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[quote="James"]I disagree with most of Senator Torecelli's positions which is why I am surprised that he and I are on the same page. This definitely presents a scenario where COAH and Sen. Roberts are on the wrong side of the fence. Between the builders lobby and Gov. Corzine's desire for office in DC the state of NJ is on a dangerous path. Our residents and business have increased sales taxes, no property tax relief and our seniors and low income earners are hurting.[/quote]
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<table border="0" cellpadding="3" cellspacing="1" width="100%" class="forumline"> <tr> <th class="thCornerL" width="22%" height="26">Author</th> <th class="thCornerR">Message</th> </tr> <tr> <td width="22%" align="left" valign="top" class="row1"><span class="name"><a name=""></a><b>Cranbury</b></span></td> <td class="row1" height="28" valign="top"><table width="100%" border="0" cellspacing="0" cellpadding="0"> <tr> <td width="100%"><img src="templates/subSilver/images/icon_minipost.gif" width="12" height="9" alt="Post" title="Post" border="0" /><span class="postdetails">Posted: Tue, May 13 2008, 9:09 am EDT<span class="gen"> </span> Post subject: Attorney for WW, Plainsboro expects COAH suits</span></td> </tr> <tr> <td colspan="2"><hr /></td> </tr> <tr> <td colspan="2"><span class="postbody"><a href="http://www.packetonline.com/articles/2008/05/02/the_princeton_packet/news/doc481a67eb0f21a525766017.txt" target="_blank">http://www.packetonline.com/articles/2008/05/02/the_princeton_packet/news/doc481a67eb0f21a525766017.txt</a> <br /> <br />Towns mull legal challenge to COAH's affordable-housing plan <br />Friday, May 2, 2008 7:18 AM EDT <br />By Greg Forester, Staff Writer <br /> <br /> <br /> <br /> <br /> Council on Affordable Housing regulations set to become law in early June that would greatly increase the obligation of towns to provide low- and moderate-income housing have area municipalities considering joining a lawsuit led by the New Jersey State League of Municipalities. <br /> <br /> The league has begun soliciting pledges of $500 from municipal governments to be put into a general litigation fund, with officials from Princeton Borough, Princeton Township, West Windsor, Plainsboro and Montgomery all receiving requests to consider throwing municipal dollars into the lawsuit pot. <br /> <br /> Litigation led by the League of Municipalities could by only one part of a lawsuit free-for-all, one local municipal attorney predicted. <br /> <br /> Michael Herbert — who is attorney for West Windsor and Plainsboro — said that it is likely that housing advocates, construction and development entities, and towns will all begin filing suits as result of perceived problems in the new regulations, which seem to double previous affordable housing obligations mandated in the state. <br /> <br /> ”We anticipate, unfortunately, that this will be litigated,” said Mr. Herbert, who noted Princeton Borough officials would likely consider joining the fund at some time in the near future. “I don’t know any municipality that thinks these rules make any sense.” <br /> He said construction and development groups would join the legal fight because of the damaging effect the rules could have on the bottom line, through reduction in profitable market-rate residential units. <br /> <br /> Those companies also face added cost in building affordable units in conjunction with a primary project that may have no residential space at all, such as an office building, or even a parking garage. <br /> <br /> Affordable housing advocates may sue, Mr. Herbert said, because of a perception that the new regulations are actually not strong enough, a position opposite to that taken by many municipal officials. <br /> <br /> COAH’s newly revised rules are aimed at fulfilling its declared statewide affordable housing need of 115,000 units, estimated using a growth-share approach with affordable housing needs measured as a percentage of residential and non-residential growth from 2004 to 2018. <br /> <br /> The new regulations call for one affordable unit for every five residential units, and one affordable unit for every 16 jobs — a change from previous ratios of one in nine units and one unit for every 25 jobs. Officials from a number of towns have objected to the methods used to glean the numbers. <br /> <br /> Plainsboro Township officials have signaled their willingness to get involved in the suit, but only after the regulations become official and only after an opportunity to review any lawsuit prepared to fight the regulations. The regulations are slated to be adopted next week and become effective in the first week of June. <br /> <br /> ”They’re not a good situation for us, and we will of course make every effort to comply,” said Robert Sheehan, township administrator for Plainsboro. “But we expect there will be another round of legal battles.” <br /> <br /> The Montgomery Township Committee will consider joining the litigation fund in the near future, according to Mayor Cecilia Birge, who said municipal officials have grown increasingly concerned with the proposed regulations. <br /> <br /> ”We are very, very alarmed by them,” Mayor Birge said. <br /> <br /> One specific concern aired in Montgomery is that COAH projections included parcels of preserved open space — which cannot be developed due to restrictions — in studies of total developable land, leading to even higher potential housing requirements, Mayor Birge said. <br /> <br /> Also, new affordable housing requirements do not mesh properly with stated policies of both the New Jersey Office of Smart Growth and the New Jersey Department of Environmental Protection, Mayor Birge said. <br /> <br /> Apparently even state officials are recognizing possible flaws in the proposed rules, according to Mayor Birge, who was present at a COAH discussion in Somerset County recently, where Department of Community Affairs CommissionerJoseph Doria spoke. <br /> <br /> ”Everyone expressed very strong concerns, and he admitted the current formula has flaws,” said Mayor Birge, who noted that Montgomery had always fulfilled affordable housing obligations stemming from previous COAH rules. <br /> <br /> Princeton Township Attorney Ed Schmierer said he believed township officials would move to join the effort of the League of Municipalities, judging from their previous concern with the rules. They are set to deliberate on the call for pledges at their Monday night meeting, he said. <br /> <br /> ”We’re like the other towns, we don’t think the rules are reasonable,” said Mr. Schmierer. <br /> New Jersey State League of Municipalities officials said the calls for help from the towns of New Jersey have continually been heard at the league. <br /> <br /> ”Every day another town contacts me,” said Mike Cerra, senior legislative analyst. “It seems to us that the league is the appropriate entity to combine those efforts.” <br /> <br /> Mr. Cerra agreed with Mr. Herbert’s predictions of several legal challenges emerging after the rules go into effect. He said there could even be separate challenges, filed by individual municipal governments. <br /> <br /> ”At this point there is strong likelihood there will be multiple challenges,” said Mr. Cerra. “Unique towns have unique issues.” <br /> <br /> What is unique about towns like West Windsor, Plainsboro and Princeton Borough, Mr. Herbert said, is their previous record in leading in the way in compliance with affordable housing requirements. <br /> <br /> ”Those three towns have a strong record of providing affordable housing, but there comes a point where it becomes too much,” he said.</span></td> </tr> </table></td> </tr> <tr> <td colspan="2" height="1" class="spaceRow"><img src="templates/subSilver/images/spacer.gif" alt="" width="1" height="1" /></td> </tr> <tr> <td width="22%" align="left" valign="top" class="row2"><span class="name"><a name=""></a><b>Cranbury Conservative</b></span></td> <td class="row2" height="28" valign="top"><table width="100%" border="0" cellspacing="0" cellpadding="0"> <tr> <td width="100%"><img src="templates/subSilver/images/icon_minipost.gif" width="12" height="9" alt="Post" title="Post" border="0" /><span class="postdetails">Posted: Sat, May 10 2008, 11:51 am EDT<span class="gen"> </span> Post subject: Re: Towns mull COAH lawsuit</span></td> </tr> <tr> <td colspan="2"><hr /></td> </tr> <tr> <td colspan="2"><span class="postbody">I can't believe this either. However, I agree 100% with Robert Torricelli. Trust me I have never agreed with him on anything before. He is however spot on here. I pasted the entire piece he wrote below. It really sums up all of the same concerns we have here is Cranbury. <br /> <br />Well done! <br /> <br />--------------------------------------------------------------------------------------------- <br />Found At: <a href="http://politickernj.com/torricelli/19381/torricelli-coah" target="_blank">http://politickernj.com/torricelli/19381/torricelli-coah</a> <br /> <br />Torricelli on COAH <br /> <br />By Robert Torricelli <br /> <br />Everything that I admire and fear about the Democratic Party was on display this week. The compassion for creating affordable housing and the insensitivity to economic growth were both reflected in the new COAH rules. <br /> <br />New Jersey needs affordable housing. Young workers and people on modest incomes need a place to live and raise their families. We all agree. <br /> <br />The problem is the tragedy of unintended consequences. Previous policy allowed communities with a COAH obligation to send money to other communities with a need to build. It worked very well. Rural communities where we want to stop suburban sprawl would subsidize housing in Jersey City or Elizabeth. Affordable housing was built along mass transit corridors where services were available at more modest costs. Urban areas with sufficient affordable housing were exempt. A consequence of the exemption was that Trenton or Newark didn't impose COAH fees on developers and they achieved a comparative advantage with suburban and rural areas for new development. <br /> <br />All of that is about to change. Rural communities might be forced to actually construct the housing rather than transfer funds to urban areas. The first result is a conflict with the state policy of stopping sprawl. The second would be the relocation of families of modest means to rural and suburban areas where automobiles are the only means of transport. Affordable food and services will all be $4 a gallon away. New fees would be extended to urban developers in some of the state's most distressed cities. Urban developers, already plagued by aging infrastructure and limited parking, would lose their only advantage. <br /> <br />It gets worse. New COAH rules would be extended to nursing homes, hospitals and every new employer constructing a factory or warehouse. The world has turned upside down. The elderly in the final days of their lives will face not only mounting medical bills but absorb COAH fees to subsidize younger workers. Stagnating wages, which have created the inability of workers to afford housing, would be further impacted as new companies either avoid New Jersey or suppress wages to afford the fee. <br /> <br />Is anybody thinking this through?</span></td> </tr> </table></td> </tr> <tr> <td colspan="2" height="1" class="spaceRow"><img src="templates/subSilver/images/spacer.gif" alt="" width="1" height="1" /></td> </tr> <tr> <td width="22%" align="left" valign="top" class="row1"><span class="name"><a name=""></a><b>James</b></span></td> <td class="row1" height="28" valign="top"><table width="100%" border="0" cellspacing="0" cellpadding="0"> <tr> <td width="100%"><img src="templates/subSilver/images/icon_minipost.gif" width="12" height="9" alt="Post" title="Post" border="0" /><span class="postdetails">Posted: Sat, May 10 2008, 7:27 am EDT<span class="gen"> </span> Post subject: Re: Towns mull COAH lawsuit</span></td> </tr> <tr> <td colspan="2"><hr /></td> </tr> <tr> <td colspan="2"><span class="postbody">I disagree with most of Senator Torecelli's positions which is why I am surprised that he and I are on the same page. This definitely presents a scenario where COAH and Sen. Roberts are on the wrong side of the fence. <br /> <br />Between the builders lobby and Gov. Corzine's desire for office in DC the state of NJ is on a dangerous path. Our residents and business have increased sales taxes, no property tax relief and our seniors and low income earners are hurting.</span></td> </tr> </table></td> </tr> <tr> <td colspan="2" height="1" class="spaceRow"><img src="templates/subSilver/images/spacer.gif" alt="" width="1" height="1" /></td> </tr> <tr> <td width="22%" align="left" valign="top" class="row2"><span class="name"><a name=""></a><b>Guest</b></span></td> <td class="row2" height="28" valign="top"><table width="100%" border="0" cellspacing="0" cellpadding="0"> <tr> <td width="100%"><img src="templates/subSilver/images/icon_minipost.gif" width="12" height="9" alt="Post" title="Post" border="0" /><span class="postdetails">Posted: Sat, May 10 2008, 6:10 am EDT<span class="gen"> </span> Post subject: Re: Towns mull COAH lawsuit</span></td> </tr> <tr> <td colspan="2"><hr /></td> </tr> <tr> <td colspan="2"><span class="postbody">AN OPEN LETTER TO THE RESIDENTS OF HANOVER TOWNSHIP CONCERNING <br />THE STATE’S COUNCIL ON AFFORDABLE HOUSING REGULATIONS: <br /> <br />"This past month, the Morris County League of Municipalities sent a letter <br />signed by thirty-seven (37) mayors to the Commissioner of the New Jersey Department <br />of Community Affairs offering constructive criticism to the proposed Third Round <br />Affordable Housing Rules made public on December 17, 2007. In that letter which I <br />signed, the mayors made it clear that the proposed regulations, if adopted, will impose <br />unreasonable requirements upon our municipalities, create unsustainable growth share <br />ratios and impose significant retroactive housing obligations which will undermine efforts <br />to provide reasonable housing accommodations. <br />" <br /><a href="http://www.hanovertownship.com/images/COAH%20Letter.pdf" target="_blank">http://www.hanovertownship.com/images/COAH%20Letter.pdf</a></span></td> </tr> </table></td> </tr> <tr> <td colspan="2" height="1" class="spaceRow"><img src="templates/subSilver/images/spacer.gif" alt="" width="1" height="1" /></td> </tr> <tr> <td width="22%" align="left" valign="top" class="row1"><span class="name"><a name=""></a><b>Guest</b></span></td> <td class="row1" height="28" valign="top"><table width="100%" border="0" cellspacing="0" cellpadding="0"> <tr> <td width="100%"><img src="templates/subSilver/images/icon_minipost.gif" width="12" height="9" alt="Post" title="Post" border="0" /><span class="postdetails">Posted: Sat, May 10 2008, 5:49 am EDT<span class="gen"> </span> Post subject: Re: Towns mull COAH lawsuit</span></td> </tr> <tr> <td colspan="2"><hr /></td> </tr> <tr> <td colspan="2"><span class="postbody">The argument by former senator Torricelli is dead on: <br /> <br /><a href="http://politickernj.com/torricelli/19381/torricelli-coah" target="_blank">http://politickernj.com/torricelli/19381/torricelli-coah</a></span></td> </tr> </table></td> </tr> <tr> <td colspan="2" height="1" class="spaceRow"><img src="templates/subSilver/images/spacer.gif" alt="" width="1" height="1" /></td> </tr> <tr> <td width="22%" align="left" valign="top" class="row2"><span class="name"><a name=""></a><b>news</b></span></td> <td class="row2" height="28" valign="top"><table width="100%" border="0" cellspacing="0" cellpadding="0"> <tr> <td width="100%"><img src="templates/subSilver/images/icon_minipost.gif" width="12" height="9" alt="Post" title="Post" border="0" /><span class="postdetails">Posted: Fri, May 9 2008, 5:32 pm EDT<span class="gen"> </span> Post subject: Towns mull COAH lawsuit</span></td> </tr> <tr> <td colspan="2"><hr /></td> </tr> <tr> <td colspan="2"><span class="postbody">Towns mull COAH lawsuit <br /> <br />By Sean Ruppert and Maria Prato-Gaines, Staff Writers <br />Posted: Friday, May 9, 2008 10:17 AM EDT <br /> <br /> Municipal officials in Cranbury and Monroe may join with the State League of Municipalities in a possible challenge to the state’s new affordable housing rules. <br /> <br /> On Tuesday, the Council on Affordable Housing adopted revised third-round regulations. COAH proposed its new third-round rules on Dec. 17, nearly a year after a state appellate panel invalidated the previous set of third-round rules. The rules were subjected to a public-comment period that ended March 22 and resulted in COAH making amendments, including a reduction in the number of units generated by warehousing. <br /> <br /> Municipal officials around the state had been critical of the rules proposed in December, which more than double the number of required units statewide from 52,000 to 115,000 by 2018. They say the increased population density would lower the quality of life and strain schools. <br /> <br /> Cranbury’s third-round obligation rose from 160 to 469 under the December proposal, leaving officials and residents concerned that local infrastructure would not be able to handle the growth. Township officials said Wednesday that they are calculating how the amendments will affect Cranbury’s affordable housing obligations, Cranbury Township Administrator Christine Smeltzer said. <br /> <br /> To meet its round-one and round-two obligations, the township had to build or plan for 223 income-restricted units. Cranbury met those obligations by negotiating regional contribution agreements, which allowed a municipality to transfer up to half of its state-mandated affordable housing obligations to other communities in its region — Perth Amboy and Carteret — and by building 120 units in the township. <br /> <br /> Monroe officials have not determined how the new rules will affect the township’s requirements. The township was required to provide 178 units in round one and 435 units in round two, some of which are still under construction. To meet the second-round obligation, Monroe paid $2.3 million to New Brunswick to build 115 of those units. <br /> <br /> William Dressel, executive director of the League of Municipalities, said the league is accepting $500 pledges from municipalities interested in signing on to a lawsuit. <br /> <br /> He said the league will not collect money until it makes a formal decision on whether or not a suit is necessary. He expects the decision to come within the next few weeks, as the league reviews amendments that were made by COAH. <br />... <br /><a href="http://www.packetonline.com/articles/2008/05/09/cranbury_press/news/doc48245ba2d656d004326460.prt" target="_blank">http://www.packetonline.com/articles/2008/05/09/cranbury_press/news/doc48245ba2d656d004326460.prt</a></span></td> </tr> </table></td> </tr> <tr> <td colspan="2" height="1" class="spaceRow"><img src="templates/subSilver/images/spacer.gif" alt="" width="1" height="1" /></td> </tr> </table>
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