Consent Order Final Compliance Certification, docket SOM-L-142-25 (April 15, 2026)
Judge William G. Mennen approved the Housing Element and Fair Share Plan and granted Branchburg a Consent Order Final Compliance Certification: 0 present need, 302 prior-round units, 1,000 Third Round units and 255 Fourth Round prospective-need units, with seven unsatisfied Third Round units carried over. The certification runs July 1, 2025 through June 30, 2035, subject to annual monitoring and a July 1, 2030 midpoint review; the court retains jurisdiction. All four Fourth Round mechanisms are listed as proposed.
What to look for in this document
What to look for
- Pages 1–4, the procedural recitals: the Township filed its declaratory-judgment action and participation resolution January 28, 2025, the HEFSP June 25, 2025 and the implementing ordinances and resolutions March 13, 2026; FSHC confirmed compliance with the settlement terms; no other interested party filed a challenge or any other communication.
- The prior-round table (302 units, 316 mechanisms, 241 bonus credits, a 14-credit surplus) and the Third Round table (a 1,000-unit obligation, mechanisms totaling 993 units with 743 bonuses, seven units carried into the Fourth Round). The order lists Henderson/Genesis as awaiting site-plan approval for nine family rental units, 40 TJC/Premier units as approved, Advance/Fox Hollow’s 28 family rental units and River Trace’s 11 family for-sale units as complete, and North Branch Walk (91), Summit Green (92, with 22 bonuses) and Judelson/Glen (125 age-restricted) as under construction.
- The mechanisms table (pages 6–8): Whiton Hills extensions (30 age-restricted units with 15 bonuses and 44 family units with 22 bonuses), Evans Way/KRE (80 family units), Vollers/Premier (50 credits — 46 family and four special-needs — with 23 bonuses) and 147 Stony Brook Road (four special-needs credits with four bonuses), all marked “proposed.” The table totals 272 credits, 208 units, 64 bonuses, 265 after the carryover and a 10-credit surplus; the HEFSP reports 271.5 credits, 63.5 bonuses and a 9.5-credit surplus. The half-credit difference is unexplained in the record.
- The monitoring paragraphs (pages 7–10): yearly Affordable Housing Monitoring System entries by each February 15 covering trust-fund collections, balances and expenditures and unit construction, starts, certificates of occupancy and deed-control dates; deed-restriction uploads as developments come online; a realistic-opportunity review as of July 1, 2030, on which a party may file where an inclusionary site lacks preliminary site-plan approval by the midpoint; and retained jurisdiction.
The order’s signature date is handwritten and uncertain in the OCR; the eCourts filing stamp is April 15, 2026. The figures above are from the scanned order and were checked against its page text.