Township attorney: court approves Bernards Township’s fourth‑round affordable‑housing plan, provides 10‑year repose

Township attorney John Bellardo briefed the committee on a court consent order that the township entered to finalize its fourth‑round fair‑share housing plan.

Bellardo said the order incorporates the township’s implementing ordinances and attachments and that it was agreed to by the township attorney and counsel for Fair Share Housing Center. "Essentially, what the order indicates is that the township's fourth round housing fair share plan, its attachments, the ordinances and resolutions that we've adopted over the last 2 years that we have previously filed with the court... are incorporated into this order," Bellardo said.

He told the committee the order provides that the fourth‑round plan meets the objective standards under the applicable law and Mount Laurel doctrine and that the order includes previously adopted projects cited in the implementing ordinances, including Edgewood Properties, Ridge Oak and a group home.

Bellardo said the consent order establishes a period of repose from exclusionary‑zoning litigation through June 30, 2035, during which the township will have protection from builders‑remedy lawsuits if it meets the order’s obligations and milestones. He also noted that any amendments to implementing ordinances or project approvals during the covered period would require a rigorous process and likely review by Fair Share Housing Center and the court.

Committee members thanked staff and counsel for their work on the litigation and implementation process. The committee’s discussion framed the order as concluding a multi‑year effort to secure court certification for the township’s fourth‑round affordable‑housing plan.