calculations included lands in the Township that are unsuitable for development – such as areas within floodways or land with development restrictions. Once these properties were excluded, our professionals determined the Township’s actual prospective need obligation was 141 units, a downward adjustment of fifteen (15) units.
In the event the Township does not meet the deadlines set forth in the FHA for the adoption of the affordable housing obligation and the Plan, the Township would be subject to potential legal challenges, such as unwanted Builder’s Remedy lawsuits. If these challenges are successful, they would strip the Township’s zoning power and allow developers to instead shape the Township’s future affordable housing obligation planning in whatever manner the developer sees fit. The Township Committee is committed to balancing the quality of life for our residents, as well as realizing its fair share of affordable housing, without exposing residents to costly measures, such as litigation. The Township Committee shall remain diligent, proactive, and thorough in its search for optimal outcomes throughout the duration of this process.
As always, we encourage and welcome input from our residents. Those interested are invited to share their thoughts or ask questions during the public Township Committee meeting or by emailing the Township Clerk at [email protected]. Your feedback is vital to ensuring our community continues to thrive while meeting its obligations responsibly.
The Township will continue to post updates on the Fourth Round Affordable Housing process on our website at www.chathamtownship.org/affordablehousing
