Independence Township Committee endorses 2025 housing element, authorizes court filing

The Independence Township Committee voted unanimously on June 19 to endorse the township's 2025 Fourth Round Housing Element and Fair Share Plan and to authorize its professionals to file the plan and related documents with the court.

Committee member Mrs. Gesumaria moved to approve Resolution 25-49; Mr. Stuber seconded the motion. The vote was recorded as Ayes: Mrs. Gesumaria, Mr. Stuber, Mrs. Kelsey and Mayor Giordano; Nays: None; Absent: Mr. Pennington; Abstain: None. The meeting adjourned at 10:10 a.m.

The resolution cites P.L.2024, c.2 and the New Jersey Fair Housing Act as the statutory basis requiring municipalities to determine and adopt binding fair-share obligations for the Fourth Round of housing obligations. The township previously adopted Resolution 25-15 on Jan. 25, 2025 identifying present need as 6 and prospective need as 35, but the transcript notes a later court order dated April 23, 2025 that sets the township's Fourth Round obligations as Present Need: 6 and Prospective Need: 44.

The record states the township filed a declaratory judgment action in Warren County (IMO Independence Township, Docket No. WRN-L-48-25) on Jan. 27, 2025 and that the New Jersey Builder's Association filed a challenge to that action. The Affordable Housing Dispute Resolution Program held a settlement conference on March 26, 2025, presided over by the Hon. Thomas C. Miller, A.J.S.C. (ret.), with Elizabeth McManus, P.P. serving as Special Adjudicator; the transcript records that the NJBA did not participate at that conference.

The Independence Township Land Use Board held a public hearing and adopted the Housing Element and Fair Share Plan on June 16, 2025; that adoption and the Board's resolution are attached to the Committee's resolution as Exhibit A. Resolution 25-49 directs the township's professionals to file with the court the adopted HEFSP, the Board and Committee resolutions, the settlement agreement and any additional documents the professionals deem necessary. The resolution also reserves the Committee's right to amend the HEFSP and states that the resolution takes effect immediately.

Under the Administrative Office of the Courts' Administrative Directive #14-24, a municipality seeking certification under the Fair Housing Act must file a declaratory judgment complaint and Civil Case Information Statement within 48 hours of adopting the municipal resolution of fair-share obligations; Resolution 25-49 authorizes township professionals to make the court filings required by that process. The transcript does not record further public comment or debate on the plan at the Committee's special meeting.

The Committee's action sends the adopted HEFSP to the court for review and possible certification; the transcript indicates the township intends to proceed promptly to meet the statutory filing requirements.