Town Hall Meeting

July 19, 2017

Change Is
Coming To
Scotch Plains
Town Hall Meeting
July 19, 2017

We Can Ignore
It or Direct It
Town Hall Meeting
July 19, 2017

Township
Council Has
Decided to
Direct The
Change
 I Campaigned On
Downtown Redevelopment
• Shortly After Being Sown-In, Township Council Created
the Scotch Plains Down Town Redevelopment
Committee (SPDRC).

• A month-long survey on downtown redevelopment

conducted by the SPDRC showed that 86% believe that
Scotch Plains downtown needs redevelopment.
Affordable Housing
 There Is a Need For Affordable
Housing

✓Low & Moderate Income Families

✓Seniors
✓Millennials
✓ Special Needs
 Affordable Housing
Background
Mount Laurel I – 1975
• Southern Burlington County NAACP challenged zoning
ordinance of Mount Laurel Township on the grounds that it
excluded low and moderate income persons from obtaining
housing.

• The Supreme Court decided that under the State

Constitution, each municipality “must, by its land use
regulations, make realistically possible the opportunity for an
appropriate variety and choice of housing for all categories of
people who may desire to live there,” including those of low
and moderate incomes.

• Thus, the Mount Laurel I decision prohibits municipalities

from using zoning powers to prevent the potential for the
development of affordable housing.
 Affordable Housing
Background (cont).
• In Mount Laurel II, the Court established “Builders Remedy.”
That remedy created a special process by which builders could
file suit for the opportunity to construct housing at much higher
densities than a municipality would otherwise allow.

• When a builder’s remedy is granted, the town loses control over

the zoning of the developer’s property, particularly with respect
to permitted use, density, and affordable set-aside. e.g. Bowcraft

• Instead, the zoning of the developer’s property is administered

by the court-appointed special master, who reports to the Court.

• Applicant/builder is still required to get Planning Board

approval
 Affordable Housing
Background (cont).
• In order to implement the requirements in the Mt. Laurel I &
II decisions, the State Legislature passed the Fair Housing Act
(FHA) in 1985, which was upheld by the State Supreme Court
in Mount Laurel III.

• FHA created the Council on Affordable Housing (COAH) to

enact regulations, assign municipalities an affordable housing
obligation, and identify techniques municipalities can use to
meet their obligation.

• COAH established Rounds 1, 2, 3 to implement FHA

regulations.
 Affordable Housing
Background (cont.)
• We are in the Third Round of Affordable Housing – COAH did not
adopt Third Round Rules as Legislature debated role of COAH.

• In 2015, NJ Supreme Court ruled that the delays in rules had gone on
too long; it ordered towns to sidestep COAH and go directly to trial
court judges to settle affordable housing disputes.

• Process is Now Court Driven Not COAH Driven – So Scotch Plains

went to Court to settle.

• November 29, 2016, Scotch Plains Received a Court Order From the
Union County Superior Court to Settle Prospective Affordable
Housing Disputes by February 27, 2017 or Go To Trial
Result Of Recent
NJ Supreme Court
Decision

Scotch Plains Must Deal with 25 Years of

Affordable Housing Requirements
Not 10 years
SCOTCH PLAINS ROUND 3
AFFORDABLE HOUSING
SETTLEMENT
Scotch Plains Round 3 Affordable Housing Settlement
What is Scotch Plains’ Affordable Housing Number?
8541 Scotch Plains’ Assigned Fair Share Affordable Housing
Units
598 Union County Adjustment of 70% of 854, instead of an
expensive trial

1. Derived from David N. Kinsey, Phd, PP, FAICP, New Jersey Low and Moderate Income Housing Obligations for 1999-2025 Calculated
Using the NJ COAH Prior Round (1987-1999) Methodology, May 2016
 DOES THAT MEAN SCOTCH PLAINS HAS TO
PROVIDE 598 NEW AFFORDABLE UNITS?

• No, the Township has to fulfill 598 credits.

There are a variety of mechanisms used to
fulfill Townships obligation such as:
• RCA credits from Prior Round
• Excess completed units from Prior Round
• Rental Bonus Credits (up to 25% of RDP)1

1. Realistic Development Potential of 161 units was assigned to Township → 40

Bonus Credits available. RDP was based on Township’s “Realistic Development
Potential” utilizing Vacant Land Adjustment
SO HOW MANY NEW UNITS HAVE TO BE BUILT?
 STEP 1: HOW MANY CREDITS DOES THE TOWNSHIP
ALREADY HAVE?

Pre-Existing Credits and Bonus Credits from RDP Development

Mechanism Credits
RCA credits from Prior Round 84

Completed Inclusionary and Municipal Sponsored 10

Projects
Completed Group Home Projects 10

Total: 104
 STEP 2: ADD POTENTIAL BONUS CREDITS
FROM PROJECTS INCLUDED IN RDP

Pre-Existing Credits and Bonus Credits from RDP Development

Mechanism Credits

RCA credits from Prior Round 84

Completed Inclusionary and Municipal Sponsored 10

Projects
Completed Group Home Projects 10

Bonus Credits 40

Total: 144
 STEP 3: SUBTRACT “CREDITS” FROM
598 TOWNSHIP OBLIGATION

598-144= 454
Affordable Units Scotch Plains
Must Provide the Opportunity to
be Constructed In 7 Years
 HOW DO WE SATISFY THE 454 UNITS?
Mechanism Location Credits

“Realistic Development Potential” (RDP) Parker Gardens 34 228

– refers to the portion of the affordable
housing obligation that can realistically Amberg Site 19 125
be addressed with inclusionary North Avenue Site 2 12
development, as determined by the
Council through a vacant land Bowcraft 35 200
adjustment pursuant to N.J.A.C. 5:97-5.2. Total: 90 565
Inclusionary Overlay Zones Jerusalem Road 32 213
Waldheim Ave & Beryllium 10 67
Road
Total: 42 280
Downtown Revitalization Tier 1 156 781
Inclusionary Zoning
Tier 2 26 131
Tier 3 22 111
Total: 204 1,023
Mandatory Set-Aside Ordinance Entire Township 118 787
Total:
New Units Created: 454 2,655
 IMPACT OF 2655 NEW
LIVING UNITS
IN 7 YEARS ON SCOTCH
PLAINS
Unit Growth
2655/7599 = 35%
Population Growth @ 2.0 persons/Unit
5,310/24064 = 22%
 Cost To Scotch Plains
Tax Payers

Since 2015, Over $250,000 has been

spent paying planners, attorneys, and special
masters to litigate lawsuits driven by
affordable housing settlements.
 AFFORDABLE HOUSING
SETTLEMENT DISAGREEMENT
CLAUSE

“Subsequent to the signing of this Agreement, if

a binding legal determination by the Judiciary,
the Legislature, or any administrative
subdivision of the Executive Branch determines
that Scotch Plains’ Round 3 obligation is
decreased to 478 or less, with any relevant
appeal periods having passed, the Township
may file a proposed form of Order, on notice to
FSHC and the Township’s Service List, seeking
to reduce its Round 3 obligation accordingly. …”
Legislative Solution Needed To
Create a Realistic, Fair,
Manageable Affordable Housing
Program

Assemblywomen Holly Schepisi

Has Taken the Lead On The
Needed Legislative Solutions