Planning board adopts amended fourth‑round housing element and finds eight implementing ordinances consistent with master plan

The Morris Township Planning Board voted to approve an amended fourth‑round Housing Element and Fair Share Plan and, in the same meeting, found eight implementing ordinances consistent with the township master plan.

The board swore in the planner and heard a presentation outlining how the township negotiated its prospective need obligation down from an initial state figure (571) to 375 credits for the 10‑year fourth round. The planner said the reduction relied on a mix of "extensions of affordability controls" for existing units and verified bonus credits available under the amended Fair Housing Act. "The amended Fair Housing Act was adopted in March 2024," the planner said, and the townships numbers were the product of negotiations, program‑judge review and adjustments to the mix of credits and extensions.

Why it matters: Counsel and the planner said adopting the amended housing element and then having the governing body pass implementing ordinances are necessary steps for Morris Township to retain the legal protections that limit builders' ability to bring a so‑called builders‑remedy lawsuit that could force higher‑density development than the township planned. Counsel explained that a court fairness/compliance hearing will follow and is intended to confirm continued immunity if the required ordinances and administrative actions are completed.

What the board heard and decided: The planner described the mechanics: some credits take the form of extending deed‑restriction affordability periods on existing owner‑occupied units, which yielded a large share of the townships non‑construction credits, and other credits come from bonus provisions tied to specific redevelopment characteristics. The planner told the board staff had identified nearly 170 eligible extensions (more than originally counted), which helped replace bonus credits the court or objectors questioned. The planner also said approximately 172 new units (or bedrooms counted as unit equivalents) across identified redevelopment projects would be required to meet the balance of the townships obligation.

Board members asked how enforcement and project details will be handled. The planner and counsel said zoning cannot force a building to be rental or owner‑occupied but that mandatory set‑aside rules and redeveloper agreements, along with site‑plan review, will be used to secure the mix of rental and family units required by state rules. The planner noted some obligations (family rental minimums and other mix requirements) will be enforced through redeveloper agreements and future site plan hearings before the planning board.

Votes and next steps: After discussion the board member moved to adopt the amended plan and the motion passed on a roll‑call vote. The planner and counsel said the governing body (the township committee) must adopt the implementing ordinances that the board found consistent with the master plan; a subsequent court fairness/compliance hearing will review administrative steps before certifying continuing immunity from builders‑remedy claims.

Votes at a glance: The board recorded motions and roll‑call votes finding each of the eight draft ordinances consistent with the master plan (including a model‑based affordable housing/development fee ordinance and a redevelopment plan amendment for Mount Kemble Avenue/the former Atlantic Health hospital site). The planning boards votes are advisory findings; adopting those ordinances is the township committees responsibility.

Public comment: During the public comment period resident Julie Winter urged the township to use the planning process to protect aesthetics and asked whether the township had considered developing 100% affordable housing itself; staff said municipalities may pursue that route but often use other funding tools and extensions of affordability controls as an alternative.

What remains: The planning boards actions complete the local adoption step for the amended housing element; the governing body must adopt ordinances and staff must document administrative measures ahead of a fairness/compliance hearing the court will schedule to confirm the townships continued immunity from buildersremedy litigation.