Ordinance amends affordable housing regulations in Freehold Borough.

BOROUGH OF FREEHOLD
 
COUNTY OF MONMOUTH
 
ORDINANCE #2026/6
 
AN ORDINANCE AMENDING TITLE 19 (AFFORDABLE HOUSING) OF THE BOROUGH OF FREEHOLD CODE OF ORDINANCES TO ADDRESS THE REQUIREMENTS OF THE FAIR HOUSING ACT THE UNIFORM HOUSING AFFORDABILITY CONTROLS (UHAC) AND TO COMPLY WITH THE BOROUGH'S ROUND THREE AND ROUND FOUR AFFORDABLE HOUSING OBLIGATIONS
 
WHEREAS, the Borough of Freehold (the “Borough”) is obligated to provide a realistic opportunity for the creation of housing affordable to very low-, low-, and moderate-income households pursuant to the New Jersey Fair Housing Act and applicable constitutional requirements; and
WHEREAS, on March 20, 2024, the Fair Housing Act was amended by P.L.2024, c.2, including changes establishing updated Fourth Round compliance procedures and related State monitoring responsibilities; and
WHEREAS, the New Jersey Department of Community Affairs (“DCA”) administers requirements applicable to municipal affordable housing compliance, including the reporting and monitoring framework reflected in N.J.A.C. 5:99 and related State guidance; and
WHEREAS, the Borough has established an Affordable Housing Trust Fund and desires to amend and restate its development fee ordinance to conform to P.L.2024, c.2, N.J.A.C. 5:99, and the Statewide Non-Residential Development Fee Act; and
WHEREAS, the Borough's Planning Board adopted the Borough's Fourth Round Housing Element and Fair Share Plan (“HEFSP”) as part of the Borough's Master Plan, identifying the strategies, mechanisms, and implementation measures by which the Borough will address its Fourth Round affordable housing obligations;
WHEREAS, the Borough Council has endorsed the HEFSP as the policy basis for the Borough's affordable housing implementation program, including the adoption and maintenance of implementing ordinances and procedures consistent with State law and applicable approvals;
WHEREAS, the Borough desires to amend and restate its affordable housing ordinance to implement the HEFSP and to ensure that standards for affordability controls, administration, monitoring, and enforcement are consistent with current State law and regulations and promote the long-term creation and preservation of affordability; and
WHEREAS, the Borough Council finds that adoption of this Ordinance will ensure development fees are collected, maintained, monitored, reported, and expended solely for eligible affordable housing purposes in accordance with a Court-approved Spending Plan and applicable law.
 
A copy of the ordinance in its entirety shall be available for public inspection at the office of the Borough Clerk and on the municipal website www.freeholdboroughnj.gov.
 
Offered By: Shutzer Seconded By: Rogers
 
Roll Call:
 
Ayes:       DiBenedetto, Friedman, Jordan, Reich, Rogers, Shutzer
Nays:       None
Absent:   None
Abstain:  None
 
NOTICE IS HEREBY GIVEN that Ordinance #2026/6 was introduced at a meeting of the Freehold Borough Council in the County of Monmouth, New Jersey, held on February 17, 2026 and passed on first reading and that such Ordinance will be further considered for final passage after public hearing at a meeting of said Mayor and Council to be held at the Municipal Building in said Borough, 30 Mechanic Street, on March 2, 2026 at 6:30 p.m. or at any meeting to which that meeting may be adjourned, at which time all persons who may be interested therein will be given an opportunity to be heard.
 
Traci L. DiBenedetto, Municipal Clerk
 
2/21/26 ($76.56)