Mahwah Council endorses Toll settlement, adopts amended fourth‑round housing plan and spending framework

The Township of Mahwah on March 12 adopted a set of resolutions intended to finalize elements of its Fourth Round affordable housing compliance, including adoption of an amended Housing Element and Fair Share Plan (HEFSP), approval of a spending plan for the Affordable Housing Trust Fund, and a Rehabilitation Manual to guide local rehab spending. The council also authorized execution of a settlement agreement with Toll NJ I, LLC to permit redevelopment of Block 82 with an inclusionary residential project of up to 60 units (12 affordable) as described in the record. Councilmember Wong said the township had worked to limit impacts while meeting statutory obligations: "The Township has been working on protecting the residents against builders' remedy and maintaining the 14 units per acre," Wong said, praising township professionals who negotiated the settlement. The settlement text, included in the meeting record, describes obligations including RP amendments, site plan process streamlining, a proposed PILOT framework and commitments on affordable unit construction and phasing. Under the draft settlement, Toll or its designee would be designated redeveloper of the property and the township would amend the redevelopment plan to allow the project "as of right" under the new overlay standards, subject to planning board review and fast‑track procedural timing spelled out in the agreement. Council action Council passed resolutions endorsing the amended HEFSP and requesting Program and/or court review and approval of the township's spending plan and implementing documents. The council also approved adoption of an Affirmative Marketing Plan and a Rehabilitation Manual that lays out program rules and spending priorities for rehabilitation, affordability assistance and administrative costs in the fourth round. Why it matters New Jersey revised its fair‑housing rules for the fourth round and has a dispute‑resolution framework that municipalities can use to obtain compliance certification. Mahwah's actions are meant to provide the Program and the court with the township's implementing documents so a compliance determination can be entered. The settlement with Toll is a key element of the plan for Block 82 and is intended to reduce litigation risk and produce affordable units on site. What’s next The settlement requires Program/Court approval and implementing ordinances; the township's consultant and municipal counsel were authorized to finalize de minimis changes and submit the documents to the Program or court as appropriate.