By: Vic Monaco
HIGHTSTOWN Borough Council did not, as expected, approve an ordinance this week to specifically exempt churches that undertake construction projects from paying a development fee targeted for affordable housing.
Nonetheless, St. Anthony of Padua Roman Catholic Church will be getting a refund of that fee from the borough.
After a discussion of about an hour Monday, the council voted unanimously to reject a proposed ordinance that would exempt churches and other houses of worship from paying the fee.
Councilmen Dave Schneider and Patrick Thompson expressed the most concern with such an exemption, especially after housing consultant Tamara Lee said her quick review had not turned up any other communities that do likewise. Nonetheless, Ms. Lee said the state Council on Affordable Housing has a list of allowable exemptions that include churches, barns, sheds and sports stadiums.
"I like to be the first with many things but not with something the borough could be challenged on," said Council President Schneider.
COAH calls for new affordable housing units when other units are created or the number of local jobs would increase as a result of construction. Local law now requires the fee when any construction increases the size of a nonresidential use.
A local issue arose when St. Anthony’s challenged a $25,000 fee assessed by the borough this year when the church recently expanded.
Ms. Lee said COAH views other nonprofit agencies, which at one point also were targeted locally for an exemption, as different from churches.
"There’s a distinction with houses of worship because they’re not centers of employment. Nonprofits can get very large," she said.
Torry Watkins of Meadow Drive said that argument is "illogical" and it would be "grossly unfair" to separate churches from other nonprofits.
"You’re moving perilously close to a First Amendment violation," he said to the council.
Council indicated it would like Borough Attorney Fred Raffetto to draw up another proposed ordinance that would simply point to COAH’s entire list of potential exemptions as local ones.
It followed its unanimous rejection of the ordinance at hand with a unanimous motion to return the fee assessed St. Anthony’s.
"We didn’t incur COAH obligations, so we shouldn’t have accepted the funds," said Councilman Thompson.
In other business Monday, the council unanimously approved an ordinance to raises developers’ fees.
Among the changes are a rise from $350 to $500 for review of a minor subdivision, final review of a major subdivision and final review of a site plan. The ordinance also formally requires campaign disclosure statements from developers as part of an application checklist for major subdivisions and site plans something the borough recently acknowledged had been overlooked since the ordinance went into effect in 2004.
The council also decided unanimously after an executive session to award a two-year contract to Freehold for animal control services. Freehold will charge $2,250 for the first 20 calls and $37 a call thereafter, explained Borough Administrator Candace Gallagher. That compares to a $45-an-hour fee that had been charged by East Windsor, she said.
In other business at Monday’s meeting, Mayor Patten swore in Janine Khalifa of Voorhees as the newest member of the police force. Patrolman Khalifa replaces a former probationary officer who resigned in September. She becomes the force’s only female officer.

