The only way any community can be protected from a Builder’s Remedy lawsuit is to submit a Housing Element and Fair Share Plan to the Court that complies with the required obligations and receives a Judgment of Compliance/Repose from the Court. This replaces the previously granted Substantive Certification, which was issued by COAH. In addition, as part of this process, it may be beneficial for the Borough to “lock up” settlements with certain property owners (including specifically any intervenors), with the approval of the Special Master. Negotiating and reaching settlements with intervenors and other prospective developers will help to insulate these properties from development plans with high densities far beyond those previously approved in Montvale. Once the Borough receives approval of its Housing Element, a Judgement of Compliance/Repose should be granted through 2025, during which the Borough would be “immune” from any Builder’s Remedy lawsuits so long as Montvale continues to comply with its Housing Plan.