BRIDGEWATER TOWNSHIP

 PLANNING BOARD

Regular Meeting

Monday, October 27, 2008

—MINUTES—

CALL MEETING TO ORDER:

Chairman Fross called the regular meeting of the Bridgewater Township Planning Board to order at 7:00 pm at the Bridgewater Township Municipal Court, 505 Route 202/206 North, Bridgewater, New Jersey.

OPEN PUBLIC MEETINGS ACT ANNOUNCEMENT:

            In accordance with the requirements for the Open Public Meetings Act, this meeting was noticed on January 11, 2008.  Notices were sent to the Courier News and The Reporter and were posted in the Bridgewater Township Municipal Building at least 48 hours prior to the meeting.  All requirements of the Sunshine Law have been met.

            Please be aware of the Planning Board policy for public hearings: no new applications will be heard after 10:00 pm and no new testimony will be taken after 10:15 pm.

SALUTE FLAG:

There was salute to the flag.

ROLL CALL:

Mr. Rodzinak – present                                              Mrs. Joanne Kane - present               

Mrs. Knapp – absent                                                  Mr. Leven – present  

Councilman Scaglione – present (arrived at 7:06pm)     Mayor Flannery – present

Chairman Fross – present                                           Ms. Barbara Kane, Alt. #1 - absent               

                                                                                    Mr. Hayes, Alt. #2 - present

Others present:  Board Attorney Thomas Collins, Township Planner Scarlett Doyle, Township Engineer Robert Bogart, Patti Bueno, Administrative Assistant

APPROVAL OF BOARD MINUTES: 

October 14, 2008 Regular meeting minutes - Motion by Mrs. Joanne Kane, second by Mayor Flannery, the October 14, 2008 regular meeting minutes of the Planning Board, were adopted, as presented, on a unanimous voice vote of those present and eligible to vote.

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TOWNSHIP COUNCIL REFERRAL FOR REVIEW AND RECOMMENDATION OF THE PLANNING BOARD

The Planning Board reviewed the proposed Ordinance entitled, “Vacating and Releasing from Dedication and Extinguishing Portions of Ronson Road”.

Township Engineer Bogart discussed this proposal, noting that the vacation will supply an easement to the public for turnaround and for a possible future installation of a traffic signal by New Jersey Department of Transportation. Township Engineer Bogart and Township Planner Doyle gave a favorable recommendation.

After careful review, the Board endorsed the above referenced Ordinance.

Motion by Mayor Flannery, second by Mr. Rodzinak, the Planning Board endorsed the proposed Ordinance, as presented, on the following roll call vote:

 AFFIRMATIVE:            Mr. Rodzinak, Mrs. Joanne Kane, Councilman Scaglione, Mr. Leven, Mayor Flannery, Mr. Hayes, Chairman Fross

          OPPOSED:         None

ABSTENTIONS:             None

ABSENT:          Mrs. Knapp, Mrs. Barbara Kane

            NOT ELIGIBLE:             None

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MEMORIALIZATION OF RESOLUTIONS:

COLON, Ralph

Block 418 Lots 17.01 (Van Holten Rd.)

#25-08-PB, Amendment toPreliminary & Final Major Subdivision

DECISION: Approved w/conditions 10/14/08

Motion by Councilman Scaglione, second by Mayor Flannery, the above referenced resolution, permitting the applicant to amend the final plat and the Township’s Conservation Easement and Drainage Easement so as to allow for a larger rear yard area behind their existing single family home and to construct a retaining wall and regrade the area, was adopted, as amended, on the following roll call vote:

AFFIRMATIVE:             Mr. Rodzinak, Mrs. Joanne Kane, Councilman Scaglione, Mayor Flannery, Chairman Fross

          OPPOSED:         None

ABSTENTIONS:            None

ABSENT:          Mrs. Knapp, Mrs. Barbara Kane

            NOT ELIGIBLE:             Mr. Leven, Mr. Hayes

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LAND DEVELOPMENT APPLICATIONS:

TAMEDL, Brian and Jennifer

Block 907 Lot 41.02 (Mt. Horeb Road)

#64-05-PB, Minor Subdivision

Time:  45=11/15/08

It was confirmed for the record that due to defective notice, the hearing for this matter has been carried to 11/24/08. New notice will be provided.

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MASTER PLAN DISCUSSION:

Land Use Element of the Master Plan

Chairman Fross and Township Engineer Bogart noted that the Impervious Coverage Subcommittee has examined the appropriateness of the impervious coverage limitations in all zones. Based on information submitted by the Impervious Coverage Subcommittee, the Planning Board discussed the data and concluded that two residential zone districts, the R-40 and R-50 zones, must be modified to respond to current and anticipated development patterns. Current impervious coverage limitations in all other residential zones were evaluated by the Impervious Coverage Subcommittee and were considered to be reasonable.

The current zone limitations for impervious coverage in the R-40 and R-50 zones are each 15%. The Planning Board agreed that this percentage should be raised, but not to an extent which would encourage “over development.” After careful consideration and discussion, the Planning Board recommended that the Bridgewater Township Council adopt ordinance amendments which will modify the Zoning Ordinance of the Township of Bridgewater to reflect that the impervious coverage limitation is amended to a maximum of 18% coverage from the existing 15% in the residential zones of R-40 and R-50.

Motion by Mr. Rodzinak, second by Mayor Flannery, the Planning Board authorized Planner Doyle to prepare an amendment to the Land Use Element of the Master Plan discussing the above noted recommendations. The motion carried on the following roll call vote:

AFFIRMATIVE:             Mr. Rodzinak, Mrs. Joanne Kane, Councilman Scaglione, Mr. Leven, Mayor Flannery, Mr. Hayes, Chairman Fross

          OPPOSED:         None

ABSTENTIONS:            None

ABSENT:          Mrs. Knapp, Mrs. Barbara Kane

            NOT ELIGIBLE:             None

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MASTER PLAN DISCUSSION:

Housing Element and Fair Share Plan

Township Planner Scarlett Doyle discussed the Housing element and Fair Share Plan with the Board as follows:

The History of Affordable Housing and How COAH BeganAH

• 1971- Southern Burlington County NAACP sues the Township of Mount Laurel for exclusionary Zoning
• 1975- Mount Laurel I -  the first landmark decision on affordable housing
• NJ Supreme Court ruled that Municipalities have a constitutional obligation to provide a realistic opportunity for the construction of low-and-moderate income housing
• 1983- NJ Supreme Court unanimously reaffirms Mount Laurel doctrine
• 1985- the legislature adopts the Fair Housing Act (FHA), establishing the Council on Affordable Housing (COAH)
• 1986-COAH adopts first-round rules and 1987-1993 fair share obligations
• 1994-COAH adopts second-round rules and 1987-1999 fair share obligations
• 2004 – COAH adopts third-round rules and fair share housing obligations for 1987-2014, based on growth share approach
• 2007 – portions of COAH’s third-round rules overturned by Appellate Court
• June 2, 2008 – COAH’s revised rules become effective
• June 16, 2008 – Amendments proposed:
  • Comment Period ended on 8/15/08
• A-500 was passed by the legislature which revised the rules

The Council on Affordable Housing (Per COAH)

• COAH is an administrative and regulatory organization that assists municipalities in creating affordable housing opportunities
• COAH does not produce or fund affordable housing
• Municipalities are not required to expend funds to build affordable housing
• The COAH process is voluntary

Benefits of Affordable Housing (Per COAH)

• Increased diversity in the community. Governor Corzine’s administration has projected the need for 115,000 new units of affordable housing.
• Our children can live where they grew up
• Our seniors can move to something smaller and stay near their roots
• Teachers, firefighters and service workers can live near their jobs
• Good for local businesses as there are more workers in all income brackets

Benefits of Participation in the COAH process (Per COAH)

• Protection from exclusionary zoning lawsuits – Board Attorney Collins clarified that Immunity is furnished by Township attorney and the case will be transferred to COAH

• Many choices in how to address your affordable housing obligation
• Opportunity to engage in pro-active planning
• Priority access to state affordable housing funds
• Housing Trust Funds remain with the Township if there is a petition

Steps to COAH Substantive Certification

§  Planning Board adopts Housing Element and Fair Share Plan to meet fair share of affordable housing. That is what is before the Board for consideration.

§  Governing body endorses Fair Share Plan

§  Municipality petitions COAH for Substantive Certification

We met and exceeded the requirements of COAH Round 1 and 2 without any RCA’s. (We constructed all the units in the Township) with a carry-over of 5 Rehabilitation units into Round 3.   We are now in Round 3.

Deadline for Submission of Third Round Plan

§  Municipalities must submit revised third round plans to COAH by December 31, 2008 in order to receive COAH’s continuing legal protection from a builder’s remedy lawsuit

Housing Element and Fair Share Plan

In accordance with N.J.A.C. 5:94-2.2, as a pre-condition for COAH approval, a municipality must include a Housing Element in its municipal Master Plan before it can secure COAH approval.  A Housing Element explains the basis upon which Bridgewater Township shall be able to meet its cumulative housing obligation.  The Housing Element focuses on the COAH Fair Share housing obligations and the housing rehabilitation requirement.  As required, this Housing Element contains:

1)      An Inventory of Bridgewater Township’s Housing Stock

2)      A Projection of Future Housing Stock

3)      Demographic Characteristics

4)      Existing and Probable Employment Characteristics

5)      Present and Prospective Fair Share

6)      Consideration of Lands

7)      Fair Share Plan

Content of a Fair Share Plan

1.      Descriptions of any credits intended to address any portion of the fair share obligation for each type of credit

2.      Descriptions of any adjustments to any portion of the fair share obligation

3.      Descriptions of any mechanisms intended to address the prior round obligation, the  rehabilitation share, and the growth share obligation;

4.      An implementation schedule that sets forth a detailed timetable that for units to be provided;

a.      Prior round obligation

b.      Inclusionary development or a market to affordable program implemented within 45-days of substantive certification; and

c.       Documentation for mechanisms submitted according to an implementation schedule, but no later than 2 years prior to scheduled implementation of the mechanism

5.      Seeking vacant land adjustment

6.      Draft and/or adopted ordinances necessary for the implementation of the mechanisms designed to satisfy the fair share obligation;

7.      Existing  zoning or planned changes in zoning provide adequate capacity to accommodate any proposed inclusionary developments;

8.      A spending plan pursuant to N.J.A.C. 5:97-8.10, if the municipality maintains or intends to establish an affordable housing trust fund pursuant to N.J.A.C. 5:97-8.

9.  Low /moderate income split of the fair share obligation

·         At least 50 percent of the Realistic Development Potential (RDP) units shall be affordable to low income households (Sale and Rental)

·         At least 25% of the RDP units shall be Rental (low and moderate)

·         Rental housing requirement with bedroom mix and income mix which may also include:

o   An affordable rental development

o   Market to affordable program

o   Assisted living residences

o   Special needs housing

o   Agreements with developers to construct and administer affordable rental units as a part of an inclusionary development or redevelopment area

o   The rental obligation for the growth share obligation shall be provided in proportion to the actual growth share obligation measured and monitored

·         At least 13% of the RDP must serve Very Low income households

10. Sites designated to produce affordable housing shall conform to the State Development and Redevelopment Plan

11. RDP (Realistic Development Potential) of 891 is for full build-out.

a.      Last round – only residential was involved

b.      Round 3 residential and non-residential are involved

What Bridgewater has done to address the Obligation

1. The COAH build-out is reported at 891
2. Bridgewater challenged the state build-out after it conducted a vacant land inventory and vacant land analysis which resulted in 509 
3. Bridgewater has met with developers, non-profits, private land owners, governmental agencies to secure suitable land for affordable housing.
4. Clarification of the build out versus the projection
   1. The Projected number for construction (Based on actual CO’s) from 2004 through 2018 is computed as 248.8 (249 units)
   2. The projected number from 2004 through 2007 is computed as 61.7
5. Based on what is needed now, 2004-2007, we have met some parameters and still need others:

Based on the requirements for submission, we must adopt the Master Plan Housing Element and Fair Share Plan, have it adopted by the Bridgewater Council and submitted to COAH before December 31, 2008. 

It was confirmed for the record that a public hearing is scheduled for November 11, 2008 before the Planning Board.

OTHER BOARD BUSINESS:

The Board did not conduct any other business

MEETING OPEN TO THE PUBLIC

Chairman Fross opened the meeting to public for non-agenda items.  With hearing none, Chairman Fross closed the public portion of the meeting.

ADJOURNMENT:

It was the consensus of the Board to adjourn the meeting at approximately 10:30pm.

Respectfully submitted,

Grace Karanja,

Assistant Planning Board Secretary

ADOPTED 11-11-08