TOWNSHIP OF FRANKLIN
COUNTY OF HUNTERDON
NOTICE OF FAIRNESS HEARING FOR THE TOWNSHIP OF FRANKLIN, COUNTY
OF HUNTERDON (THE “TOWNSHIP”) REGARDING A SETTLEMENT
AGREEMENT RELATED TO THE TOWNSHIP’S OBLIGATION TO PROVIDE
AFFORDABLE HOUSING TO LOW- AND MODERATE-INCOME HOUSEHOLDS
DOCKET NO: HNT-L-314-15
PLEASE TAKE NOTICE that on December 7, 2017, beginning at 2 pm, there will be a
Fairness Hearing (the “Hearing”) before the Honorable Thomas C. Miller, J.S.C., at the Somerset
County Courthouse, Superior Court of New Jersey, 20 North Bridge Street, P.O. Box 3000,
Somerville, New Jersey 08876-2162, Courtroom HCH1.
The purpose of the Hearing is for the Court to consider whether the terms of the
settlement agreement (the “Settlement Agreement”) between the Township and the Fair Share
Housing Center (the “FSHC”) will meet the Township’s obligation to provide a realistic
opportunity to satisfy the Township’s rehabilitation, Prior Round and Third Round “Fair Share”
of the regional need for affordable to low-income and moderate-income households, pursuant to
the Mt. Laurel decisions and their prodigy, the Fair Housing Act, N.J.S.A. 52:27D-301, et seq,
the substantive, applicable regulations of the New Jersey Council on Affordable Housing (the
“COAH”), the New Jersey Supreme Court’s March 10, 2015 decision in the matter of In Re:
N.J.A.C. 5:96 and N.J.A.C. 5:97, 221 N.J. 1 (2015), and other applicable laws.
The Settlement Agreement fully addresses the existing components of the Township’s
Affordable Housing obligation for the period of 1987 through 2025, including the Township’s
present-need obligation (or rehabilitation obligation) of zero (0) housing units, its prior round
obligation of thirty-six (36) housing units, and its third-round prospective need obligation of
seventy-five (75) units. The proposed Settlement Agreement provides a detailed list of the
Township’s total affordable housing obligation, and compliance mechanisms demonstrating the
Township’s compliance with those Affordable Housing obligations. The full texts of the
Settlement Agreement is available for public inspection and/or photocopying (at the requestor’s
expense) during the hours of 9:00 a.m. to 4:00 p.m. at the Township Clerk’s office, located at
202 Sidney Road, Pittstown, New Jersey 08867, and is posted on the Township’s website at
On the date of Hearing, the Court will expect the Fairness Hearing to determine whetherthe Settlement Agreement is fair to low- and moderate-income households, and creates a realistic
opportunity for the satisfaction of the Township’s Affordable Housing obligations. The
Township will seek an Order formally approving the Settlement Agreement, subject to
appropriate conditions, if any, that may be imposed by the Court, which Order will entitle the
Township to protection from any Mt. Laurel Builders’ Remedy lawsuit for a period to be
determined by the Court.
Any interested person may seek to appear and be heard at the December 7, 2017 Hearing
on the Settlement Agreement and shall have the opportunity to present any position on the
Settlement Agreement. Objections or comments by any interested person must be filed with the
Court at the above address on or before November 22, 2017, with duplicate copies forwarded by
mail and email to the attention of the following:
Katrina L. Campbell, Esq.
Lavery, Selvaggi, Abromitis & Cohen, P.C.
1001 Route 517
Hackettstown, NJ 07840
Kevin Walsh, Esq.
Adam Gordon, Esq.
Fair Share Housing Center
510 Park Blvd.
Cherry Hill, NJ 08002-3318
Elizabeth K. McManus, PP, AICP
Clark Caton Hintz
100 Barrack Street
Trenton, NJ 08608
This Notice is provided pursuant to a directive of the Court and is intended to inform
interested parties of the proposed Settlement Agreement, and inform such parties that they are
able to comment on said Settlement Agreement before the Court reviews and evaluates whether
to approve the Settlement Agreement. This Notice does not indicate any view by the Court as to
the fairness, reasonableness, or adequacy of the Settlement Agreement or whether the Court will
approve the Settlement Agreement.
Ursula V. Stryker RMC, Township Clerk
Township of Franklin