By Amy Batista, Special Writer
CRANBURY – The Planning Board reviewed and adopted the proposed amended Third Round Housing Element and Fair Share Plan of the Cranbury Township Master Plan during its meeting on April 7.
“I am just briefly going to talk about what has happened in the affordable housing world since the last time some of you saw me back in 2008,” said planner Marybeth Lonergan, an associate partner of Clarke Caton Hintz.
She said that Cranbury Township had its initial Third Round Plan adopted by the board and endorsed by the governing body in 2008.
“That plan was approved by the Council on Affordable Housing (COAH) back in 2010,” she said. “That plan had addressed what was known at the time as the growth share requirements.”
Growth share requirements are a provision of affordable housing based on future development or lack of development in a community.
“After COAH had certified the township’s Third Round Plan, the courts overturned the growth share concept,” said Ms. Lonergan. “Initially, the appellate division overturned those regulations in October 2010.”
Subsequently, the Supreme Court upheld that invalidation of COAH’s rules in 2013, she added.
“As part of that decision, the court said you should go back to the drawing board you should follow the methodology we previously upheld for the first and second round of COAH and then go ahead and craft new rules and regulations,” she said.
In 2014, COAH tried but failed to adopt valid but fair third round rules, she said.
“In March of last year, the Supreme Court said enough and took COAH out of the Affordable Housing Plan review and approval process and sent the functions of reviewing and recertification, protecting towns from builders and remedy loses back to the Superior Court,” she said, adding that the Superior Court had these functions before the Fair Housing Act was created in 1985 which created COAH.
She said in response to the Superior Court’s decision, Cranbury Township had filed to be under the Superior Court’s jurisdiction in a declaratory judgment action in July of last year.
“Here we are almost a full year after the township’s filing and there’s still a delay in the Superior Court providing towns with their Third Round Fair Share obligation,” she said.
Ms. Lonegran said that there are a number of judges across the state that are taking different paths on what to do.
“Some are going ahead and scheduling trials,” she said. “Some judges like Judge (Douglas) Wolfson in Middlesex County, they’re encouraging towns to settle on a fair share number with the parties involved in the case.”
Ms. Lonegran believes it makes sense for Cranbury Township to have engaged in these settlement discussions.
“To plan for as we have done, to plan for and address a third round obligation because we have access to laws and regulations from the second round that were upheld,” she said, adding that the township’s obligation was 20 percent of the existing occupied housing stock.
She said that number for Cranbury is 260 units.
“That’s based on the estimate and survey of approximately 1,300 total units of existing occupied housing units in the township,” she said.
Ms. Lonegran said that the township should continue planning to address the 260 units obligation.
“I’m just focusing on the third round obligation,” she said.
Ms. Lonegran said that the township has a substantial compliance rate. No more than three or four towns across the state were given credit for addressing their first-round obligation in their second round.
“The rest of the state is way behind us is that what you are saying?” said Planning Board Chairman Allan Kehrt. “Then why are we suffering so much?”
“Well, hopefully this plan will help ease the suffering a little bit,” Ms. Lonergan said. “You really did such a good job at the end of the prior round. You have a solid 66 units surplus that you were able to use to help address your third round.”
So the 66 units really represent 25 percent of the 260.
“I think you’ve always planned smartly,” she said. “I think the plan is well thought out and it’s going to put you in a good step for the foreseeable future.”
Ms. Lonegran said that she understands that the plan and a host of other documents will be submitted to the Superior Court and that there is a scheduled court hearing on April 18 where the township will be seeking a tenure judgment of compliance and repose from the court.
“Whether it will be granted literally that date or not I’m not sure,” she said, adding that she was going to be at that hearing representing the township.
Cranbury Housing Associates President Mark Berkowsky said it’s an excellent plan.
“I look forward to implementing it,” he said.
