Author: keansburg

“The Borough of Keansburg adopted the resolution below. That resolution will be attached to a declaratory relief lawsuit that is filed on January 30, 2025”

RESOLUTION #25-013       

RESOLUTION OF THE COUNCIL OF THE BOROUGH OF KEANSBURG COMMITTING TO ROUND 4 PRESENT AND PROSPECTIVE NEED AFFORDABLE HOUSING OBLIGATIONS  

WHEREAS, on March 20, 2024, Governor Murphy signed into law P.L. 2024, c.2 (hereinafter “A4” or “Amended FHA”), which amended New Jersey’s Fair Housing Act, N.J.S.A. 52:27D-301, et. seq.; and

WHEREAS, A4 calculates the size of the regional affordable housing need as follows “projected household change for a 10-year round in a region shall be estimated by establishing the household change experienced in the region between the most recent federal decennial census, and the second-most recent federal decennial census. This household change, if positive, shall be divided by 2.5 to estimate the number of low- and moderate-income homes needed to address low- and moderate-income household change in the region, and to determine the regional prospective need for a 10-year round of low- and moderate-income housing obligations…”; and

WHEREAS, this means that the regional need equates to 40% of regional household growth; and

WHEREAS, the 1985 version of the Fair Housing Act and A4 both prohibit a result that would compel a municipality to spend its own money on compliance; and

WHEREAS, the theory which permits a municipality to meet its obligations without municipal subsidy is zoning for “inclusionary zoning”; and

WHEREAS, inclusionary zoning most typically requires a 15% or 20% set aside; and

WHEREAS, it is not clear how a regional need predicated upon 40% of anticipated growth can be met with 15-20% set asides and without municipal subsidy; and

WHEREAS, this is exacerbated by the fact that certain other municipalities in the region have an allocation of 0% of the prospective need (new construction obligation), irrespective of the growth in that particular municipality; and

WHEREAS, A4 yields a statewide new construction obligation of over 8,400 affordable units per year; and

WHEREAS, this is a substantially higher annual number than was imposed by COAH in the “Prior Round” or any iteration of its Round 3 regulations; and

WHEREAS, A4 determines the size of the regional need, but does not calculate allocation of the need to individual municipalities; and

WHEREAS, instead, A4 required the Department of Community Affairs (“DCA”) to produce non-binding estimates of need on or before October 20, 2024, which it did provide on October 18, 2024 (“DCA Report”); and

WHEREAS, the DCA Report calculates the Borough’s Round 4 (2025-2035) obligations as follows: a Present Need or Rehabilitation Obligation of 91 units and a Prospective Need or New Construction Obligation of 31 units; and

WHEREAS, A4 further provides that, irrespective of the DCA’s calculation, municipalities are to determine “present and prospective fair share obligation(s)…by binding resolution no later than January 31, 2025”; and

WHEREAS, this resolution satisfies the requirements of A4 by accepting the DCA estimate of need as described in the DCA Report; and

WHEREAS, Section 3 of A4 provides that: “the municipality’s determination of its fair share obligation shall have a presumption of validity, if established in accordance with sections 6 and 7” of A4; and

WHEREAS, Borough’s calculation of need is entitled to a “presumption of validity” because it complies with Sections 6 and 7 of A4; and

WHEREAS, the Borough specifically reserves the right to adjust those numbers based on one or any of the foregoing adjustments: 1) a windshield survey or similar survey which accounts for a higher-resolution estimate of present need; 2) a Vacant Land Adjustment predicated upon a lack of vacant, developable and suitable land; 3) a Durational Adjustment (whether predicated upon lack of sewer or lack of water); and/or 4) an adjustment predicated upon regional planning entity formulas, inputs or considerations, including, but not limited to the Highlands Regional Master Plan and its build out, the Pinelands or Meadowlands regulations and planning document; and

WHEREAS, in addition to the foregoing, the Borough specifically reserves all rights to revoke or amend this resolution and commitment, as may be necessary, in the event of a successful challenge to A4 in the context of the Montvale case (MER-L-1778-24), any other such action challenging A4, or any legislation adopted and signed into law by the Governor of New Jersey that alters the deadlines and/or requirements of A4; and

WHEREAS, in addition to the foregoing, the Borough reserves the right to take a position that its Round 4 Present or Prospective Need Obligations are lower than described herein in the event that a third party challenges the calculations provided for in this Resolution (a reservation of all litigation rights and positions, without prejudice); and

WHEREAS, in light of the above, the Mayor and Council finds that it is in the best interest of Borough to declare its obligations in accordance with this binding resolution and in accordance with the Act and    

WHEREAS, in addition to the above, the Acting Administrative Director issued Directive #14-24, dated December 13, 2024, and made the directive available later in the week that followed; and

WHEREAS, pursuant to Directive #14-24, a municipality seeking a certification of compliance with the Act shall file an action in the form of a declaratory judgment complaint “. . .within 48 hours after adoption of the municipal resolution of fair share obligations, or by February 3, 2025, whichever is sooner”; and

WHEREAS, nothing in this Resolution shall be interpreted as an acknowledgment of the legal validity of the AOC Directive and the Borough reserves any and all rights and remedies in relation to the AOC Directive; and

WHEREAS, the Borough seeks a certification of compliance with the Act and, therefore, directs its Affordable Housing Counsel to file a declaratory relief action within 48 hours of the adoption of this resolution; and

NOW, THEREFORE, BE IT RESOLVED on this ___ day of January, by the Council of the Borough of Keansburg, Monmouth County, State of New Jersey, as follows:

1. All of the Whereas Clauses are incorporated into the operative clauses of this resolution.

2. The Mayor and Council hereby commit to the DCA Round 4 Present Need Obligation of 91 units and the Round 4 Prospective Need Obligation of 31 units as described in this resolution subject to all reservations of rights, which specifically include:

1. a) The right to adjust the number based on a windshield survey, lack of land, sewer, water, regional planning inputs, or any combination thereof;

1. b) As described in the WHEREAS section, all rights to revoke or amend this resolution in the event of a successful legal challenge, or legislative change, to A4;

1. c) All rights to take any contrary position in the event of a third party challenge to the obligations.

3. The Borough hereby directs its Affordable Housing Counsel to file a declaratory judgment complaint within 48 hours after adoption this resolution attaching this resolution.

4. The Borough hereby directs its Affordable Housing Counsel to file this Resolution with the “Program” pursuant to the requirements on A4.

5. The Borough hereby directs that this Resolution be published on the municipal website within forty-eight (48) hours of its passage, pursuant to A4.

6. This resolution shall take effect immediately, according to law.

Motion by:   Mr. Hoff

Second by:   Mr. Tonne

Ayes:      Mr. Donaldson, Mr. Tonne, Mr. Cocuzza, Mr. Foley and Mr. Hoff

Nays:      NONE

Absent:  NONE

Abstain: NONE

Funeral Arrangement Information

Real Property Inspections 2022

Beach Pavilion – Notice to Bidders 3.2023

Lease of Beach Pavilion – Bid Specs 2.2023

Beach Pavilion – LEASE AGREEMENT 2023

On-Site Inspections at the Beach Pavilion, 1 Beachway, Keansburg will be accommodated on:

Tuesday, March 14, 2023 at 10am

Tuesday, March 21, 2023 at 10am

Notice is hereby given that sealed proposals will be received by the Borough of Keansburg, Monmouth County, New Jersey for The Borough of Keansburg, of

Lease of Beach Pavilion, Baywalk East, Beachway, Keansburg

and opened and read in public at the

Keansburg Borough Hall,
29 Church Street, Keansburg, New Jersey 07734
on Wednesday, March 29, 2023 at 11:00 am local prevailing time.

Specification Documents are on file in the Office of the Municipal Clerk, Borough of Keansburg, 29 Church Street, Keansburg, New Jersey 07734 and may be inspected by prospective bidders during business hours.  Bidders will be furnished with a copy of the Specification Documents by the Borough Clerk upon proper notice.  The Specification Documents will also be available for review on the Borough of Keansburg website:  www.keansburgnj.gov .

Proposals must be made on the Standard Proposal Forms in a manner designated in the Specification Documents, must be enclosed in sealed envelope bearing the name and address of the bidder and the name of the work on the outside: “BID FOR LEASE AGREEMENT BEACH PAVILION, delivered to the Municipal Clerk’s Office, Keansburg Borough Hall, 29 Church Street, Keansburg, New Jersey 07734, no later then Wednesday, March 29, 2023 at 11:00 am local prevailing time

The Borough of Keansburg reserves the right to require a complete financial and experience statement from prospective bidders showing that they have satisfactorily supplied goods and/or services of the nature required before furnishing proposal forms or specifications, or before awarding the contract.

The right is also reserved to reject any or all bids or to wave any informality where such informality is not detrimental to the best interest of the Borough of Keansburg.

Bidders are required to comply with the current requirements of P.L. 1975, c127 NJAC 17:27 (Affirmative Action) and P.L. 1977, c.33 (Disclosure of Ownership).  The successful bidder shall be required to comply with the provisions of the New Jersey Prevailing Wage Act, Chapter 150 of the Laws of 1963, effective January 1, 1964.

Bidders are required to comply with the requirements of P.L. 2004, C.57 (Business Registration).  A copy of the bidder’s Business Registration Certificate issued by the New Jersey Department of Treasury, Division of Revenue must be submitted with the proposal.

The Borough of Keansburg reserves the right to change the date and/or time of this bid opening in case of emergency or inclement weather. Any questions, please contact the Municipal Clerk’s Office at 732-787-0215 x112.

BY ORDER OF MAYOR AND COUNCIL OF THE BOROUGH OF KEANSBURG

Thomas P. Cusick
Municipal Clerk

Public meeting invitation and request for scoping comments for the Raritan Bay and Sandy Hook Bay, NJ Coastal Storm Risk Management Feasibility Study

The U.S. Army Corps of Engineers (USACE) and the New Jersey Department of Environmental Protection (NJDEP) announce the initiation of the Raritan Bay and Sandy Hook Bay, NJ Coastal Storm Risk Management (CSRM) Feasibility Study and invite the public to attend a virtual public scoping meeting on Tuesday, 21 February 2023, from 4:00 to 5:00 p.m. and Friday, 24 February 2023, from 3:00 p.m. to 4:00 p.m.

To access a session, log in at https://usace1.webex.com/meet/zachary.martin or dial in at Toll-Free: (844) 800-2712 and Access Code: 2762 162 802.

The format of the meeting will be an informal open-house, where the public can attend at any time during the virtual hours.  We also anticipate hosting in-person open house NEPA scoping meeting(s) in March/April 2023 which we invite you and the public to attend; specific date(s) and location(s) are to be decided but we will provide this meeting information as soon as possible.

General information on the study will be provided and staff from the USACE and NJDEP will be available to answer questions.  The study will focus on measures including, but not limited to, beach renourishment, dune and beachfill profile changes, potential structural and non-structural measures to reduce risk of damages from coastal storm events, including hurricanes and nor’easters, and modifications to the existing project to provide improved erosion control and storm damage prevention in the project area.

The purpose of the meetings is to provide the public an opportunity to learn more about the study and to solicit the public’s help in identifying issues, alternatives, and potentially significant impacts to be considered in the analysis.  The USACE plans to prepare a National Environmental Policy Act document that will assess the impacts of the proposed project.

The project website: https://www.nao.usace.army.mil/About/Projects/-Raritan-Bay-and-Sandy-Hook-Bay-CSRM-Study/ provides additional information about the project and current planning efforts.

The public is invited to submit comments during the meeting and/or submit comments electronically at:  .  Written comments can be sent to David M. Schulte, USACE Norfolk District, Fort Norfolk, 803 Front St., Norfolk, VA 23510.

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