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Bedminster secures consent order for 4th‑round affordable housing and authorizes settlement with local housing agent
Summary
Township counsel told the committee that an April 15 consent order settles Bedminster's 4th‑round affordable‑housing obligations through July 2035, and the committee approved a settlement with the former administrative agent to resolve recapture-fee litigation.
Bedminster Township Committee on May 4 discussed and acted on two housing matters that affect long‑term planning and development review.
Township counsel John told the committee that a consent order entered April 15 by Superior Court Judge William Manning finalizes Bedminster’s 4th‑round affordable‑housing plan under March 2024 state law and shields the township from builders‑remedy lawsuits for the covered compliance period. Counsel summarized the order’s numeric obligations: a present rehabilitation need of 6 units and a 4th‑round prospective need of 72 units, with the latter to be satisfied in part by prior-round credits and identified projects. "This essentially concludes the two‑year journey that began back in March 2024," counsel said, explaining the order requires annual monitoring reports to the state and appoints the municipal housing liaison to oversee compliance.
Separately, the committee approved resolution 2026-087 authorizing a settlement and general release in litigation related to recapture fees handled by Ben and Sterling Hills Housing Corporation (BHHC) while it served as the township's former administrative agent for the portable‑housing program. Staff said the settlement treats most outstanding claims as nuisance-value resolutions: affected residents will still be responsible for a recapture fee but receive a reduced amount; for remaining residents not in the litigation the township's counsel will seek declaratory judgments clarifying future recapture obligations. The resolution also authorizes steps to dissolve PHHC’s administrative role.
Township officials said having an approved plan and the consent order gives the planning board greater flexibility to review and approve development applications without the immediate threat of developer‑led builders‑remedy lawsuits. Counsel noted the township will continue to file annual reports by February 15 each year and that training and monitoring systems are being rolled out for municipal housing liaisons.
Next steps: legal and planning staff will implement settlement paperwork and monitoring required by the consent order; the committee said staff will continue to coordinate with the township’s administrative agent for tracking sales, resales and recapture processes.
