Middle Township granted extension to continue work toward fair housing plan

Cape May Court House, N.J. – Middle Township took further steps toward establishing a detailed fair housing plan as it anticipates a court order granting the municipality more time to finalize its strategy.

New Jersey Superior Court Judge John C. Porto extended the Township’s immunity from builder’s remedy lawsuits through Sept. 30 as it works on a fair housing plan. Such remedies can permit developers to construct multi-family housing with affordable housing allocated outside the scope of local zoning regulations.

As part of its commitment to voluntary compliance on affordable housing, the Township is scheduled to meet with the Fair Share Housing Center (FSHC). The organization filed a court motion arguing the Township’s immunity had expired, while the municipality maintained its status had not changed as it worked toward resolving outstanding issues.

The Township entered into negotiations with FSHC in 2019 to address its obligation under fair-share housing formulas.
“We are gratified to see Judge Porto extend the immunity through the end of September,” Mayor Tim Donohue said. “We continue to work in good faith toward a solid plan that aligns with the Township’s vision for sustainable development while creating reasonable opportunities for affordable housing.”

Based on the discussion at a July 7 Case Management Conference, with the consent of all parties, the judge scheduled several steps:

• A requirement for the Township to complete a framework of its Fair Share Plan by July 30.
• A mediation session between the parties on Aug. 5.
• A follow-up conference with the court on Aug. 19.
Meanwhile, the Township’s planner is actively working on a plan to ensure compliance with affordable housing regulations.

The Township took a major step toward its plan by introducing a mandatory affordable housing set-aside ordinance within the Town Center zoning district at its July 7 Township Committee meeting.

The ordinance establishes a 20 percent mandatory affordable housing set-aside requirement for “any residential development located in the TC ‘Town Center’ zoning district.”
The rule would also apply to the residential portion of a mixed-use project that consists of five or more new residential units. The Town Center district is the district serviced by public sewer.

Affordable units would be integrated with market-rate units, not in separate buildings or separate areas, according to the ordinance.

The ordinance passed a first reading at the meeting. A second reading, public hearing and consideration for adoption is set for 6 p.m. Aug. 16 at the Township Committee meeting.