Montgomery Township Committee to Vote on Affordable Housing Plan – Commits $20,000 to Legal fight

Nicholas Mistretta

Montgomery, NJ – July 3, 2025 — At tonight’s meeting, the Montgomery Township Committee is scheduled to consider Resolution #25-7-226, which would formally endorse the Township’s Fourth Round Housing Element and Fair Share Plan (HEFSP) and adopt the accompanying Affordable Housing Spending Plan. The resolution also proposes a $20,000 contribution toward a regional legal effort supporting municipal compliance under New Jersey’s newly revised affordable housing laws.

This action follows significant statewide changes. On March 20, 2024, Governor Phil Murphy signed P.L.2024, c.2, a comprehensive reform of the state’s affordable housing framework under the Mount Laurel Doctrineand the Fair Housing Act (FHA). Among other provisions, the law abolished the Council on Affordable Housing (COAH) and created a new judicial process administered by the Administrative Office of the Courts (AOC).

Montgomery has already taken several steps in accordance with this new framework. On January 27, 2025, the Township adopted Resolution No. 25-1-54, identifying a present need of 73 affordable units and aprospective need of 260 units for the Fourth Round compliance period. These numbers were confirmed in aDeclaratory Judgment (DJ) Action filed with the Superior Court of Somerset County (Docket No. SOM-L-153-25). On March 26, 2025, Judge William G. Mennen, J.S.C. issued an order affirming these obligations and authorizing the Township to proceed with a formal plan.

The Fourth Round HEFSP, prepared by planning consultants Clarke Caton Hintz, was reviewed and adopted by the Montgomery Township Planning Board on June 26, 2025 following two public hearings. It outlines strategies to meet the Township’s affordable housing obligations and includes a Spending Plan forecasting revenues to the Township’s Affordable Housing Trust Fund and detailing how funds will be committed to meet fair share targets. Adoption of the Spending Plan also triggers a statutory four-year window for the committed use of collected funds, as permitted under N.J.S.A. 52:27D-329.2(d).

Importantly, the resolution also proposes Montgomery’s participation in a regional legal effort to help municipalities navigate the new compliance framework. As part of this effort, the Township would allocate$20,000 toward joint litigation and legal support to promote consistency, fairness, and effectiveness across jurisdictions.

If adopted, Resolution #25-7-226 would:

Direct Township officials to take necessary steps to implement and advance the plan.

Endorse the Fourth Round HEFSP adopted by the Planning Board;

Adopt the Affordable Housing Spending Plan prepared by Clarke Caton Hintz;

Authorize filing of the resolution and plan through the AOC’s eCourts system;

Commit $20,000 to a shared regional legal strategy; and

Montgomery Township Committee Meeting – Simplified Agenda

Date: July 3, 2025
Location: Montgomery Municipal Building

Business Items & Resolutions

1. Hiring an Environmental Consulting Firm (RGA)
   • The Township is hiring a company called RGA to provide expert help for a project.
   • The contract will cost up to $73,161.
   • This agreement and related documents will be available to the public at the Clerk’s Office.
2. Applying for a State Grant to Improve Orchard Road
   • The Township wants to get state funding to fix and improve Orchard Road (Phase 2).
   • Planned work includes repaving, widening the road, adding sidewalks and bike lanes.
   • If approved, the Mayor and Clerk will sign the paperwork to move the project forward.
3. Removing Underground Fuel Tanks at Old Municipal Building
   • The Township needs to properly close and clean up underground fuel tanks at the old municipal building (Route 206).
   • A company called ERI will do the work, costing up to $14,500.
   • This work is part of the building’s demolition and environmental cleanup.
4. Standing Against a Natural Gas Project (NESE Compressor Station)
   • The Township is reaffirming its opposition to a proposed natural gas compressor station near Route 27.
   • This facility, part of the NESE pipeline project, could release harmful gases, cause noise pollution, and create safety risks.
   • The Committee is urging state and federal officials to reject the renewed application for this project.
5. Joining a Legal Challenge Against State Affordable Housing Rules
   • The Township Committee supports the Fourth Round Housing Element and Fair Share Plan approved by the Planning Board on June 26, 2025.
   • The Township Committee approves the Affordable Housing Spending Plan prepared by Clarke Caton Hintz.
   • Montgomery plans to join a coalition of municipalities challenging new state mandates on affordable housing.
   • The lawsuit argues that the current rules are unfair and may be unconstitutional.
   • The Township will contribute $20,000 to help fund the regional legal effort.
6. More Funds for Playground Drainage & Stormwater Work
   • A previously approved playground project now needs better drainage and stormwater controls.
   • An additional $71,820 will be added to the site preparation budget.
   • The total budget for that portion now rises to $498,820. The equipment budget stays the same.
7. Approval of Meeting Minutes
   • The Committee will vote to approve official records from the following past meetings:
   • May 15 (Regular)
   • May 28 (Special and Executive Session)
   • June 19 (Regular and Executive Session)
8. Paying the Township’s Bills
   • The Committee will vote to approve the latest batch of bills submitted for Township expenses.
   • These have been reviewed and certified as valid by the finance team.

Photo Credit: Nicholas Mistretta/headlinenewsmontgomery.com