NOTICE OF DECISION
PLEASE TAKE NOTICE that, upon the Request and Application of Mullica Hill Subdivision, LLC ("MHS"), the Joint Land Use Board for the Township of Harrison (the "JLUB") on January 29, 2026, conducted a public hearing consistent with the guidance of Whispering Woods at Bamm Hollow, Inc. v. Middletown Tp., 220 N.J. Super. 161 (Law Div. 1987) ("Whispering Woods Hearing"), and granted Approval of both: (i) a Mediation Agreement among MHS, JLUB and the Township of Harrison in connection with matter known as In the Matter of the Application of the Township of Harrison, County of Gloucester, Docket No. GLO-L-93-25; and (ii) MHS' Application for Preliminary Major Subdivision Approval and Bulk Variance Approval based upon the Plans entitled, "Subdivision Plans King Court at Mullica Hill," prepared by Site Civil Engineering, dated October 30, 2024, revised November 10, 2025, consisting of four (4) sheets (Sheet Nos. 4, 4a, 4b, 4c & 4d) (the "Revised Plans") for the King Court at Mullica Hill Inclusionary Development (the "Inclusionary Development"). On February 19, 2026, the JLUB adopted Resolution 15-2026 memorializing its Approval of both the Mediation Agreement and MHS' Application for Preliminary Major Subdivision Approval and Bulk Variance Approval.
The Inclusionary Development consists of 508 townhomes, including 102 townhomes designated for occupancy by low- and moderate-income households, along with recreational areas, stormwater management facilities and related improvements on 62.77 +/- acres of land located in Harrison Township at 140 Swedesboro Road, in an R-8 Special Residential Zoning District and more particularly known as Block 45, Lot 16 on the Official Tax Maps for the Township of Harrison (the "Property").
On November 1, 2024, MHS filed an Application, as subsequently amended, requesting the JLUB grant Preliminary Major Subdivision Approval and Bulk Variance Approval (the "Amended Application") for the Inclusionary Development on the Property. The Amended Application also included a request for Bulk Variance Approval to allow side yard driveway setbacks, as part of the Inclusionary Development, which are 2.2 +/- feet or less where a 5-foot driveway side yard setback is required by Section 225-86.D.(6) of the Township Code.
Following the conclusion of its public hearings on March 20, 2025 and April 17, 2025 for the Amended Application, the Land Use Board voted to deny the Amended Application as memorialized by Resolution 25-2025 adopted on July 17, 2025.
On August 29, 2025, MHS filed with the New Jersey Affordable Housing Dispute Resolution Program (the "Program") a challenge to the Township of Harrison's Housing Element and Fair Share Plan pursuant to N.J.S.A. 52:27d-304.1(f)(2)(b).
Additionally, on August 29, 2025, MHS filed: (i) a Complaint in Superior Court challenging the JLUB's denial of the Amended Application that is captioned Mullica Hill Subdivision, LLC v. Joint Land Use Board of the Township of Harrison, GLO-L-1072-25 (the "Complaint"); and (ii) a Motion to Intervene and Enforce Litigant's Rights in the Township's Third Round Mount Laurel Declaratory Judgement Action, that is captioned In the Matter of the Application of the Township of Harrison in Gloucester County, Docket No. GLO-L-908-15 (the "Motion").
Separately, on August 28, 2025, the Fair Share Housing Center ("FSHC") filed with the Program a challenge to the Township of Harrison's Housing Element and Fair Share Plan pursuant to N.J.S.A. 52:27d-304.1(f)(2)(b) (together with the August 29, 2025 MHS challenge, the "Challenges").
The Township of Harrison, FSHC, and MHS agreed to amicably resolve and settle the issues raised by the aforementioned Challenges, Complaint, and Motion as memorialized by a Mediation Agreement.
Consistent with Paragraphs 10 and 11 of the Mediation Agreement, on January 29, 2026, the JLUB conducted a public Whispering Woods Hearing to consider and, thereafter, Approve both the Mediation Agreement and the granting of Preliminary Major Subdivision Approval along with Bulk Variance Approval based upon the Revised Plan. The Revised Plan includes MHS' request for Bulk Variance relief from Township of Harrison Code Section 225-86.D.(6) that requires a 5-foot driveway side yard setback where the Revised Plan proposes a setback of 2.2+/- feet or less throughout the Inclusionary Development.
Copies of Resolution 15-2026, the JLUB determinations, Mediation Agreement, Revised Plans, Amended Application, reports, correspondence, hearing transcripts, and supporting documentation are on file with the Harrison Township JLUB Secretary in the Harrison Township Municipal Building, located at 114 Bridgeton Pike, Mullica Hill, New Jersey 08062 and are available for public inspection and public review during the Harrison Township Municipal Building regular business hours (Monday through Friday, 8:00 a.m. to 4:00 p.m. – excluding holidays).
If you have any questions about accessing Resolution 15-2026, the JLUB determinations, the Mediation Agreement, Revised Plans, Amended Application, reports, correspondence, hearing transcripts, and supporting documentation, please contact the Harrison Township JLUB Secretary, Donna Schwager, at dschwager@harrisontwp.us or by calling 856-312-3739.
CLINT B. ALLEN, ESQUIRE
ARCHER & GREINER
Attorneys for Applicant
1025 Laurel Oak Road
Voorhees, New Jersey 08043
(856) 795-2121
March 3 2026
LNYS0469284
$92.45