During the most recent Oakland council meeting, discussions revolved around two of New Jersey’s most controversial and litigious entities – The Council For Affordable Housing and the New Jersey Highlands Council.
The reasons for the local discussions concern how Oakland will conform to the Highlands Master Plan which includes a Preservation Area and a Planning Area.
How it impacts Oakland:
1) Possibility to reduce affordable housing obligations based on a Memorandum of Understanding between COAH and the Highlands Council that will give more weight to the number of obligated units determined by the Highlands.
2) Potential to raise revenue through the Transfer of Development Rights
3) More stringent regulations and standards on septics systems and construction.
Background:
Both entities bear the imprint of Governor Chris Christie’s influence as he has sought to dismantle COAH completely, and appoint members to the Highland’s Council that some consider controversial.
The Highlands Council, created in 2004 to preserve & protect the lands surrounding NJ water supplies, determined that Oakland has about 3,000 acres in the Planning Area, and 2,600 in the Preservation Area .
Conformance with the Highlands Master Plan for the Planning Area is voluntary, and a presentation by the NJ Highland Council discussed how Oakland could benefit from opting into the Plannning Area through a reduction in affordable housing regulations.
COAH and the NJ Highlands Council were issuing contradictory statements regarding where affordable housing could be built and the number allowed. In 2008, a memorandum of understand was reached where the NJ Highlands Council would take the lead in working with COAH to establish obligations for the 88 municipalities impacted by the Highlands Act.
The TDR program allows development rights to be sold from areas being protected from over-development to areas seeking development; but it is an acknowledged fact the program is not working. The failure of the system is highlighted in terms of how it was intended to fund compensation to property owners whose land was devalued because of the Highlands Act, with potentially billions of dollars of value having been lost.
Septic maintenance is a component in terms of Oakland conforming to the Highlands Master Plan. The original proposal in 2009 to have mandatory septic inspections and licensing was derailed under protest that it was a “toilet tax”. It has since been left more ambiguous, but new standards would ultimately be put in place.
In West Milford, which is used as an example by the Highlands Council, septics must be pumped every 3 years with proof being submitted to the local government; in addition, new septics may need to be installed whenever major reconstruction of a resdiential home occurs.
LINKS:
Memorandum of Understanding between COAH and NJ Highlands Council
http://www.highlands.state.nj.us/njhighlands/planconformance/mou_highlands_council_and_coah.pdf
Original Proposal For Septic Licensing and Inspections
http://www.highlands.state.nj.us/njhighlands/planconformance/septic_system_density_model.html
Chris Christie appoints critic of Highlands to Highlands Council
http://newjerseyhills.com/observer-tribune/news/highlands-council-meets-in-chester-and-picks-a-foe-as/article_082bef18-963b-11e2-96d7-0019bb2963f4.html
TDR Solution not working for homeowners seeking compensation
http://newjerseyhills.com/hunterdon_review/news/n-j-highlands-council-still-no-solution-to-reimbursing-property/article_0089c932-1de7-11e2-a200-0019bb2963f4.html
Highlands Interactive Map
http://www.njhighlands.us/hgis/
Two questions: What is the status of our funds which were intended to be used for affordable housing in Oakland? It is rumored that Gov. Christie intends to transfer Oakland’s funds to the state treasury. I would appreciate suggestions of what we can do to prevent the loss of these funds?
Oakland still has the money as the Governor is currently engrossed in litigation over his right to take the money from the towns that haven’t used it. He needs it to balance the budget without either a) raising taxes; or b) cutting services.