Posted by Phil Morin on October 22, 2009
The Hunterdon County Democrat is reporting that the Highlands Council has calculated drastically reduced affordable housing obligations for communities which adopt the Highlands Council’s regional master plan (“RMP”). The article contemplates that the substantial reductions relating to the affordable housing requirements in some communities may operate to encourage RMP adoption.
According to the article:
For municipalities fearful that state quotas for low-cost housing will cause overdevelopment, new numbers being circulated by the Highlands Council are enticing. For those willing to comply with the master plan drafted by the council, the quotas fall dramatically.
There are 15 municipalities in Hunterdon that fall within the Highlands region. Of the 12 for which the Highlands Council has released its calculations, the “affordable” obligation total drops from 1,874 units under targets provided by the state Council on Affordable Housing to 410 — a reduction of more than 78%.
Eileen Swan, the Lebanon Township resident who is the executive director of the Highlands Council, says her group has an agreement with COAH that COAH will accept the projections made by the Highlands Council.
“This is not about avoiding the constitutional obligation” that every municipality must provide its fair share of affordable housing, she said. The difference lies in the Highlands Council judging a municipality’s total capacity for development, rather than just looking at the amount of vacant land. It considers the land’s physical limitations, including sewer and public water availability, ground water reserves and the capability of land to use septic systems without contaminating ground water.
For the full article, click here.
Posted in Affordable Housing, Environmental Issues, Highlands, Master Plan Review | Leave a Comment »
Posted by Phil Morin on October 8, 2009
The New Jersey State League of Municipalities (the “League”) is opposing a bill which is on the Governor’s desk for consideration after passing the Legislature over the summer. The proposed new law codifies the definition of “inherently beneficial use” under the Municipal Land Use Law and expands the traditional categories set forth in case law to specifically cover wind, solar and photovoltaic technology. The League’s position is that such uses should not be granted “favored” status under the MLUL and the League has circulated to elected officials a proposed form of resolution for adoption opposing the change.
The full text of the “Dear Mayor” letter from the League states:
The League opposes S-1303/A-3062, which defines “inherently beneficial use” and includes facilities that supply electrical energy produced from wind, solar or photovoltaic technologies. If a use is deemed to be “inherently beneficial” it presumptively satisfied the criteria for a use variance under subsection d of section 57 of the MLUL, (i.e., a nonconforming use.) Thus, these uses would be considered inherently beneficial, even in residential zones.
We understand the intent of the bill, which is to promote alternate forms of energy. But, if indeed a project is beneficial to the community, the applicant has the option to go through the normal regulatory and democratic process. No such change in the statute is necessary.
While this is promoted as an energy bill, we view it as a land use bill and a problematic land bill. The bill effectively declares these alternate energy sources as “inherently beneficial uses” without regard to the particular zone in which the property is located, undermining the very purpose of zoning (that is to separate residential, commercial and industrial uses) and sound planning strategies.
To view the League’s model resolution in opposition to S-1303/A-3062, click here.
Posted in D Variances, Environmental Issues, Green Legislation, Legislation | Leave a Comment »
Posted by Phil Morin on October 7, 2009
On Tuesday, October 6, NJDEP announced the designation of six new Brownfield Development Areas (“BDA”). BDA designation provides substantial benefits to redevelopment of contaminated sites, including the assignment of a dedicated case manager to facilitate a coordinated effort on remediation of contaminated sites within the BDA and access to $5 million in grant funding from the Hazardous Discharge Site Remediation Fund (“HDSRF”) to be used in investigating (and, in some cases, remediating) brownfield sites to spur redevelopment. According to the October 6 NJDEP press release:
Department of Environmental Protection Acting Commissioner Mark N. Mauriello today announced that portions of Lodi, Kearny, Plainfield, Rahway, Somerville and Woodbridge have been designated as state Brownfield Development Areas. The new designations will help these municipalities work toward their redevelopment goals.
. . . .
Brownfields are properties that have been abandoned or underutilized because of known or suspected contamination. The DEP’s Brownfield Development Area program allows communities to designate clusters of brownfield sites for coordinated remediation and redevelopment.
Municipalities that have been designated are eligible for grants of up to $5 million each year from the DEP’s Hazardous Discharge Site Remediation Fund for investigation and remediation. A case manager assists the communities in overseeing remediation, obtaining financial assistance and coordinating revitalization efforts with other state agencies.
Communities bring together various stakeholders to develop applications for designation. These stakeholders include owners of contaminated properties, potentially responsible parties, developers, community groups, technical experts, and residents. Municipal adoption of a formal redevelopment plan is required.
Plans for the six newly designated areas include:
- Lodi is looking to re-create a downtown district between the borough hall and Route 46 with retail and office space that will serve as a focal point for the community. Properties include a vacant rail spur, an abandoned commercial building and the sites of former chemical and dye manufacturers.
- Kearny plans to develop mixed senior-citizen housing, commercial facilities and a riverfront walk on properties along the Passaic River that were the site of steel and metals factories, a linen mill and chemical processors.
- Plainfield plans to revitalize its central business district by redeveloping a number of vacant and underutilized properties with a mix of small-scale commercial establishments such as banks, health spas, pharmacies and restaurants. The city wants to enhance the district’s proximity to the Plainfield rail station.
- Rahway is looking to improve its business district with a 1,100-seat amphitheater and black-box theater within walking distance of the Rahway train station. Rahway also wants to acquire an apartment complex with the intention of attracting artists.
- Somerville plans to strengthen its economic vitality by redeveloping an old landfill and parking lots near the Raritan River with mixed-used developments that will have access to NJ Transit’s Raritan Valley rail line.
- Woodbridge wants to clean up past industrial contamination at properties along the Raritan River and develop the area as an eco-park that allows companies to use each others’ wastes as resources. The township is also developing a resource-recovery park for recycling, compost processing and other resource reuse.
. . . .
Municipalities interested in being considered in the next round of Brownfield Development Area designations are urged to meet with the DEP to discuss their redevelopment plans.
. . . .
Applications may be submitted from Jan. 1 through March 31, 2010.
For more information on brownfields and the Brownfield Development Area initiative, go to: http://www.nj.gov/dep/srp/brownfields/
Florio Perrucci Steinhardt & Fader serves as environmental counsel to the Borough of Lodi. If you have questions about the BDA application process or the benefits of BDA designation, please contact your relationship attorney at FPS&F or Phil Morin by e-mail at pmorin@florioperrucci.com or telephone at 201-843-5858.
Posted in Environmental Issues, Redevelopment | Leave a Comment »
The Hunterdon County Democrat is reporting that the Highlands Council has calculated drastically reduced affordable housing obligations for communities which adopt the Highlands Council’s regional master plan (“RMP”). The article contemplates that the substantial reductions relating to the affordable housing requirements in some communities may operate to encourage RMP adoption.
