Fort Monmouth towns want COAH rules changed

By KENNY WALTER
Staff Writer

OCEANPORT — Borough officials are seeking the support of state legislators and the county freeholder board for a reduction in the affordable housing quotas imposed on the three Fort Monmouth host towns.

According to Councilman Joseph Irace, the Oceanport Borough Council is preparing a resolution that calls on 11th and 13th District legislators to draft changes to legislation setting a higher affordable housing quota for sectors of Fort Monmouth that fall within the borders of Oceanport, Eatontown and Tinton Falls.

“Hopefully they will support us and hopefully change that, and take Fort Monmouth out of that special category,” Irace said.

Oceanport’s resolution will ask for the new regulations to set the same 10 percent affordable housing requirement for development at the fort as is being proposed for municipalities statewide.

“Fort Monmouth is carved out, and it calls for 20 percent affordable housing regardless of the new regulations,” Irace said. “We are a little upset about that, because why are we being treated differently than the other 560-some-odd communities in the state?

“Why shouldn’t Oceanport, Eatontown and Tinton Falls have 10 percent at Fort Monmouth just like we are getting everywhere else?”

Tammori Petty, spokeswoman for the Department of Community Affairs (DCA), which oversees the Council on Affordable Housing (COAH), said in an email last week that the set-aside on the fort is dictated by state law and not included in the proposed update of COAH regulations.

COAH is currently seeking public comment on the updated regulations, which are expected to be adopted in the fall.

Tinton Falls Borough Attorney Brian Nelson said last week that under the statute adopted in 2008, Fort Monmouth is considered a special regional planning district and the updated rules would not apply.

“The proposal applies to the municipalities, but the fort district is treated different under the statute,” he said. “The 2008 amendment to the Fair Share Housing Act treats Fort Monmouth almost as if it is a separate municipality, so to speak.”

Nelson said the regulations for Fort Monmouth were previously the subject of litigation, and the 20 percent set-aside was upheld by the appellate court.

“Since the issue was successfully litigated, I think everyone is following that court decision,” he said.

The appeal was originally submitted on May 11, 2010, by Fair Share Housing Center of Cherry Hill.

According to that decision, the fort reuse plan provides 1,585 residential housing units, 20 percent of which would be affordable.

While no resolution similar to Oceanport is on deck for Tinton Falls, Nelson said there would eventually be a time when affordable housing on Fort Monmouth becomes a topic of conversation.

“I’m sure there will be a point in time in the not-too-distant future where the issue will have to be addressed by the governing body when plans are presented for a residential component on the fort property,” he said. “Thus far, the borough of Tinton Falls has only dealt with commercial or other public properties.”

Eatontown Mayor Gerald Tarantolo also said the Borough Council is holding off on a resolution.

“I believe, until we get something specific from the state, we should not be taking any action,” he said. “I know some members of the council have raised the issue, but we are not taking any specific action until we hear more information from COAH at the state level.”

COAH is tasked with setting affordable housing requirements for municipalities and ensuring that developers are granted an opportunity to build affordable units.

However, the council has become a lightning rod for criticism, as municipal officials and Gov. Chris Christie’s administration have called for an end to affordable housing quotas. Meanwhile, advocacy groups such as the NAACP have sought to protect them.

Christie unsuccessfully attempted to abolish COAH in 2012, later placing it under the jurisdiction of the DCA.

COAH has since been mired in legal challenges and uncertainty. The new regulations and projections were released in April, on the eve of a mandatory deadline issued last fall by the state Supreme Court.

A public hearing on the proposed rules is set for 9:30 a.m. July 2 in the offices of the state Housing and Mortgage Finance Agency in Trenton.