WHEREAS, pursuant to the Administrative Directive #14-24, dated December 13, 2024 (the "Directive"), implementing the Affordable Housing Dispute Resolution Program (the "Program") on January 24, 2025, the City filed a declaratory judgment action in the Superior Court of Middlesex County, bearing Docket No. MID-L-508-25 (the "DJ Action"); and 

WHEREAS, the filing of the DJ Action, in accordance with the Act and the Directive, gave the City immunity from Builder's Remedy lawsuits, which continues to be in full force and effect; and 

WHEREAS, no interested party filed a challenge to the DJ Action; and 

WHEREAS, no settlement agreement was executed determining a Third Round obligation for the City; and 

WHEREAS, in accordance with the Act and the Binding Resolution, the City's Planning Consultant, Topology, (the "City Planner") prepared a Housing Element and Fair Share Plan, dated June 9, 2025, which is on file with the City Clerk which addresses the City's Present Need and Prospective Need Obligations for the Third and Fourth Rounds ("HEFSP"); and 

WHEREAS, pursuant to N.J.S.A. 40:55D-28, the Planning Board of the City (the "Planning Board") is charged with the preparation and adoption of the City's Master Plan, which includes the HEFSP; and 

WHEREAS, on June 9, 2025, after providing notice in accordance with the Municipal Land Use Law, specifically N.J.S.A. 40:55D-13, the Planning Board held a public hearing at a Special Meeting to review the HEFSP prepared by the City Planner; and 

WHEREAS, after review and consideration of the HEFSP and presentation by the City Planner, the Planning Board has determined the HEFSP is consistent with the goals and objectives of the City's current Master Plan, and further determined adoption of the same is in the best interest of the City; and 

WHEREAS, upon adoption of the HEFSP, the Planning Board Secretary is hereby directed to transmit the same to the Clerk of the City for consideration of endorsement by the City Council. 

NOW, THEREFORE, BE IT RESOLVED by the Planning Board of the City of South Amboy, Middlesex County, New Jersey, as follows: 

1. The foregoing recitals are incorporated herein and made a part hereof as though fully restated.
    
2. The HEFSP is hereby approved and adopted.

View Resolution & Plan Here