Notice of Public Hearing Ordinance 5 of 2026

City of Somers Point

Notice of Public Hearing

Ordinance No. 5 of 2026

An Ordinance Amending and Supplementing the Chapter 69 – Affordable Housing, Article II – Fair Share and Affirmative Marketing Plan, and Article III – Affordable Housing Set-Aside for Certain New Residential Development

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, in order to comply with the March 15, 2026 deadline, the City is adopting this interim ordinance until the DCA issues a template ordinance, and will introduce an amended affordable housing ordinance after the state template is released; and

Whereas, the City seeks to amend and update its existing Affordable Housing 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 II “Fair Share and Affirmative Marketing Plan” is hereby deleted in its entirety and replaced as follows:

Article II AFFORDABLE HOUSING REGULATIONS

§69-12 Purpose and applicability.

A. This Article of the Code sets forth regulations regarding the very low-, low- and moderate-income housing units in the City of Somers Point consistent with the provisions outlined in P.L 2024, Chapter 2, including the amended Fair Housing Act (“FHA”) at N.J.S.A. 52:27D-301 et seq., as well as the Department of Community Affairs, Division of Local Planning Services (“LPS”) at N.J.A.C. 5:99 et seq., statutorily upheld existing regulations of the now-defunct Council on Affordable Housing (“COAH”), the Uniform Housing Affordability Controls (“UHAC”) at N.J.A.C. 5:80-26.1 et seq., and as reflected in the adopted municipal Fourth Round Housing Element and Fair Share Plan (“HEFSP”).

B. This Article is intended to ensure that very low-, low- and moderate-income units ("affordable units") are created with controls on affordability over time and that very low-, low- and moderate-income households shall occupy these units pursuant to statutory requirements. This article shall apply to all inclusionary developments, individual affordable units, and 100% affordable housing developments except where inconsistent with applicable law.

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