From the Association of New Jersey Environmental Commissions’

Municipal Planning Project

 

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ANJEC Highlands Herald

 

October 2009

 

 

Welcome to ANJEC’s Highlands Herald.  The Highlands Herald is an e-mail newsletter designed to help environmental commissions, municipal officials, and the public understand and effectively participate in the development of the Highlands Regional Master Plan and more importantly, implement the Plan in their local communities.

 

Please free to share this information with other environmental commission members, members of your planning board, municipal experts, your elected officials and members of the public. If you would like to add a recipient, please send the e-mail address to dpeifer@anjec.org

In This Issue

  • Recent COAH Actions
    1. Waiver from COAH's Third Round Growth Projections.
    2. Extension of Filing Deadline

  • Conformance Time Crunch

  • "Module 2": Highlands Build Out Reports

  • "Module 3": Housing and Fair Share Plan Instructions, August '09

  • COAH Adopts Guidelines for Highlands Region Transfers of
    Housing Obligations

Recent COAH Actions

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.

II. Conformance Time Crunch

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.

III. Module 2: Highlands Build-Out Reports

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.

  • Commissions should review the Module 2 reports carefully for their municipality. You may want to consider reviewing those of adjoining municipalities for a broader view of development potential under the Highlands Regional Master Plan
  • It is essential that the data on land use, wastewater infrastructure, and water supply infrastructure used to prepare these reports be correct and accurate. The results of the Module 2 Highlands Build-Out analysis will influence other elements of conformance, especially Module 3, the Housing and Fair Share Plan. Commissions should carefully review the preserved open space mapping to assure that all preserved lands are included. This has proven troublesome in several instances due to the lack of readily available computer-based data.

IV. Module 3: Housing and Fair Share Plan Instructions, August 2009

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:

1. Overview

  • Conformance with the RMP requires that a municipality prepare a Housing Element and Fair Share Plan.
  • This plan is “to reflect current conditions and resource protection requirements of the RMP.” (See RMP, Subpart F, Housing and Community Facilities, p.199-200 and Part 6 Future Land Use P 335-339.)
  • 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).

    • Commissions may want to begin these reviews now by locating the designated property(s) on the Highlands Interactive Map Tool and noting the attributes of the subject parcel. You may also wish to do an analysis using your own ERI
    • 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.

       

2. Schedule

  • Sept.2009-February 2010: Interim meetings or conference calls between Highlands Council staff and municipal professionals to discuss an outline of the Housing element and Fair Share Plan.
    No later than December 8, 2009: submission of Summary of Housing Obligations, Prior Round Sites and Housing Partnerships.
  • No later than March 1, 2010: Submission of Draft of Housing Element and Summary of Fair Share Plan Petition to Highlands Council.
  • No later than June 8, 2010

    • Submission of municipality approved and adopted Housing Element and Fair Share Plan Petition for the entire municipality to COAH
    • Submission of municipally approved and adopted Housing Element and Fair Share Plan and all accompanying documentation as part of the Petition for Plan conformance to the Highlands Council


V. COAH Adopts Guidelines for Highlands Region Transfers of Housing Obligations

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 Highlands Council must adopt a priority system to govern the process of “sending” and “receiving” within the Highlands region. These priorities will be binding on municipalities.
  • The Highlands Council will maintain lists of sending and receiving municipalities within the Highlands region. In the absence of a priority system COAH will maintain the lists and publish them on its website.
  • The minimum financial contribution to allow the transfer of a unit is established based on COAH’s Housing Region. Within the Highlands these amounts range from $67,000 to $80,000 per unit.

The adopted rule also includes sections on:

  • Submission Guidelines
  • Terms
  • Sending Municipality: A sending municipality that has received priority may submit a statement of intent from the receiving municipality no later than 90 days from the date of the sending municipality's petition is submitted to COAH
  • Receiving Municipality: Sites selected to receive units must be consistent with the RMP.

The Highlands Council will provide COAH with a recommendation that the site :

    • Has convenient access to infrastructure
    • Is near employment opportunities
    • Is served by public transportation
    • Is consistent with the RMP
  • Review and Approval by Regional Planning Entity
  • Review by HMFA
  • Final Review and approval by COAH

 

Contact Us

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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