Marlboro lays out plan for COAH units

Facing an affordable housing obligation of a total of 1,673 units from the state Council on Affordable Housing (COAH) for three rounds dating back to 1987, Marlboro officials have turned to 100 percent affordable housing projects to meet that requirement.

Marlboro's COAH plan was introduced to the Planning Board during its Dec. 17 meeting and approved by the Township Council on Dec. 18 for submission to COAH by Dec. 31.

Officials said the housing plan will be accomplished without disrupting Marlboro's remaining farmland.

The first two rounds of New Jersey's affordable housing regulations ran from 1987-99. According to COAH, Marlboro had an obligation to provide 1,019 affordable housing units for the first two rounds and is faced with a projected growth share obligation of 654 affordable housing units from 2004-18.

Although COAH shows Marlboro's third-round obligation at 654 units, Marlboro's professionals believe the township would be responsible for 379 units with exclusions due the municipality.

Even though officials are planning for affordable housing, it is not certain if all of the units will be built. That will be determined by the construction of market-rate houses and commercial development that takes place in Marlboro between 2004 and 2018.

New Jersey Department of Community Affairs spokesman Chris Donnelly said, "Municipalities must submit a plan based on their third-round obligation number as determined by COAH. But the third round uses a growth share method. Growth share is a way to measure a municipality's affordable housing needs based on actual growth that takes place.

"Under growth share, one unit among every five housing units created in a municipality must be affordable (i.e., sold or rented at below market rates based on an individual's income level); one affordable housing unit must be provided for every 16 jobs created in a municipality, measured by new commercial development. A municipality zones to accommodate affordable housing among market rate development," Donnelly said.

In presenting the plan, Marlboro Mayor Jonathan Hornik said, "Too long the need to build affordable housing has dominated the way Marlboro developed and in the wrong ways. A lot of past administrations, past councils, allowed developments to be approved under the guise that it was going to satisfy our COAH obligation and yet none of those COAH houses ever got built."

Hornik said officials are arguing against the number of growth share units assigned to Marlboro because they believe the number is too high. He said Marlboro has joined a New Jersey League of Municipalities lawsuit challenging the COAH mandates.

To meet the township's growth share obligation, Hornik said the administration sought the opinion of the public by hosting visioning meetings.

The purpose of the meetings was to see how residents envisioned Marlboro in the future and where they would want to see the affordable housing units placed, the mayor explained. Residents expressed the desire to see open space maintained where possible.

Hornik said the resulting affordable housing plan was built on the philosophy of improving what has already been disturbed.

"That's where we focused our attention. The idea being that we would turn a negative into a positive," the mayor said.

Representatives of Marlboro's planning firm, Heyer, Gruel and Associates, informed those in attendance at the Dec. 17 Planning Board meeting that Marlboro's affordable housing obligation is one of the worst in the state.

Susan Gruel explained to the public that many sites in the previous round obligations stem from litigation.

The prior round obligations are addressed in the current plan through credits from existing development, inclusionary developments which were previously litigated and part of a 1985 consent order, a 100 percent affordable housing development, bonuses and, the officials hope, with regional contribution agreements (RCA) that had previously been planned.

An RCA allowed a town such as Marlboro to transfer a part of its affordable housing obligation to a municipality which wanted to accept money that it would use to build affordable housing or to rehabilitate substandard housing within its own borders.

A new state law has done away with regional contribution agreements.

Marlboro entered into an RCA with Trenton in July 2004 which would have seen 332 affordable housing units transferred out of Marlboro. At the request of COAH, the RCA was amended to bring the per unit compensation amount inline with current regulations.

The amendment provided that Marlboro would transfer the sum of $8.3 million to Trenton. The township has this money in its housing trust fund, which Hornik said contains close to $14 million. In the event the proposed RCA with Trenton is approved or determined to be judicially valid, the 332 units would be used to address both the prior rounds and the growth share obligations.

Hornik said Marlboro would reserve its right to sue for the ability to include the RCA in the COAH plan. The mayor has also appealed to state representatives and to Gov. Jon Corzine asking that changes be made in regard to the current prohibition against RCAs.

If the RCA is allowed, the only new market rate housing units for the growth share would be generated through a proposed agerestricted assisted living facility.

Officials reported that 280 affordable housing units would be created through two 100 percent affordable housing developments if the RCA is approved. If not, 344 affordable housing units would be created through four 100 percent affordable developments (i.e., developments that would

only include affordable housing).

Prior round projects have been included in previous plans that Marlboro has submitted. Included in the prior rounds are the Northpointe development, a 384-unit development off Nolan Road; and the Bluh and Batelli property on Tennent Road, known as Wildflower, which recently received preliminary site plan approval from the Planning Board.

Wildflower will have 200 market rate senior housing units and 50 affordable rentals for people of all ages. Also included among the prior round plans is the Entron property on Route 79, where 200 market rate units have been supplied with 50 affordable units.

The prior round also contains a project labeled Weitz Mediated-Sites 9A and 9B. According to the COAH plan, in 2000 developer Michael Weitz reached a mediated settlement agreement for rezoning the properties. Site 9A, at Greenwood and Texas roads, has been proposed to contain 126 market rate senior units. Site 9B, along Texas Road just south of Wooleytown Road, will contain 72 affordable family rental units.

Hornik has also introduced a new 100 percent affordable housing project along Ticetown Road, across from Provincial Drive. The development will consist of 176 affordable family rental units on the site of a former junkyard.

The mayor has reported that if the RCA with Trenton is not allowed, then 126 credits from the development would apply to the prior round obligation still needed. If the RCA with Trenton is allowed, then the total number would be applied to Marlboro's growth share obligation from 2004-18. Ingerman Group, of Pennington, would manage the affordable project.

Taking part in the third round growth share obligation is a 92-unit senior rental affordable housing project to take over the Marlboro Motor Lodge on Route 9 south. At present, the property consists of the motel, a restaurant and office space.

Community Investment Strategies, of Bordentown, is the proposed developer and manager of this proposed project. In this instance Marlboro would have to participate in acquiring the land, the mayor reported.

Also included is a proposed Sunrise Assisted Living facility on Route 520 near Route 9. This potential development proposes that 12 of its apartments will be designated for low- and moderate-income individuals. A use variance for the application would be required and is expected to be heard before the Zoning Board of Adjustment in the future.

Should the RCA with Trenton not be permitted, two more affordable housing projects are being planned for. One proposal would include about 25 family rentals for low- and moderate-income households and 50 supportive/special needs affordable housing units for multiple sclerosis patients. No location for that project has been identified.

Another project has no identified developer at the moment, but could contain about 115 affordable housing units, according to information provided by the mayor.

Contact Rebecca Morton at marlboro@gmnews.com.