PUBLIC NOTICE OF MOUNT LAUREL COMPLIANCE HEARING FOR THE TOWNSHIP OF FRANKLIN, GLOUCESTER COUNTY Docket No. GLO-L-901-15 (zoom video conference 3/14/2024)
Published in Sentinel of Gloucester County Printed Edition Week of 1/18/2024
PLEASE TAKE NOTICE that on March 14, 2024, beginning at 9:00 am, the
Honorable Robert J. Malestein, P.J.Ch. will conduct a Compliance Hearing in In the
Matter of the Application of the Township of Franklin, Gloucester County, bearing
Docket No. GLO-L-901-15 (“The Hearing”). The hearing will be held via Zoom video
conferencing. Interested parties should contact Tara St. Angelo, Esq., at (908)735-
5161 or tstangelo@gklegal.com at least 48 hours in advance of the hearing to obtain
information on how to participate.
The purpose of the Compliance Hearing is for the Court to determine
whether the adopted/endorsed Housing Element and Fair Share Plan (hereinafter
“Affordable Housing Plan”) of the Township of Franklin (adopted on July 18, 2023
by the Township Planning Board and endorsed on December 26, 2023 by the
Township Governing Body), and the mechanisms implementing the Affordable
Housing Plan, fulfill the Township’s obligation to provide a realistic opportunity to
satisfy the Rehabilitation, Prior Round, and Third Round components of its “fair
share” of the regional need for housing affordable to low and moderate income
households pursuant to (i) the Fair Housing Act (“FHA”), N.J.S.A. 52:27D-301 et
seq., (ii) applicable substantive regulations of the New Jersey Council on
Affordable Housing (“COAH”), (iii) the Settlement Agreement entered into
between Fair Share Housing Center (“FSHC”) and the Township of Franklin,
approved by the Court at a properly noticed Fairness Hearing on August 12,
2022, and memorialized by an approval order entered by the Court on November
2, 2022 (the “Settlement Agreement”), and (iv) other applicable laws. If the Court
determines that the Township has fulfilled its obligation to provide a realistic
opportunity to satisfy its Rehabilitation, Prior Round, and Third Round
components of its “fair share,” it will enter a Judgment of Compliance and
Repose, which will give the Township of Franklin protection from Mount Laurel
lawsuits until July 1, 2025.
The Township has presented to the Court and placed on file with the Township
Clerk, a copy of the Affordable Housing Plan and various other related documents.
These documents are available for public inspection and copying during regular
business hours at the Office of the Township Clerk, Township of Franklin, 1571
Delsea Drive, Franklinville, NJ 08322, or by contacting the Township Clerk by email
(clerk@franklintownship.com) or telephone (856-694-1234, ext. 7).
The Affordable Housing Plan, the Settlement Agreement, and additional
documents on file in the Township’s Municipal Building describe how the Township
will address its “fair share” of the regional need for low and moderate-income
housing as established pursuant to the Court-approved Settlement Agreement.
The various elements of the Township’s Affordable Housing Plan can be
summarized as follows:
- A Prior Round Obligation of 166, of which 36 have been satisfied.
- A Rehabilitation Obligation of 52.
{00598208} - A Third Round Gap and Prospective Need Obligation of 527.
- Because the Township does not have access to public water and sewer (as
defined in the Settlement Agreement) the Township is entitled to a durational
adjustment pursuant to N.J.A.C. 5:93-4.3(c)(4). - The Township intends to address its fair share of the regional need for
affordable housing as follows:
a. Adoption of a mandatory set-aside ordinance, a draft copy of which is
attached to the Settlement Agreement;
b. Adoption of an Affordable Housing Overlay Zoning Ordinance, a draft
copy of which is attached to the Settlement Agreement;
c. Participation in the Gloucester County rehabilitation program. If needed
in the future, the Township may be required to implement a municipal
rehabilitation program for renter-occupied and owner-occupied units;
d. Municipal commitment to assist in the provision of public water and
sewer and to reserve new public water and/or sewer capacity.
Any interested party that seeks to appear and be heard at the March 14,
2024 Hearing shall have the opportunity to present its position. Objections or
comments by any such interested party must be filed with the Court in writing at
the following address: Honorable Robert J. Malestein, P.J.Ch., Gloucester County
Courthouse, 1 North Broad Street, 2nd Floor, Woodbury, NJ 08096. Such
objections must be filed no later than 4 p.m. on February 15, 2024, with duplicate
copies being forwarded by mail and e-mail to the attention of the following:
Tara Ann St. Angelo, Esq.
Gebhardt & Kiefer, PC
1318 Route 31 North
Annandale, New Jersey 08801
tstangelo@gklegal.com
Esme M. Devenney, Esq.
Fair Share Housing Center
510 Park Boulevard
Cherry Hill, New Jersey 08002
esmedevenney@fairsharehousing.org
Laura Smith-Denker, Esq.
Fair Share Housing Center
510 Park Boulevard
Cherry Hill, New Jersey 08002
lauradenker@fairsharehousing.org
Mary Beth Lonergan, AICP, PP (Special Master)
Clarke Caton Hintz
100 Barrack Street
{00598208}
Trenton, NJ 08608
mblonergan@cchnj.com
This Notice is intended (1) to inform all interested parties of the existence of
an Affordable Housing Plan adopted and endorsed by the Township and of
documents on file that explain the specific manner in which the Township proposes
to address its “fair share” of affordable housing; and (2) to explain the consequences
of Court approval of the Township’s Affordable Housing Plan; namely, immunity from
any Mount Laurel lawsuits through July 1, 2025. This Notice does not indicate any
view by the Court, the Special Master, the Township, or FSHC as to whether the
Court will approve the manner in which the Township proposes to satisfy its fair
share.