WHEREAS, the New Jersey Council on Affordable Housing ("COAH") has promulgated rules, set forth at N.J.A.C. 5:93 and 5:91, concerning the substantive and procedural requirements for obtaining third round substantive certification of the Borough's Housing Element and Fair Share Plan; and

WHEREAS, on March 10, 2015, the Supreme Court transferred responsibility to review and approve housing elements and fair share plans from COAH to designated Mt. Laurel trial judges within the Superior Court; and

WHEREAS, on July 6, 2015, the Borough submitted a Declaratory Judgment Action to NJ Superior Court; and

WHEREAS, on December 21, 2017, the Borough entered into a Settlement Agreement with Fair Share Housing Center resolving the determination of Borough's Third Round obligation and setting forth the Borough's preliminary compliance plan; and

WHEREAS, on March 15, 2018, the NJ Superior Court approved the Settlement Agreement between the Borough and Fair Share Housing Center; and

WHEREAS, conditions of the Court-approved Settlement Agreement require the Borough to update its affordable housing ordinances to be in compliance with current rules and to implement a Borough-wide affordable housing inclusionary zoning set-aside requirement.