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[quote="Guest"]I agree James a build out to 10,000 is definetly not an option. We would no longer be Cranbury. We do however need to have a major reduction or elimination of our COAH share as well as have the ability to keep RCA's which we all know are also under attack.[/quote]
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Cranbury Conservative
Posted: Wed, Jul 23 2008, 4:41 pm EDT
Post subject: Affordable Housing in New Jersey: More of our taxes wasted...
It is being reported in various media outlets the New Jersey Meadowlands Commission will be assisting Communities in the Meadowlands with addressing the Council on Affordable Housing’s new rules which went into effect on June 2nd of this year as well as the New Affordable Housing Legislation which was signed by Governor Jon Corzine on July 18, 2008.
"To help assist municipalities with new regulations, the Meadowlands Commission has created an affordable housing task force, which will include local officials and members of the public to assist in the process. Additionally, the commission has set aside up to $45,000 for each Meadowlands municipality to assist in creating a plan for affordable housing in their borough."
"What we're trying to do here is determine what the obligation is and where to put (affordable housing), very specifically to good planning principles," said Robert Ceberio, the Meadowlands commission's executive director. "Planning principles mean close to rail lines, close to bus lines and existing infrastructure."
How is it fair the Meadowlands commission can give away $45,000 of our tax dollars to towns located in their region to help them plan and evaluate the impact of these new rules and regulations and other suburban towns do not have the same access to these or any funds to help them offset their cost?
In my opinion this is just another example of how unjust and unfair these new rules and regulations are to the suburban taxpayers of New Jersey. This is also shows how costly these new rules and regulations are and will be to the taxpayers of New Jersey. Finally it is also demonstrates more waste of our tax dollars in Trenton.
Hopefully everyone is as outraged as I am about this latest development in the fight against COAH and Affordable Housing Legislation in New Jersey.
The entire article can be found at:
http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-11/1216701400136640.xml&coll=1
My Blog:
http://www.cranburyconservative.com
Guest
Posted: Tue, Jul 22 2008, 10:00 am EDT
Post subject: Re: PNC is dead; now let’s address the real issues (Issue #1 COAH…)
The current economy trend is not good for NJ. The financial, telecommunication, and pharmaceutical industries are all down. The empty-nesters are moving to more affordable places. I know I will move to the west coast once my kids are in college.
Cranbury Conservative
Posted: Tue, Jul 22 2008, 9:53 am EDT
Post subject: Re: PNC is dead; now let’s address the real issues (Issue #1 COAH…)
The Official List of who is Destroying New Jersey Through Affordable Housing Rules and Legislation
Below I have started to organized a list of Politicians, Political Party Operatives, and Special Interest Groups who are attempting to destroy suburban towns in New Jersey through the New Affordable Housing Rules (COAH) and Legislation (A-500 / S-1783) which they have all lobbied for and pushed through Trenton without adequate review and debate by both the State Assembly and Senate.
Assembly Speakers Joseph Roberts
http://www.assemblydems.com/memberindex.asp?RosterKey=16
Housing and Community Development Network
http://hcdnnj.org/
Community Investment Strategies
http://www.cisnj.com/
Coalition for Affordable Housing and the Environment
http://www.cahenj.org/
Fair Share Housing Center
http://newark-law.rutgers.edu/mtlaurel/docs/b00002b.pdf
Homes for New Jersey
http://www.homesfornj.com/
Apartment Association
http://www.njaa.com/scriptcontent/index.cfm
New Jersey Manufactured Housing Association
http://www.njmha.org/
Department of Community Affairs
http://www.nj.gov/dca/index.shtml
http://cranburyconservative.blogspot.com/
Cranbury Conservative
Posted: Fri, Jul 18 2008, 9:48 am EDT
Post subject: New Jersey ASSEMBLY DEMOCRATS: A-500: Fact vs. Fiction
Here is the states demoractic leaderships spin on A-500...
A-500: FACT VS. FICTIONFiction: A-500 will increase a town's affordable housing obligations.
FACT: COAH's revised third-round regulations are entirely separate from A-500 and were not voted on by the Legislature. COAH's latest rules increased the affordable housing ratios from one affordable unit for every eight market-rate units to one affordable unit for every four market-rate units for residential construction and from one affordable unit for every 25 jobs created to one affordable unit for every 16 jobs created for nonresidential construction. These ratios were adopted by COAH in early June 2008 and are unrelated to A-500.
Fiction: A-500 will make it more expensive to do business in New Jersey.
FACT: A-500 will make development costs more manageable and predictable than the current COAH framework. Currently, developer fees are negotiated on a town-by-town basis, and can add as much as 10 percent to the cost of a project. Such fees threaten to impede economic development across the state. That is why A-500 implements a flat, statewide 2.5 percent fee. According to the Office of Legislative Services, this fee is expected to generate approximately $164 million annually.
Fiction: The new 2.5 percent nonresidential development fee will not cover the cost of producing the affordable housing generated from nonresidential construction.
FACT: Municipalities have a multitude of options at their disposal to meet their affordable housing obligations, many of which cost a town little or no money. By offering density bonuses and increased set asides, towns can make it possible for private developers to completely subsidize the cost of constructing significant numbers of affordable housing units. Municipalities also can extend expiring affordability controls on already existing affordable housing, at little or no cost. Moreover, COAH offers a package of bonus credits to towns for a variety of housing units, including previously constructed projects.
It is estimated that roughly $150 million derived from developer fees sits idle in municipal affordable housing trust funds statewide. Towns can use this money to "buy down" for-sale, market rate units - a process that can cost as little as $20,000 per unit, substantially less than the cost of constructing an entirely new home. Accessory apartments - such as those over a garage or in the ground-floor of a house - also count toward a town's COAH obligation and can cost as little as $20,000 per unit, too.
Fiction: A-500 will promote sprawl.
FACT: A-500 recognizes that certain regions of the state may not be right for high-density development. Under A-500, municipalities located in the Highlands, Pinelands, Meadowlands, and Fort Monmouth and Atlantic City areas will be able to coordinate to provide affordable housing based upon regional concerns. This will allow the proper balance to be struck with regard to environmental considerations and accessibility to public transportation.
Fiction: A-500 will force towns that don't have sufficient developable land to meet their affordable housing obligations anyway.
FACT: A-500 will codify COAH's vacant land adjustment, which allows towns with a lack of available, developable land to have their affordable housing obligations lowered. COAH regulations currently allow towns to apply for a vacant land adjustment. Memorializing the vacant land adjustment in state law will ensure this tool will continue to assist towns in complying with their obligations. COAH also offers towns the option of applying for durational adjustments, which temporarily absolve towns of affordable housing obligations based on insufficient water and sewer until such infrastructure becomes available.
Fiction: A-500 had no broad base of support.
FACT: A-500 was actively supported by a diverse coalition of mayors, realtors and developers, building and construction trade unions, faith-based organizations, housing advocates, environmentalists, planners, and the business community. All of these groups realized the importance of policy that reinforces the constitutional responsibility of towns to comply with their affordable housing obligations. Equally as important, these stakeholders realized the benefit sound housing policy could have for growing the state's economy and creating good jobs.
Fiction: A-500 will make it more difficult for towns to become COAH-compliant.
FACT: A-500 recognizes that many municipalities have been assigned unrealistic affordable housing obligations under COAH's revised third round rules. That is why the codification of the vacant land adjustment is essential to giving COAH and municipalities the tools they need to manage the impact of the revised third-round rules.
Fiction: COAH's revised regulations ignore the State Plan.
FACT: DCA Commissioner Doria has launched an important effort to revise the State Plan. One of the primary goals of the State Plan is to reconcile differences and conflicts in DCA and DEP regulations, particularly as they relate to the construction of housing and waste-water rules. A draft plan is expected to be unveiled in September, with six public hearings to be held throughout October and November, and final adoption by the State Planning Commission this December.
Fiction: A-500 is the final word on affordable housing reform by the Legislature.
FACT: The administration and Assembly and Senate leadership will hold a series of meetings over the coming months with key stakeholders to receive input on round-three concerns. Together, we will address concerns without comprising the constitutional obligation that every town has to provide affordable housing.
http://www.politickernj.com/jsverapa/21596/assembly-democrats-500-fact-vs-fiction
And here is my take on it....
[size=12]Friday, July 18, 2008
A Suburban Taxpayers view of A-500: FACT VS. FICTION…
Below I have taken the New Jersey Assembly Democrats “Facts” which I consider Fiction and added what I consider to the be the real Facts for the suburban taxpayers of New Jersey.
Fact: A-500 will add a huge financial burden to the middle class taxpayers of New Jersey and works hand in hand with COAH’s third round rules to add additional costs to an already unfair and unbalanced affordable housing system in New Jersey.
Fiction (New Jersey Assembly Democrats say): “COAH's revised third-round regulations are entirely separate from A-500 and were not voted on by the Legislature. COAH's latest rules increased the affordable housing ratios from one affordable unit for every eight market-rate units to one affordable unit for every four market-rate units for residential construction and from one affordable unit for every 25 jobs created to one affordable unit for every 16 jobs created for nonresidential construction. These ratios were adopted by COAH in early June 2008 and are unrelated to A-500.”
Fact: A-500 will add additional bureaucracy through a new State Agency called the State Housing Commission which will then administer the new affordable housing trust fund which will acquire its funding through a 2.5% tax on New Jersey Business development. According to many experts this new tax on New Jersey business will not be enough to cover new affordable housing costs which will then burden already financially stressed suburban communities to make up the difference. As a result A-500 adds unfair and unneeded taxes all while growing the size of State Government.
Fiction (New Jersey Assembly Democrats say): “A-500 will make development costs more manageable and predictable than the current COAH framework. Currently, developer fees are negotiated on a town-by-town basis, and can add as much as 10 percent to the cost of a project. Such fees threaten to impede economic development across the state. That is why A-500 implements a flat, statewide 2.5 percent fee. According to the Office of Legislative Services, this fee is expected to generate approximately $164 million annually.”
Fact: Through this new legislation the New Jersey Democrats have pandered to the Home Builders of New Jersey, Local Trade Unions, and other special interest groups all at great cost to the middle class suburban tax payers of New Jersey. Any new fees and estimates which are used to calculate a towns “Fair Share” and “Cost” is unrealistic and the numbers used have no merit and leave local municipalities with no option other then costly litigation at this time to fight this unjust legislation.
Fiction (New Jersey Assembly Democrats say): “Municipalities have a multitude of options at their disposal to meet their affordable housing obligations, many of which cost a town little or no money. By offering density bonuses and increased set asides, towns can make it possible for private developers to completely subsidize the cost of constructing significant numbers of affordable housing units. Municipalities also can extend expiring affordability controls on already existing affordable housing, at little or no cost. Moreover, COAH offers a package of bonus credits to towns for a variety of housing units, including previously constructed projects. It is estimated that roughly $150 million derived from developer fees sits idle in municipal affordable housing trust funds statewide. Towns can use this money to "buy down" for-sale, market rate units - a process that can cost as little as $20,000 per unit, substantially less than the cost of constructing an entirely new home. Accessory apartments - such as those over a garage or in the ground-floor of a house - also count toward a town's COAH obligation and can cost as little as $20,000 per unit, too.”
Fact: The new A-500 legislation goes against years of smart growth and planning by suburban municipalities in which farm and open space preservation have been achieved.
Fiction (New Jersey Assembly Democrats say): “A-500 recognizes that certain regions of the state may not be right for high-density development. Under A-500, municipalities located in the Highlands, Pinelands, Meadowlands, and Fort Monmouth and Atlantic City areas will be able to coordinate to provide affordable housing based upon regional concerns. This will allow the proper balance to be struck with regard to environmental considerations and accessibility to public transportation.”
Fact: The A-500 legislation does way with Regional Contribution Agreements which have allowed suburban municipalities to achieve smart growth and allow for open space preservation all while at the same time sending affordable housing dollars to where they are needed. By sending affordable housing dollars to the urban areas of New Jersey where people with affordable housing would have access to mass transportation and access to jobs in areas served by mass transportation.
Fiction (New Jersey Assembly Democrats say): “A-500 will codify COAH's vacant land adjustment, which allows towns with a lack of available, developable land to have their affordable housing obligations lowered. COAH regulations currently allow towns to apply for a vacant land adjustment. Memorializing the vacant land adjustment in state law will ensure this tool will continue to assist towns in complying with their obligations. COAH also offers towns the option of applying for durational adjustments, which temporarily absolve towns of affordable housing obligations based on insufficient water and sewer until such infrastructure becomes available.”
Fact: A-500 was ONLY supported by the Democratic Party of New Jersey and their political supporters, specifically Trade Unions, Builders, lobbyists and Democratic Party operatives all who will all have personal financial gain through this legislation.
Fiction (New Jersey Assembly Democrats say): “A-500 was actively supported by a diverse coalition of mayors, realtors and developers, building and construction trade unions, faith-based organizations, housing advocates, environmentalists, planners, and the business community. All of these groups realized the importance of policy that reinforces the constitutional responsibility of towns to comply with their affordable housing obligations. Equally as important, these stakeholders realized the benefit sound housing policy could have for growing the state's economy and creating good jobs.”
Fact: A-500 in combination with the new COAH third round rules place impossible to obtain affordable housing goals on the suburban municipalities of New Jersey. Further the Democratic Leadership in New Jersey intends to fast track all obligations to be settled by December 31, 2008 in an effort to force the suburban municipalities of New Jersey to comply.
Fiction (New Jersey Assembly Democrats say): “A-500 recognizes that many municipalities have been assigned unrealistic affordable housing obligations under COAH's revised third round rules. That is why the codification of the vacant land adjustment is essential to giving COAH and municipalities the tools they need to manage the impact of the revised third-round rules. “
Fact: A-500 and COAH’s third round rules go against all smart growth plans which the State of New Jersey has developed to this point in time.
Fiction (New Jersey Assembly Democrats say): “DCA Commissioner Doria has launched an important effort to revise the State Plan. One of the primary goals of the State Plan is to reconcile differences and conflicts in DCA and DEP regulations, particularly as they relate to the construction of housing and waste-water rules. A draft plan is expected to be unveiled in September, with six public hearings to be held throughout October and November, and final adoption by the State Planning Commission this December. “
Fact: A-500 is a mandate from the Democratic party of New Jersey which will not be changed unless challenged through the court systems at great cost to the taxpayers first from the cost to their suburban municipalities and then as a double whammy then these same suburban taxpayers are forced to foot the states legal bills.
Fiction (New Jersey Assembly Democrats say): “The administration and Assembly and Senate leadership will hold a series of meetings over the coming months with key stakeholders to receive input on round-three concerns. Together, we will address concerns without comprising the constitutional obligation that every town has to provide affordable housing.”
(Fiction Source: New Jersey Assembly Democrats New Release from,
http://www.politickernj.com/jsverapa/21596/assembly-democrats-500-fact-vs-fiction
)
My Blog
http://cranburyconservative.blogspot.com/2008/07/suburban-taxpayers-view-of-500-fact-vs.html
Guest
Posted: Thu, Jul 17 2008, 3:51 pm EDT
Post subject: Re: PNC is dead; now let’s address the real issues (Issue #1 COAH…)
Wow - great news! Roberts says that [affordable housing obligations will be] "determined honestly and accurately." I guess there must be another piece of legislation and new rules coming that I have yet to see!
I wish my sarcasm translated into emails....
This reinforces my feeling that we need credible data to refute the nonsensical data COAH is using. The warehouse job census TC initiated is a piece of this.
Cranbury Conservative
Posted: Thu, Jul 17 2008, 3:23 pm EDT
Post subject: July 16, 2008 Assembly Speaker ROBERTS OUTLINES NEXT STEPS ON AFFORDABLE HOUSING
Press ReleaseROBERTS OUTLINES NEXT STEPS ON AFFORDABLE HOUSING
By droseman - July 16, 2008 - 3:24pm
Release Date: Jul 16 2008
ROBERTS OUTLINES NEXT STEPS ON AFFORDABLE HOUSING
Speaker Says Towns Need Guarantee of Honest and Realistic Fair Share Obligations
(TRENTON) - Assembly Speaker Joseph J. Roberts, Jr., today outlined a series of steps to further promote affordable housing opportunities across the state while protecting towns against unfair and unrealistic housing assignments.
"Now that New Jersey has grabbed the issue of affordable housing by the horns, we cannot let go," said Roberts (D-Camden). "State officials, local leaders, and the business and housing advocacy communities have begun a dialogue that is changing New Jersey's affordable housing landscape for the better. This broad partnership must continue."
Roberts is prime sponsor of legislation (A-500) that will overhaul the state's affordable housing laws for the first time in more than two decades, removing roadblocks that have allowed many communities to ignore their obligation to provide affordable housing. Governor Corzine is scheduled to sign the legislation tomorrow.
Roberts outlined three areas where he said significant advances in affordable housing policy can be made in the short-term:
Use the State Plan as a Vehicle for Reform. Roberts noted that state Community Affairs Commissioner Joseph Doria has initiated a proactive effort to use the State Plan to reconcile differences in DCA and DEP regulations in areas that relate to housing. Roberts said Commissioner Doria has produced a timetable that could see final adoption of new regulations by the State Planning Commission in December.
Ensure Realistic Fair Share Assignments. Roberts said legislative leaders and administration officials must undertake a series of stakeholder meetings over the coming months to receive input on round-three concerns.
Allow Towns to Appeal Unrealistic Housing Assignments. Roberts proposed utilizing the legislative Joint Committee on Housing Affordability and the newly created State Housing Commission to review issues related to the implementation of A-500 and other COAH round-three rules.
Roberts said state and local officials need to work diligently to ensure fairness and adequacy in the rules governing the provision of affordable housing.
"This multi-pronged approach can efficiently and effectively complete the task of creating an affordable housing roadmap that is fair to working families and the communities where they live," said Roberts. "No one is going to be able to walk away from their responsibility to provide affordable housing, but we need to make sure that responsibility is determined honestly and accurately. The Legislature already has removed the most significant roadblocks standing in the way of affordable housing. Now, we need to ensure the entire path is level."
Found At:
http://www.politickernj.com/droseman/21556/roberts-outlines-next-steps-affordable-housing
Guest
Posted: Thu, Jul 17 2008, 1:54 pm EDT
Post subject: Re: PNC is dead; now let’s address the real issues (Issue #1 COAH…)
Thanks for posting this (as well as your other posts with information!)
Cranbury Conservative
Posted: Thu, Jul 17 2008, 9:17 am EDT
Post subject: Re: PNC is dead; now let’s address the real issues (Issue #1 COAH…)
The New Jersey State League of Municipalities has released its Seven fatal flaws of COAH Regulations.
The list is as follows:
1. Negative and overwhelming burdens on the taxpayer in violation of the Fair Housing Act, which specifically provides that a municipality shall not be required to raise or expend municipal revenue in order to provide low and moderate income housing.
2. Unjustified and unsupportable adjustments to the first and second round numbers, which result in unachievable obligations for many municipalities.
3. Third round growth share obligations are based upon unreliable and inaccurate information and exaggerated projections which result from false and unsupportable assumptions in the expert reports relied upon by COAH.
4. The exaggerated third round growth share obligations are allocated based upon false and inaccurate vacant land analysis and speculative residential and non-residential growth patterns, which ignore unusable land and levels of low and moderate income households anticipated to be created through 2018.
5. The Third Round allocated obligations ignore the State Development and Redevelopment Plan and all aspects of Smart Growth and open space conservation.
6. Full compliance with the third round obligations is unachievable, but will nonetheless subject municipalities to excessive market rate housing to subsidize the inaccurate projections of low and moderate income housing.
7. The implementation of the regulations will hinder rather than promote the production of low and moderate income housing for the low and moderate income citizens in the State of New Jersey, now and in the future.
The list can be found on-line at:
http://www.njslom.org/COAH-7-fatal-flaws.pdf
http://cranburyconservative.blogspot.com/2008/07/new-jersey-state-league-of.html
Historically Fiscal
Posted: Wed, Jul 16 2008, 11:16 pm EDT
Post subject: Re: PNC is dead; now let’s address the real issues (Issue #1 COAH…)
And Corzine suppose to have a finance degree?? This doesn’t make sense even to me without one.
WHO BUILDS A PRODUCT THAT they later have to sell at a loss? NJ GOVERNETMENT DOES
In the worst realestate economy in 30years, it is Gov Corzine's bright idea to double the COAH houses built in NJ despite the glut of inventory in NJ.
despite all the vacant building and blocks of empty lots in urban, Trenton, Newark, Camden, etc.
despite the falling prices of existing homes and record number of ForSale Signs.
despite the rising Construction and Transport costs because of the oil situation right now.
despite the layoffs of NJ workers (taxpayers)
despite the NJ businesses moving away altogether (i.e. Arm & Hammer leaving NJ for PA)
despite the depreciation of building COAH homes (and schools) in a depreciating market means that he's paying more for something that will be sold for less - All at our NJ TAXPAYER expense.
This is his idea of helping the hard working taxpayers of NJ??
Throw the bum out and all his supporters out of NJ government - its a mess we have in NJ, you know we are throwing craps with the last 3 governors from NJ and the political party backing them. I could never have guessed that Corzine would continue the slide, its time to change things in NJ State politics.
To me it looks like the builders lobby and construction unions are pulling Corzines strings. No fiscally minded Governor in any other state would be spending money like this right now, they are all cutting back like most reasonable amoung us. Even the large corporations and federal governments are - even international governments and corps are cutting back to prep for hard times.
BUT NO CORZINE HAS THIS ALL FIGURED OUT FOR NJ
LETS TAX AND SPEND - TAX AND SPEND - TAX AND SPEND
TAX TAX TAX AND SPEND
Let us all sing along you NJ Democratic Legislators just like mocking birds
LETS TAX AND SPEND NJ - LETS TAX AND SPEND NJ - LETS TAX AND SPEND NJ - LETS TAX AND SPEND NJ - LETS TAX AND SPEND NJ - LETS TAX AND SPEND NJ - LETS TAX AND SPEND NJ - LETS TAX AND SPEND NJ - LETS TAX AND SPEND NJ - LETS TAX AND SPEND NJ
so take the time learn what your NJ representatives are doing for you, your family and your state.
As a smart man said once:
"An educated consumer is my best customer"
become educated in NJ politics
Guest
Posted: Wed, Jul 16 2008, 1:51 pm EDT
Post subject: Re: PNC is dead; now let’s address the real issues (Issue #1 COAH…)
NJ has the highest population density in the US already.
NJ does not need population growth.
NJ needs fiscal responsibility.
NJ needs politicians and state officials with integrity, not corrupted officials.
Cranbury Conservative
Posted: Wed, Jul 16 2008, 12:51 pm EDT
Post subject: Re: PNC is dead; now let’s address the real issues (Issue #1 COAH…)
According to the web site below Governor Corzine will be in mount laurel to sign A-500 / S-1783 tomorrow...
http://www.hcdnnj.org/
And then their is this...
CORZINE CALLS ECONOMY A CRISIS, GROWTH THE SOLUTION
ATLANTIC CITY - It's bad and getting worse, so says Governor Corzine about the nation's financial status.
On the same day he was named to head the Economic Committee of the National Governor's Association, Corzine says, the economy is hitting a "crisis point."
He spoke to union workers in Atlantic City this morning, promising to do all he can to keep New Jersey's economy moving forward.
"This whole economy could collapse, I think it's very, very close to that now," says William Mullen, President of the N.J. State Building and Construction Trades Council.
"I think we're almost in a 'recessionary' time in New Jersey, the unemployment is mounting."
State leaders point out gas prices are up, foreclosures are up, inflation is up, healthcare costs are up and so are the national and state debts.
"There is major erosion of the economic wealth of the country going on," says Corzine.
The lot where the Sands Casino once stood is a sign of how economic stress can slow down progress.
Pinnacle Entertainment has said they are delaying groundbreaking until financial markets become more favorable.
But in New Jersey, leaders say the state has to keep growing now, instead of waiting for changes in federal policy.
Today at the 104th Convention of the Trades Council, Corzine ceremoniously signed the recently approved school construction bill that could create more than 5 billion dollars worth of improvements to the education system.
Corzine says spending money on construction for projects like schools and especially transportation, will stimulate job growth in the immediate future and invest long term in better quality of life.
"We need to do everything for NJ to grow, I don't think we can wait around for Washington to act, if we wait around for Washington it's very possible that nothing will happen," says Corzine.
Growth anywhere may be difficult with banks not lending like they used to, but labor groups say now is the time for bold steps.
Mullen says, "I believe the construction industry drives the economy, if we're building things, people are working."
Found at:
http://www.nbc40.net/view_story.php?id=6200
And I guess he believes the new Affordable Housing rules will help the situation here in New Jersey?
Guest
Posted: Wed, Jul 16 2008, 12:31 pm EDT
Post subject: Re: PNC is dead; now let’s address the real issues (Issue #1 COAH…)
Ironic? Mt. Laurel appeals housing rules
MOUNT LAUREL — Township council has authorized a court appeal of new statewide affordable housing regulations that local officials say requires building four times the number of affordable units in the township's approved plan.
Calling the latest state Council on Affordable Housing rules "preposterous" and costly to taxpayers, Mayor John Drinker said the new figure for new low- to moderate-income housing units would jump from the now planned 226 additional units through the year 2014 to more than 1,000 units.
"Our quality of life is being threatened," he said in a press release announcing the council action.
In an interview Tuesday, he said he feared the new rules would require building on preserved open space or building high rises.
Affordable housing rules in New Jersey resulted from two court decisions -- Mount Laurel I and Mount Laurel II -- following an original lawsuit filed against the township in 1971 by local residents who sought rezoning from one-acre lots to allow affordable apartments for poor African-American tenant farmers in the Springville section.
On Monday night, council took a straw vote in an executive session directing solicitor Chris Norman to file a lawsuit against COAH with the New Jersey Superior Court Appellate Division. Norman said a public vote is not required.
Drinker said this lawsuit will be in addition to the New Jersey State League of Municipalities lawsuit filed Tuesday, which the township has also joined.
The COAH rules adopted in June raise the number of affordable units in a municipality from one for every eight new homes built to one for every four homes. In addition, the rules increase the number of affordable units for job creation within a municipality from one for every 25 jobs to one for every 16 jobs.
Drinker said a separate lawsuit would better address Mount Laurel's circumstances as a municipality that has been constitutionally compliant with its affordable housing obligation since 1985.
"Mount Laurel's evolution over the last 40 years makes the new regulations very difficult for the township's taxpayers and will require Mount Laurel to become more intensely developed residentially than our voters have directed," Drinker said.
He also said the township has far less developable land than it had 30 years ago and that preserved land bought with township tax dollars and state Green Acres money may also be in jeopardy for development under the new COAH rules.
Township population has grown from 11,000 in 1971 to approximately 45,000 today.
Norman said the new COAH rules are improper because they are retroactive to 2004, would change already approved housing quotas, would affect zoning and would increase service costs like police, fire protection and roads.
If a municipality does not have an approved plan by COAH or the Superior Courts as Mount Laurel has had for more than 20 years, it is subject to a "builder's remedy." That allows builders to sue towns, overturn local zoning and build more homes per acre so that they can also build a small number of affordable units.
"The new state regulations in effect impose a builder's remedy against the township or any municipality merely by increasing the required density for affordable housing to one for every four new homes," he said.
Reach Carol Comegno at (609) 267-9486 or
ccomegno@courierpostonline.com
http://www.courierpostonline.com/apps/pbcs.dll/article?AID=/20080716/NEWS01/807160375/-1/newsfront2
Cranbury Conservative
Posted: Wed, Jul 16 2008, 10:26 am EDT
Post subject: Re: PNC is dead; now let’s address the real issues (Issue #1 COAH…)
It was announced in a press release yesterday from the New Jersey League of Municipalities they had filed an appeal with the Appellate Division of the New Jersey Superior Court. This action is to appeal the regulations which were adopted by the New Jersey Council on Affordable Housing (COAH) on June 2nd.
In the press release League President Robert Bowser, Mayor of the City of East Orange said, "The League of Municipalities supports the provision of affordable housing. Our actions today are not meant to hinder the production of affordable housing. On the contrary, the local leaders here today can testify to the hard work that they and their colleagues do to make their communities affordable.” We support affordable housing. We support sound planning, the State Plan and home rule. And we believe none of these are mutually exclusive."
League of Municipalities Executive Director Bill Dressel went on to say in the press release: "The League's challenge has nothing to do with the recent passage of legislation regarding affordable housing. If the Legislature had not approved A-500, we would still be here today. "We are challenging the validity of the COAH regulations. This is an administrative challenge, not a legislative one."
The entire press release can be found at:
http://www.njslom.org/COAH-challenge.html
http://cranburyconservative.blogspot.com/2008/07/coah-new-jersey-league-of.html
Guest
Posted: Wed, Jul 16 2008, 10:20 am EDT
Post subject: Re: PNC is dead; now let’s address the real issues (Issue #1 COAH…)
You raise good points. I don't understand why the Trenton Times gives so little coverage to Cranbury. I understand we're small, but every town around us is reported when something happens even at a small level.
more Mayors Join Suite
Posted: Tue, Jul 15 2008, 10:55 pm EDT
Post subject: Re: PNC is dead; now let’s address the real issues (Issue #1 COAH…)
Good quotes from both Mayor of South Brunswick and Old Bridge Mayor, I hope to see a quote soon from Cranbury's TC and maybe even something about Tom P. about his switch to independent as a signal to party politics/COAH. Cranbury has been quite silent in the bigger press except when we're attacked. Why doesn't the Times/Star Ledger report on our local PR? only the negative against Cranbury, we are loosing the PR war on this, I fear.
Quote:
TRENTON —Saying state officials used faulty reasoning in determining how much affordable housing towns should build, the New Jersey State League of Municipalities filed a legal challenge Tuesday to new affordable-housing rules that double the number of units state officials hope will be built.
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A group of mayors supporting the lawsuit complained that the rules force development on land dedicated for open space and will compel them to cram housing into built-out towns.
"It flies in the face of logic, it flies in the face of open space (policy), it flies in the face of (farmland) preservation," said Old Bridge Mayor James T. Phillips.
"This legislature has gone mad. They've increased taxes, cut subsidies to municipalities, forcing them to raise taxes — now they want us to build high-rises on farmland. They've gone mad," he said.
"This thing is poorly done, poorly organized," said South Brunswick Mayor Frank Gambatese. "We have already indicated to the League of Municipalities that we will join the lawsuit. It is unfair to townships who believe in affordable housing.
"We would be going from 600 units to 1,400 units," Gambatese said. "That is really difficult to comply with. The biggest impact is what it does to businesses in the community. It's not a simple issue here . . . Many mayors are very concerned with this new obligation. It's not because we don't believe in affordable housing. We cannot meet this obligation. It would be a tremendous impact on our schools, our roads and our business community."
COAH was asking commercial developers to contribute 2.5 per cent to the municipality to go toward building affordable housing. If the money wasn't used in four years, it would go to the state.
Gambatese said such measures could drive businesses to states like Pennsylvania. He also indicated that South Brunswick is only half built with 12,000 acres of open space, so it would have more serious implications there than in fully built up towns.
Franklin Mayor Brian Levine said he supported the league's efforts, based in part on his belief that affordable housing was "a good idea with a terrible implementation."
"I think affordable housing is a good concept, which needs to be done, but you have to have a common sense in how you're going to implement it," he said.
He said implementation is difficult because the affordable housing guidelines are "convoluted" and require the township to hire expensive consultants to decipher them.
"The state makes rules, and we can't even confirm them . . (without) spending tax-payer money to figure out how many units to build," Levine said.
Phillips said the new COAH rules would do two things: force development in towns that don't want it, and increase the cost of commercial development.
"It's a bad law," he said. "Where housing should occur is where the infrastructure can support it. We don't want to put in any more streets or water lines, sewer lines, electrical lines. We don't want to build more schools."
Phillips, who said Old Bridge has given the League of Municipalities money to help with the lawsuit, added that the township is 42 square miles, "and doesn't have a train or bus transportation system. If you build affordable housing for people who don't own cars, there's no way for them to get around. We simply do not have the type of infrastructure to support the type of high-density housing that the state is asking us to build.
"I'm not looking to put up four- and five-story apartment buildings in Old Bridge, and that's what this new law is pointing to. We recognize that communities have an obligation to provide housing for those who need it. But not thousands of units."
Edison Mayor Jun Choi had earlier said the proposed COAH requirements are onerous and will interfere with the township's economic revitalization plan. He said Edison is already 600 units behind as of the previous round of affordable-housing obligations, and that there is very little incentive for implementing the new standard.
The league's lawyer, Edward J. Buzak, said the state made several errors when determining municipalities should plan for 115,000 more affordable units statewide by 2018. Originally they had estimated 52,000, but a similar legal challenge by housing advocates who disagree with the league got a court to order a new calculation.
"The numbers, the calculations, the allocations that have been made to the municipalities are based upon faulty, flawed and invalid and inaccurate data," Buzak said of the higher figure. "When you begin with that inaccurate data and then build your regulations on top of it, the end result is incredibly inappropriate."
Department of Community Affairs Commissioner Joseph Doria Jr. said the numbers were derived from the most recent data available and towns only need to meet their quotas if market-rate development occurs.
"It's only a planning process, it's not an actual development process," Doria said. "It's like you plan for a lot of things, like we plan for a terrorist attack — hope it never happens, but how do you get yourself ready to deal with that? It's the same basic concept, you're planning, but you're hoping that — I'm not hoping, I want to see affordable housing built, but they're probably hoping they never have to build one unit."
Kevin Walsh, of the Fair Share Housing Center, said the challenge is nothing more than municipalities rejecting affordable housing.
"New Jersey is in an affordable housing crisis, and the league's lawsuit is just simply the most recent statement that they're opposed to affordable housing," Walsh said. "We expect that the court will reject their arguments as they have rejected municipal arguments about the numbers being too high for the past three decades."
The mayors said they don't oppose affordable housing but are challenging the way the state drew up its rules.
"This is an administrative challenge, not a legislative one," said East Orange Mayor Robert Bowser, the league president.
Some 169 municipalities in all 21 counties have pledged $500 each to support the suit, which isn't expected to be resolved before fall.
The filing has no impact on the affordable-housing legislation that Gov. Jon S. Corzine is expected to sign Thursday. That measure would ban regional contribution agreements — the process in which wealthy towns pay poorer ones to take their obligations. The league opposes the ban but has not taken legal steps to challenge it.
"We've been handicapped by elimination of options to provide for that housing," Plainsboro Mayor Peter Cantu said.
Contributing: Staff writers Shari Garretson, Joshua Burd, and Christine Sparta
Cranbury Conservative
Posted: Tue, Jul 15 2008, 10:53 am EDT
Post subject: Re: PNC is dead; now let’s address the real issues (Issue #1 COAH…)
Another group we need to be aware of in the COAH / Affordable
Housing fight:
http://www.hcdnnj.org/
Here is an editorial piece from one of their operatives:
New law strengthens
Tuesday, July 15, 2008
BY ARNOLD COHEN
H opewell Township committeeman David Sandahl, in his op-ed "Affordable housing -- another N.J. fiscal crisis?" (June 12), on the reforms to the state housing law, omits some key factors from his alarming projections of property-tax hikes to pay for future affordable housing -- factors that make such projections much less alarming.
Mr. Sandahl, also a member of the township's planning board, fears that eliminating regional contribution agreements and capping commercial construction fees at 2.5 percent -- which the housing reform bill recently passed by the state Legislature does -- will leave Hopewell Township and all the towns of New Jersey unable to pay for the amount of affordable housing Gov. Jon Corzine says we need unless, Mr. Sandahl declares, the burden falls on the taxpayer.
The councilman uses fuzzy math to make his point. He says the 2.5 percent commercial fee is insufficient to cover the cost of affordable housing required by commercial growth. But the standardized commercial fee makes up only one facet of how a town can afford affordable housing. The councilman ignores the other factors.
One of those factors is growth itself. The number of affordable units a town is obliged to build is not dependent on how many total units the governor thinks New Jersey needs, as Mr. Sandahl implies. A town's responsibility for affordable housing depends solely on how much the town grows. New residential construction triggers a 20 percent obligation for affordable units, leaving 80 percent at market rate. On the commercial side, 16 new jobs trigger an obligation of one affordable unit.
Mr. Sandahl says the commercial growth obligation saps funds, but says nothing of revenues from new ratables that would lessen the residential tax burden. For example, Hopewell has recently become headquarters for Merrill Lynch -- 1.7 million square feet of office space on 450 acres. There are affordable-housing obligations attached to such growth, as there should be. There are also increased tax revenues, market-rate residential growth and ancillary economic growth for the township. Mr. Sandahl omits these economic benefits, including approximately $7.5 million in annual property taxes.
He also ignores what would happen to growth in New Jersey if towns were allowed to go on charging businesses whatever developer fees they can negotiate. A predictable 2.5 percent commercial fee is helpful to economic development. Moreover, to have the fee go directly to towns that comply with Council on Affordable Housing (COAH) rules is an incentive for towns to plan for comprehensive smart growth -- growth that factors in market-rate and affordable housing, as well as commerce, transportation, education, labor, quality of life and the environment.
Another key factor missing from the committeeman's logic is municipal planning. For the past decade, COAH's rules were in regulatory limbo, although it remained clear that the state constitutional right to affordable housing was not being revoked. Meanwhile, Hopewell Township and the state were growing. How is it that municipal planners did not see some sort of affordable-housing obligation coming their way? Municipalities certainly had plenty of warning, as well as the means to plan for their fair share.
Hopewell has met its obligations for previous COAH rounds -- those assigned prior to 1999. Yet, in doing so, the township has not produced any affordable family rental units, which are precisely the places most needed in a growing town for its lower-income working families. Hopewell has not planned well enough to meet the demands of its own growth.
The township could rezone an area for higher density, attracting developers willing to supply the 20 percent affordable component for the opportunity of building more market-rate units, costing residents nothing. Hopewell Township could work with nonprofit developers, using commercial developer fees as seed money to leverage state and federal housing funds for affordable developments. While there is not as much state and federal money as there should be, there is some. Hopewell could use a part of that money to provide incentives for homeowners to create accessory apartments or to help low-income owners and landlords of low-income tenants to fix code violations and improve their properties.
Hopewell Township is growing because large businesses are moving in. Not everyone employed by large businesses is highly paid. Also, hand-in-glove with large business enterprises come smaller business enterprises -- service industries of every stripe, with predominantly low-paying jobs.
Where does Mr. Sandahl think the people of low and moderate income who work in Hopewell should live? He says he agrees that the state should provide "sound, affordable housing for low- and moderate-income households." He says "affordable living places for police officers, teachers, firefighters, growing families and senior citizens are essential to every community." But he stops there, omitting people of lower paying jobs. Unfortunately, Mr. Sandahl does not recognize that low-income workers -- dispatchers, school bus drivers, librarians, health aides, etc. -- are also essential to the community. The new law requires that Hopewell provide local housing opportunities for these working people, now that the town has grown, and whenever it chooses to grow in the future.
The state Legislature, by passing the bill, and Gov. Corzine, by signing it -- which he will do Thursday -- are standing up for low- and moderate-income families. If Mr. Sandahl were truly for "sound, affordable housing," as he claims, he'd be supporting the new law, not bashing it.
Arnold Cohen is policy coordinator for the Housing and Community Development Network of New Jersey.