The legislative intent set forth in the above preambles and recitals are hereby adopted and incorporated by reference herein as if set forth herein at length.[1]
[1]
Editor's Note: The preamble to Ord. No. 354-2D-05 reads as follows:
"WHEREAS, the New Jersey Supreme Court and New Jersey Legislature have recognized and mandated in So. Burl. Co. NAACP v. Mount Laurel. 92 N.J. 158 (1983) ["Mount Laurel II"] and the Fair Housing Act, N.J.S.A. 52:27D-301, et seq. ("FHA") that every municipality in New Jersey has an affirmative obligation to facilitate the prompt provision of affordable housing; and
"WHEREAS, the New Jersey Council on Affordable Housing ("COAH") is the state administrative agency created pursuant to the FHA vested with primary jurisdiction for the administration of affordable housing obligations in accordance with sound regional planning considerations in New Jersey; and
"WHEREAS, COAH's third cycle Substantive Rules (N.J.A.C. 5:94-1 et seq.) seek to implement a "growth share" approach to affordable housing production which the Township of Brick feels is fair, equitable and reasonable because it requires affordable housing to be produced in conjunction with all residential and nonresidential growth and development on a uniform and Township-wide basis in conjunction with normal growth and market forces thereby (a) evenly distributing housing production, and (b) avoiding the concentration and segregation of affordable units and low- and moderate-income households to isolated locations within communities; and
"WHEREAS, the Township of Brick desires to implement the "growth share" policies promulgated and announced by COAH in its third cycle Substantive Rules in an effort to foster the production of affordable housing opportunities for the Mount Laurel beneficiaries through the third housing cycle which extends from 2000 to 2014."