Middletown joins COAH challenge
More than 200 towns support NJLM appeal
BY JAMIE ROMM Staff Writer
Middletown Township has added its name to the growing list of municipalities that have pledged their support for the New Jersey League of Municipalities' (NJLM) impending legal challenge of the latest round of state affordable housing regulations.

Mayor Gerard Scharfenberger said at the Aug. 4 Township Committee meeting that the decision to join the more than 200 New Jersey municipalities already involved in the planned legal action is an important step for the township.

"I have been speaking with a numerous … mayors, and this is something that affects a lot of towns," Scharfenberger said. "This literally will change the face of suburban New Jersey and you can't overstate that."

He said the decision to join the appeal of COAH's revised thirdround quotas came after lengthy discussion and a joint meeting with the Planning Board.

"We had a joint meeting between the Township Committee and the Planning Board where all of this was spelled out very clear and in extreme detail," Scharfenberger said.

The committee and the board held a joint meeting July 30 to discuss where the township could consider placing affordable housing with a Dec. 31 deadline looming for filing a plan to comply with the third-round regulations.

The Township Committee pledged support for the NJLM in a challenge of what the group is calling the "flawed methodology" by which COAH determines a town's affordable housing obligation.

The 5-0 vote came after a 30-minute discussion on the language of the resolution.

Committeeman Sean Byrnes said that he agreed with the resolution but wanted some of the wording changed as he felt it may have directed the focus away from the resolution's intended purpose.

"I am completely for what this is trying to achieve," Byrnes said. "Some of the wording I find unnecessary, but the overall message behind this is important."

Byrnes and Committeeman Tom Wilkens discussed changes to the resolution and one change was made, the word "will" was changed to "may" in one instance.

"This was intended to be drafted as a nonpartisan resolution," Wilkens said. "The language doesn't mention a certain party or office. It is an appeal against the third-round housing rules with the support of achieving a sustainable, affordable housing policy in defense of the taxpayers."

Schar fenberger said that the legal challenge is important to correct the recent regulations from COAH on the thirdround obligations.

"Those of us at the meeting last week heard testimony from an expert, Jeff Surenian, on affordable housing and I don't see a reason to neuter this resolution," Scharfenberger said. "After what we heard, I think the wording directly states what our experts have told us."

Township Attorney Bernie Reilly said that the pledge allows the league to add Middletown's name to the suit.

"We are basically putting our name on the list to be used as a plaintiff," Reilly said. "They can use Middletown's name in the suit."

Middletown has pledged $500 toward the cost of the NJLM's joint suit.

In announcing the legal action, the NJLM, which filed notice of appeal with the Appellate Division of the Superior Court of New Jersey, said its challenge focuses on "the economic imbalances in the regulations adopted, and the flawed methodology comprising the vacant land analysis, the computation of jobs and housing projections through 2018."

As part of the appeal, the league will seek to suspend the Dec. 31 deadline for submission of the revised third-round plans by the state's municipalities, according to a press release from the NJLM.

In the notice of appeal, NJLM said the revised rules, which significantly increase the affordable housing quotas for some towns, are "a negative and overwhelming burden on taxpayers" and said it would come up with workable guidelines.

New Jersey municipalities must submit an affordable housing plan to COAH by the end of the year that will meet the council's revised third-round quotas.

Affordable housing is defined by the state as housing that can be bought or rented with 30 percent or less of a person's income.

Round one of COAH's fair housing plan focused on creating reasonable opportunities for affordable housing through zoning ordinances. The second round focused on the rehabilitation of existing housing stock.

The round-three rules released in 2003 required that for every eight new residential units built and sold at market value, one must be marketed as affordable housing. Under revised third-round rules, one of every five units must be affordable.

Under COAH's first two rounds, Middletown was required to build 1,561 affordable housing units, according to township data. During the third round, it will be required to build 463 units, according to Township Administrator Tony Mercantante.

Middletown has 1,449 units of affordable housing on the books for the first two rounds and 121 units already committed for the third round, leaving a total deficit of 454 units.

Byrnes said that he feels that the deadline from COAH needs to be held off, but the township should fulfill its obligation to provide affordable housing.

"I do support the measure to extend the deadline," Byrnes said. "We have done a good job so far in planning ahead, and when the deadline finally comes, if it comes, we are working toward being prepared."