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Township official says Bernards has conditional compliance in New Jersey's fourth-round affordable housing process; ordinances due in February
Summary
Township counsel provided a detailed status update saying Bernards has a conditional order of compliance signed Jan. 8, 2026, an agreed 198-unit obligation, and deadlines to introduce amended affordable-housing ordinances by Feb. 10 and adopt them by Feb. 24 ahead of a March 15 court deadline.
Township counsel briefed the Bernards Township Committee on Jan. 13 about the municipality's status in New Jersey's fourth-round affordable housing program and the steps required to obtain a final judgment of compliance.
Mr. Bolardo told the committee that the Department of Community Affairs initially assigned the township 217 units for the 2025'2035 planning round. The township previously adopted a local estimate of 171 units; Fair Share Housing Center, acting as an intervenor in the process, put forward a higher figure. Through mediation and negotiation the parties agreed to a midpoint that the township described as a 198-unit obligation.
Counsel said the township filed a conditional consent order with the court on Dec. 15, 2025, and that Judge Mannon signed the order on Jan. 8, 2026, maintaining the township's immunity from builder's-remedy lawsuits for now. That conditional order requires the township to complete several actions by March 15, 2026, including amending its spending plan, appointing a municipal housing liaison and filing amended ordinances and supporting documents with Fair Share Housing Center and the court.
Bernards has already appointed Susan Long as municipal housing liaison and identified Central Jersey Housing Resource Center as its administrative agent, counsel said. Drafts of an updated spending plan, a development-fee ordinance and an affirmative-marketing plan were submitted to Fair Share Housing Center on Jan. 9 for review. Counsel asked for Fair Share Housing Center's comments by Feb. 4 so the township can introduce an amended development-fee ordinance at its Feb. 10 meeting and adopt the ordinances and related resolutions on Feb. 24 ahead of the judge's March 15 deadline.
Counsel summarized prior steps leading to the conditional order: zoning changes the committee had enacted to capture credits (including Westgate and Ridge Oak), negotiated bonus credits for certain projects, an agreement with an assisted-living facility (Braar) for additional credits, and a two-year period in which objectors could file challenges (which closed Aug. 30, 2025). He said Fair Share Housing Center initially filed an informational objection that was later resolved after the township supplied additional documentation.
The committee did not take a new formal vote on affordable-housing policy at the Jan. 13 meeting; counsel framed the presentation as a timeline and next-steps briefing in advance of the Feb. meetings and the court deadline.
