Town shielded from COAH lawsuits
By:David Koch
BORDENTOWN TOWNSHIP A new legal settlement approved by the Township Committee Monday will shield the township from future lawsuits stemming from Council on Affordable Housing (COAH) regulations.
An order of repose originally came from Judge Ronald E. Bookbinder as part of a settlement on a lawsuit involving developers and Bordentown Township.
The Township Committee had to approve the order before it could be enacted. Three developers sued the township in 1997 in a builder’s remedy suit because the township had not met its COAH requirements by providing enough low- to moderate-income housing.
The township eventually met its COAH requirements by allowing Bradford Pointe, a 168-housing unit, to be built on Route 130 on land originally zoned for highway commercial.
The order of repose will last for six years.
Township officials voted 2-1 in favor of approving Judge Bookbinder’s order. Mayor William Nine Jr. and Deputy Mayor Mark Roselli abstained.
Committeeman George Chidley voted against the order.
"I was not part of the township administration then, and was not obligated to deal with that issue," he said after the meeting.
Deputy Mayor Roselli gave similar reasons for abstaining.
"Since I wasn’t here during that time, I don’t think it’s appropriate for me to vote," he said.
Although Mayor Nine has been a committee member for several years, he said he abstained because he was not part of some of the township meetings dealing with COAH litigation.
"I actually had no say or jurisdiction over what was being decided," said Mayor Nine.
Also at Monday’s meeting, the Township Committee unanimously passed an ordinance that would allow the township to borrow up to $10 million for open space preservation.
Mr. Roselli said the township may not borrow all $10 million, but that county and state land preservation agencies require a township to front all the money for open space purchases at first.
"This ordinance will allow the township to at least borrow the money for purchase, and then we would apply for the state and county share of the cost," said Mr. Roselli.