New rules apply to construction taking place after Jan. 1, 2004
By: Scott Morgan
A Superior Court judge exempted Chesterfield Township from expanded affordable housing requirements Wednesday.
Judge John Sweeney absolved the township from having to comply with the latest set of regulations issued by the state Council on Affordable Housing, which require one affordable housing unit for every eight houses built. Those new rules apply to construction taking place after Jan. 1, 2004.
But as Chesterfield is involved with the Transfer of Development Rights, or TDR, program, its affordable housing requirements were based on pre-2003 COAH rules, which required a 6 percent share of affordable houses among the total houses built. For Chesterfield, which stated that most of its projected 1,190 houses would not be built until well after January 2004, it meant that 68 houses need to set aside as affordable units.
COAH’s new regulations, issued in 2003, would have added 81 affordable houses to Chesterfield’s rolls, a demand township officials saw as patently unfair.
On Wednesday, Judge Sweeney agreed, saying it would be "inequitable … to change the rules in the middle of a game." While the township showed up in force to make its case, representatives from COAH were not present to argue the council’s side.
Mayor Larry Durr said immediately after the hearing that he was delighted with the outcome.
"I know Chesterfield’s a great place," Mayor Durr said. "It’s good to see that the judge recognized us as that also."

