Satisfaction of the Rehabilitation Obligation: The Borough has a 3-unit rehabilitation obligation, and it will either join the Wildwood Regional Affordable Homeowner Repair Program, administered by Triad Associates, and/or hire a separate entity to rehabilitate units in the Borough to address the Borough’s rehabilitation obligation in a way that allows for rehabilitation of both rental and for-sale units.
Satisfaction of the Prior Round and Round 3 Obligation: Due to a lack of vacant , developable land, the Borough of West Wildwood ‘s new construction obligation has been adjusted downward. The parties agree that the Borough has a Realistic Development Potential (RDP) of zero (0) units, in accordance with the Vacant Land Analysis attached to the Settlement Agreement as Exhibit A.
For the purposes of settlement , the Borough agrees to address the 72-unit remaining portion , also known as its “unmet need ,” of its allocation of the Prior Round and Round 3 regional need through the following mechanisms:
a) Overlay Zone – Commercial Zone: The Borough shall adopt and implement an overlay zone over certain lots in its existing Commercial Zone with the ordinance form subject to approval by FSHC. The overlay zone will consist of the following:
• Density of 12 family units per acre;
• Apartments above commercial with 15% affordable housing set-aside for rentals or 20% affordable housing set-aside for for-sale units; and
• The lots would be on Glenwood A venue between A venues E and J and are delineated further in the Settlement Agreement.
b) Overlay Zone – Marine Commercial Zone: The Borough sha ll adopt and implement an overlay zone over certain lots in its existing Marine Commercial Zone and subject to approval by FSHC. The overlay zone will permit the following:
• A density of 12 family units per acre with a 20% affo rdable housing set-aside for for-sale units, or a 15% set -aside for rental units. • The lots would be those bounded by West, East, North, and Center Drives, known as Blocks 152 through 162.
• Vacation of paper streets adjoining these lots in connection with a request by a prospective developer of lots in this overlay zone in order to make such development feasible. c) Mandatory Set Aside Ordinance: The Borough shall adopt an ordinance in the remaining zoning districts requiring the following:
• Mandatory affordable housing set-aside for all new residential or mixed-use developments producing five (5) or more residential units to provide for a 20% affordable housing set-aside for for-sale units, or a 15% set-aside for rental units.
d) Development Fee Ordinance: The Borough sha ll adopt a Development Fee Ordinance and shall comply with the Spending Plan provisions. The Borough shall initially set its Residential Development Fee at 1 % of the equalized assessed value.
The Borough has presented to the Court and placed on file with the Borough Clerk the Settlement Agreement for public inspection and copying during regular business hours at the Office of the Borough Clerk, Borough of West Wildwood, 701 West Glenwood Avenue, West Wildwood, NJ 08260 beginning on September 14, 2020. Due to the current COYID – 19 pandemic, copies of the Settlement Agreement can be requested via email from the Borough Clerk or the Borough ‘s Mount Laurel attorney, both listed below. The Settlement Agreement will also be published on the Borough’s website, located here: https://westwi ldwood.org/ .
Any interested party, including any low- or moderate-income person residing in the housing region, any organization representing the interests of low- and moderate-income persons, any owner of property in the Borough of West Wildwood, or any organization representing the interests of owners of property in the Borough of West Wildwood may file comments on, or objections to, the proposed Settlement Agreement. The Borough requests that all objections provide: 1) A clear and complete statement as to each aspect of the municipality’s Settlement Agreement contested by the objector; 2) An explanation of the basis for each objection; 3) Copies of all such expert reports , studies, or other data relied upon by the objector. Such comments or objections, together with copies of any supporting affidavits or other documents, must be filed in writing, on or before October 19, 2020 at 4:00 p.m. with the Honorable John C. Porto , J.S.C, at Atlantic County Courthouse located at 1201 Bacharach Boulevard, Atlantic City, NJ 08401 , with copies of all papers being forwarded by mail or e-mail to:
Nancy L. Holm, Esq.
Jeffrey R. Surenian and Associates, LLC
707 Union Avenue, Suite 301
Brielle, NJ 08730
Donna Frederick, Clerk
Borough of West Wildwood
701 West Glenwood Avenue
West Wildwood, NJ 08260
Bassam Gergi, Esq.
Fair Share Housing Center
510 Park Boulevard
Cherry Hill, NJ 08002
Kendra Lelie, PP, AICP, ALSA
Kyle & McManus Associates
PO Box 236
Hopewell , NJ 08525
This Notice is intended to inform all interested parties of the existence of the proposed Settlement Agreement and the possible consequences of Court approval of the Settlement Agreement, which may ultimately lead to a Judgment of Compliance and Repose or the judicial equivalent of a grant of Substantive Certification pursuant to the New Jersey Fair Housing Act, N.J.S.A. 52:27D -301 to -329. It does not indicate any view by the Court as to the merits of the Borough’s Mount Laurel Declaratory Action, the fairness, reasonableness , or adequacy of the proposed settlement , or whether the Court will approve the Settlement Agreement.
COAH – FAIR SHARE HOUSING – SETTLEMENT AGREEMENT
RESOLUTION 2020-055 – AUTHORIZING THE SETTLEMENT AGREEMENT FAIR SHARE HOUSING