From the Association of
Municipal Planning Project
ANJEC Highlands Herald
October 2009
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to dpeifer@anjec.org
Highlands municipalities considering conformance should be aware of two significant actions taken by the Council on Affordable Housing (COAH) on August 12. http://www.state.nj.us/dca/affiliates/coah/regulations/highlands.html
1. Waiver from COAH's Third
Round Growth Projections.
Towns that have submitted "Notices of Intent" to conform the entire
municipality to the Highlands Regional Master Plan (RMP) may now use the Highlands
Municipal Build-out Report numbers (from "Module 2, "Highlands Build-Out
Analysis") to calculate their affordable housing need. Housing obligations
based on residential and non-residential certificates of occupancy issued
between 2004 and 2008 must also be included. This process will result in
an "RMP Adjusted Highlands Growth Projection" that generally will
be lower and, importantly, in harmony with the municipality's sewer capacity,
water supply capability, and natural resource constraints. (See below, "Module
3").
2. Extension of Filing Deadline
COAH previously required towns that had filed their Notices of Intent to submit
their new Housing Element of their Master Plan and their Fair Share Plans
by Dec. 8, 2009. Municipalities now have another six months, until June
8, 2010, to prepare and submit these documents.
Despite the recent COAH deadline extension for filing the required Affordable Housing component of conformance, the statutory deadline for filing a petition for conformance with the Highlands Council in the Preservation Area remains Dec. 8, 2009. However, to use the generally lower Highlands Build-Out numbers, a municipality all or partly in the Preservation Area that has filed a Notice of Intent to conform the entire municipality must also adhere to this date. The municipalities must accomplish a great deal of work between now and December, culminating with the filing of a Petition for Conformance with the Highlands Council. Commissions should obtain the Conformance Guidelines from the Highlands Council at: www.highlands.state.nj.us/njhighlands/master/highlands_plan_conformance_guidelines.pdf.
Because the Highlands Council is administering conformance on a rigid schedule, it involves primarily municipal experts (planner, engineer, attorney). It is essential that commissions develop and maintain good communication with your municipal experts.
Working in conjunction with municipal
professionals and in some cases with appointed Highlands work groups, the
Council has prepared Highlands Build-Out Reports for 42 individual municipalities.
These reports calculate the total build out in both residential and non-residential
categories for the municipality under the Highlands Regional Master Plan.
These numbers are contained on Table 4 in each report. In some cases (4 towns),
usually due to hard work by a Highlands working group, the initial reports
are being modified. However, a total of 38 reports and “supporting documents”
have been posted on the Council’s website at www.highlands.state.nj.us/njhighlands/planconformance/buildoutreports.html.
You can view or download
your municipal report at this address.
It is important to remember that
New Jersey municipalities must provide affordable housing within the framework
of comprehensive planning. The Highlands conformance process involves much
more than compliance with affordable housing requirements. However, each conforming
municipality does have an obligation to provide a realistic opportunity for
affordable housing that is demonstrated in its Housing and Fair Share Plan.
In cooperation with COAH, the Highlands Council has also issued “Module 3:
Housing Element and Fair Share Plan Instructions.” This document may be found
at (http://www.highlands.state.nj.us/njhighlands/planconformance/Module_3_instructions_final_082009.pdf).
If your municipality filed a Notice of Intent to conform the entire municipality,
you now have until June 8, 2010 to complete your plan and may use the build-out
numbers as a basis for calculating your overall obligation.
This document contains 13
sections. Commissions are urged to read the entire document. Two sections
of specific concern to municipalities and environmental commissions are:
Note RMP Objective 608a (p.200). This objective intends that housing plans include an evaluation of designated but as yet un-built affordable housing sites to determine if RMP resource protection standards restrict the proposed development(s). If sites are restricted, municipalities are to provide “alternate mechanisms” to address affordable housing obligations. A summary of these “prior round sites” is due Dec. 8, 2009 (see below, Schedule).
The RMP also specifies that: “Affordable housing (with the affordable component greater than 10%) is to be given the highest priority for available water supply. (Objectives 2B4a, 2B4b, 2J4c). This is especially critical where water supply deficits or system limitations exist. Determining how this allocation is to be made is a major concern.
No later than June 8, 2010
Recent legislative changes to the NJ Fair Housing Act (A-500, the “Roberts Bill”) removed the ability of municipalities to enter into Regional Contribution Agreements (RCAs). An RCA allowed one municipality in a housing region to make cash contributions to another municipality that uses the funds to provide affordable housing. These agreements played an important part as municipalities without sewer and water infrastructure transferred obligations through cash payments to other municipalities.
Importantly, the legislation continued to allow transfers within regions covered by regional plans, such as the Pinelands and the Highlands. The Highlands Council and COAH have been working to create guidelines for municipalities in the Highlands.
On Sept. 9, 2009, COAH adopted guidelines for this program (www.state.nj.us/dca/affiliates/coah/regulations/thirdroundregs/rahdp.pdf). The new program will be called the Regional Affordable Housing Development Program (RAHDP). The guidelines allow a Highlands municipality to transfer up to 50% of its affordable housing obligation to another municipality in the Highlands region. Obligations cannot be transferred to “Urban Aid” municipalities or to an “Abbott” municipality. Phillipsburg (Warren Co.) is the only such municipality in the Highlands.
The adopted guidelines provide:
Municipalities seeking either to “send” units or to “receive” units must notify the Highlands Council and COAH. Note: Do not confuse these terms with the transfer of Highlands Development Credits (HDCs), which is a separate program.
The adopted rule also includes sections on:
The Highlands Council will provide COAH with a recommendation that the site :
Final Review and approval by COAH
Dave Peifer, ANJEC’s Highlands Project Director is available to help answer
your questions at (973)539-7547 or dpeifer@anjec.org.
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