TOWNSHIP OF SOUTH BRUNSWICK

NOTICE OF MOUNT LAUREL COMPLIANCE HEARING ON THE AMENDED HOUSING ELEMENT AND FAIR SHARE PLAN OF THE TOWNSHIP OF SOUTH BRUNSWICK, COUNTY OF MIDDLESEX

Consolidated Docket Number: MID-L-4437-17

PLEASE TAKE NOTICE that, on February 25, 2026 beginning at 10:00 a.m. the Honorable Thomas D. McCloskey, J.S.C. will conduct a “Compliance Hearing” in the In the Matter of the Application of the Township of South Brunswick, bearing Docket No. MID-L-4437-17 (“the Action”) at the Middlesex County Superior Courthouse located at 56 Paterson Street, 3^rd Floor, Courtroom 306, New Brunswick, NJ 08903

The purpose of the Compliance Hearing is for the Court to determine whether the Township’s Fourth Round Housing Element and Fair Share Plan (hereinafter “Affordable Housing Plan”) of the Township of South Brunswick satisfies the Township’s obligation to provide a realistic opportunity for satisfaction of its “fair share” of the regional need for housing affordable to low- and moderate-income households, which includes the Township’s Rehabilitation, Prior Round, Round 3, and Round 4 obligations. The fair share has been established based on a settlement, dated September 9, 2024 that has been approved on November 13, 2024 pursuant to procedures set forth in Morris County Fair Housing Council v. Boonton Township, 197 N.J. Super. 359, 364 (Law Div.1984) affd o.b. 209 N.J. Super. 108 (App. Div. 1986) and East/West Venture v. Borough of Fort Lee, 286 N.J. Super. 311,328 (App. Div. 1996) (hereinafter “2024 FSHC Settlement”). The FSHC Settlement not only established the Round 4 obligation, but also identified how the Township would satisfy some portion of that obligation. If the Court determines that the Township has satisfied its affordable housing obligations, it will enter a Final Round 4 Judgment of Compliance and Repose, which among other things, will provide South Brunswick Township legal protection (repose) from all Mount Laurel exclusionary zoning lawsuits through June 30, 2035.

The Township has placed a draft Affordable Housing Plan on file. These documents are available for public inspection at the Office of the Township Clerk, located at 540 Ridge Road, Monmouth Junction, New Jersey 08852, during normal business hours. Copies of the documents may be requested by contacting the Township Clerk at (732) 329-4000 during normal business hours. Copies may also be requested by contacting the Township’s Affordable Housing Counsel, Jeffrey Surenian, Esq., or his paralegal, Laura Nelson, at (732) 612-3100. The Planning Board is scheduled to consider the adoption of the draft Affordable Housing Plan on January 28, 2026. Once the draft Affordable Housing Plan is adopted, it will be replaced by the adopted Affordable Housing Plan and placed on file in the Office of the Township Clerk.

The Township’s Affordable Housing Plan can be summarized as follows:

A. The Township’s Round 4 Present Need Obligation is 132 and will be addressed through a rehab program

B. The Township’s Prior Round Obligation is 841 and shall be satisfied as follows:

C. The Township has a Third Round Obligation of 1,450 units, and it has been satisfied as follows:

*The 32-unit family rental surplus shall be applied to the Fourth Round Obligation.

D. The Township’s Round 4 fair share is 1,070. The Township proposes to satisfy each component of its fair share obligations as follows:

The draft Affordable Housing Plan, and the supporting documents on file with the Township Clerk provide considerably more detail as to the manner in which the Township is satisfying its affordable housing obligations.

Any interested party may file written comments on, or objections to the draft Affordable Housing Plan. Objections must provide: 1) A clear and complete statement as to each aspect of the draft Affordable Housing Plan contested by the objector; 2) An explanation of the basis for each objection; and 3) copies of all such expert reports, studies, or other data relied upon by the objector. In order for an objector to testify during the Compliance Hearing, an accompanying written expert report must be filed with all interested parties by the deadline below.

Such comments or objections, together with copies of any supporting affidavits, expert reports, or other documents, must be filed in writing, on or before February 17, 2026, at 4:30 p.m. with the Honorable Thomas McCloskey, J.S.C. at the Middlesex County Superior Courthouse located at 56 Paterson Street, 3^rd Floor, Courtroom 306, New Brunswick, NJ 08903, with copies of all papers being forwarded by mail or e-mail to:

Jeffrey R. Surenian, Esq.

Surenian, Edwards, Buzak & Nolan LLC 311 Broadway, Suite A

Point Pleasant Beach, NJ 08742 jrs@surenian.com

Affordable Housing Counsel

Joshua Bauers, Esq.

Fair Share Housing Center 510 Park Boulevard Cherry Hill, NJ 08002

joshbauers@fairsharehousing.org

Thomas Collins, Jr., Esq.

Price Meese Shulman & D’Arminio, PC,

89 Headquarters Plaza, Suite 1446

Morristown, NJ 07960 TCollins@pricemeese.com Attorneys for the Planning Board

Barbara Nyitrai, RMC

South Brunswick Municipal Building 540 Ridge Road,

Monmouth Junction, NJ 08852 bnyitrai@sbtnj.net

Township Clerk

Christine Cafone, PP/AICP

52 Reckless Place Red Bank, NJ 07701

ccofone@cofoneconsulting.com

Richard J. Hoff, Jr., Esq.

Bisgaier Hoff, LLC

25 Chestnut Street, Suite 3

Haddonfield, NJ 08033 rhoff@bisgaierhoff.com

Attorneys for Avalon Bay/Pulte Homes

 Daniel L. Steinhagen, Esq.

Beattie Padovano, LLC

200 Market Street, Suite 401

Montvale, NJ 07645 dsteinhagen@beattielaw.com

Attorneys for K Hovnanian Shore Acquisitions

Kenneth D. McPherson, Jr., Esq.

Waters, McPherson, McNeill 300 Lighting Way

P.O. Box 1560 Secaucus, NJ 07096

mark.mcpherson@lawwmm.com

Attorneys for South Brunswick Center

Marc D. Policastro, Esq.

Giordano, Halleran & Ciesla, P.C.

125 Half Mile Road, Suite 300 Red Bank, NJ 07701-6777

MPolicastro@ghclaw.com

Attorneys for American Properties

Bryan Plocker, Esq.

Hutt & Shimanowitz

459 Amboy Avenue, P.O. Box 648

Woodbridge, NJ 07095 bplocker@huttshim.com Attorneys for Windsor Associates

and TG Acquisitions, HUK Partners

Brett E. Tanzman, Esq.

Wilf Law Firm, LLP

820 Morris Turnpike, Suite 201 Short Hills, NJ 07078 brettt@wilf-law.com

Attorneys for Windsor Associates

Thomas F. Carroll, III, Esq.

Hill Wallack LLP

21 Roszel Road, P.O. Box 5226

Princeton, NJ 08543 tcarroll@hillwallack.com

Attorneys for PPF Industrial –Route 130/ Exit 8A, LLC

Robert F. Simon, Esq.

Herold Law

25 Independence Blvd.

Warren, NJ 07059 rsimon@heroldlaw.com

Attorneys for Royal Oaks Apartments, LLC

Thomas P. Scrivo, Esq.

O’Toole Scrivo Fernandez Weiner Van Lieu, LLC

14 Village Park Road Cedar Grove, NJ 07009 tscrivo@oslaw.com

Attorneys for Ridge Road Properties, LLC

James F. Clarkin, III, Esq.

Clarkin & Vignuolo, P.C.

85 Washington Avenue

Milltown, NJ 08850 jfc@clarkinlaw.com

Attorneys for Eastern Properties/Jaynar Construction (Wilson Farm)

Elizabeth J. Hampton, Esq.

Fox Rothschild LLP

997 Lenox Drive, Bldg 3

Lawrenceville, NJ 08648-2311 EHampton@foxrothschild.com

Attorneys for Richardson Fresh Ponds, Princeton Orchards Associates

Steven Firkser, Esq.

Greenbaum Rowe Smith and Davis 75 Livingston Avenue

Roseland, NJ 07068 sfirkser@greenbaumlaw.com

Attorneys for New Village Associates

This Notice is intended (a) to inform all interested parties of the existence of an Affordable Housing Plan on file with the Township Clerk, slated to be considered for adoption on January 28, 2026 by the South Brunswick Township Planning Board and slated to be considered for endorsement by the Township on January 29, 2026; and (b) to explain the consequences of court approval of the Affordable Housing Plan; namely, continued immunity from any Mount Laurel lawsuits through June 30, 2035. This Notice does not indicate any view by the Court, the Special Adjudicator, the Township, or FSHC as to whether the Court will approve the manner in which the Township proposes to satisfy its fair share.