Notice of Public Hearing- Ordinance 4 of 2026

City of Somers Point

Notice of Public Hearing

Ordinance No. 4 of 2026

An Ordinance Deleting and Replacing Article I – Purpose, Definitions; Development Fees; Affordable Housing Trust Fund of Chapter 69 – Affordable Housing

Whereas, the City of Somers Point filed a Declaratory Judgment Action on January 23, 2025 seeking a certification of compliance with the Fair Housing Act; and

Whereas, the Somers Point Planning Board adopted the 2025 Housing Element & Fair Share Plan for the Fourth Round on June 26, 2025, which was duly endorsed by the City Council, and timely filed with the Affordable Housing Dispute Resolution Program; and

Whereas, the City has entered into a Consent Order with Fair Share Housing Center that requires all of the implementing documents, including an Affordable Housing Ordinance, to be adopted by March 15, 2026; and

Whereas, the City seeks to delete and replace its existing Development Fee Ordinance to reflect the new regulations.

Now therefore, it is hereby ORDAINED by the City Council of the City of Somers Point as follows:

SECTION 1: Chapter 69 “Affordable Housing”, Article I “Purpose, Definitions; Development Fees; Affordable Housing Trust Fund” is hereby deleted in its entirety and replaced as follows:

Article I Affordable Housing Development Fees

§69-1 Purpose.

A. This section establishes standards for the collection, maintenance, and expenditure of development fees that are consistent with the Mount Laurel doctrine, including but not limited to the amended Fair Housing Act (P.L.2024, c.2), N.J.A.C. 5:99, as well as the Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7). Fees collected pursuant to this section shall be used for the sole purpose of providing very low-, low- and moderate-income housing in accordance with a Court-approved Spending Plan.

A. Imposed fees.

(1) Residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development, provided no increased density is permitted. Development fees shall also be imposed and collected when an additional dwelling unit is added to an existing residential structure; in such cases, the fee shall be calculated based on the increase in the equalized assessed value of the property due to the additional dwelling unit.

§69-10 Ongoing collection of fees.

A. The ability to impose, collect and expend development fees shall continue so long as the municipality retains authorization from the Court in the form of Compliance Certification or the good faith effort to obtain it.

§69-11 Emergent affordable housing opportunities.

1. Requests to expend affordable housing trust funds on emergent affordable housing opportunities not included in the municipal fair share plan shall be made to the Division and shall be in the form of a governing body resolution. Any request shall be consistent with N.J.A.C. 5:99-4.1.

Notice is hereby given that the foregoing ordinance was introduced and passed first reading at a regular City Council meeting of February 12, 2026 and said ordinance will be further considered for final passage and adoption after a public hearing to be held on March 12, 2026 at 7:00 p.m. in City Council Chambers, 1 West New Jersey Avenue, Somers Point, NJ 08244. Free copies may be obtained at the City Clerk’s Office, 1 West New Jersey Avenue, Somers Point, NJ, Mon.-Fri, 9am-5pm.

Shelby Heath, RMC

City Clerk