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Housing Element and Fair Share Plan
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Executive Summary
The Borough of Allendale is seeking to adopt its Housing Element and Fair Share Plan (HE&FSP) for Round Four. This plan details how the Borough will address its affordable housing obligations as mandated by recent amendments to the New Jersey Fair Housing Act. The document outlines the Borough's present need (rehabilitation obligation) and prospective need (new construction obligation) for affordable housing. It also details the mechanisms the Borough will employ to meet these obligations, including specific programs, zoning ordinances, and potential development sites. The plan has undergone public hearings and is now presented for adoption by the Planning Board and endorsement by the Borough Council. The HE&FSP is a critical step in the Borough's ongoing commitment to providing affordable housing opportunities within the community.
Web Content
Home Your Government Land Use Board Land Use Board Section Menu The Allendale Land Use Board fulfills the responsibilities’ of both a Planning Board and a Zoning Board of Adjustment. It consists of volunteers appointed by the Mayor who are responsible for preparing the Borough Master Plan, subdivisions, site plan review and residential variances in compliance with requirements of the New Jersey Municipal Land Use Law (MLUL). Their responsibility also includes making recommendations to the Governing Body regarding changes to the zoning ordinances, official map and capital improvement projects planned within the Borough of Allendale. The Allendale Land Use Board will meet the challenge of maintaining the quality of life of the community. This is evidenced by the effect it has had on the orderly development and redevelopment of our lands into a harmonious blend of residential, recreation, commercial and open space land uses. Combined with our excellent schools, superior community services, abundant employment opportunities, availability of mass transportation, variety of housing alternatives, and prudent fiscal policies of the Governing Body, Allendale is considered a great place to live. These are just some of the reasons why over 6,000 residents choose to live in our town. All members of this Land Use Board are residents of Allendale except Lawrence Calli, Esq., Board Attorney, Mike Vreeland, Board Engineer and Ed Snieckus, Professional Planner, consultant to the Land Use Board. The board consists of nine regular members and two alternate members. Housing Element and Fair Share Plan (June 5, 2025 ) Housing Element and Fair Share Plan for Round 4 RESOLUTIONS 2 026 Appointed P rofessionals Board Members Name Title Michael A. Sirico Chair John Dalo Vice Chair Tyler Yaccarino Member Frank Putrino Member Joseph Conte Member Amy Wilczynski Mayor Gregg Butler Member Jason Warzala Member Andrew Agugliaro Member Ryan Ensenat Alternate 1 Chas Johnson Alternate 2 Staff Contacts Name Title Phone Joann Catalfumo Land Use Administrative Assistant (201) 818-4400 ext. 212 Larry Calli Attorney Ed Snieckus Planner Michael Vreeland Engineer Your Government Land Use Board Toggle Section Land Use Board Toggle Section Agendas & Minutes Livestream & Meeting Videos Meeting Information Resolutions Fair Share Housing View Full Menu Toggle Section Agendas and Minutes Boards and Committees Toggle Section Land Use Board Library Board of Trustees Board of Health Budget and Finance Toggle Section Budget Financial Statements and Reports Department Directory Elections Toggle Section Election Results Volunteers and Election Officials Voting Districts Federal, State and County Governments Job Opportunities Toggle Section Police Department Job Opportunities Mayor and Council Toggle Section Agendas and Minutes Council Meeting Schedule Livestream and Videos Council Meeting Information From the Office of the Mayor News and Notices Toggle Section Newsletters Memos & Press Releases From the Office of the Clerk From the Office of the Mayor Legal Notices Open Public Records Request Municipal Code Borough Clerk Toggle Section Applications & Forms Public Notices/ Bids/ RFPs Tax Department America 250 Toggle Section Hometown Heroes 250th Parade Master Plan Contact Us Borough of Allendale 500 W Crescent Ave Allendale, NJ 07401 Phone (201) 818-4400 Land Use Board Calendar Jun 15 Land Use Board Meeting Jun 17 Land Use Board Meeting Jul 13 Land Use Board Meeting Jul 15 Land Use Board Meeting Aug 17 Land Use Board Meeting View All
Document Text
--- Document: Housing Element and Fair Share Plan (June 5, 2025 ---
Housing Element and
Fair Share Plan
June 5,2025 Submitted for Approval
Borough of Allendale
Master Plan
1
Community Planning
Principals:
Land Development and Design
Joseph H. Burgis PP, AICP
Landscape Architecture
Edward Snieckus, Jr. PP, LLA, ASLA
David Novak PP, AICP
i
b a
B
U
R
G
I
S
A S S O C I A T E S, I N C.
Housing Element and
Fair Share Plan
Borough of Allendale
Bergen County, New Jersey
Prepared for the Borough of Allendale
Planning Board
BA# 4127.03
The original document was appropriately signed and sealed on June 5, 2025 in accordance with
Chapter 41 of Title 13 of the State Board of Professional Planners
_______________________________
_______________________________
Joseph H. Burgis, AICP, PP
Ed Snieckus, Jr. PP, LLA, ASLA
Professional Planner #2450
Professional Planner #5442
ii
Members of the Borough of Allendale Land Use Board
Amy Wilczynski, Mayor
Tyler Yaccarino, Council Member
Michael A. Sirico, Chair
Melissa Bergen, Vice Chair
Frank Putrino, Member
John Dalo, Member
Jason Warzala, Member
Andrew Agugliaro, Member
Gregg Butler, Member
Joseph Conte, Alternate 1
Planning and Zoning Board Secretary
Linda Garofalo
Planning Board Attorney
Lawrene Calli, Esq.
Cali Law, LLC
Planning Board Engineer
Michael Vreeland, PE PP, CME
Van Cleef Engineering
Planning Board Planning Consultant
Edward Snieckus, Jr. PP, LLA, ASLA
Allison Fahey, PP, AICP
Burgis Associates, Inc
iii
Contents
Executive Summary ............................................................................................................................................ 1
Prior Round Obligation ................................................................................................................................ 1
Third Round Obligation ............................................................................................................................... 2
Fourth Round Obligation ............................................................................................................................ 4
Section 1: Introduction ..................................................................................................................................... 7
What is Affordable Housing? .................................................................................................................... 7
What is a Housing Element and Fair Share Plan? ............................................................................ 11
Allendale’s Affordable Housing History .............................................................................................. 12
Section 2: Housing Element .......................................................................................................................... 14
2.1: Community Overview ......................................................................................................................... 15
2.2: Demographic and Population Data .............................................................................................. 19
2.3: Inventory of Housing Stock ............................................................................................................. 22
2.4: Housing and Employment Projection .......................................................................................... 26
Section 3: Fair Share Obligation .................................................................................................................. 29
3.1: Summary of Fair Share Obligation ................................................................................................ 29
3.2: Structural Conditions Survey ........................................................................................................... 29
3.3: Realistic Development Potential (RDP) ........................................................................................ 30
Section 4: Fair Share Plan ............................................................................................................................... 32
4.1: Present Need Obligation (10) ......................................................................................................... 32
4.2: Prior Round Obligation ...................................................................................................................... 32
4.3: Third Round Obligation ..................................................................................................................... 34
4.4: Fourth Round Obligation .................................................................................................................. 39
4.5: Unmet Need (196) ............................................................................................................................... 41
4.6: Other Provisions ................................................................................................................................... 42
4.7: Review of Rejected Development Sites ....................................................................................... 43
4.6: Consistency with State Planning Initiatives ............................................................................... 43
4.7: Crediting Documentation and Ongoing Compliance ........................................................... 44
Appendices .......................................................................................................................................................... 45
~ 1 ~
Executive Summary
The following 2025 Housing Element and Fair Share Plan (HE&FSP) of the Master Plan has
been prepared for the Borough of Allendale. This plan is designed to outline the manner
in which the Borough will address its affordable housing obligations. Ultimately, these
obligations were derived from a variety of different sources, the New Jersey Fair Housing
Act, as amended in March of 2024 (hereinafter “FHA II”), the New Jersey Council on
Affordable Housing (COAH), and a prior settlement agreement with Fair Share Housing
Center (FSHC).
These obligations can be summarized as follows:
Table 1: Affordable Housing Obligation Summary
Category
Obligation
Prior Round Obligation (1987-1999)
137
Third Round Obligation (1999-2025)
308
Fourth Round Obligation (2025-2035)
200
Present Need (Rehabilitation) Obligation
159
Prior Round Obligation
The Borough received a First Round JOR on February 25, 1991.
COAH assigned the Borough a Prior Round Obligation of 137 units for Rounds 1 and 2.
The Borough fully addressed this obligation with a combination of a Regional
Contribution Agreement, inclusionary development, 100% affordable development, and
supportive and special needs housing as summarized in Table 2.
~ 2 ~
Table 2: Prior Round (1987-2025) Affordable Housing Components
Project Description- Prior Round
Prior
Round
Units
Prior
Round
Bonus
Surplus
Regional Contribution Agreements (RCAs)-
Completed
•
40 units to Jersey City
•
4 units to Ridgefield Borough
44
-
-
Allendale Brook Associates project located
on Carriage Court and Trotters Lane
Completed
•
9 affordable family for-sale units
4
-
5
Saddle Dale Builders project located on
Elm Street (Block 1809, Lot 8) – completed
•
3 family affordable for-sale units
•
2 units are low-income units
3
3
-
Garden Homes/The Whitney project (Block
2101, Lots 1, 2, 3, 5, 6, 7, 8) – completed
•
12 affordable family rental units
-
-
12
All affordable units addressing the Prior Round are completed.
In 2008, COAH approved the Borough’s Housing Element and Fair Share Plan and
adopted a resolution certifying that plan.
Third Round Obligation
On March 10, 2008, in a case commonly referred to as Mount Laurel IV, the Supreme
Court declared COAH moribund and established a procedure for municipalities to secure
approval of a Housing Element and Fair Share Plan for Round 3. Allendale voluntarily
participated in the new procedure to pursue approval of a Round 3 plan for a second
time based on the laws established in Mount Laurel IV.
In September 15, 2017, in the context of a declaratory relief action filed pursuant to
Mount Laurel IV, the Borough entered into a Settlement Agreement with Fair Share
Housing Center (FSHC). After the Planning Board adopted and the Borough endorsed a
Housing Element and Fair Share Plan in 2018, the Court entered a Judgment of
Compliance and Repose June 27, 2019 approving this affordable housing plan.
The Housing Element and Fair Share Plan included an application for a Vacant Land
Adjustment, which, if approved, would result in a Realistic Development Potential of 54
units and an unmet need of 254.
~ 3 ~
The Housing Element and Fair Share Plan set forth the various mechanisms to address the
Borough’s RDP of 54. As illustrated by the chart below, while there are some minor
changes in how we apply the crediting from the implementation of the Third Round Plan,
the Borough has fully satisfied its RDP for this Round.
Table 3: Third Round (1999-2025) Affordable Housing Components
Project Description
Third
Round
Units
Third
Round
Bonus
Total
Third
Round
Credits
Surplus
Credits
Allendale Brook Associates inclusionary for
sale development- Carriage Court and Trotters
Lane (Block 2101, Lot 9) – Completed
•
5 of the 9 units will be carried
over as surplus to Third Round
5
-
5
-
Garden Homes/Whitney project (Block 2101,
Lots 1 through 3 & 5 through 8) – Completed
•
12 family affordable rental units
12
12
24
-
Former Farm project (Block 506, Lots 4.07 and
4.08) – completed
•
2 family affordable rentals.
2
1 cap
3
-
Crescent Commons project - completed
•
5 family affordable for sale units + 2
supportive shared living units
7
-
7
-
220 West Crescent Avenue project (aka The Vale)
– completed
•
6 total affordable non-age-restricted
rental units
5
applied
-
5
1
Eastern Christian Group Home 1 project (Block
910, Lot 3) – completed
•
5 completed bedrooms
5
-
5
-
Eastern Christian Group Home 2 project (Block
1005, Lot 4) – completed
•
5 completed bedrooms
5
-
5
-
TOTAL: 54 credits to address RDP
41
13
54
+1
While the Borough’s received an adjustment to their 308 new construction obligation for
Rounds 1 through 3 due to the lack of adequate vacant land, the applicable rules required
the Third Round Plan to include various programs towards what is termed as unmet need.
~ 4 ~
Unmet need is the remainder when the 54-unit RDP is subtracted from the total Third
need of 308 which leaves a remainder of 254 units.
In the Third Round, the Borough implemented zoning programs of overlay zones and a
mandatory set aside ordinance, to capture units towards this need if properties were
residentially developed.
Fourth Round Obligation
For the reasons set forth below, the Borough’s rehabilitation obligation, also referred to
as its Present Need is 10 and its Round 4 Prospective Need is 200.
Present Need/Rehabilitation Obligation
Although the Department of Community Affairs (DCA) determined a Present Need
(Rehabilitation) obligation for the Round Four of 159 units, the Borough exercised its right
to conduct a Structural Conditions Survey to more accurately reflect the number of units
in need of rehabilitation in Allendale. Accordingly, the Borough conducted a Structural
Conditions Survey based on the criteria established in N.J.A.C. 5:93-5.2 and N.J.A.C. 5:97-
6.2, which reference “Appendix C” of the rule. Allendale’s Construction Official completed
an exterior survey of the Borough between 12/26/24 to 1/10/25. That survey
demonstrated that only 10 units needed repair-not 159. Although Allendale submitted
this survey to the Program and contended that its Present need, also known as its
rehabilitation obligation, should be reduced to 10, the Program took the position that it
would only consider adjustments to the Present Need when municipalities submitted
their Housing Element and Fair Share Plans for review. Accordingly, this plan includes the
structural conditions survey previously submitted in support of the proposition that its
Present Need is 10.
Round 4 Prospective Need Obligation
As noted above, the Fair Housing Act was amended last year, and this plan refers to the
amended FHA as FHA II. FHA II abolished COAH and created a new process that involved
the creation of a new entity known as the Affordable Housing Dispute Resolution
Program (the Program).
FHA-II directed the DCA to calculate the Present Need (also referred to as the
Rehabilitation obligation) and the Prospective Need (also known as the new construction
obligation) for Round Four based upon the standards set forth in the Act. The DCA issued
its report on October 18, 2024, and, in accordance with the Act, made clear that the
obligations generated by the report were advisory only and non-binding. For Allendale,
the DCA Report identified a Present Need of 159 and a Prospective Round Four Need of
260.
Since the DCA report is non-binding, each municipality had the opportunity to study and
define why its obligations should be different based on the standards in the Act. The
Borough conducted such an analysis and determined that the DCA had overestimated the
~ 5 ~
amount of developable land in the Land Capacity Factor calculation, which is one of three
factors FHA II requires to be used to allocate the regional need to municipalities in each
region. The Borough adopted a binding resolution on January 23, 2025, which identified
an adjustment to the Present Need of 159 identified by DCA, to 10 units based upon a
study by the Building Official in compliance with applicable rules for adjusting the
rehabilitation obligation. In addition, the Borough contended that its Round 4 prospective
need should be reduced to 182 based upon DCA’s overestimate of land that is
developable in conjunction with determining the Land Capacity Allocation Factor.
In accordance with the procedures established by FHA II, FSHC objected to the reduction
in the Round 4 prospective need that would result if the Borough’s 182 determination
was approved. In accordance with FHA II, a judge assigned by “the Program”-an entity
created by FHA II, oversaw mediation between the Borough and FSHC.
Mediation culminated in a mediation Agreement, dated April 21, 2025, setting the
Borough’s Round 4 Prospective Need at 200. On May 5, 2025, a vicinage area judge
approved that number.
Vacant Land Adjustment
Rehabilitation) obligation for the Round Four of 159 units, the Borough reserved the right
to conduct a Structural Conditions Survey to more accurately reflect the number of units
in need of
rehabilitationrehabilitationrehabilitationrehabilitationrehabilitationFurthermore, the
January 23, 2025 resolution noted that the Borough reserved the right in accordance with
applicable regulations, to seek an adjustment of its Fourth Round Prospective Need
number based upon a lack of vacant, developable and suitable land. FHA II authorizes
municipalities to rely on COAH standards that do not contradict FHA II and COAH permits
municipalities to secure adjustments to their obligations. Moreover, in apparent
recognition of the burdens created by the preparation of a vacant land adjustment, COAH
permits municipalities to rely upon a prior vacant land adjustment. The Borough is
exercising that right which resulted in the Court approving a vacant land adjustment that
set the Borough’s RDP at 26. In a further effort to eliminate any possible objection to its
claim for an adjustment, the Borough investigated whether there were any changed
circumstances that have occurred since the Court approved the Borough’s entitlement to
a vacant land adjustment that might warrant recalibrating the RDP.
Although there are no such changed circumstances, the Borough acknowledges that
there is the potential to redevelop an existing restaurant property in the next housing
cycle and so it will accept an RDP of 4 attributable to this site. This analysis is covered in
more detail in Section 3.
~ 6 ~
The remainder of this 2025 HE&FSP is divided into the following sections:
Section 1: Introduction
The first section of the 2025 HE&FSP provides an introduction to affordable
housing. It summarizes what affordable housing is, offers an overview of the
history of affordable housing in the state, and explains the role of a housing
element and fair share plan.
Section 2: Housing Element
Section 2 contains the Housing Element for the Borough of Allendale. It offers an
overview of its community, as well as back information regarding its population,
housing, and employment characteristics. It also provides a projection of the
Borough’s housing stock and its employment projections.
Section 3: Fair Share Obligation
Next, Section 3 provides an overview of the Borough’s fair share obligation. It
includes a brief history of the methodologies utilized to calculate affordable
housing obligations throughout the state.
Section 4: Fair Share Plan
Finally, Section 4 details the manner in which the Borough has addressed its prior
obligations and how it will address its Fourth Round prospective need
obligations.
~ 7 ~
Section 1: Introduction
The following section provides an introduction to affordable housing. It summarizes what
affordable housing is, offers an overview of the history of affordable housing in the state,
and explains the role of a housing element and fair share plan.
What is Affordable Housing?
Affordable housing is income-restricted housing that is available for sale or for rent. Most
often, affordable housing is restricted to very-low, low-, and moderate-income
households. These categories are derived from the state’s median regional income limits.
New Jersey is delineated into six different affordable housing regions. Allendale is located
in Region 1 which includes Bergen, Hudson, Passaic, and Sussex Counties.
Moderate-Income
Households
Earn 80% of the region’s
median income
Low-Income Households
Earn 50% of the region’s
median income
Very Low-Income
Households
Earn 30% of the region’s
median income
Regional income limitations are typically updated every year, with different categories
established for varying household sizes. The table below identifies the 2024 regional
income limits by household size for Region 1. As shown, a three-person family with a total
household income of no greater than $86,697 could qualify for affordable housing in the
Borough’s region.
Table 4: 2024 Affordable Housing Region 1 Income Limits by Household Size
Income Level
2 Person
3 Person
4 Person
5 Person
Median
$96,329
$108,371
$120,412
$130,045
Moderate
$77,064
$86,697
$96,329
$104,036
Low
$48,165
$54,185
$60,206
$65,022
Very-Low
$28,899
$32,511
$37,568
$39,013
One of the most common forms of affordable housing is inclusionary development, in
which a certain percentage of units within a multifamily development are reserved for
affordable housing. Nevertheless, affordable housing can be found in a variety of other
forms, including but not limited to: one hundred percent affordable housing
developments, deed-restricted accessory apartments, assisted living facilities, alternating
~ 8 ~
arrangements such as supportive housing or group homes, and age restricted housing.
What is the History of Affordable Housing in New
Jersey?
The history of affordable housing in New Jersey can
be traced back to 1975, when the Supreme Court
first decided in So. Burlington Cty. NAACP v.
Borough of Mount Laurel (known as Mount Laurel I)
that every developing municipality throughout New
Jersey had an affirmative obligation to provide for
its fair share of affordable housing. In a subsequent
decision in 1983 (known as Mount Laurel II), the
Court acknowledged that the vast majority of
municipalities had ignored their constitutional
obligation to provide affordable housing.
As such, the Court refined this obligation to
establish that every municipality had an obligation,
although those within the growth area of the State
Development and Redevelopment Plan (SDRP) had
a greater obligation. The Court also called for the
state legislature to enact legislation that would save
municipalities from the burden of having the courts
determine their affordable housing needs. This
decision, along with the trial court decisions
implementing this decision, resulted in the
enactment of the New Jersey Fair Housing Act in
1985. This Legislation created the New Jersey
Council on Affordable Housing (COAH), and
assigned COAH primary jurisdiction” to implement
the policies embodied in that Legislation. To
implement its policies, the Legislature charged
COAH with adopting regulations from “time to
time.” Since a grant of substantive certification by
COAH, like the entry of a Judgment of Repose from
a court, gave municipalities only six years or
protection, it was particularly important for COAH to
adopt regulations from time to time. In this way, at
any time, a municipality would have available to it a
body of regulations by which it could determine its
obligations and select from a menu of techniques to
comply with its obligations.
In 1986, COAH adopted regulations for the First
Round obligation, which covered the years 1987 to
2015: Mount Laurel IV
COAH defunct and moribund. All
affordable housing matters to be heard
by courts
1986: Mount Laurel III
Every municipality has an obligation if
any portion of municipality was within
the “Growth Share Area” of the State
Development and Redevelopment Plan
1983: Mount Laurel II
Every municipality has an obligation if
any portion of municipality was within
the “Growth Share Area” of the State
Development and Redevelopment Plan
1975: Mount Laurel I
Every developing municipality has an
affordable housing obligation
~ 9 ~
1993. In 1994, COAH adopted Second Round regulations that established cumulative fair
share numbers for Rounds 1 and 2 (19870-1999). In 2004, COAH adopted the first set of
Round 3 regulations. In contrast to the regulations in Rounds 1 and 2 that established fair
shares based upon a determination of regions, the regional need and the allocation of
the regional need, the Round 3 regulations took a “growth share” approach to
determining a municipality’s fair share.
In January 2007, the Appellate Division invalidated various aspects of these rules and
remanded considerable portions of the rules to COAH with the directive to adopt revised
regulations.
In May 2008, COAH adopted revised Third Round regulations which were published and
became effective on June 2, 2008. Coincident to this adoption, COAH proposed
amendments to the rules they had just adopted, which subsequently went into effect in
October 2008. The second iteration of the Round 3 regulations, like the first, relied on a
growth share approach.
On October 2010, the Appellate Division invalidated the second version of the Round 3
regulations largely because COAH had once again taken a growth share approach. The
Appellate Division gave COAH five months to adopt new regulations that established fair
share obligations in the manner that it established regulations in Rounds 1 and 2 and not
through growth share.
In September 2013, the Supreme Court decided the challenges to the Appellate Division’s
rulings in October of 2010. The Supreme Court affirmed the Appellate Division’s decision
and again gave COAH five months to adopt new regulations that established fair share
obligations in the manner that it established regulations in Rounds 1 and 2 and not
through growth share.
COAH proposed regulations similar to those it adopted in Rounds 1 and 2 to establish fair
share obligations. It considered thousands of comments to its proposed regulations, and
it scheduled a hearing to consider the adoption of Round 3 regulations. However, when it
came time to vote on the regulations, COAH deadlocked 3-3. More importantly, COAH
took no action in the wake of that deadlock to break the deadlock.
In response to the deadlock and the Supreme Court’s ruling that there would be
consequences if COAH failed to adopt lawful Round 3 regulations, Fair Share Housing
Center, who was a party in both the 2010 and 2013 cases, filed a motion in aid of litigants’
rights with the New Jersey Supreme Court.
The Court heard the motion on January 6, 2015, and issued its ruling on March 10, 2015.
In that decision, commonly referred to as “Mount Laurel IV”, the Court ruled that COAH
was “moribund” and consequently turned over the tasks of implementing the Fair
Housing Act back to the trial courts where it had originally been prior to the creation of
COAH in 1985. In addition, Mount Laurel IV created a process in which municipalities may
~ 10 ~
secure protection from exclusionary zoning suits by
filing a declaratory judgment action seeking a
declaration that a Housing Element and Fair Share
Plan is constitutionally compliant and applying for
immunity while the court is processing the
application for approval of a Housing Element and
Fair Share Plan.
On January 18, 2017, the Supreme Court addressed
an issue unresolved up to that point: namely, what if
any is the responsibility of municipalities with
respect to the so-called “gap period.” The gap
period is the time between 1999 and 2015, when all
agree Round 4 would commence. The Court
expanded the obligation of municipalities to
address the present and prospective needs by
requiring them to accept an obligation for
affordable housing for the gap period.
In Mount Laurel IV, the Supreme Court ended its
opinion as follows:
“It is our hope that an administrative remedy
will again become an option for those
proactive municipalities that wish to use such
means to obtain a determination of their
housing obligations and the manner in which
those obligations can be satisfied.”
However, before COAH could be reconstituted and
against the backdrop of litigation seeking to compel
Governor Murphy to comply with the Fair Housing
Act and nominate members to the COAH Board, the
Senate President and Speaker of the House announced that there would be new
legislation that would abolish COAH. That announcement was made in December of
2024.
On March 20, 2024, after enormous pressure was applied to support new legislation, the
Legislature adopted, and the Governor signed an amendment to the Fair Housing Act to
abolish COAH and make substantial changes. This plan refers to the Fair Housing act as
amended as FHA II.
FHA II established standards for determining fair share obligations and assigned the DCA
with the task of preparing a non-binding report setting forth the fair share of every
municipality based on those standards. FHA II also created the Affordable Housing
Dispute Resolution Program (the “Program”) and tasked the Program with trying to
2024: A-4/S-50
New Jersey adopts new legslation which
overhauls the FHA. COAH is elimianted,
and its duties are split between the DCA
and the AOC.
2018: Jacobson Decision
Established methodology in Mercer
County for determining housing
obligation. Being utilized outside of
Mercer County for settlement purposes
2017: Gap Period
Finds that gap period (1999-2015)
generates an affordable housing
obligation
~ 11 ~
resolve disputes over the obligations generated by the fair share formula embedded in
the Act in the first instances and then with the affordable housing plans municipalities
adopted and endorsed to comply with their obligations in the second instance.
What is a Housing Element and Fair Share Plan?
A Housing Element and Fair Share Plan (HE&FSP) serves as the blueprint for how a
municipality will address its fair share of affordable housing. It is designed to help a
community broaden the accessibility of affordable housing.
While technically a discretionary component of a
municipal master plan, a HE&FSP is nevertheless an
effectively obligatory plan element. As established
by NJSA 40:55D-62.a of the Municipal Land Use
Law (MLUL), a municipality must have an adopted
HE&FSP in order to enact its zoning ordinance.
Thus, from a public policy perspective, a HE&FSP is
an essential community document. Moreover,
without a HE&FSP, a municipality may be susceptible to a builder’s remedy lawsuit in
which a developer could file suit and seek to force the municipality to rezone a specific
parcel to permit housing at higher densities than a municipality would otherwise allow,
provided a certain percentage of units are reserved as affordable.
The current version of the Fair Housing Act – FHA II – requires a housing element to
include the following components:
1. An inventory of the municipality’s housing stock by age, condition, purchase or
rental value, occupancy characteristics, and type, including the number of units
affordable to low- and moderate-income households and substandard housing
capable of being rehabilitated;
2. A projection of the municipality’s housing stock, including the probable future
construction of low- and moderate-income housing, for the next ten years, taking
into account, but not necessarily limited to, construction permits issued,
approvals of applications for development and probable residential development
of lands;
3. An analysis of the municipality’s demographic characteristics, including but not
necessarily limited to, household size, income level and age;
4. An analysis of the existing and probable future employment characteristics of the
municipality;
5. A determination of the municipality’s present and prospective fair share for low-
and moderate-income housing and its capacity to accommodate its present and
prospective housing needs, including its fair share for low- and moderate-income
housing;
The Municipal Land Use Law
(MLUL) is the enabling
legislation for municipal land
use and development, planning,
and zoning for the State of New
Jersey.
~ 12 ~
6. A consideration of the lands that are most appropriate for construction of low-
and moderate-income housing and the existing structures most appropriate for
conversion to, or rehabilitation for, low- and moderate-income housing, including
a consideration of lands of developers who have expressed a commitment to
provide low- and moderate-income housing;
7. An analysis of the extent to which municipal ordinances and other local factors
advance or detract from the goal of preserving multigenerational family
continuity as expressed in the recommendations of the Multigenerational Family
Housing Continuity Commission;
8. For a municipality located within the jurisdiction of the Highlands Water
Protection and Planning Council, an analysis of compliance of the housing
element with the Highlands Regional Master Plan of lands in the Highlands
Preservation Area, and lands in the Highlands Planning Area for Highlands
conforming municipalities;
9. An analysis of consistency with the State Development and Redevelopment Plan,
including water, wastewater, stormwater, and multi-modal transportation based
on guidance and technical assistance from the State Planning Commission.
Allendale’s Affordable Housing History
The following summarizes the Borough’s numerous efforts to address affordable housing
in Allendale as obtained from the narrative provided in the 2018 Housing Plan report
prepared by Clark Caton Hintz.
In 1988, Allendale prepared a Housing Element. On January 17, 1991, the Borough
amended the Housing Element following a builder’s remedy lawsuit. The Borough’s
amended First Round Housing Element and Fair Share Plan was reviewed by the Superior
Court and the plan received a Judgment of Compliance on February 25, 1991, which
granted the Borough a six-year period of repose.
Allendale Borough petitioned COAH with a Second-Round plan in 1997 and received
Second Round Substantive Certification from COAH on October 1, 2003.
It received Third Round Substantive Certification from COAH for its Third Round Housing
Element and Fair Share Plan on October 14, 2009. The Borough adopted its Third Round
Housing Element and Fair Share Plan on December 29, 2008, and was granted Third
Round Substantive Certification from COAH on October 14, 2009.
On April 15, 2010, the Borough adopted an amended Third Round Plan to increase the
number of affordable housing units generated at the Crescent Commons site. Although
the Borough petitioned COAH on May 7, 2010 with its amended Third Round plan, COAH
failed to act on the plan amendment prior to the Appellate Division’s 2010 invalidation of
COAH’s growth share regulations.
~ 13 ~
To comply with the March 10, 2015 Mt. Laurel IV decision, Allendale petitioned the
Superior Court on July 7, 2015, for a Declaratory Judgment and temporary immunity from
builder’s remedy suits so it could secure approval of a Round 3 Housing Element and Fair
Share Plan based upon the laws created by Mount Laurel IV. On December 10, 2015 , in
the context of this suit and pursuant to an order dated November 12, 2015 entered by
Judge Toskos in this suit, the Borough submitted a Summary Third Round Fair Share Plan
On January 27, 2016 , the Borough filed an amended Summary Plan to the Court to
address the fair share obligation calculated by Econsult Solutions, Inc. (“Econsult” or “ESI”)
in its December 30, 2015 report.
In August and December of 2016, the Borough submitted motions to the Court for
approval of second and third amendments to its 2010 amended Spending Plan in order
to spend money from its Affordable Housing Trust Fund on the creation of affordable
housing at sites that were not included in an approved Housing Element and Fair Share
Plan, in accordance with N.J.A.C. 5:97-8.11. Those sites specifically included two new
group homes operated by Eastern Christian Children’s Retreat (“Eastern Christian”) and
the 220 West Crescent Avenue senior rental development. The Court approved both 2016
Spending Plan amendments on September 20, 2016 and January 5, 2017.
In summary, the Borough has a demonstrated history of compliance as evidenced by the
receipt of a Judgment of Repose in Round 1, a grant of Substantive Certification in Round
2, a Judgment of Repose in Round 3 followed by the entry of a second Judgment of
Repose in Round 3, dated June 27, 2019, based upon the laws established by Mount
Laurel IV.
~ 14 ~
Section 2: Housing Element
The following section provides the housing element for the Borough of Allendale. It offers
an overview of its community, as well as back information regarding its population,
housing, and employment characteristics. It also provides a projection of the Borough’s
housing stock and its employment projections.
1. United States Decennial
Census
The US Census is described in Article I, Section 2
of the Constitution of the United States, which
calls for an enumeration of the people every ten
years for the apportionment of seats in the
House of Representatives. Since the time of the
first Census conducted in 1790, it has become
the leading source of data about the nation’s
people and economy. Please note that all
incomes reported in the Census are adjusted for
inflation.
regarding births, deaths, marriages, domestic
partnerships, and civil unions.
4. New Jersey Department of
Community Affairs (DCA)
The New Jersey Department of Community
Affairs is a governmental agency of the State
of New Jersey. Its function is to provide
administrative guidance, financial support,
and technical assistance to local
governments, community development
organizations, businesses, and individuals to
improve the quality of life in New Jersey.
2. American Community Survey
(ACS)
The American Community Survey is a
nationwide ongoing survey conducted by the
US Census Bureau. The ACS gathers information
previously contained only in the long form
version of the decennial census, such as age,
ancestry, educational attainment, income,
language proficiency, migration, disability,
employment, and housing characteristics. It
relies upon random sampling to provide
ongoing, monthly data collection. Please note
that all incomes reported in the ACS are
adjusted for inflation.
5. New Jersey Department of Labor
and Workforce Development
The New Jersey Department of Labor and
Workforce Development is a governmental
agency of the State of New Jersey. One of its
roles is to collect labor market information
regarding employment and wages
throughout the state.
3. New Jersey Department of Health
The New Jersey Department of Health is a
governmental agency of the State of New
Jersey. The department contains the Office of
Vital Statistics and Registry, which gathers data
Information Regarding Data Sources
The information contained in Section 2.2 entitled “Population Demographics,” Section
2.3 entitled “Inventory of Housing Stock,” Section 24 entitled “Employment
Demographics,” and Section 2.5 entitled “Housing & Employment Projections” was
obtained from a variety of publicly available data sources. These are summarized below:
~ 15 ~
2.1: Community Overview
The Borough of Allendale is located in the northwesterly portion of Bergen County. It is
bounded by five municipalities, including: the Borough of Ramsey to the north; the
Borough of Saddle River to the east; the Borough of Waldwick to the south, the Borough
of Wyckoff to the southwest and the Borough of Mahwah to the west. Borough is
essentially a fully developed community with very little vacant land remaining for
development.
The total land area of the Borough is 1994.13 acres (1683.14 acres without including
streets/roads). The Borough currently contains 2,515 parcels. The majority of the Borough
is primarily characterized by residential development. In fact, over 1153 acres of the
municipality’s total land area (58 percent) consists of residential uses.
Commercial land uses account for a total of 154.62 acres, or approximately 7.75 percent
of the Borough’s total land use area. Industrial land use constitutes the largest
commercial use with 24 parcels covering 104 acres.
Land uses under the Public/Semi-Public classification comprise the second largest land
use category in Allendale, accounting for 327 acres, or 16.4 percent of the Borough’s total
land area. Semi-public land uses, including places of worship and other non-profit
organizations, account for 1 percent of the Borough’s total land area, while schools
comprise an additional 3 percent.
The Borough contains one Class I rail line that traverses the Borough from North to
South. The rail line covers more than 21 acres in the Borough.
~ 16 ~
Table 5: Existing Land Uses
Land Use
Acres
% of Total Acres
Parcels
% of Total Parcels
Residential
Low Density
1136.22
56.98%
1884
74.9%
Multifamily
6.20
0.31%
426
16.9%
Multifamily Assisted
Living
10.64
0.53%
1
0.0%
Commercial
Commercial
24.36
1.22%
41
1.6%
Farm/Nursery/Golf
Course
25.86
1.30%
9
0.4%
Public/Semi-
Public
Municipal Property
241.15
12.09%
37
1.5%
Public School
64.01
3.21%
6
0.2%
Church & Charitable
21.77
1.09%
6
0.2%
Other
Vacant and other
properties
25.30
1.27%
65
2.6%
Industrial
104.40
5.24%
24
1.0%
Rail
21.18
1.06%
9
0.4%
Other Exempt
2.06
0.10%
7
0.3%
Source: ArcGIS Calculations
Regional access to the Borough is provided by several county and state roadways.
Franklin Turnpike, Crescent Avenue, West Allendale Avenue are county roadways which
provide access to the surrounding area. Linkages to the state’s regional highway network
are also provided by Route 17 to the east and Garden State Parkway in the Borough of
Paramus to the south, Interstate Route 287 in the Borough of Mahwah to the north.
~ 17 ~
Map 1: Community Overview
~ 18 ~
Map 2: Existing Land Use
~ 19 ~
2.2: Demographic and Population Data
Analyzing demographic and population data is a necessary and integral step in planning
for the future needs and demands of a community. As such, the following section outlines
the demographic changes experienced by the Borough of Allendale over the past several
decades.
This section is an analysis of demographic information is obtained from the 2010
Decennial Census as well as the 2010 and 2023 American Community Survey (ACS) 5-year
estimates. The ACS data consists of estimates based upon data averages across a five-
year span, otherwise known as “period” estimates. They are not actual counts, rather they
are representative of data collected over a period of time and thus may not be directly
comparable to decennial census figures. For example, the 2023 ACS includes data
collected from 2019, 2020, 2021, 2022 and 2023. The following provides an assessment of
population size, rate of population growth, age characteristics, as well as household size
and income levels. Each of these items is described in detail below. This information is
vital for the Borough to carefully plan for the current and future needs of its residents and
the community.
Population Changes
The Borough experienced a slight decline in population from 1970 to the 1990s. The
reduction in the population at that time could be attributable to the aging population
and homes with children aging into adulthood and moving onto new locations. The
Borough regained more than double the losses by the year 2000 only to lose half of them
again between 2000 and 2010. The population slightly increased from then through the
year 2023.
Table 6: Population Growth, 1950-2023
Year
Population
Population Change
Percent Change
1950
2,409
1960
4,092
1,683
69.86%
1970
6,240
2,148
52.49%
1980
5,901
-339
-5.43%
1990
5,900
-1
-0.02%
2000
6,699
799
13.54%
2010
6,505
-194
-2.90%
2020
6,757
252
3.87%
2023
6,820
63
0.93%
Source: US Census Bureau; 2023 American Community Survey Five-Year Estimate
~ 20 ~
Age Characteristics
As shown in the age distribution table below, the Borough’s age characteristics show a
slight increase in median age from 44.3 years in 2010 to 45.7 according to the 2023 ACS
data. The largest age cohort in 2023 represented 20.1% of the population (45-54 age
group) was also the largest cohort in 2010 (18.2%). The age groups showing declines
between the 2010 census and the 2023 ACS data appear to be 5-9, 20-24, 35-44, 55-59,
and 85 and older cohorts.
Table 7: Age Characteristics, 2010-2023
Age
Group
2010
2023
Pop
%
Pop
%
Under 5
207
3.2%
350
5.1%
5 to 9
667
10.3%
514
7.5%
10 to 14
595
9.2%
600
8.8%
15 to 19
371
5.7%
615
9.0%
20 to 24
354
5.5%
121
1.8%
25 to 34
209
3.2%
316
4.6%
35 to 44
917
14.1%
753
11.0%
45 to 54
1,182
18.2%
1,368
20.1%
55 to 59
554
8.5%
533
7.8%
60 to 64
312
4.8%
414
6.1%
65 to 74
435
6.7%
641
9.3%
75 to 84
385
5.9%
404
5.9%
85 +
301
4.6%
191
2.8%
Total
6,489
95.2%
6,820
99.8%
Median
Age
44.3
45.7
Sources: 2010 & 2023 American Community Survey 5-Year Estimates.
~ 21 ~
Household Tenure and Occupancy
The data shown on the following table indicates that the breakdown between the share
of owner occupied and rental occupied units has remained largely the same since 2010
with the majority of units being owner occupied. Housing vacancies have decreased over
this time frame from 9.72% in 2010 to 5.30% in 2023.
Table 8: Owner-Occupied and Renter-Occupied Units, 2010-2023
2010
2023
Category
# of Units
%
# of Units
%
Owner Occupied
1,884
83.6%
1,805
72.1%
Renter Occupied
151
6.7%
527
21.0%
Vacant Units
219
9.7%
173
6.9%
Total
2,254
100.0%
2,505
100.0%
Source: US Census Bureau; 2023 American Community Survey Five-Year Estimate
Average Household Size
The census data shown below presents how the Borough’s average household size
decreased from 3.0 in 2010 to 2.88 in 2023 while the Bergen County average household
size remained somewhat steady at 2.66 over the same time period. The total population
increased from 2010 to 2023, while the number of households slightly increased over the
same span.
Table 9: Average Household Sizes, 2010-2023
Year
Total
Population
Number of
Households
Average
Household Size
Allendale
Average
Household Size
Bergen County
2010
6,489
2,035
3.00
2.69
2023
6,820
2,332
2.88
2.66
Sources: 2010 & 2023 American Community Survey 5-Year Estimates.
Household Income
The following data from the 1999 census and the 2023 ACS indicates that the median
household income in Allendale increased more than 50% from 1999 to 2023 increasing
from $105,704 to $156,992.
~ 22 ~
Table 10: Household Incomes, 1999-2023
Income Category
1999
2023*
Number
%
Number
%
less than $10,000
15
0.7%
132
5.6%
$10,000 to $14,999
20
0.9%
4
0.2%
$15,000 to $24,999
68
3.2%
121
5.2%
$25,000 to $ 34,999
95
4.5%
56
2.4%
$35,000 to $ $49,999
219
10.4%
30
1.3%
$50,000 to $74,999
357
16.9%
177
7.6%
$75,000 to $99,999
205
9.7%
151
6.5%
$100,000 to $149,999
465
22.0%
444
19%
$150,000 to $199,000
207
9.8%
1217
52.2%
$200,000 or more
462
21.9%
Total
2,113
100.0%
2,332
100.0%
Median Income (Household)
$105,704
$156,992
Source: US Census Bureau; 2023 American Community Survey 5-Year Estimates.
2.3: Inventory of Housing Stock
This section of the analysis provides an inventory of the Borough’s housing stock. The
inventory details housing characteristics such as age, condition, purchase/rental value and
occupancy. It also details the number of affordable units available to low- and moderate-
income households and the number of substandard housing units capable of being
rehabilitated. As previously noted, the latest information from the American Community
Survey consists of five-year estimates by the Census Bureau, not actual counts and may
not be directly comparable to census figures.
Number of Housing Units
As illustrated in the table below, the overall number of housing units within the Borough
has continued to increase from the 1980s through 2023. Understandably, the slowest
percentage increase in numbers was between 2000 and 2010 during the Great Recession.
~ 23 ~
Table 11: Housing Units, 1980-2023
Year
Housing
Units
Numerical
Change
% Change
1980
1,700
-
-
1990
1,915
215
12.65%
2000
2,143
228
11.91%
2010
2,254
111
5.18%
2023
2,505
251
11.16%
Source: US Census Bureau, 2023 ACS Five-Year Estimate
Units in Structure for Occupied Units
Information regarding the number of dwelling units in housing structures provides
insights into the types of housing which exist throughout the Borough. The following
table offers insights into the unit-composition of the Borough’s structures since 2010.
The Borough’s housing stock has historically been comprised of single-family detached
and attached dwellings. The 2023 ACS estimate data provided in the table below shows a
total of 1,767 single-family detached dwellings which amounts to 71 percent of all
housing units in the Borough. This percentage is a decrease from 2010 when single-family
dwellings accounted for approximately 84 percent. There was an increase from 2010 to
2023 in the number of structures containing 10 units or more which represents 18
percent of overall units.
Table 12: Units in Structure, 2010-2023
Units in Structure
2010
2023
No.
%
No.
%
Single Family, Detached
1,705
83.80%
1,767
70.5%
Single Family, Attached
187
9.20%
203
8.1%
2
67
3.30%
38
1.5%
3 or 4
33
1.60%
12
0.5%
5 to 9
22
1.10%
14
0.6%
10 +
18
0.90%
471
18.8%
Mobile Home
0
0.00%
0
0.00%
Other
0
0.00%
0
0.00%
Source: US Census Bureau; 2023 American Community Survey Five-Year Estimates.
~ 24 ~
Purchase and Rental Value of Housing Units
The following two tables identify purchase values and rental values for the specified
owner-occupied and renter-occupied units in Tenafly.
As shown in Table 6, the purchase values of the Borough’s owner-occupied housing stock
have typically exceeded those of the State of New Jersey and have been somewhat
commensurate to those of Bergen County. Over the past twenty-three years, the median
value of the Borough’s owner-occupied housing stock is estimated to have increased
approximately 128.5%, from $256,500 in 2000 to $586,200 in 2023. This represents a
lower percentage increase than that of the County (145.8%) and the State (169.9%).
Until recently, the median contract rental value in the borough has typically remained
higher than both Bergen County and the State of New Jersey. However, the 2023 ACS
estimates that the median contract rent for the County has surpassed that of the
Borough’s. Over the past twenty-three years, the median gross rent increased
approximately 65.7%. This represents a lower percentage increase than that experienced
by the County (99.9%) and the State (99.8%).
Table 13: Value of Owner-Occupied Units, 2000-2023
2000
2010
2023
Value Range
Number
Percent
Number
Percent
Number
Percent
Less than $50,000
0
0.0%
14
0.7%
24
1.1%
$50,000 to $99,999
0
0.0%
16
0.8%
0
0.0%
$100,000 to $149,999
47
2.6%
0
0.0%
0
0.0%
$150,000 to $199,999
313
17.5%
14
0.7%
0
0.0%
$200,000 to $299,999
899
50.3%
108
5.5%
72
3.5%
$300,000 to $499,999
500
28.0%
936
47.8%
566
27.2%
$500,000 to $999,999
29
1.6%
849
43.4%
1398
67.2%
$1,000,000 or More
0
0.0%
22
1.1%
21
1.0%
Total
1,788
100.0%
1,959
100.0%
2,081
100.0%
Borough Median Value
$256,500
$484,100
$586,200
Bergen County Median Value
$250,300
$482,300
$615,300
New Jersey Median Value
$170,800
$357,000
$461,000
Source: US Census Bureau; 2010 and 2023 American Community Survey Five-Year Estimates.
~ 25 ~
Table 84: Specified Renter Occupied Housing Units by Rent, 2000-2023
2000
2010
2023
Value Range
Number
Percent
Number
Percent
Number
Percent
Less than $200
14
2.2%
0
0.0%
0
0.0%
$200 to $299
12
1.9%
0
0.0%
0
0.0%
$300 to $499
0
0.0%
0
0.0%
0
0.0%
$500 to $749
81
12.9%
0
0.0%
0
0.0%
$750 to $999
170
27.0%
90
12.9%
0
0.0%
$1,000 to $1,499
269
42.7%
230
32.9%
259
28.3%
$1,500 to $1,999
63
10.0%
234
33.4%
431
47.1%
$2,000 or more
0
0.0%
88
12.6%
225
24.6%
No Cash Rent
21
3.3%
58
8.3%
0
0.0%
Total
630
100.0%
700
100.0%
915
100.0%
Borough Median Value
$1,044
$1,502
$1,730
Bergen County Median Value
$872
$1,236
$1,743
New Jersey Median Value
$751
$1,092
$1,498
Source: US Census Bureau; 2010 and 2023 American Community Survey Five-Year Estimates.
Deficient Housing Units
Neither the Census nor the ACS classify housing units as deficient. However, the Fair
Housing Act defines a “deficient housing unit” as housing which: is over fifty years old
and overcrowded; lacks complete plumbing, or; lacks complete kitchen facilities.
Accordingly, the following tables are intended to provide insights into the extent to which
the Borough has deficient housing units. Table 12 examines the extent to which there is
overcrowding in the Borough’s housing stock. Overcrowding is typically associated with
housing units with more than one occupant per room. As shown, the estimated number
of occupied housing units considered to be overcrowded is negligible
Table 15: Occupants Per Room (2023)
Occupants per Room
Owner-Occupied
Renter-Occupied
0.50 or Fewer
2,086
771
0.51 to 1.00
304
144
1.01 to 1.50
0
0
1.51 to 2.00
0
0
2.01 or More
0
0
Total
2,086
915
Source: 2023 American Community Survey Five-Year Estimates.
Table 13 below identifies housing units with complete plumbing and kitchen facilities. As
shown, all occupied units in the Borough were identified as having complete plumbing
and kitchen facilities.
~ 26 ~
Table 16: Plumbing and Kitchen Facilities (2023)
Units with Complete Facilities
Units without Complete Facilities
Plumbing
3,001
0
Kitchen
3,001
0
Source: 2023 American Community Survey Five-Year Estimates.
This data is contrary and exhibits that the calculations from the DCA regarding
overcrowding and deficient plumbing or kitchen facilities in the Borough for the Fourth
Round Present Need calculations, is substantially overestimating the current conditions.
2.4: Housing and Employment Projection
The following section identifies the extent to which redevelopment housing and
economic development has occurred in the community, which can assist in the
determination of future residential and employment projections.
Recent Residential Development Activity
One way of examining the stability of a community’s housing stock is by comparing the
number of residential building permits issued for new construction as well as demolition
permits issued every year. Since 2013, the Borough has annually issued an average of 1.8
and 1.5 building permits and demolition permits, respectively. This results in an average
positive net of 0.2 permits annually.
Table 17: Residential Building Permits and Demolition Permits
Building Permits
Year
1 & 2 Family
Multifamily
Mixed Use
Total
Demos
Net
2013
0
0
0
0
0
0
2014
1
0
6
7
4
3
2015
1
0
0
1
2
-1
2016
1
0
0
1
0
1
2017
1
0
0
1
0
1
2018
6
0
0
6
1
5
2019
1
0
0
1
2
-1
2020
0
0
0
0
2
-2
2021
1
0
0
1
3
-2
2022
2
0
0
2
0
2
2023
0
0
0
0
3
-3
Total
14
0
6
20
17
3
Source: Department of Community Affairs
Covered Employment
Figure 4 and Figure 5 below provide data on the Borough’s covered employment trends
between 2004 and 2023, as reported by the New Jersey Department of Labor and
~ 27 ~
Workforce Development. “Covered employment” refers to any employment covered
under the Unemployment and Temporary Disability Benefits Law. Generally, nearly all
employment in the state is considered to be “covered employment.”
Figure 4 depicts the number of reported “employment units” within the Borough. An
“employment unit” is defined as an individual or organization which employs one or more
workers. As shown, the Borough experienced a fairly consistent loss of employment units
between 2003 and 2018. Since that time, however, the number of employment units has
remained relatively stable. As of 2023, there were a reported 347 employment units in the
Borough.
Similarly, employment levels have typically decreased since 2005. The most dramatic
decrease occurred between 2019 and 2020, wherein employment in the Borough
decreased by a reported 10.7%. This may be attributed to COVID-19 pandemic. Since that
time, employment in the Borough has increased. As of 2023, the Borough’s reported
covered employment was 3,361 individuals.
Figure 1: Covered Employment Units, 2003-2023
Source: Department of Labor and Workforce Development
381
367
357
348
378
365
371
380
370
353
345
338
341
334
331
332
347
345
345
347
347
300
310
320
330
340
350
360
370
380
390
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
~ 28 ~
Figure 2: Covered Employment, 2003-2023
Source: Department of Labor and Workforce Development
3,588
4,026
3,777
4,159
3,932
3,839
3,833
3,771
3,678
3,736
3,517
3,680
3,704
3,610
3,547
3,592
3,543
3,163
3,251
3,355
3,361
0
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
4,500
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
~ 29 ~
Section 3: Fair Share Obligation
The following section provides an overview of the Borough’s fair share obligation. It
includes a brief overview of the methodology utilized to calculate affordable housing
obligations throughout the state.
3.1: Summary of Fair Share Obligation
As explained above, the Borough’s fair share obligation consists of a rehabilitation
number of 10 and a new construction number of 645. The new construction number is
the sum of the prior round obligation (137), the Round 3 obligation (308) and the Round
4 obligation (200).
3.2: Structural Conditions Survey
The Borough bases its rehabilitation number, also known as its Present Need, on a
structural survey. In this regard, as per NJAC 5:93-5.2:
“Each municipality shall be provided with the Council’s estimate for substandard
units occupied by low and moderate income households. This estimate shall be the
municipality’s indigenous need, unless the municipality or an objector performs the
Council’s Structural Conditions Survey (see Appendix C, incorporated herein by
reference). Where the municipality or objector performs the Structural Conditions
Survey, the Council shall review the results of the data collected and shall modify
the indigenous need if it determines a modification is warranted.”
A Structural Conditions Survey therefore was conducted as a first step by the Borough of
Allendale Construction Official, Mr. Anthony Hackett. The Construction Official was
guided by the available criteria established in N.J.A.C. 5:93-5.2 and N.J.A.C. 5:97-6.2 which
reference “Appendix C” of the rules. Appendix C of N.J.A.C. 5:93 outlines the criteria and
entities licensed to perform building and/or housing inspections.
In accordance with Appendix C, the total number of units found to be substandard was
then factored for the estimated number of substandard units occupied by low- and
moderate-income households census information and overcrowded that is available from
the Public Use Micro-Data Sample (PUMS).
In calculating Round 4 Present Need obligations, the DCA did not rely on PUMS data for
determining the percent of substandard units occupied by low and moderate income
households in each municipality. Instead, the DCA relied on HUD’s Comprehensive
Housing Affordability Strategy (CHAS) dataset for this estimate. The DCA’s Fourth Round
Methodology Report provides the reasoning behind this as follows:
“Previous approaches have calculated county-level LMI deficient housing shares
from the American Community Survey Public Use Microdata Sample (PUMS) and
used them to estimate the LMI-occupied portion of each municipality’s deficient
~ 30 ~
housing. However, this approach essentially assumes that the LMI share of deficient
housing is uniform in a county, which is not the case. For example, data from
HUD’s Comprehensive Housing Affordability Strategy (CHAS) dataset show that for
2017-21, the LMI share of housing lacking complete plumbing or kitchen facilities
in Atlantic County was 69.1 percent. However, in Brigantine, it was 100 percent.
Using the county LMI deficient share for Brigantine would result in underestimating
city present need, undercounting the number of deficient housing units actually
occupied by LMI households.
Therefore, the analysis utilizes data from HUD’s Comprehensive Housing
Affordability Strategy (CHAS) dataset, which has municipality-level data on the
number and percentage of LMI households from a special tabulation of Census
Bureau American Community Survey (ACS) data. The latest CHAS data release at
the time of calculation corresponds to the 2017-2021 5 Year Estimates. To ensure
data year and source consistency, the LMI deficient housing calculation relies on
2017-2021 data.”
Therefore, in order to conduct the second step in our Structural Conditions Survey
(estimating the number of substandard units occupied by low/mod income households),
we relied on the CHAS data and DCA’s methodology.
The structural conditions survey performed by the Construction Official upon review of
the entire Borough identified there are a total of 10 units that reflect a need for
rehabilitation. To apply the second step, the aforementioned CHAS data for Allendale
estimated the number of substandard units occupied by low- and moderate-income
households was 100 percent of the identified substandard units calculated. Thus all 10
units from the survey represent the Borough’s present need and may potentially need
assistance through the affordable housing present need mechanisms.
This result is pending further guidance on other methods or means of adjusting the need
based upon actual conditions as determined by the applicable state regulatory agency.
The survey demonstrates that the data DCA utilized substantially overestimated the
Present Need obligation. The Borough is committed to addressing the adjusted
rehabilitation obligation.
The housing survey form is provided in the Appendix of this document.
3.3: Realistic Development Potential (RDP)
Rounds 1 through 3
The Borough of Allendale lacked sufficient land to address its rehabilitation obligation
and consequently secured approval of its application for a vacant land adjustment. The
Court approved the Borough’s Housing Element and Fair Share Plan which included a
vacant land adjustment that set the Borough’s realistic development potential is 54. The
Courts approval of the Borough’s Third Round Plan inclusive of the vacant land
adjustment to 54 is attached hereto in the Appendix.
~ 31 ~
Round 4
Since the Borough lacked sufficient land to satisfy its new construction obligations
through Round 3, it obviously lacks sufficient land to address its additional 200 Round 4
prospective need obligation. COAH’s policy recognizes the burdens of a vacant land
analysis and permits municipalities to rely upon an adjustment previously done and
approved. The Borough is relying upon that previously approved adjustment.
The only question that remains regarding the Borough’s right to an adjustment is
whether there have been any changed circumstances since the court-approved
adjustment that might require a recalibration of the RDP. rehabilitation
An inquiry was made regarding a property developed with an existing restaurant in the
Borough. This site is currently operating as Savini’s Restaurant on 168 West Crescent
Avenue (B1005, L19). This site is developed and not in any state of disrepair that would be
characterized as in need of redevelopment, as when the Court previously approved the
Borough’s RDP. Moreover, the inquirer did not express a commitment to constructing a
project with any affordable housing. Therefore, there is no changed circumstance that
might require a recalibration and, thus, the Borough has the right not to accept an RDP
for the site. However, out of an excess of caution, the Borough will accept an RDP for the
site and address that RDP.
The site consists of 1.76 acres. A reasonable maximum yield for the site is 20 units at 12
dwelling units per acre. If 20 units were to be developed at the site, the site would
generate with a 20 percent set aside, 4 units (20 x0.20=4). Therefore, the Borough will
accept an RDP of 4 for the site and address the 4-unit RDP in this Fourth Round Housing
Plan and have an unmet need of 196 (200-4=196).
~ 32 ~
Section 4: Fair Share Plan
The following Fair Share Plan outlines the components and mechanisms the Borough will
utilize to address its affordable housing obligations. These obligations include are
summarized as follows:
Table 189: Affordable Housing Obligation Summary
Category
Obligation
Prior Round Obligation (1987-1999)
137
Third Round Obligation (1999-2025)
308
Fourth Round Obligation (2025-2035)
200
Present Need (Rehabilitation) Obligation
159
4.1: Present Need Obligation (10)
RehabilitationThe Borough will address its 10 unit rehabilitation obligation by continuing
to participate in the Bergen County Home Improvement Program (BCHIP) to help address
its rehabilitation share, to the extent that funding is available for the County program. In
addition, since the County program does not apply to rental units, the Borough will
contract with a professional Affordable Housing Administrator to supplement the owner-
occupied rehabilitation program with a rehabilitation program for rentals. If the Borough
is unable to find a qualified administrator, it will seek a waiver of any obligation to
provide a rehabilitation program for rental units.
To fully satisfy its Rehabilitation obligation, the Borough will commit $160,000 of its trust
fund to make sure the program is adequately funded. The Borough will make sure the
program is well advertised and will reassess each year. If more resources are needed to
fund rehabilitations to qualified LMI households, trust fund monies will be reallocated to
this program. Conversely, if demands are low calling for less resources, trust fund monies
will be reallocated to other permissible uses. The Borough’s Rehabilitation Program is
further described in the Fourth-Round Spending Plan contained in the Appendix of this
plan.
4.2: Prior Round Obligation
The Borough received a First Round JOR on February 25, 1991.
COAH assigned the Borough a Prior Round Obligation of 137 units for Rounds 1 and 2.
The Borough fully addressed this obligation and exceeded this obligation with a
combination of a Regional Contribution Agreement, inclusionary development, 100%
affordable development, and supportive and special needs housing as summarized in
Table 19 below.
~ 33 ~
Table 19: Prior Round (1987-2025) Affordable Housing Components (137)
Project Description- Prior Round
Prior
Round
Units
Prior
Round
Bonus
Total
Surplus
Credits
Regional Contribution Agreements (RCAs)-
Completed
•
40 units to Jersey City
•
4 units to Ridgefield Borough
44
-
44
-
Allendale Brook Associates project located
on Carriage Court and Trotters Lane
(Block 2101, Lot 9) – Completed
4
-
4
5
Saddle Dale Builders project located on
Elm Street (Block 1809, Lot 8) – Completed
3
3
6
-
Garden Homes/The Whitney project (Block
2101, Lots 1, 2, 3, 5, 6, 7, 8) – Completed
-
-
0
12
Allendale Senior Housing project located on
Cebak Court (Block 1708, Lots 1 and 9) –
Completed
16
-
16
-
Orchard Commons supportive special needs
housing project at (Block 1806, Lot 10.01) –
Completed
10
10
20
-
Crescent Commons (Block 904,
Lots 10.01, 10.02, 14, 31) 26 out of
33 affordable units – Completed
26
21
47
7
Total: 137 Units Prior Round
103
34
137
24
The Court approved the manner in which the Borough satisfied its Prior Round obligation
as set forth above and the Borough has the right to rely on that approval.
~ 34 ~
4.3: Third Round Obligation
As noted earlier in this study, in the September 15, 2017 Settlement Agreement with Fair
Share Housing Center (FSHC), and the June 27, 2019 Judgment of Compliance and
Repose, Allendale had secured a Vacant Land Adjustment resulting in a Realistic
Development Potential of 54 units, leaving it with remaining unmet need of the overall
allocation of 254.
Third Round RDP Review
Allendale’s Third Round Housing Element & Fair Share Plan (HE&FSP), adopted June 20,
2018, set forth the various mechanisms to address the Borough’s RDP of 54. The chart
below demonstrates that the Borough has fully satisfied its RDP for this Round and in fact
recognizes the Borough had generated additional surplus credit in one project.
Table 20: Third Round (1999-2025) Affordable Housing Components
Project Description
Third
Round
Units
Third
Round
Bonus
Total
Third
Round
Credits
Surplus
Credits
Allendale Brook Associates inclusionary for
sale development- Carriage Court and Trotters
Lane (Block 2101, Lot 9) – Completed
5
-
5
-
Garden Homes/Whitney project (Block 2101,
Lots 1 through 3 & 5 through 8) – Completed
12
12
24
-
Former Farm project (Block 506, Lots 4.07 and
4.08) – completed
2
1 cap
3
-
Crescent Commons project - completed
7
-
7
-
220 West Crescent Avenue project (aka The Vale)
Completed.
5
-
5
+1
Eastern Christian Group Home 1 project (Block
910, Lot 3) – Completed
5
-
5
-
Eastern Christian Group Home 2 project (Block
1005, Lot 4) – Completed
5
-
5
-
TOTAL: 54 credits to address RDP
41
13
54
+1
Third Round Unmet Need Review
The difference between the Borough’s Prospective Need obligations and its RDP
obligations is what is known as Unmet Need. Whereas a land-poor municipality must
create a realistic opportunity for satisfaction of its realistic development potential, it is
clear that a municipality has a much lower responsibility with respect to its unmet need.
~ 35 ~
Judge Padavano explained the standard applicable to the unmet need in the Judgement
of Repose he entered in the Saddle River case as follows:
The court notes that while COAH's Second Round and Third Round rules require all
municipalities to satisfy their RDP, the rules do not require municipalities to
"satisfy" their unmet need - the rules only require municipalities to "address" the
unmet need through the use of certain mechanisms specified in the rules. See
N.J.A.C. 5:93-4.2(-f) (COAH's Second Round rule); N.J.A.C. 5:97-5.3(b) (COAH's
Third Round rule). Significantly, none of the mechanisms specified in the rules
require zoning exclusively for affordable housing (overlay zoning which offers an
option for affordable housing is one of the mechanisms). Additionally, no rule
requires a municipally sponsored affordable housing development, let alone a
100% affordable municipally sponsored development, which will result in the
guarantee of construction of affordable units. N.J.S.A. 52:27D-3 l Id provides:
"Nothing in ... C.52:27D-301 et al. [the FHA] shall require a municipality to raise or
expend municipal revenues in order to provide low and moderate-income housing."
As set forth above, the court finds the fact that the amended settlement will
produce the actual construction of 42% of the Borough's unmet need quite
compelling and leads the court to find that the amended settlement agreement will
result in construction of a substantial number of affordable units.
The Court approved the following mechanisms to address the unmet need in Round 3
when it entered a Judgment of Repose:
~ 36 ~
Table 21: Plan Surplus, MSO and Overlay Programs for Unmet Need
Plan Component
Total
Credits
(possible)
Status/ Surplus
Plan Surplus:
220 West Crescent Avenue project (aka The Vale)
– completed 6 units-excess 1 unit
1
Excess credits
Cebak Court- Allendale Housing Inc. senior
housing project on Cebak Court
4
Constructed
MSO- Units captured during the Third-Round cycle:
Park and Ivy: Inclusionary project – approved 5
total units, 1 affordable
1
Approved, under
construction
Overlay Zoning:
Ramsey Golf & Country Club Overlay Zone,
B 301, Lot 37 and Block 406, Lot 21.01, 14.3ac
total area, 10 du/ac, 20% set-aside.
29
Zoned
Allendale Corporate Center Overlay Zone,
B 702, Lot 14, 9.8 ac total area, @12 du/ac, 20%
set-aside.
23
Zoned
Church of the Guardian Angel Overlay Zone
B 1803, Lot 1, 8.0 ac total area, @12 du/ac, 20%
set-aside.
19
Zoned
Further the following programs also contribute to the Unmet Need requirements:
1. Mandatory Set-Aside Ordinance. Additionally, in order to capture future
affordable housing opportunities in the Borough and address the remainder of
Allendale’s Unmet Need, the Borough has to adopted a Borough-wide
Mandatory Set-Aside Ordinance, which requires that any site that is developed
with five or more new multi-family or single-family attached dwelling units shall
provide an affordable housing set-aside at a rate of 20 percent for affordable
ownership unit, 15% if affordable rental units are created. This requirement will
ensure that new multi-family or single-family-attached development in Allendale
will provide its fair share of affordable units and assist with the Borough’s
continuous efforts to address its affordable housing obligation. The Borough will
not, however, be under any obligation to grant subdivision and site plan
approvals, rezonings, use variances, redevelopment or rehabilitation designations,
and/or any other approvals for any such construction and development
applications will be required to otherwise conform to the Borough’s zoning
~ 37 ~
requirements. A copy of the Mandatory Set-Aside Ordinance is included in the
Appendix of this plan. Any affordable units created pursuant to this ordinance will
be applied toward Allendale’s Unmet Need.
2. Development Fee Ordinance. Lastly, as part of its 2017 Settlement Agreement
with FSHC and 2018 HE&FSP, the Borough maintained its Development Fee
Ordinance, set forth in Chapter 81 of the Borough Code, and its non-residential
development fee of 2.5 percent of equalized assessed value, consistent with the
Statewide Non-Residential Development Fee Act, and its residential fee at 1.5
percent of equalized assessed value. The Borough will continue to implement its
Development Fee Ordinance, as adopted, through the Fourth Round, the funds
from which will be applied directly toward the implementation of the Allendale’s
Fourth Round Housing Element and Fair Share Plan.
As Table 21 shows, the Borough took all the actions required by the Judgment of Repose
to address its unmet need through Round 3. In addition, several units have been realized
and the zoned areas for unmet need continue to represent reasonable zoning measures
to help provide opportunities for future inclusionary residential development.
~ 38 ~
Map 3: Prior and Third Round Components
~ 39 ~
4.4: Fourth Round Obligation
As established in Section 3.3 of this plan, Allendale does not have any additional vacant
land to add to the RDP obligation in the Fourth Round. In addition, there were no parcels
that qualified as tracts developed such that they would be categorized as a “changed
circumstance” of significance since the adoption of the Third-Round plan. Nonetheless,
the Borough is accepting an RDP of 4 for the Savini parcel, leaving the Borough with an
unmet need of 196 for Round 4.
Fourth Round RDP Obligation (4)
To address the RDP need of 4, the Borough will apply 2 units through the ongoing
conversion of an existing residential 2-bedroom (currently a deed restricted affordable unit)
located at 98 Elm Street to a special needs unit. The unit went into foreclosure and had
fallen into a considerable state of disrepair. The Borough has intervened and coordinated
the purchase and through Allendale Housing Inc., a non-for-profit organization in the
Borough, is purchasing and rehabilitating the unit with the Borough committing up to
$90,000 towards its rehabilitation. In accordance with a Consent Order with FSHC, the
property will be converted into two (2) special needs units and appropriate special needs
generating credits.
This 2-bedrooms special needs project is eligible for 2 credits, plus up to 2 bonus credits.
However, with an RDP of 4, no more than 25 percent or 1 bonus credit can be applied. The
Borough will address the remaining unit of credit along with its family unit requirements,
by purchasing at least two units, making sure the units are safe and habitable and then
deed restricting the units for at least twenty years. In this regard, there are four units
identified in Table 23 with deed restrictions expiring between July 1, 2025 and June 30, 2035
Table 22: Eligible Extension of Controls-Allendale Brook Estates
Description
Unit type
Project
Expiration Date
3 Trotters Lane
B2101, L9, C0003
3 Bedroom
Allendale Brooke
Estates
5/15/2032
7 Trotters Lane
B2101, L9, C0007
1 Bedroom
Allendale Brooke
Estates
11/04/2032
11 Trotters Lane
B2101, L9, C0011
2 Bedroom
Allendale Brooke
Estates
10/15/2032
~ 40 ~
86 Carriage Court
Trotters Lane
B2101, L9, C0086
1 Bedroom
Allendale Brooke
Estates
12/15/2031
The deed restrictions on these units provide the Borough with the right to buy the units at
the restricted price at the first nonexempt sale following the expiration of the deed
restriction on these units. The Borough will exercise its right to buy at least two of these
units in accordance with the provisions of the applicable deed restrictions, make sure the
units are safe and habitable and then sell the units at an affordable price with an
appropriate deed restriction.
While the Borough needs only two units to satisfy its RDP, it reserves the right to buy all
four units noted above with trust fund monies, make sure the units are safe and habitable
and sell the units at an affordable price with an appropriate 30-year deed restriction. In
addition, it may well be that there are other units in the Borough that may have deed
restrictions that may expire in the Fourth Round where the Borough may be able to secure
further credits towards their needs. The Borough will continue to investigate the potential
to secure these additional units and reserve rights to address these conditions.
The following summarizes the plan to address the 4-unit RDP.
Table 23: Credit Plan Towards Fourth Round RDP
Project Description
Fourth
Round
Units
Third
Round
Bonus
Total
Credits
98 Elm Street- Unit conversion to 2-bedroom special needs
unit and extension of controls (Block 1809, Lot 8) – Existing
to be redeveloped, converted with extension of controls.
2
1
3
Extension of Controls- Extension of controls at Allendale
Brook Estates.
2
2
Total
4
1
5
This plan would generate one applicable bonus for the special needs units equating to a
total of 5 credits to satisfy a Fourth-Round RDP of 4.
Furthermore, FHA II provides as follows:
Any municipality that receives an adjustment of its prospective need obligations for
the fourth round or subsequent rounds based on a lack of vacant land shall as part
of the process of adopting and implementing its housing element and fair share
plan identify sufficient parcels likely to redevelop during the current round of
obligations to address at least 25 percent of the prospective need obligation that
~ 41 ~
has been adjusted, and adopt realistic zoning that allows for such adjusted
obligation, or demonstrate why the municipality is unable to do so.
[N.J.S.A. 52:27D-310.1]
For the Fourth Round, Allendale’s “prospective need obligation that has been adjusted“ (i.e.,
its RDP obligation) is 1-unit. As such, the Borough’s efforts and work towards the
redevelopment of the unit at 98 Elm Street is such an effort to address this 25 percent
standard to maintain this affordable unit that has fallen into foreclosure and significant
disrepair to a new 2-bedroom special needs home.
4.5: Unmet Need (196)
As indicated above, the Borough faced an unmet need of 254 in Round 3 and the Court
determined that the measures to address that 254 unmet need represented reasonable
measures after obtaining input from FSHC. Therefore, it should be anticipated that a
municipality that already has an unmet need of 256 and that has done all that the Court
deemed reasonable to address that unmet need cannot reasonably be expected to do
still more. Indeed, even if every mechanism the court approved to address the unmet
need generated the maximum number of affordable units, we could not reach the 254
unmet need.
Notwithstanding the above, the Borough is willing to take a step over and above what
the Court deemed reasonable in its Judgment of Repose for Round 3. It is willing to
expand the existing Allendale Corporate Center overlay zone located at Allendale
Corporate Center to include Block 702, Lot 15. This additional area would add
approximately 5.3 acres to the approximately 9.8-acre of lot 14 for a total of 15.1 acres
Allendale Corporate Center site at 90 Boroline Road in the northeast corner of the
Borough. The review below provides additional rationale for the suitability of this
expanded overlay zone area.
The current overlay zoning in this area mirrors the existing EM Zoning, which was
intended to permit multifamily development of this portion of the industrial area along
Boroline Road. The current zone would be expanded to this area at a density of 12
dwelling units per acre and any residential development will be required to set aside 20%
of its units for affordable housing. This expanded area may add an additional 13
affordable units to address the Borough’s Unmet Need.
Map 4: Proposed Expansion of Allendale Corporate Center Overlay Zone Block 702 Lot 15
~ 42 ~
Source NJDEP-NJ GeoWeb website- lot lines are approximate.
In addition to the above, the Borough will keep in place all the mechanisms in its Round 3
Housing Element and Fair Share Plan designed to address the 256 unmet need.
4.6: Other Provisions
The following additional requirements are noted:
1. Fourth Round Bonuses. Fourth-Round bonuses will be applied in accordance with
N.J.A.C. 52:27d-311.k. wherein as noted herein they shall not exceed 25 percent
of the RDP obligation.
2. Very-Low Income and Low-Income Units. At least 50 percent of the units
addressing the Fourth Round Prospective Need obligation shall be affordable to
very low-income and low-income households with the remainder affordable to
moderate-income households. A minimum of 13 percent of the affordable units
will be made available to very low-income households, defined as households
earning 30 percent or less of the regional median income by household size.
3. Rental Component. At least 25 percent of the Fourth Round Prospective Need
obligation shall be met through rental units, including at least half in rental units
available to families.
Overlay
Zone
Proposed Added
Overlay Zone
~ 43 ~
4. Families. At least half of the actual units created to address the Fourth Round
Prospective Need obligation must be available to families.
5. Age-Restricted Cap. No more than 30 percent of all units developed or planned
to meet the Fourth Round Prospective Need obligation shall be met with age-
restricted units.
6. Development Fees. The Borough will continue to impose development fees as
permitted by COAH’s prior round rules. The funds generated by the collection of
development fees will be applied directly towards any activity approved by State
regulations for addressing the municipal fair share.
4.7: Review of Rejected Development Sites
No developer came forward with a proposal in which it committed to provide affordable
housing. Consequently, there is no requirement to consider any proposal that might
generate affordable housing.
4.6: Consistency with State Planning Initiatives
As noted in Section 1, a HE&FSP must also include:
An analysis of the extent to which municipal ordinances and other local factors
advance or detract from the goal of preserving multigenerational family
continuity as expressed in the recommendations of the Multigenerational Family
Housing Continuity Commission, and;
An analysis of consistency with the State Development and Redevelopment Plan,
including water, wastewater, stormwater, and multi-modal transportation based
on guidance and technical assistance from the State Planning Commission.
Accordingly, the following subsection analyzes the consistency of this HE&FSP to the
above referenced state planning initiatives.
Multigenerational Family Housing Continuity Commission
The Multigenerational Family Housing Continuity Commission was established by the
State of New Jersey in 2021. As noted in NJSA 52:27D-329.20, one of the primary duties
of the Commission is to “prepare and adopt recommendations on how State government,
local government, community organizations, private entities, and community members
may most effectively advance the goal of enabling senior citizens to reside at the homes
of their extended families, thereby preserving and enhancing multigenerational family
continuity, through the modification of State and local laws and policies in the areas of
housing, land use planning, parking and streetscape planning, and other relevant areas.”
As of the date of this HE&FSP, the Multigenerational Family Housing Continuity
Commission has not adopted any recommendations.
~ 44 ~
State Development and Redevelopment Plan
As established by NJSA 52:18A-200(f), the purpose of the State Development and
Redevelopment Plan (SDRP) is to “coordinate planning activities and establish Statewide
planning objectives in the following areas: land use, housing, economic development,
transportation, natural resource conservation, agriculture and farmland retention,
recreation, urban and suburban redevelopment, historic preservation, public facilities and
services, and intergovernmental coordination.”
As such, the current 2001 SDRP establishes a number of goals and strategies related to a
number of different topics, including economic redevelopment. One such goal is to
revitalize existing urban centers by directing growth and development to those areas.
Specifically, the SDRP seeks to revitalize the State’s cities and towns by protecting,
preserving, and developing the valuable human and economic assets in cities, town, and
other urban areas.
As indicated by the SDRP’s Policy Map, the entirety of the Borough is located in the PA-1
Metropolitan Planning Area, wherein development and redevelopment is intended to be
directed. The intent of this Planning Area is to:
Provide for much of the state’s future redevelopment;
Revitalize cities and towns;
Promote growth in compact forms;
Stabilize older suburbs;
Redesign areas of sprawl; and;
Protect the character of existing stable communities.
Accordingly, this HE&FSP is consistent with the intents of the PA-1. Specifically, it is
designed to encourage redevelopment and growth in a compact form, while also
protecting the character of the existing community.
4.7: Crediting Documentation and Ongoing Compliance
The Borough of Allendale is following the applicable requirements regarding unit
monitoring and reporting. Specifically, the Borough completed the statutorily required
updates to its housing project status report by the DCA deadline of February 15, 2025.
These updates are included in the State’s new Affordable Housing Monitoring System and
should be considered to fulfill the Borough obligation to specify the creditworthiness of
all existing affordable units. Further, all crediting documentation submitted to and
approved by the Court as part of the Borough’s Third Round Housing Element and Fair
Share Plan remains on file with and accessible from the Court. All other crediting
documentation, for plan components that were not part of the Borough’s Third Round
HE&FSP, is included in the appendices of this plan.
~ 45 ~
Appendices
1. Draft Resolutions Adopting and Endorsing Housing Element and Fair Share Plan
2. Endorsing Resolution No. 25-71 Committing to Comply to Fourth-Round Present
and Prospective Need.
3. Superior Court Decision and Order Fixing Municipal Obligations
4. Structural Conditions Survey and Calculation of Adjusted Present Need
5. Third Round Vacant Land Adjustment Table
6. Third Round Settlement Agreement
7. Existing Affordable Housing Mandatory Set-Aside Ordinance
8. Existing/Adopted Chapter 270-Affordable Housing of Borough Code
9. Existing/Adopted Chapter 81 -Development Fees of Borough Code
10. Existing/Adopted Chapter 270, Article XXXIV, Ramsey Golf Course Inclusionary
Overlay Residential District of Borough Code.
11. Existing/Adopted Chapter 270, Article XXXV Allendale Corporate Center
Inclusionary Overlay Residential District of Borough Code.
12. Existing/Adopted Chapter 270, Article XXXVI Franklin Turnpike Inclusionary
Overlay Residential District of Borough Code.
13. Allendale- 98 Elm Consent Order
14. Resolution Appointing Municipal Housing Liaison
15. Administrative Agents Contracts and Resolutions
16. Administrative Agent Manual and Affirmative Marketing Plan
17. Courts approval of the Borough’s Third Round Plan
18. Fourth Round Spending Plan
~ 46 ~
Appendix
1. Draft Resolutions Adopting and Endorsing Housing
Element and Fair Share Plan
RESOLUTION OF THE PLANNING BOARD OF THE BOROUGH OF
ALLENDALE ADOPTING A HOUSING ELEMENT AND FAIR SHARE
PLAN FOR ROUND FOUR
WHEREAS, the Borough of Allendale (hereinafter the “Borough” or “ Allendale”) has a
demonstrated history of voluntary compliance as evidenced by the receipt of a Round 2
Substantive Certification from COAH on October 1, 2003 and the entry of a Judgment of Repose,
dated June 27, 2019, approving the Borough’s Housing Element and Fair Share Plan for Round 3;
Third Round record; and
WHEREAS, in March of 2024, Governor Murphy signed an amendment to the New Jersey
Fair Housing Act, N.J.S.A. 52:27D-301 et seq. into law making radical changes to the legislation
(hereinafter “FHA II”) and
WHEREAS, FHA II established a procedure by which municipalities can secure approval
of a Housing Element and Fair Share Plan; and
WHEREAS, that procedure contemplated that municipalities would adopt a resolution by
January 31, 2025 committing to a fair share number and filing a declaratory relief action within 48
hours from adoption of the resolution and then adopting a Housing Element and Fair Share Plan
(hereinafter “HEFSP" or “Plan”) by June 30, 2025 and filing the adopted Plan within 48 hours of
adoption with the Affordable Housing Dispute Resolution Program (the “Program”); and
WHEREAS, the Borough adopted a resolution by January 31, 2025 committing to a fair
share number and filing a declaratory relief action within 48 hours from adoption of the resolution;
and
WHEREAS, the Borough had its affordable housing planning consultant, Edward
Snieckus, Jr. P.P., LLA, ASLA, of Burgis Associates, Inc. prepare a HEFSP to address the
Borough’s affordable housing obligations under FHA II; and
WHEREAS, the Borough now wishes for the Allendale Planning Board to consider
adopting the HEFSP that its affordable housing planner prepared;
WHEREAS, in accordance with the provisions of N.J.S.A. 40:55D-13 of the MLUL, the
Planning Board scheduled a public hearing on the HEFSP for June 16, 2025 at 7:00 p.m. at
Municipal Building 500 W Crescent Ave Allendale, NJ 07401; and
WHEREAS, in accordance with the provisions of N.J.S.A. 40:55D-13 of the MLUL, the
Planning Board published a notice of this public hearing in the Borough’s official newspaper at
least ten days before the scheduled date for the public hearing and served a copy of this notice
upon the clerks of all municipalities adjoining the Borough, upon the clerk of the County Planning
Board, and upon the New Jersey Office of Planning Advocacy; and
WHEREAS, a copy of the HEFSP was placed on file with the Planning Board Secretary
and was available for public review at least ten days before the scheduled date for the public
hearing; and
WHEREAS, upon notice duly provided pursuant to N.J.S.A. 40:55D-13, the Planning
Board held a public hearing on the Housing Element and Fair Share Plan on June 16, 2025; and
WHEREAS, at the public hearing, Edward Snieckus, Jr. P.P., LLA, ASLA, provided
professional planning testimony regarding the HEFSP and the Board provided members of the
public with the opportunity to provide their comments about the plan.
WHEREAS, the Planning Board determined that the attached Housing Element and Fair
Share Plan is consistent with the goals and objectives of the current Master Plan of Allendale, and
that adoption and implementation of the plan is in the public interest and protects public health
and safety and promotes the general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Board of Allendale , County
of Bergen, State of New Jersey, that the Planning Board hereby adopts the Housing Element and
Fair Share Plan attached hereto.
NOW, THEREFORE, BE IT RESOLVED by the Planning Board hereby directs the
affordable housing attorney for Allendale to file the duly adopted Housing Element and Fair Share
Plan with the Program, an entity created by the Amended FHA, within 48 hours of adoption and
present the duly adopted Housing Element and Fair Share Plan to Allendale for endorsement.
BE IT FURTHER RESOLVED that Affordable Housing Counsel is authorized to pursue
approval of the Housing Element and Fair Share Plan and submit such additional documents as
may be necessary or desirable in an effort to secure such approval.
____________________________________
Chairman of the Planning Board
CERTIFICATION
I certify that the foregoing Resolution was duly adopted by the Planning Board of the
Allendale at a regular meeting held on the ___ day of _____ 2025.
_____________________________________________________
Planning Board Secretary
1
RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF
ALLENDALE ENDORSING THE HOUSING ELEMENT AND FAIR SHARE
PLAN ADOPTED BY THE ALLENDALE PLANNING BOARD
WHEREAS, on March 20, 2024, Governor Murphy signed into law P.L. 2024, c.2, which
amended the 1985 New Jersey Fair Housing Act; and
WHEREAS, for ease in reference, this resolution shall refer to the Fair Housing Act as
amended as “FHA II”; and
WHEREAS, FHA II established a procedure by which municipalities can secure approval
of a Housing Element and Fair Share Plan (“HEFSP") and secure immunity in the process; and
WHEREAS, that procedure contemplated that municipalities would adopt a resolution by
January 31, 2025 committing to a fair share number and filing a declaratory relief action within 48
hours from adoption of the resolution and then filing a HEFSP by June 30, 2025 and filing that
plan within 48 hours with the Affordable Housing Dispute Resolution Program (the “Program”);
and
WHEREAS, by taking these actions, a municipality could secure and maintain immunity
from all exclusionary zoning suits inclusive of builder’s remedy suits; and
WHEREAS, in accordance with this statutory procedure, the Borough adopted a binding
resolution on January 23, 2025 and filed a declaratory relief action within 48 hours from adoption
of the resolution; and
WHEREAS, the Borough’s affordable housing planning consultant, Edward Snieckus P.P.,
LLA, A.S.L.A, of Burgis Associates, Inc has prepared a HEFSP to address the Borough’s
affordable housing obligations under FHA II; and
WHEREAS, the Allendale Borough Planning Board adopted a HEFSP prepared by Mr.
Snieckus on June 16, 2025, which is attached hereto as Exhibit A; and
WHEREAS, in accordance with the procedure established by FHA II, the Borough’s
affordable housing counsel filed the duly adopted HEFSP with the Program created by FHA II
within 48 hours from adoption; and
WHEREAS, the Borough Council now wishes to endorse the Housing Element and Fair
Share Plan adopted by the Allendale Planning Board and seek approval of the HEFSP by the
Program and Court.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Allendale,
County of Bergen, State of New Jersey, as follows:
1. The Borough Council hereby endorses the Fourth Round HEFSP previously adopted
by the Allendale Planning Board and attached hereto.
2. The Borough Council hereby directs the Borough’s Affordable Housing Counsel to (a)
file this resolution with the Program, along with any additional documents the
professionals deem necessary or desirable; and (b) seek a Compliance Certification
2
from the Program or Vicinage area judge as may be appropriate formally approving the
Plan.
3. The Borough reserves the right to further amend the HEFSP attached hereto, should
that be necessary.
CERTIFICATION
I certify that the foregoing Resolution was duly adopted by the Council of Allendale
Borough at a regular meeting held on the ___ day of _____ 2025.
_____________________________________________________
Municipal Clerk
~ 47 ~
Appendix
2. Endorsing Resolution No. 25-71 Committing to
Comply to Fourth-Round Present and Prospective
Need.
Community Planning
Principals:
Land Development and Design
Joseph H. Burgis PP, AICP
Landscape Architecture
Edward Snieckus, Jr. PP, LLA, ASLA
David Novak PP, AICP
i
b a
B
U
R
G
I
S
A S S O C I A T E S, I N C.
Fourth Round
Present and
Prospective Need
Analysis
Borough of Allendale
Bergen County, New Jersey
25 Westwood Avenue, Westwood NJ 07675
p: 201.666.1811 | f: 201.666.2599 | e: es@burgis.com
Fourth Round
Present and Prospective Need
Analysis
Borough of Allendale
Bergen County, New Jersey
Prepared for the Borough of Allendale
Mayor and Council
BA# 4127.03
The original document was appropriately signed and sealed on January 21, 2025, in accordance
with Chapter 41 of Title 13 of the State Board of Professional Planners.
_______________________________
_______________________________
Joseph H. Burgis, AICP, PP
Edward J. Snieckus Jr. PP, LLA, ASLA
Professional Planner #2450
Professional Planner #5442
25 Westwood Avenue, Westwood NJ 07675
p: 201.666.1811 | f: 201.666.2599 | e: es@burgis.com
Contents
Executive Summary ............................................................................................................................................ 1
Section 1: Present Need- Structural Conditions Survey ...................................................................... 3
1.1: Present Need Background ................................................................................................................. 3
1.2: Structural Conditions Survey ............................................................................................................. 3
Section 2: Equalized Nonresidential Valuation Factor .......................................................................... 6
2.1: Basis of Calculation ............................................................................................................................... 6
2.2: Analysis of Calculation ......................................................................................................................... 6
Section 3: Income Capacity Factor ............................................................................................................... 7
3.1: Basis of Calculation ............................................................................................................................... 7
3.2: Analysis of Calculation ......................................................................................................................... 7
Section 4: Land Capacity Factor .................................................................................................................... 8
4.1: Basis of Calculation ............................................................................................................................... 9
4.2: Analysis of Calculation ....................................................................................................................... 11
Appendix A: Land Capacity Factor Detailed Review ............................................................................ 13
Appendix B: Structural Conditions Survey .............................................................................................. 41
~ 1 ~
Executive Summary
The following Present and Prospective Need Analysis has been prepared for the Borough
of Allendale in Bergen County, New Jersey.
By way of background, Governor Murphy signed A-40/S-50 into law on March 20, 2024
after the Senate and Assembly adopted it. This legislation (hereinafter “Amended FHA” or
“Act”) overhauled the Fair Housing Act (FHA) by abolishing the Council on Affordable
Housing (COAH) and created a new process that involved the Department of Community
Affairs (DCA) and the Administrative Office of the Courts (AOC).
The Amended FHA directed the New Jersey Department of Community Affairs (“DCA”) to
report the present need (also referred to as the rehab obligation) and the prospective
need for Round Four based upon the standards set forth in the Act. The DCA issued its
report on October 18, 2024; and, in accordance with the Act, made clear that the report
was advisory only. For Allendale, the DCA Report identifies a Present Need of 159 and a
Prospective Round Four Need of 260.
Since the DCA report is non-binding, each municipality has the opportunity to study and
define why its obligations should be different based on the standards in the Act.
However, the municipality must adopt a binding resolution by January 31, 2025,
identifying the present and prospective need obligation to which it is committing.
As to the Present Need (also known as the rehab obligation), the Act allows municipalities
to rely on COAH standards that the Act has not eliminated. N.J.S.A 52:27D-311 (m). Over
each housing cycle, COAH permits municipalities to adjust their rehab obligation through
a structural conditions survey. Accordingly, the Borough conducted a structural
conditions survey pursuant to NJAC 5:93-5.2(a) to more accurately reflect those units in
need of rehabilitation.
Recommendation: As a result of the structural conditions survey included herein, the
Borough’s Present Need Obligation should be adjusted from 159 to 10 units.
As to the Round Four Prospective Need of 260 units that the DCA Reported on October
18, 2024, the methodology used to determine a municipality’s prospective fair share
obligation requires an initial determination of the regional prospective need. The region
that Allendale is in consists of all municipalities in Bergen, Passaic, Hudson and Sussex
counties. To determine a municipality’s share of the regional need, the Act requires a
calculation of three factors: (1) the equalized nonresidential valuation factor; (2) the
income capacity factor; and (3) the land capacity factor. The Act then requires these three
factors to be averaged and applied to the regional need to determine the share of the
regional need for each municipality that is not a Qualified Urban Aid Municipality
(“QUAM”). The Act therefore imposes no prospective need obligation on QUAMs, it
instead distributes the obligation to the other municipalities in the respective housing
region.
~ 2 ~
The Borough does not dispute the DCA’s calculation of the Equalized Nonresidential
Valuation Factor or the Income Capacity Factor. However, the Borough does dispute the
calculation of the Land Capacity Factor. More specifically, the Borough accepts the DCA’s
invitation to examine the Land Capacity Factor and the lands that the DCA deemed
developable for purposes of calculating this factor.
Recommendation: For the reasons set forth herein, the DCA calculation under the Land
Capacity Analysis was overinclusive. Once appropriate corrections are made to the land
that is developable, the Borough’s Prospective Need Obligation should be adjusted from
the 260 figure the DCA reported to 182 based upon the weighting criteria. With the
findings in this report, the following summarizes the comparison of the three allocation
factors as adjusted by the analysis provided herein.
Table 1: Summary of Adjusted Factors
Equalized
Nonresidential
Valuation Factor
Income Capacity
Factor
Land Capacity
Factor
DCA Analysis
0.56%
1.05%
1.21%
Borough Analysis
0.56%
1.05%
0.36%
The basis for these conclusions are contained herein.
~ 3 ~
Section 1: Present Need- Structural
Conditions Survey
The following section reviews the Borough’s Present Need as calculated by the DCA. The
following is summarized:
1. The Borough finds that the methodology utilized by the DCA to calculate its
Prospective Need Obligation is in accordance with the applicable regulations.
2. The Borough conducted a Structural Conditions Survey to more accurately
identify its indigenous needs since the data sets excessively estimated for the
actual need in the borough. This survey identified that 10 units have been
identified as in need of rehabilitation in accordance with the applicable criteria as
noted herein.
1.1: Present Need Background
The Amended Fair Housing Act provides that “[a]ll parties shall be entitled to rely upon
regulations on municipal credits, adjustments, and compliance mechanisms adopted by
the Council on Affordable Housing (“COAH”) unless those regulations are contradicted by
statute, including P.L. 2024, c.2, or binding court decisions”. N.J.S.A 52:27D-311 (m).
As detailed below, COAH has adopted regulations to permit municipalities conduct a
visual exterior survey to adjust their rehab obligation, which is also referred to as Present
need in the Amended Fair Housing Act.
Since the Borough had a rehab obligation of 21 in Round 3, the 159 the DCA assigned to
the Borough for its rehab obligation raised questions. Accordingly, in accordance with
COAH regulations, the Borough conducted the windshield survey COAH regulations
authorize. While many towns have reserved their right to conduct a windshield survey as
part of preparing a Housing Element and Fair Share Plan for the June 30, 2025 deadline,
the Borugh conducted the survey up front.
If there are issues with the survey, we will address those issues in the process that lies
ahead. In any event, the Borough will implement a rehabilitation program as it has in the
past with Court approval. If more low and moderate income households with qualified
units seek to participate in the program than our survey determines exist, the Borough
will address the needs of the additional low and moderate income households.
1.2: Structural Conditions Survey
As per NJAC 5:93-5.2:
“Each municipality shall be provided with the Council’s estimate for substandard
units occupied by low and moderate income households. This estimate shall be the
municipality’s indigenous need, unless the municipality or an objector performs the
Council’s Structural Conditions Survey (see Appendix C, incorporated herein by
reference). Where the municipality or objector performs the Structural Conditions
~ 4 ~
Survey, the Council shall review the results of the data collected and shall modify
the indigenous need if it determines a modification is warranted.”
A Structural Conditions Survey therefor was conducted as a first step by the Borough of
Allendale Construction Official, Mr. Anthony Hackett. The Construction Official was
guided by the available criteria established in N.J.A.C. 5:93-5.2 and N.J.A.C. 5:97-6.2 which
reference “Appendix C” of the rules. Appendix C of N.J.A.C. 5:93 outlines the criteria and
entities licensed to perform building and/or housing inspections.
In accordance with Appendix C, the total number of units found to be substandard was
then factored for the estimated number of substandard units occupied by low- and
moderate-income households census information and overcrowded that is available from
the Public Use Micro-Data Sample (PUMS).
In calculating Round 4 Present Need obligations, the DCA did not rely on PUMS data for
determining the percent of substandard units occupied by low and moderate income
households in each municipality. Instead, the DCA relied on HUD’s Comprehensive
Housing Affordability Strategy (CHAS) dataset for this estimate. The DCA’s Fourth Round
Methodology Report provides the reasoning behind this as follows:
“Previous approaches have calculated county-level LMI deficient housing shares
from the American Community Survey Public Use Microdata Sample (PUMS) and
used them to estimate the LMI-occupied portion of each municipality’s deficient
housing. However, this approach essentially assumes that the LMI share of deficient
housing is uniform in a county, which is not the case. For example, data from
HUD’s Comprehensive Housing Affordability Strategy (CHAS) dataset show that for
2017-21, the LMI share of housing lacking complete plumbing or kitchen facilities
in Atlantic County was 69.1 percent. However, in Brigantine, it was 100 percent.
Using the county LMI deficient share for Brigantine would result in underestimating
city present need, undercounting the number of deficient housing units actually
occupied by LMI households.
Therefore, the analysis utilizes data from HUD’s Comprehensive Housing
Affordability Strategy (CHAS) dataset, which has municipality-level data on the
number and percentage of LMI households from a special tabulation of Census
Bureau American Community Survey (ACS) data. The latest CHAS data release at
the time of calculation corresponds to the 2017-2021 5 Year Estimates. To ensure
data year and source consistency, the LMI deficient housing calculation relies on
2017-2021 data.”
Therefore, in order to conduct the second step in our Structural Conditions Survey
(estimating the number of substandard units occupied by low/mod income households),
we relied on the CHAS data and DCA’s methodology.
The structural conditions survey performed by the Construction Official upon review of
the entire Borough identified there are a total of 10 units that reflect a need for
rehabilitation. To apply the second step, the aforementioned CHAS data for Allendale
estimated the number of substandard units occupied by low- and moderate-income
~ 5 ~
households was 100 percent of the identified substandard units calculated. Thus all 10
units from the survey represent the Borough’s present need and may potentially need
assistance through the affordable housing present need mechanisms.
This result is pending further guidance on other methods or means of adjusting the need
based upon actual conditions as determined by the applicable state regulatory agency.
The survey demonstrates that the data DCA utilized substantially overestimated the
Present Need obligation. The Borough is committed to addressing any issues with its
compliance with the COAH standards to adjust the rehab component fully implementing
a rehab program and rehabbing more units than the survey substantiates if more than 10
low and moderate income households with units that qualify apply to participate in the
program.
The housing survey form is provided in Appendix B of this document.
~ 6 ~
Section 2: Equalized Nonresidential
Valuation Factor
The following section reviews the equalized nonresidential valuation factor calculated by
the DCA. The following is summarized:
1. The Borough finds that the methodology utilized by the DCA to calculate its
nonresidential valuation factor is acceptable.
2. The Borough’s change in equalized nonresidential valuation between 1999 and
2023 is $180,676,233.
3. This results in the Borough’s calculated share of the region’s equalized
nonresidential valuation of 0.56%.
2.1: Basis of Calculation
As per the adopted legislation, a municipality’s equalized nonresidential valuation factor
shall be determined as follows:
“To determine this factor, the changes in nonresidential property valuations in the
municipality, since the beginning of the round preceding the round being
calculated, shall be calculated using data published by the Division of Local
Government Services in the department. For the purposes of such, the beginning
of the round of affordable housing obligations preceding the fourth round shall be
the beginning of the gap period in 1999. The change in the municipality’s
nonresidential valuations shall be divided by the regional total change in the
nonresidential valuations to determine the municipality’s share of the regional
change as the equalized nonresidential valuation factor.”
2.2: Analysis of Calculation
The calculation conducted by the DCA determined that the Borough has a 0.56% share of
the region’s equalized nonresidential valuation.
Table 2: DCA Equalized Nonresidential Valuation Calculation Summary
Year
Non-equalized
Nonresidential Valuation
Equalization
Ratio
Equalized
Nonresidential Valuation
1999
$100,574,900
0.8197
$122,697,206
2023
$279,376,600
0.9209
$303,373,439
Difference
$180,676,233
Source: DCA Fair Share Housing Obligations for 2025-2035 (Fourth Round) Workbook
The Borough has reviewed the methodology and data utilized by the DCA for this
calculation. The methodology employed by the DCA is appropriate, the Borough finds
that the equalization ratios employed by the DCA are accurate.
~ 7 ~
Section 3: Income Capacity Factor
The following section reviews the income capacity factor calculated by the DCA. It finds
that the data and methodology utilized by the DCA relating to the Borough’s income
capacity factor are both acceptable.
3.1: Basis of Calculation
As per the adopted legislation, a municipality’s income capacity factor shall be
determined by calculating the average of the following measures:
“The municipal share of the regional sum of the differences between the median
municipal household income, according to the most recent American Community
Survey Five-Year Estimates, and an income floor of $100 below the lowest median
household income in the region; and
“The municipal share of the regional sum of the differences between the median
municipal household incomes and an income floor of $100 below the lowest
median household income in the region, weighted by the number of the
households in the municipality.”
3.2: Analysis of Calculation
The calculation conducted by the DCA determined that the Borough has a 1.05% share of
the region’s income capacity factor. Table 3 below summarizes the methodology utilized
by the DCA to determine this share.
The Borough has reviewed the data and the methodology utilized by the DCA for this
calculation and finds both to be acceptable.
Table 3: Income Capacity Factor
Number of
Households
Median
household
income in
the past
12 months
(in 2022
inflation-
adjusted
dollars) *
$100
Below
Regional
Median
HH
Income
Floor
Diff. from
Median
Household
Income
Floor with
Household
Weight
HH
Weighted
Income
Difference
% of
Region
Total
Diff from
Median
Household
Income
Floor
Income
Difference
% of
Region
Total
Income
Capacity
Factor
2,271
$163,875
$51,992
254,086,293
0.8%
$111,883
1.3%
1.05%
~ 8 ~
Section 4: Land Capacity Factor
The DCA issued the data that was the basis for the land capacity factor on
November 27th, over a month after the DCA deadline to issue its non-binding numbers
under the Amended FHA.
The link to the DCA GIS data, and the description section
(https://njdca.maps.arcgis.com/home/item.html?id=12acdfe0a5104f8f8a2f604e96063e74,)
includes the following language:
"The land areas identified in this dataset are based on an the best available data
using publicly available data enumerated in N.J.S.A. 52:27D-304.3c.(4) to
estimate the area of developable land, within municipal and regional
boundaries, that may accommodate development. It is important to note that
the identified areas could be over or under inclusive depending on various
conditions and that municipalities are permitted to provide more detailed
mappings as part of their participation in the Affordable Housing Dispute
Resolution Program." (underlined for emphasis)
The areas identified as developable in the DCA’s calculation of the Land Capacity factor
is indeed overinclusive. Accordingly, we believe that the land capacity allocation factor
should be adjusted from 23.8 acres to 7.063 acres . When this correction is made,
Allendale’s Round Four prospective need number should be 182 instead of the 260 unit
figure identified by DCA.
While the basis for removing land treated as developable in the DCA’s calculation is set
forth below, it is important to note that the analysis to correct the land allocation factor
is different than the analysis to use the determine a municipality’s entitlement to vacant
land adjustment. While the analysis to correct the Land Capacity factor focuses on
developable land, the analysis to support a vacant land adjustment focuses on land
suitable for inclusionary development. Therefore, just because a site was not removed
for purposes of calculating the land capacity factor has no bearing on whether it should
be removed to calculate entitlement to a vacant land adjustment.
In this regard, the Borough secured court approval of a vacant land adjustment in
Round 3 and will necessarily seek an adjustment in Round Four in conjunction with its
preparation of a Housing Element and Fair Share Plan. Nothing herein should be
construed as a waiver of those rights that are explicitly reserved.
An analysis of the lands identified by the DCA as being “developable” revealed several
inaccuracies. In summary, these inaccuracies generally included lands which were: artifacts
of error as described by the DCA; located on developed properties or those inaccessible
due to environmental constraints; located on open space or common element properties;
located on properties presently under construction; and located on properties with active
site plan or approvals.
~ 9 ~
Correcting these inaccuracies adjusts the Borough’s weighted land area from 23.8 acres
to 7.063 acres. This adjustment to the Borough’s weighted land area also adjusts the
region’s weighted land area from 1980 acres to 1964 acres. This results in an adjustment
of the Borough’s calculated share of the region’s land capacity from 1.21% to 0.36%.
4.1: Basis of Calculation
As per the adopted legislation, a municipality’s land capacity factor shall be determined
by:
“estimating the area of developable land in the municipality’s boundaries, and
regional boundaries, that may accommodate development through the use of the
‘land use / land cover data’ most recently published by the Department of
Environmental Protection, data from the American Community Survey and
Comprehensive Housing Affordability Strategy dataset thereof, MOD-IV Property
Tax List data from the Division of Taxation in the Department of the Treasury,
and construction permit data from the Department of Community Affairs and
weighing such land based on the planning area type in which such land is
located. After the weighing factors are applied, the sum of the total developable
land area that may accommodate development in the municipality and in the
region shall be determined. The municipality’s share of its region’s developable
land shall be its land capacity factor. Developable land that may accommodate
development shall be weighted based on the planning area type in which such
land is located.”
The legislation identifies the primary data sources and weighing factors to utilize in
calculating a municipality’s land capacity factor. However, unlike the equalized
nonresidential valuation factor and the income capacity factor, the legislation did not
establish a delineated process to combine the aforementioned data sources into one
comprehensive and coherent formula.
The DCA subsequently released a workbook entitled “Affordable Housing Obligations for
2025-2035 (Fourth Round) Methodology and Background” (herein referred to as the
“DCA Workbook” or the “Workbook”) which established that department’s interpretation
on how to calculate the land capacity factor. In summary, that workbook identified the
following steps:
1. First, the DCA divided the weighing regions established by the legislation by
municipality.
2. Next, land use/land cover areas were used to identify vacant, developable lands.
The workbook identifies the codes and descriptions of the land use/land cover
data used in this process. In short, they include: cropland and pastureland;
orchards/vineyards/nurseries/horticultural areas; deciduous forest areas;
coniferous forest areas; plantations; mixed forest areas; old field areas;
phragmites dominate old field areas; deciduous brush/shrubland; coniferous
brush/shrubland; mixed deciduous/coniferous brush/shrubland; severe burned
upland vegetation; and undifferentiated barren lands.
~ 10 ~
3. These initial vacant, developable lands were then refined to remove rights-of-way
as well as developed properties. For the latter, the DCA utilized MOD-IV tax data
and selected underlying tax parcels with property class codes for residential,
commercial, industrial, apartment, railroad, and school.
4. Construction permit data was then analyzed to capture more recent development
activities that may not have otherwise been reflected by the land use/land cover
data or MOD-IV tax data.
5. Other limiting factors were utilized to remove initial vacant, developable lands.
These include open space, preserved farmland, category 1 waterways and
wetlands (and associated buffers based on special area restrictions), steep slopes
exceeding 15 percent, and open waters.
6. Due to limitations resulting from inconsistencies between data sources, the
resulting DCA mapping included instances of small land areas caused by an
incongruous alignment of geospatial layers. To eliminate these “slivers” of
leftover land, DCA eliminated any segment with an area of less than 2,500 square
feet. This presumed that a sliver with a minimum dimension of 25 by 100 feet
could be a developable property.
7. Finally, the resulting land area for each municipality was summed with the
resulting land areas for all other municipalities within each housing region to
then determine the municipal percentage of land capacity for the housing region.
~ 11 ~
4.2: Analysis of Calculation
The calculation conducted by the DCA determined that the Borough has 23.870 acres of
developable land which accounts for a 1.21% share of the region’s land capacity factor.
Overall, the Borough finds the general methodology utilized by the DCA to calculate its
land capacity factor acceptable. However, an analysis of the DCA’s resultant mapping
discovered the following:
1. Several of the lands identified as “developable” by the DCA represent slivers
which “are considered artifacts of error that are common when overlaying
polygons and vectors from non-coincident data sources.” The DCA initially tried
to eliminate these slivers by deleting any feature parts with an area of less than
2,500 square feet.
2. Other lands identified as “developable” by the DCA are located on properties
with development. To eliminate “developable” lands on developable properties,
the DCA had removed any lands where the underlying tax parcels had property
class codes for residential, commercial, industrial, apartments, railroad, and
school. However, the property classifications identified by the DCA did not
account for houses of worship, properties developed with nonprofit facilities, and
residential dwellings with associated farmland.
3. Several lands identified as “developable” by the DCA were in fact located on open
space, common elements for homeowner’s associations, or properties containing
infrastructure (e.g. detention basins, utility improvements, rights-of-way, etc.).
4. Some developable areas did not account for areas restricted by regulated 100-
year floodway areas of streams and other mapped watercourses.
5. There were several instances of lands identified as “developable” by the DCA
being located on properties which are presently under construction. This is likely
due to a lag in construction permit reporting.
6. Finally, lands identified as “developable” by the DCA are located on properties
with active site plan or general development plan (GDP) approvals which are no
longer available for development.
These discrepancies are summarized in Table 4 utilizing the Land Capacity Analysis and
are detailed in Appendix A of this analysis. Removing these lands would adjust the
Borough’s weighted land area from 23.870 acres to 7.063 acres. This results in an
adjustment of the Borough’s calculated share of the region’s land capacity from 1.21% to
0.36%.
Irrespective of the land capacity factor analysis established herein, the Borough reserves
the right to conduct a vacant land adjustment (VLA) to determine its realistic
development potential (RDP) at a later date.
~ 12 ~
Table 4: Summary of Land Capacity Factor Analysis
ID #
Shapefile
Object ID*
Block
Lot
Initial
Weighted
Area
Status
Weighted
Area
Recalculated
1
28149
2004
10
0.251
Not Develop
0.000
2
28150
2001
1
0.096
Developable
0.096
3
28151
2003
19
1.212
Not Developable
0.000
4
28152
2004
34
0.183
Developable
0.183
5
28153
2101
4
2.383
Not Developable
0.000
6
28154
2101
4
0.196
Not Developable
0.000
7
28155
2101
4
0.358
Not Developable
0.000
8
28156
2008
11
0.095
Developable
0.095
9
28157
1503.01
14
0.805
Not Developable
0.000
10
28158
2103
4
2.555
Not Developable
0.000
11
28159
1406
19
0186
Not Developable
0.000
12
28160
2103
32
0.690
Not Developable
0.000
13
28161
2103
30
0.378
Not Developable
0.000
14
28162
1604
15
3.928
Developable
3.928
15
28163
915
1
0.643
Not Developable
0.000
16
28164
912
3
1.026
Not Developable
0.000
17
28165
201
9
0.195
Not Developable
0.000
18
28166
301
28
0.262
Not Developable
0.000
19
28167
301
31
0.338
Not Developable
0.000
20
28168
303
14
0.799
Not Developable
0.000
21
28169
602
1
0.061
Not Developable
0.000
22
28170
301
33
0.313
Not Developable
0.000
23
28171
406
21.01
0.077
Not Developable
0.000
24
28172
203
1,
1.01
4.363
Not Developable
0.000
25
28172
303
1
2.600
Developable
2.600
26
28173
406
21.01
0.377
Constrained-reduced area
0.060
27
28174
411
21.01
0.101
Developable
0.101
TOTAL
7.063
* Object ID and area computations identified were obtained from the NJDCA
published Vacant and Developable Land Analysis.
~ 13 ~
Appendix A:
Land Capacity Factor Detailed Review
The following illustrations show in more detail the specific mapping of all land capacity
areas as identified in the DCA analysis provided through the Land Capacity Analysis for
P.L. 2024, c.2. They are obtained from the web based ARCGIS online mapping utilizing
feature layers (hosted) by NJDCA and incorporating other layer features available through
NJDEP and ARCGIS Online services.
~ 14 ~
ID #1
Map 1: ID #1 (scale: 1" = 400')
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
1
0.251
Not Developable
0.00
Analysis
ID #1 is undevelopable: Isolated lot no frontage and isolated by Saddle
River tributary.
~ 15 ~
ID #2
Map 2: ID #2 (scale: 1" = 400')
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
2
0.096
Developable
0.096
Analysis
ID #2 is this area is developable in accordance with the relevant land
capacity criteria.
~ 16 ~
ID #3
Map 3: ID #3 (scale: 1" = 400')
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
3
1.212
Not Developable
0.000
Analysis
ID #3 is undevelopable Rockland Electric transmission line ROW.
~ 17 ~
ID #4
Map 4: ID #4 (scale: 1" = 400')
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
4
0.183
Developable
0.183
Analysis
ID #4 is developable area on Block 2004 Lot 34 in accordance with the
relevant land capacity criteria.
~ 18 ~
ID #5
Map 5: ID #5 (scale: 1" = 400')
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
5
2.383
Not Developable
0.000
Analysis
ID #5 is undevelopable- owned by water utility and portion in
floodway.
~ 19 ~
ID #6
Map 6: ID #6 (scale: 1" = 400')
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
6
0.195
Not Developable
0.000
Analysis
ID #6 is undevelopable- water utility property and small isolated area
no frontage.
~ 20 ~
ID #7
Map 7: ID #7 and #8 (scale: 1" = 400')
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
7
0.358
Not Developable
0.000
Analysis
ID #7 is undevelopable- water utility owned property and small
isolated area no frontage, portion in floodway.
~ 21 ~
ID #8
Map 8: ID #9
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
8
0.095
Developable
0.095
Analysis
ID #8 is located on Block 2008 Lot 11. This area is vacant and
developable in accordance with the relevant land capacity criteria.
~ 22 ~
ID #9
Map 9: ID #10 (scale: 1" = 400')
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
9
0.805
Not Developable
0.000
Analysis
ID #9 is located on Block 1503 Lot 14. This property is currently under
construction. Therefore, this land is not available as a developable area.
~ 23 ~
ID #10
Map 10: ID #11 (scale: 1" = 400')
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
10
2.555
Not Developable
0.00
Analysis
ID #10 is undevelopable Rockland Electric transmission line ROW.
~ 24 ~
ID #11
Map 11: ID #12 (scale: 1" = 400')
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
11
0.186
Not Developable
0.000
Analysis
ID #11is undevelopable- isolated no frontage and mostly in floodway.
~ 25 ~
ID #12
Map 12: ID #13 (scale: 1" = 400')
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
12
0.069
Not Developable
0.000
Analysis
ID #12 is undevelopable- Rockland Electric transmission Line ROW.
~ 26 ~
ID #13
Map 13: ID #4 (scale: 1" = 400')
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
13
0.378
Not Developable
0.000
Analysis
ID #13 is water utility property and portion in floodway.
~ 27 ~
ID #14
Map 14: ID #15, #6, and #17 (scale: 1" = 600')
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
14
3.928
Developable
3.928
Analysis
The ID #14 is a developable portion of existing religious institution
under the relevant land capacity criteria.
.
~ 28 ~
ID #15
Map 15: ID #18 (scale: 1" = 400')
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
15
0.643
Not Developable
0.000
Analysis
ID #15 is undevelopable Rockland Electric transmission line ROW.
~ 29 ~
ID #16
Map 16: ID #16 (scale: 1" = 2,400')
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
16
1.026
Not Developable
0.000
Analysis
The ID #16 is undevelopable Rockland Electric transmission line ROW.
~ 30 ~
ID #17
Map 17: ID #20 (scale: 1" = 500')
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
17
0.195
Not Developable
0.000
Analysis
ID #17 is undevelopable- preserved on ROSI list -Crestwood Park.
~ 31 ~
ID #18
Map 18: ID #18
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
18
0.262
Not Developable
0.000
Analysis
ID #18 is undevelopable Rockland Electric transmission line ROW.
~ 32 ~
ID #19
Map 19: ID #19 (scale: 1" = 400')
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
19
0.338
Not Developable
0.000
Analysis
ID #19 is undevelopable Rockland Electric transmission line ROW.
~ 33 ~
ID #20
Map 20: ID #20
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
20
0.799
Not Developable
0.000
Analysis
ID #20 is undevelopable- open space on ROSI space.
.
~ 34 ~
ID #21
Map 21: ID #21
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
21
0.061
Not developablee
0.000
Analysis
ID #21 is undevelopable a small portion of fully developed gas station
lot fronting Route 17.
~ 35 ~
ID #22
Map 22: ID #22
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
22
0.313
Not Developable
0.000
Analysis
ID #22 is undevelopable on a portion Rockland Electric transmission
line ROW and extends into a narrow lot that is also impacted by
floodway.
~ 36 ~
ID #23
Map 23: ID #23 (scale: 1" = 400')
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
23
0.077
Not Developable
0.000
Analysis
ID #23 is located on Block 406 Lot 21.018. This property is small,
isolated portion of larger lot significantly impacted by environmental
restrictions.
~ 37 ~
ID #24
Map 24: ID #24
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
24
4.363
Not Developable
0.000
Analysis
ID #24 is located on Block 203 Lots 1 and 1.01. This property is part of
a water utility company, water tank and related infrastructure.
~ 38 ~
ID #25
Map 25: ID #29, #31, #32, #36, #38 (scale: 1" = 400')
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
25
2.600
Developable
2.600
Analysis
ID #25 is located on Block 303 Lot 1 which is owned by the Borough at
the terminus of Refy Avenue and developable under the relevant land
capacity criteria.
~ 39 ~
ID #26
Map 26: ID #26
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
26
0.377
Constrained
0.060
Analysis
The ID #26 is largely limited by floodway although a small area is
developable as identified under the relevant land capacity criteria.
~ 40 ~
ID #27
Map 27: ID #27
ID #
Weighted Acres
Status
Weighted Acres -
Recalculated
27
0.101
Developable
0.101
Analysis
ID #27 is located on Block 411 Lot 21.01. This property is part of a lot
on the Ramsey Country Club property and is considered developable
under the relevant land capacity criteria.
~ 41 ~
Appendix B:
Structural Conditions Survey
The following is the structural conditions survey performed by the Allendale Construction
Official, Mr. Anthony Hackett.
~ 48 ~
Appendix
3. Superior Court Decision and Order Fixing Municipal
Obligations
BER-L-000594-25 05/05/2025 Pg 1 of 5 Trans ID: LCV20251312992
BER-L-000594-25 05/05/2025 Pg 2 of 5 Trans ID: LCV20251312992
BER-L-000594-25 05/05/2025 Pg 3 of 5 Trans ID: LCV20251312992
BER-L-000594-25 05/05/2025 Pg 4 of 5 Trans ID: LCV20251312992
BER-L-000594-25 05/05/2025 Pg 5 of 5 Trans ID: LCV20251312992
~ 49 ~
Appendix
4. Structural Conditions Survey and Calculation of
Adjusted Present Need
~ 50 ~
Appendix
5. Third Round Vacant Land Adjustment Table
Allendale Borough – RDP Non-Contributing Sites
May 15, 2017
Page 1 of 3
ID
BLOCK
LOT
Location
Owner
Area
(Acres)
Unconstrained
Acres
Comments
9
103
1
300 HILLSIDE AVE
FABER, DANIEL &
PHYLLIS
0.91
0.84
Sold to the North Highlands
Regional H.S. District in 2014. Part
of High School Property
10
201
8
280 HILLSIDE AVE
NORTHERN
HIGHLANDS REG
HIGH SCHOOL
40.68
37.64
Developed with a school building
and athletic fields.
11
201
9
RR WEST SIDE
BOROUGH OF
ALLENDALE
31.13
23.29
On ROSI.
12
201
10
HILLSIDE AVE RR
BOROUGH OF
ALLENDALE
2.14
2.14
On ROSI.
13
203
1.01
REAR LEIGH
COURT
BOROUGH OF
ALLENDALE
4.44
4.44
Water tank.
14
204
1
REAR BONNIE
WAY
BOROUGH OF
ALLENDALE
4.36
2.67
On ROSI. 100 Year Floodway,
Wetlands
15
301
1
WOODLAND AVE
RONALDO L.L.C.
0.05
0.05
Lot size is too small.
16
301
2
WOODLAND AVE
ROCKLAND ELECTRIC
0.21
0.21
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
17
301
28
WOODLAND AVE.
& FARLEY PL
ROCKLAND ELECTRIC
0.38
0.38
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
18
301
29
FARLEY PLACE
ROCKLAND ELECTRIC
0.37
0.37
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
19
301
30
CRESCENT PLACE
ROCKLAND ELECTRIC
0.21
0.21
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
20
301
31
CRESCENT PL
ROCKLAND ELECTRIC
0.18
0.18
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
21
301
32
REAR CRESCENT
PLACE
ROCKLAND ELECTRIC
0.73
0.62
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
22
301
33
REAR CRESCENT
PL.
ROCKLAND ELECTRIC
0.88
0.60
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
23
301
34
REAR CRESCENT
PL.
ROCKLAND ELECTRIC
0.12
0.12
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
24
301
35
REAR CRESCENT
PL.
ROCKLAND ELECTRIC
0.03
0.03
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
25
301
45
REAR FARLEY
PLACE
UNKNOWN
0.04
0.00
Lot size is too small. 100 Year
Floodway, Wetlands.
26
303
14
REAR BONNIE
WAY RR
BOROUGH OF
ALLENDALE
0.47
0.23
Lot size is too small. Wetlands.
27
402
9
17 CRESCENT PL
MALARCZUK, GEORGE
& LIEW, SHIRLEYN
0.10
0.10
Lot size is too small.
28
403
8
14 CRESCENT PL
DRAPER, BARBARA E.
0.16
0.16
Lot size is too small.
29
404
13
41 BEATRICE ST
BALLAERA, JOSEPH
0.35
0.35
Lot size is too small.
30
408
14
271 LAKEVIEW DR
NESS, WILLIAM G &
DONNA J
0.38
0.28
Lot size is too small. 100 Year
Floodway, Wetlands, Steep Slopes.
31
408
16
4 ALBERT RD.
SEBASTIAN, JOHN
0.58
0.58
Building permit issued for single-
family detached house
32
409
1
SPRING LAKE
RAMSEY GOLF &
COUNTY CLUB
2.28
0.06
100 Year Floodway.
33
410
7
CANTERBURY DR
ZOCCOLI, CHARLES C
0.13
0.03
Lot size is too small. 100 Year
Floodway, Wetlands.
34
411
5
LAKEVIEW DR
RAMSEY COUNTRY
CLUB
0.37
0.36
Lot size is too small.
35
605
16
REAR GLORIA DR
BOROUGH OF
ALLENDALE
12.82
0.16
On ROSI. 100 Year Floodway,
Wetlands.
36
701
19
<Null>
<Null>
7.99
0.25
Wetlands.
37
702
8
10 BOROLINE
ROAD
BOROUGH OF
ALLENDALE
7.33
1.70
On ROSI. Wetlands.
38
801
1.09
MEADOW LANE
BOROUGH OF
ALLENDALE
7.27
0.15
On ROSI. 100 Year Floodway,
Wetlands.
Page 2 of 3
ID
BLOCK
LOT
Location
Owner
Area
(Acres)
Unconstrained
Acres
Comments
39
801
14
1 COTTAGE PL
BOROUGH OF
ALLENDALE
2.59
0.00
On ROSI. 100 Year Floodway,
Wetlands.
40
801
18
FRANKLIN TPKE
BOROUGH OF
ALLENDALE
58.05
0.52
On ROSI. 100 Year Floodway,
Wetlands.
41
801
31
<Null>
<Null>
16.82
7.86
HOA common space.
42
801
42
REAR GREEN WAY
BOROUGH OF
ALLENDALE
5.61
0.90
On ROSI. 100 Year Floodway,
Wetlands.
43
902
6
134 W. ALLENDALE
AVE.
AVAD LLC
0.09
0.09
Lot size is too small.
44
905
19
173 MYRTLE AVE
KARVELLAS, MICHAEL
0.18
0.18
Lot size is too small.
45
910
1
ALL TROLLEY
TRACKS
ROCKLAND ELECTRIC
CO C/O DALLAND
0.09
0.09
Lot size is too small.
46
910
18
IVERS RD
CALVARY LUTHERN
CHURCH
0.44
0.44
Lot size is too small.
47
912
1
IVERS ROAD
ROCKLAND ELECTRIC
0.17
0.17
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
48
912
3
REAR PITTS AVE
ROCKLAND ELECTRIC
0.90
0.90
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
49
915
1
PITTS AVENUE
ROCKLAND ELECTRIC
0.77
0.77
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
50
1003
6
300 W. CRESCENT
AVE.
BOROUGH OF
ALLENDALE
36.02
30.54
On ROSI.
51
1102
14
105 HILLSIDE AVE
BOARD OF
EDUCATION
10.45
7.01
Developed with a school building.
52
1104
1
280 HILLSIDE AVE
BOARD OF
EDUCATION NO REG H
S DIST
7.83
7.83
BOE owned property. Part of High
School Property.
53
1406
19
REAR BROOKSIDE
AVE
UNKNOWN
0.30
0.02
100 Year Floodway.
54
1503.01
5
611 W CRESCENT
AVE
MARTIN, BARBARA J
0.29
0.01
100 Year Floodway, Wetlands.
55
1603
1
100 BROOKSIDE
AVE.
BOARD OF
EDUCATION
6.68
6.43
Developed with a school building.
56
1603
2
CRESCENT AVE
BOROUGH OF
ALLENDALE
11.39
2.75
On ROSI.
57
1604
15.01
500 W CRESCENT
AVE
BOROUGH OF
ALLENDALE
2.82
2.82
Contains administrative building.
58
1704
1
PARK AVE
BOROUGH OF
ALLENDALE
1.07
1.07
Not Developable. On ROSI list.
59
1705
9.02
140 MALLISON ST.
SZYMCZAK, MARK &
SABRINA
0.59
0.42
Existing single family home
60
1712
1
DE MERCURIO DR
ROCKLAND ELECTRIC
0.07
0.07
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
61
1712
2
REAR DE
MERCURIO DR
ROCKLAND ELECTRIC
0.04
0.04
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
62
1712
3
REAR ORCHARD
ST
ROCKLAND ELECTRIC
0.36
0.36
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
63
1712
4
W ORCHARD ST
ROCKLAND ELECTRIC
0.90
0.87
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
64
1906
17
NO FRONTAGE
PASSAIC RIVER
COALITION
12.32
0.54
Wetlands. ROSI.
65
1906
18
NO FRONTAGE
BOROUGH OF
ALLENDALE
1.36
0.00
Wetlands.
66
2001
1
165A CHESTNUT
ST
BOROUGH OF
ALLENDALE
0.19
0.19
Lot size is too small.
67
2003
19
CHESTNUT ST
ROCKLAND ELECTRIC
1.31
1.31
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
68
2003
20
CHESTNUT ST
SQUIRES, FRANCIS H
0.33
0.33
Lot size is too small.
69
2003
21
CHESTNUT ST
WILKING, HP
0.11
0.02
Lot size is too small.
70
2004
10
NO FRNOTAGE
DAVIES, RICHARD J. &
MARY K.
0.24
0.24
Lot size is too small.
71
2008
11
ELMWOOD AVE
GUARNACCIA,
MICHAEL E & REGINA
P.
0.28
0.28
Lot size is too small.
Page 3 of 3
ID
BLOCK
LOT
Location
Owner
Area
(Acres)
Unconstrained
Acres
Comments
72
2101
9
<Null>
<Null>
11.04
5.92
HOA common space.
73
2103
1
CHESTNUT ST
SQUIRES, FRANCIS M
0.10
0.10
Lot size is too small.
74
2103
2
CHESNUT ST
ROCKLAND ELECTRIC
0.02
0.02
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
75
2103
3
CHESTNUT ST
ROCKLAND ELECTRIC
CO
1.06
1.05
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
76
2103
4
CHESTNUT ST
ROCKLAND ELECTRIC
1.93
1.73
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
77
2103
32
WEST ORCHARD
ROCKLAND ELECTRIC
0.14
0.00
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
78
2103
33
REAR WEST
ORCHARD ST
ROCKLAND ELECTRIC
0.01
0.00
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
79
2103
34
WEST ORCHARD
ST
ROCKLAND ELECTRIC
0.02
0.01
Undevelopable. Electric transmission
lines. Narrow Lot Configuration.
80
2204
15
NEW STREET
UNKNOWN
0.02
0.01
Lot size is too small.
81
2206
6
PARK AVE
BOROUGH OF
ALLENDALE
0.01
0.01
100 Year Floodway.
82
2206
11
W CRESCENT AVE
BOROUGH OF
ALLENDALE
0.10
0.02
100 Year Floodway, Wetlands, Steep
Slopes.
~ 51 ~
Appendix
6. Third Round Settlement Agreement
ELIZABETH C. McKENZIE,, P.P.,, P.A.
COMMUNITY PLANNING AND DEV ELOPMENT
9 MAIN STREET
FLEMINGTON, NEW JERSEY 08822
TELEPHONE (908) 782-5564
TELEFAX (908) 782-4056
ecmcke@gmail.com
November 16, 2017
The Honorable Menelaos Toskos , J . S . C.
New Jersey Superior Court, Law Division
Bergen County Justice Center
10 Main Street , 4th Floor
Hackensack, New Jersey
07601
Re :
In the Matter of the Application of the Borough of
Allendale , Docket No. BER-L-6162-15
Dear Judge Toskos:
The purpose of this letter is to provide the Court with a review
and recommendations regarding the settlement reached between the
plaintiff Borough of Allendale ( "Allendale " or " Borough" ) and
interested party Fair Share Housing Center ("FSHC" ) in the above-
captioned matter as to the extent of Allendale ' s third round low
and moderate income housing fair share obligation and how the
Borough proposes to address that obligation .
This litigation has
no intervening parties .
Although FSHC has been an interested party in this case, and not
an intervenor , the Settlement Agreement includes a provision (at
paragraph 20) granting FSHC status henceforth as a defendant/
intervenor .
The parties agree to the entry of an Order declaring
FSHC to be an intervening party, but the absence of such Order is
not intended to impact the rights conferred by the Agreement .
The Settlement Agreement fully describes not only the agreed- upon
affordable housing fair share obligation for Allendale, but also,
in paragraphs 5- 8 , how such obligation will be addressed in the
fully developed, adopted and implemented Housing Element and Fair
Share Plan that is required to be prepared as a condition of the
Settlement Agreement .
I am unaware of the filing of any written objection(s) to the
settlement.
ELIZABETH C. MCKENZIE., P.P . ., P.A.
The Honorable Menelaos Toskos , J . S . C.
New Jersey Superior Court, Law Division , Bergen County
November 16, 2017
Page Two of Fourteen
This letter reviews the salient points of the Settlement
Agreement reached between Allendale and FSHC and addresses the
question of whether the outline of Allendale ' s proposed Housing
Element and Fair Share Plan ("the Plan " ) , as described in
paragraphs 5- 8 of the executed Settlement Agreement is facially
compliant with the Fair Housing Act , the terms of the Settlement
Agreement , and applicable COAH and UHAC Rules.
It is my finding and recommendation to the Court that the
Settlement Agreement is indeed fair to the interests of the
region ' s low and moderate income households.
Moreover , it is my
opinion that the Borough ' s proposals for addressing its fair
share obligation (as that obligation has been negotiated between
the Borough and FSHC) will be able to satisfy Allendale ' s fair
share obligation in a constitutionally compliant manner .
Attached to this letter is a summary of the recommended
requirements for the preparation of the final Housing Element and
Fair Share Plan .
The adopted final Plan, and all of the adopted
implementing ordinances and resolutions that will accompany it,
will become the basis for an eventual final Compliance Hearing
and , it is hoped , the grant of a Judgment of Compliance and
Repose to Allendale extending through July 1, 2025 .
Terms of Settlement
FSHC and the Borough have agreed, for settlement purposes , that
Allendale ' s third round fair share obligation shall be 308 units
(covering both the " gap period" present need for new construction
and the prospective fair share obligation), with a rehabilitation
share of 21 units and a prior round obligation of 137 units .
The agreed- upon third round fair share obligation is based on a
report and calculations prepared by the expert for FSHC, David N.
Kinsey, PhD, PP, FAICP , in May of 2016, in which Allendale was
allocated a third round fair share obligation covering the entire
period from 1999 to 2025 of 513 units .
In an effort to settle
ELIZABETH C. MCKENZIE,. P.P.,, P.A.
The Honorable Menelaos Toskos, J . S . C.
New Jersey Superior Court , Law Division, Bergen County
November 16, 2017
Page Three of Fourteen
the litigation, however , and in recognition of Allendale ' s
consistent efforts to create additional affordable housing
opportunities throughout the " gap period'', including by expending
municipal funds to do so, the parties have agreed to a number
that is 40 percent less than the number Kinsey had calculated .
The 308 unit third round fair share obligation established by the
settlement provides an incentive for Allendale to move forward
with the planning and production of affordable housing instead of
continuing to litigate the extent of its fair share obligation.
Allendale has demonstrated its eligibility for a further
adjustment to its third round new construction obligation based
on insufficient vacant developable land and readily re-
developable sites to accommodate the entirety of the agreed-upon
308 unit third round obligation within the repose period.
A
vacant land adjustment does not reduce the fair share obligation ,
but it separates that obligation into the number of units that
can realistically be expected to be built within the repose
period (the Realistic Development Potential or "RDP" } and the
remainder , that portion of the obligation for which the Borough
will continue to be liable, but which is not expected to be
satisfied before July 1, 2025 (the Unmet Need) .
Allendale's Plan proposes to address a third round RDP of 54
units with 5 excess affordable units from the prior round
(presumably affordable family sales units} ; 14 affordable family
rental units approved and currently under construction on two
separate sites; 12 completed or proposed alternative living
arrangement units/bedrooms in three separate projects; 6
completed affordable family sales units ; 4 proposed affordable
family or age-restricted rental units on a site owned by
Allendale at 220 West Crescent Avenue; and 14 rental bonuses .
The balance of the 308 unit third round obligation , the 254 unit
Unmet Need, is proposed to be addressed through a combination of:
ELIZABETH C. McKENZIE,. P.P.,. P.A.
The Honorable Menelaos Toskos, J.S . C.
New Jersey Superior Court , Law Division, Bergen County
November 16 , 2017
Page Four of Fourteen
1.
Overlay zoning at densities of 10-12 units per acre on four
(4) sites totaling 42- 43 acres of land .
2 .
Adoption of a Borough-wide Mandatory Set Aside Ordinance.
The Mandatory Set-Aside Ordinance will require any site that
benefits from a rezoning, variance or redevelopment plan approved
by the Borough, that results in multi-family residential
development at a minimum density of six (6) dwelling units per
acre , to produce affordable housing at a set- aside rate of 20
percent for for -sale affordable units and at a set-aside rate of
15 percent for rental affordable units.
It is recommended that
the language of the MSAO provide that sites shall not be
permitted to be subdivided (into smaller developments) to avoid
compliance with its terms .
The adoption of the MSAO would not
give any developer the right to any such rezoning , variance ,
redevelopment designation or approval or other relief, nor would
it establish any obligation on the part of Allendale to grant
such rezoning , variance , redevelopment designation or approval or
other relief.
What it provides is a mechanism for the Borough to
capture affordable housing opportunities in the future , as
previously unanticipated redevelopment occurs.
3 .
Continued implementation of the Borough ' s Development Fee
Ordinance (although the Ordinance should be amended to reflect
the Court's and not COAH ' s jurisdiction).
4.
Potential surplus affordable units resulting from the
implementation of the Plan for satisfying the RDP .
The 137 unit prior round obligation has been fully satisfied with
44 units created elsewhere in t he housing region through the
transfer of funds via Regional Contribution Agreements with
Jersey City and the Borough of Ridgefield (during the time such
agreements were still valid); 16 affordable age restricted rental
units at Allendale Senior Housing; 12 affordable family sales
units; 22 supportive shared living (group home) bedrooms (out of
a total of 24) at Crescent Commons ; 10 supportive shared living
(group home) bedrooms at Orchard Commons; 3 units of permanent
ELIZABETH C . MCKENZIE,, P.P.,, P.A.
The Honorable Menelaos Toskos , J . S.C.
New Jersey Superior Court , Law Division , Bergen County
November 16, 2017
Page Five of Fourteen
supportive living rentals at Crescent Commons ; and 35 rental
bonuses.
The 21 unit rehabilitation share will be addressed through the
Borough ' s continuing participation in the Bergen County Home
Improvement Program in addition to the Borough ' s funding of a
rental rehabilitation program to be implemented by Bergen County
Community Development , an experienced administrator of affordable
housing programs , pursuant to an inter- local services agreement .
There are a number of important additional terms and conditions
that are included in the Settlement Agreement.
These will all be
discussed as part of the evaluation of the fairness of the
settlement.
The ensuing section of this letter briefly evaluates
the components of the Borough ' s preliminary Plan as described in
the Settlement Agreement.
Evaluation of Plan Components
Prior Round and Third Round Fair Share Obligations
Allendale ' s prior round (1987 - 1999) fair share obligation of 137
units has been fully satisfied in a constitutionally compliant
manner and consistent with COAH ' s prior round Rules.
The prior
round Plan focuses heavily , although certainly not exclusively ,
on age - restricted units and special needs bedrooms , which are
important components of the need for affordable housing , but do
not address the needs of families with children .
Fortunately,
the Borough ' s third round Plan contains more of a balance of
family units , notably family rental units , in addition to more
special needs units and , perhaps, a handful of additional age-
restricted units at 220 West Crescent Avenue.
The Plan for addressing the third round fair share obligation is
designed to satisfy all of the parameters set forth in the
Settlement Agreement as to the age- restricted cap , rental
obligation, family rental obligation, very low income and family
ELIZABETH C. MCKENZIE., P.P . ., P.A.
The Honorable Menelaos Toskos , J.S . C.
New Jersey Superior Court , Law Division , Bergen County
November 16, 2017
Page Six of Fourteen
very low income obligations and the required low/moderate/very
low income split.
Most of the sites being used to satisfy the RDP are either built ,
approved or under construction , with two exceptions, both of
which involve either development of municipally- owned land or a
funding agreement with an affordable housing provider.
The two
unbuilt sites appear to be suitable for their intended purpose -
they have access to public utilities and roadways; the
surrounding land uses are not incompatible; they are neither
historic sites nor preserved farms; there is no reason to believe
that they cannot be developed in compliance with acceptable
municipal standards and RSIS requirements (with provisions for de
minimis exceptions or the use of alternative parking standards
where appropriate); and, clearly, they are (or were) available
for such development .
As part of the final adopted Housing Element and Fair Share Plan ,
the Borough will need to provide , in an Appendix to the Plan , all
of the mapping and analysis supporting the vacant land adjustment
and RDP calculation .
It will also need to provide more detailed
documentation as to the bedroom and income distributions of the
affordable units in the projects that have already been built ,
along with the start dates/lengths of time covered by the
affordability controls for each unit and copies of the applicable
affordable housing agreements or deed restrictions for each
development .
Additionally, the final Plan will need to include a
brief confirmation of the suitability of any proposed but un-
built affordable housing site addressing the RDP and of any site
that is proposed to receive overlay zoning for inclusionary
residential development or re- development to address the Unmet
Need, based on the criteria that COAH had established in its
prior round Rules.
Finally, the Plan should include a discussion
of any sites that were proposed for inclusionary residential
development by their owners or contract purchasers and rejected
by the Borough .
In Allendale ' s case , I do not believe that there
were any, and, if so , a simple statement to that effect is
sufficient .
Based on the currently available information, and
ELIZABETH C. MCKENZIE_. P.P._. P.A.
The Honorable Menelaos Toskos , J . S.C.
New Jersey Superior Court , Law Division , Bergen Count y
November 16 , 2017
Page Seven of Fourteen
subject to the caveats set forth in this paragraph , i t is my
opinion that the Borough ' s Plan is solid and will fulfill the
terms of the Settlement Agr eement .
Rehabilitation Share Implementation
As previously indicated , the Borough proposes to address its
rehabilitation share through the Bergen County Home Improvement
Program supplemented with a rental rehabilitation program that
will be administered by Bergen County Community Development under
contract to Allendale.
This is an appropriate and valid
mechanism for meeting the rehabilitation share.
Documentation (in the form of a Rehabilitation Manual) will need
to be provided regarding the rental rehabilitation program to
ensure that it will be consistent with COAH ' s third round rules
for rehabilitation (which were upheld by the Courts even though
most other aspects of COAH ' s third round rules were not) , to wit:
requiring 10 year affordability controls ; involving at least one
major system; and involving an avera ge expenditure on hard costs
per unit of at least $10 , 000 .
Additionally , the proposed means
of advertising the program must be identifi ed .
The Spending Plan will also need to include assurances as to the
program ' s ability to be adequately funded , and a Resolution of
Intent to Fund Shortfall must also be adopted .
Based on the
information pr esented to dat e , however , the approach to meeting
the rehabilitation share that is outlined in the Settlement
Agreement is satisfactory.
Evaluation of Fairness of Settlement
The various components of the Allendal e settlement are evaluated
here in light of the criteria set forth in East/West Venture v .
Borough of Fort Lee , 286 N. J . Super 311, 328 (App . Div . 1996) for
approving a settlement of Mount Laurel litigation.
East/West was addressing a settlement between a municipality and
a bui l der/pl aintiff.
We have a different situation in this case.
ELIZABETH C. McKENZIE., P.P . ., P.A.
The Honorable Menelaos Toskos , J . S . C.
New Jersey Superior Court , Law Division , Bergen County
November 16, 2017
Page Eight of Fourteen
The municipality is the plaintiff and FSHC has been an interested
party (granted status as an intervenor in the Settlement
Agreement) advocating on behalf of low and moderate income
households .
Despite the differing roles of the participants in
this case as compared to a traditional builder ' s remedy lawsuit ,
the overarching concern of the Court in East/West is applicable
to any settlement of a case involving a municipality's
constitutional obligation to create a realistic opportunity for
the construction of its fair share of affordable housing , and
that is whether or not the "the settlement adequately protects
the interests of the lower- income persons on whose behalf the
affordable units proposed by the settlement are to be built".
In East/West, the determination of whether or not that standard
was being met was based upon a five-part analysis, which is
applied here to the Allendale settlement :
1.
Consideration 0£ the number 0£ a££ordab1e units being
constructed.
The Settlement Agreement contemplates a 308
unit third round (1999-2025) new construction fair share
obligation, including both the prospective (2015-2025) third
round fair share obligation and the new construction
obligation associated with an expanded calculation of the
present need (1999- 2015) .
The Plan proposes to address this
obligation through a balanced variety of mechanisms ,
previously outlined in this letter , that will fulfill the
entire RDP and appropriately address the Unmet Need .
A comparison of the third round obligation agreed to as part
of the settlement (308 units) to the most recent sets of
calculations for Allendale proposed by other experts in the
field is useful in evaluating the fairness of the settlement
number.
An April , 2017 , Econsult report had assigned Allendale a
rehabilitation share of 14 units as well as a third round
fair share obligation of 180 units, consisting of both the
ELIZABETH C. MCKENZIE., P.P . ., P.A.
The Honorable Menelaos Toskos , J . S . C.
New Jersey Superior Court , Law Division , Bergen County
November 16, 2017
Page Nine of Fourteen
present need (1999-2015) new construction obligation and the
prospective need (2015-2025).
In July of 2016 , Richard Reading, the Court- appointed
Regional Special Master in several vicinages , had also
calculated Allendale's rehabilitation share to be 14 units .
Reading ' s prospective (2015- 2025) third round fair share
allocation for Allendale was 249 units , about 80 percent of
the settlement number .
The Reading allocation , however , did
not include any new construction obligation for the " gap
period" (1999-2015) , now required by the Supreme Court to be
included in the determination of the third round obligation .
In light of the disparity in the fair share numbers
generated by various experts and the ongoing uncertainty as
to the determination of municipal third round fair share
obligations in Bergen County, Allendale ' s agreement with
FSHC to settle now on a number that is 60 percent of that
proffered by FSHC ' s expert in May of 2016 , but still higher
than the last Reading number and significantly higher than
the most recent number projected by Econsult , is clearly
fair to the region ' s low and moderate income households in
the current context , and will result in a substantial
contribution to the region ' s stock of low and moderate
income housing.
2.
The methodo1ogy by which the number 0£ a££ordab1e units
provided is derived .
The rehabilitation share was
calculated by the expert for FSHC, Dr . Kinsey, based on
surrogate data derived from the U.S. Census , in a manner
similar to , although not exactly the same as , the approach
used in COAH ' s prior round Rules .
The methodology used by Dr. Kinsey to calculate municipal
third round fair share obligations was designed to follow,
quite literally, the methodology used by COAH in 1994 to
determine cumulative 1987-1999 prior round fair share
obligations.
ELIZABETH C. MCKENZIE,. P.P.,. P.A.
The Honorable Menelaos Toskos , J . S.C.
New Jersey Superior Court, Law Division , Bergen County
November 16 , 2017
Page Ten of Fourteen
In April , 2017 , Dr. Kinsey had modified his earlier
calculations to separate out the calculation of the
prospective need (2015-2025) from the calculation of the new
construction obligation for the "gap period'' (1999-2015), in
response to the Supreme Court ' s directive .
As a result, his
calculation of the total 1999-2025 fair share obligation for
Allendale went up from the 513 units cited in his May , 2016 ,
report (the basis for the number agreed upon in the
Settlement Agreement} to 642 units .
While this
recalculation has no effect at all on the terms of the
settlement , it is noteworthy as an indication of the
continuing uncertainty surrounding municipal third round
fair share obligations that exists more than two and a half
years after the Supreme Court ' s decision, In re N. J . A. C.
5:96 and 5:97 , 221 N.J. 1 (2015).
While Kinsey's decisions with respect to the data sources
relied upon , factors considered and assumptions made in the
process of updating COAH ' s prior round methodology can
certainly be (and have been) debated , there is no question
that the methodology used by Kinsey finds its roots in a
methodology that has been upheld by the Courts.
3.
Other contributions by the p1ainti££.
The terms of the
Settlement Agreement include the following :
a)
Agreement that at least half of all affordable housing
units shall be available to family households .
(paragraph
10 . d . )
b)
Agreement that the Borough will require at least 13
percent of all of the affordable housing units in its Plan ,
excluding those already constructed or granted preliminary
or final approval as of July 1 , 2008, to be affordable to
very low income households earning 30 percent or less of the
regional median household income by household size and that
at least half of these units will be available to families.
(paragraph 9)
ELIZABETH C. McKENZIE,. P.P.,. P.A.
The Honorable Menelaos Toskos , J.S . C.
New Jersey Superior Court , Law Division , Bergen County
November 16, 2017
Page Eleven of Fourteen
c)
Agreement that at least 25 percent of the obligation
shall be met with rental units , of which at least 50 percent
shall be available to families .
(paragraph 10.c. )
d)
Agreement that no more than 25 percent of affordable
units used to fulfill the cumulative prior round and third
round fair share obligations (this would include both the
RDP and the Unmet Need) shall be age-restricted .
(paragraph
10 . e . )
e)
Agreement that rental bonuses shall be applied in
accordance with N.J.A . C. 5 : 93.
(paragraph 10 . a.)
f)
Agreement that at least 50 percent of all affordable
units in each inclusionary site shall be affordable to low
and very low income households with the remainder affordable
to moderate income households.
(paragraph 10 . b.)
g)
Agreement to abide by the affirmative marketing and
affordability regulations set forth at N. J.A . C. 5:80-26 . 1 ,
et seq.
(UHAC) except that in lieu of the requirement at
N.J.A . C. 5 : 80-26.3(d) for 10 percent of all low and moderate
income rental units to be affordable to households earning
35 percent or less of median income , the requirement shall
be that 13% of all low and moderate income rental units
shall be affordable to households earning 30 percent or less
of median income.
(paragraph 12)
h)
Agreement to add to the Affirmative Marketing Plan the
following regional and community organizations that will
also receive notice of the availability of affordable
housing units in Allendale :
Fair Share Housing Center , the
New Jersey State Conference of the NAACP , the Latino Action
Network, the Bergen County NAACP , the Bergen County Urban
League , and the Bergen County Housing Coalition.
(paragraph
11)
ELIZABETH C. MCKENZIE,. P.P.,. P.A.
The Honorable Menelaos Toskos , J.S.C.
New Jersey Superior Court , Law Division , Bergen County
November 16, 2017
Page Twelve of Fourteen
i)
Agreement that all new construction units will be
adaptable in conformance with P.L.2005,c . 350/N . J . S .A.
52 : 27D- 311(a) and 311(b) and other applicable law .
(paragraph 13)
j)
Agreement that the Borough will pay a sum of $4 , 000.00
to Fair Share Housing Center within 30 days of the Court ' s
entry of an Order approving the fairness of the settlement.
(paragraph 1 7}
4 .
Other coq,onents 0£ the settlement that contribute to the
satisfaction 0£ the constitutional obligation .
Allendale ' s
Plan exceeds its 25 percent minimum rental obligation .
Rental affordable units tend to be more accessible to very
low , low and moderate income households than for sale units ,
as it is often difficult for such households to qualify for
mortgages.
Allendale also proposes to satisfy both its very
low income and very low income family obligations.
5.
Other factors that may be relevant to the fairness 0£ the
settlement .
The Settlement Agreement provides that , in the
event that there is an administrative or legislative or
judicial determination of municipal third round fair share
obligations that woul d directly apply within the Bergen
County vicinage , which determination is memorialized in an
unappealable final judgment , and if that determination would
reduce Allendale ' s fair share obligation for the period from
1999- 2025 by more than 20 percent of the 1999-2025 new
construction number on which it has settled with FSHC) ,
Allendale may seek to amend the Judgment to reduce its fair
share number , provided that it shall retain the zoning of
all of the inclusionary sites in its Court-approved Plan ,
take all steps necessary to support the development of the
100 percent affordable projects in its Court- approved Plan ,
and implement all other affordable housing programs and
initiatives in its Court- approved Plan , but may carry over
any extra units and credits earned to a future round .
This
provision ensures that Allendale will not be disadvantaged
ELIZABETH C. MCKENZIE., P.P . ., P.A.
The Honorable Menelaos Toskos , J . S . C.
New Jersey Superior Court , Law Division , Bergen County
November 16, 2017
Page Thirteen of Fourteen
in the future for having settled its case and that
prospective developers and prospective occupants of
inclusionary residential developments will not be
disadvantaged by the removal of the affordable housing
programs and projects that have been approved by the Court.
The Settlement Agreement also includes " look-back"
provisions every three (3) years with respect to the
provision of very low income (and family very low income)
housing and at the midway point (or , in this case , by July
1, 2020) with respect to the realistic opportunity afforded
by any un- built sites in the Plan .
It also includes annual
reporting requirements on affordable housing progress and on
affordable housing trust fund activity and the Borough ' s
implementation of its Spending Plan , once that document has
been prepared and approved by the Court .
Reporting requirements will include posting on the municipal
website , with copies provided to Fair Share Housing Center ,
and, with respect to the affordable housing trust
fund/Spending Plan activity, also to COAH , Local Government
Services or other agency designated by the State of New
Jersey .
These reporting requirements will ensure that the
public is continuously informed of Allendale ' s progress in
implementing its Plan , so that an aggrieved party can file a
complaint with the Court, if necessary, but will also ensure
that the Court does not have to be involved in the ongoing
monitoring and evaluation of Allendale ' s affordable housing
compliance .
In conclusion , the Court is being asked to make a determination
as to the fairness of the settlement reached between Allendale
and FSHC based on whether the interests of the region ' s low and
moderate income households will be served if the Settlement
Agreement is approved and implemented.
This 1etter recommends the Court's approva1 0£ the £airness 0£
the sett1ement on the grounds that the interests of low and
ELIZABETH C. MCKENZIE., P.P . ., P.A.
The Honorable Menelaos Toskos, J.S . C.
New Jersey Superior Court, Law Division , Bergen County
November 16, 2017
Page Fourteen of Fourteen
moderate income households will be advanced by its terms.
This
letter also recommends the Court ' s preliminary approval of the
Borough~s Plan, conditioned on the preparation and adoption of a
final third round Housing Element and Fair Share Plan that is
fully consistent with all of the terms of the Settlement
Agreement; that includes all necessary crediting documentation as
to existing affordable units (as previously noted) ; that includes
the requisite confirmation of site suitability for the proposed
new inclusionary and 100 percent affordable sites, including
those addressing the Unmet Need; and that provides details of the
Borough ' s rehabilitation program.
Additionally , the Borough will
be required to prepare and adopt a new Spending Plan and to
prepare, introduce and adopt all of the ordinances and
resolutions needed to ensure implementation of the final Plan as
envisioned by the terms of the settlement, all within 120 days of
the Court ' s approval of the fairness of the settlement.
Attached to this letter is a summary of the documents and
supplementary materials that are recommended to be required prior
to the grant of a final Judgment of Compliance and Repose.
I hope that this letter is helpful to the Court and to the
parties .
Enclosure
cc :
Raymond R. Wiss, Esquire
Kevin D. Walsh , Esquire
Joshua D. Bauers, Esquire
Adam M. Gordon , Esquire
Mary Beth Lonergan , PP , AICP
McKenzie ,
ELIZABETH C. MCKENZIE., P.P . ., P.A.
RECOMMENDED REQUIREMENTS FOR
FINAL AFFORDABLE HOUSING COMPLIANCE PLAN
Borough of Allendale , Bergen County
November 16 , 2017
The Settlement Agreement includes a s ummary of the crediting
allocations and proposals for meeting the Borough ' s affordable
housing fair share obligations that will be included in
Allendale ' s final adopted Housing Element and Fair Share Plan .
The Housing Element and Fair Share Plan will need to be prepared
reflecting all of the terms of the Settlement Agreement and in
full compliance with the statutory requirements for such
documents .
Once the amended Housing Element and Fair Share Plan has been
prepared , it must be reviewed by FSHC and the Special Master for
compliance with the terms of the executed Settlement Agreement ,
the Fair Housing Act and applicable UHAC regulations , and then
adopted.
1.
The Housing Element will need to include , in an Appendix ,
all of the background data and mapping for the vacant land
analysis and RDP calculation .
As well , it will need to include
confirmation of the suitability of each un-built affordable
housing or inclusionary residential site addressing the RDP and
the Unmet Need , as well as consideration of any site that was
proposed for inclusionary residential development but that was
not included in the Plan (and the reasons therefor , if
applicable) .
An analysis of how the Housing Element and Fair Share Plan
complies or will comply with all of the terms of the executed
Settlement Agreement must be included.
This is particularly
important with respect to the documentation of the income and
bedroom distributions and continued creditworthiness of all of
the existing affordable units in the Plan , including the start
dates and lengths of the affordability controls applicable to
these units , as well as copies of the Affordable Housing
Agreement and/or deed restriction for each development .
2.
The Fair Share Plan must include all of the adopted
ordinances and resolutions needed to implement the Plan ,
including all as-of-right and overlay zoning amendments ; an
ELIZABETH C . McKENZIE,. P.P.,. P.A.
updated and amended Affordable Housing Ordinance reflecting all
of the provisions of the Settlement Agreement; an amended
Development Fee Ordinance reflecting the Court ' s (and not COAH ' s)
jurisdiction; an Affirmative Marketing Plan resolution with an
amended Affirmative Marketing Plan attached to it that
specifically reflects the affirmative marketing provisions of the
Settlement Agreement ; the documentation described in the body of
the lett er to which this l i st is attached regarding the Borough ' s
rental Rehabilitation Program; an updated and amended Spending
Plan indicating how the Borough intends to allocate funds and
detailing with specificity how it proposes to expend funds for
affordabil ity assi stance , especially funds earmarked for very low
income affordability assistance ; a resolution of intent to fund
any shortfal l in the costs of any municipally sponsored
affordable housing programs ; the resolution and/or contract
appointing the Administrative Agent(s) ; the ordinance creating
the position of , and resolution appointing , the Municipal
Affordable Housing Liaison; a resolution f r om the Planning Board
adopting the Housing Element and Fair Share Plan , and, if a Final
Judgment is sought before all of the implementing ordinances and
resolutions can be adopted , a resolution of the governing body
endorsing the Housing Element and Fair Share Plan .
3 .
In accordance with N. J .A. C. 5 : 93- 5.5 , the Borough is
required to provide evidence that there is adequate and stable
funding for any 100 percent affordable housing developments in
its Plan .
The Borough is required to provide a proforma of
total development costs and anticipated sources of funds
available to the municipality and/or project sponsor , including
from any still pending funding applications .
In cases where an
application for outside funding is still pending , the
municipality must provide a stable alternative source of funds ,
such as municipal bonding , in the event that the funding
application is not approved .
The Borough must also provide , for
each 100 percent affordable housing development in its Plan , a
construction or implementation schedule , or timetable , for each
step in the development process :
preparation of the site plan;
obtaining required municipal approvals and State and Federal
permits ; selection of the contractor ; and start of construction .
The schedule must provide for construction to begin within two
years of the Court ' s entry of the final Judgment approving the
Borough ' s Plan .
The municipality must also name the entity
responsible for undertaking and monitoring the construction and
overall development activity.
ELIZABETH C. MCKENZIE., P.P . ., P.A.
These requirements apply to the affordable housing development
proposed for the 220 West Crescent Avenue site .
For the new
Eastern Christian Children ' s Retreat (ECCR) group home , the
Borough will be required to provide a copy of the deed
restricti on and agreement with ECCR .
4 .
The Settlement Agreement provides that the Borough will have
a period of 120 days in which to comply with all of these
requirements .
Upon the Borough ' s timely compliance with the
foregoing , and subject to a favorable review and recommendation
as to the final submission by FSHC and the Special Master , and
its approval by the Court , I am confident that Allendale will be
entitled to receive the final Judgment of Compliance and Repose
through July 1 , 2025 , that it seeks .
~ 52 ~
Appendix
7. Existing Affordable Housing Mandatory Set-Aside
Ordinance
§ 230-139. Affordable housing set-aside requirements. [Added 12-9-2020 by Ord. No. 1835]
A. Purpose. This section is intended to ensure that any site or development that benefits from a
subdivision or site plan approval, rezoning, use variance, redevelopment plan or
rehabilitation plan approved by the Municipality or a Borough land use board that results in
five or more new multifamily or single-family attached dwelling units produces affordable
housing at a set-aside rate of 20% for affordable for-sale and 15% if rental affordable units
are created. This section shall apply except where inconsistent with applicable law or Court
order.
B.
Mandatory set-aside requirement.
(1) Any multifamily or single-family attached residential development, including the
residential portion of a mixed-use project, that is approved and contains five or more
new dwelling units as a result of a subdivision or site plan approval, rezoning, use
variance, redevelopment plan or rehabilitation plan approved by the Municipality or a
Borough land use board shall be required to set aside a minimum percentage of units for
affordable housing.
(2) For inclusionary projects for sale, or offered for rent, the minimum set-aside percentage
shall be 20% percent for affordable ownership unit, 15% if affordable rental units are
created. Where the set-aside percentage results in a fractional unit, the total set-aside
requirement shall be rounded upwards to the next whole number, regardless of the
fractional amount.
(3) Nothing in this section precludes the Municipality or a Borough land use board from
imposing an affordable housing set-aside in a development not required to have a set-
aside pursuant to this section consistent with N.J.S.A. 52:27D-311(h) and other
applicable law.
(4) This requirement does not create any entitlement for a property owner or applicant for
subdivision or site plan approval, a zoning amendment, use variance, or adoption of a
redevelopment plan or rehabilitation plan in areas in need of redevelopment or
rehabilitation, or for approval of any particular proposed project.
(5) This requirement does not apply to any sites or specific zones for which higher set-aside
standards have been or will be established, either by zoning, subdivision or site plan
approval, or an adopted redevelopment plan or rehabilitation plan.
(6) If the Municipality's Settlement Agreement with Fair Share Housing Center ("FSHC")
dated September 25, 2019, or the Municipality's 2019 Housing Element and Fair Share
Plan establishes set-aside standards for any specific sites or zones which are different
from the set-aside standards set forth in this section, the set-asides established for those
sites or zones in the Settlement Agreement or Housing Element and Fair Share Plan
shall govern.
(7) Furthermore, this requirement shall not apply to residential expansions, additions,
renovations, replacement, or any other type of residential development that does not
result in a net increase in the number of dwellings of five or more.
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(8) Where a developer demolishes existing dwelling units and builds new dwelling units on
the same site, the provisions of this section shall apply only if the net increase in the
number of dwelling units is five or greater.
(9) All subdivision and site plan approvals of qualifying residential developments shall be
conditioned upon compliance with the provisions of this section.
(10) No subdivision shall be permitted or approved for the purpose of avoiding compliance
with the mandatory set-aside requirements set forth in this section. [Added 7-28-2021
by Ord. No. 1848]
(11) All affordable units to be produced pursuant to this section shall comply with the
Borough's Affordable Housing Ordinance at Article XXVI, § 230-127 et seq., of the
Zoning Ordinance of the Borough of Glen Rock and the Uniform Housing Affordability
Controls (N.J.A.C. 5:80-26.1 et seq.), as may be amended from time to time, and any
applicable Order of the Court, including a Judgment of Compliance and Repose Order.
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Appendix
8. Existing/Adopted Chapter 270-Affordable Housing of
Borough Code
ARTICLE XXVI
Affordable Housing
[Added 12-13-2006 by Ord. No. 1541; amended 12-13-2006 by Ord. No. 1542; 12-9-2020 by
Ord. No. 1836]
§ 230-127. Purpose.
§ 230-128. Definitions.
The following terms when used in this article shall have the meanings given in this section:
ACT — The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).
ADAPTABLE — A dwelling unit constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
ADMINISTRATIVE AGENT — The entity designated by the Borough to administer affordable
units in accordance with this article, N.J.A.C. 5:93,
1 and UHAC (N.J.A.C. 5:80-26).
AFFIRMATIVE MARKETING — A regional marketing strategy designed to attract buyers and/
or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
AFFORDABILITY AVERAGE — The average percentage of median income at which new
restricted units in an affordable housing development are affordable to low- and moderate-income
households.
AFFORDABLE — A sales price or rent level that is within the means of a very-low-, low- or
moderate-income household as defined within N.J.A.C. 5:93-7.4, and, in the case of an ownership
unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6,
A. This article is intended to assure that very-low-, low- and moderate-income units (affordable
housing units) are created with controls on affordability and that only very-low-, low- and
moderate-income households shall occupy these units. This article shall apply except where
inconsistent with applicable state law.
B.
The Borough of Glen Rock's Planning Board has adopted a Housing Plan Element and Fair
Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. The Fair
Share Plan has been adopted by the Planning Board and endorsed by the Governing Body.
The Fair Share Plan describes how the Borough of Glen Rock shall address its fair share for
very-low-, low- and moderate-income housing as documented in the Housing Element and
outlined in the terms of the settlement agreement between the Borough of Glen Rock and
Fair Share Housing Center (FSHC).
C.
This article implements the Borough's Fair Share Plan and addresses the requirements of the
Court and the terms of the Settlement Agreement.
D. The Borough of Glen Rock shall track the status of the implementation of the Housing
Element and Fair Share Plan. Any plan evaluation report of the Housing Element and Fair
Share Plan shall be available to the public at the Borough's Municipal Building.
1.
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-016-2016.
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as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit
conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.
AFFORDABLE HOUSING DEVELOPMENT — A development included in or approved
pursuant to the Housing Element and Fair Share Plan or otherwise intended to address the
Borough's fair share obligation, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable housing development.
AFFORDABLE HOUSING PROGRAM(S) — Any mechanism in a municipal Fair Share Plan
prepared or implemented to address a Borough's fair share obligation.
AFFORDABLE UNIT — A housing unit proposed or created pursuant to the Act, credited
pursuant to applicable COAH regulations, the FSHC Settlement Agreement, or an order of the
Superior Court.
AGE-RESTRICTED UNIT — A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population where the head of household is a
minimum age of either 62 years, or 55 years and meets the provisions of the 42 U.S.C. § 3601 et
seq., except that, due to death, a remaining spouse of less than 55 years of age shall be permitted
to continue to reside.
AGENCY — The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983,
c. 530 (N.J.S.A. 55:14K-1 et seq.).
ALTERNATIVE LIVING ARRANGEMENT — A structure in which households live in distinct
bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative
living arrangements include, but are not limited to: transitional facilities for the homeless; Class A,
B, C, D and E boarding homes as regulated by the State of New Jersey Department of Community
Affairs; residential health care facilities as regulated by the New Jersey Department of Health;
group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the
New Jersey Department of Human Services; and congregate living arrangements.
ASSISTED LIVING RESIDENCE — A facility that is licensed by the New Jersey Department
of Health and Senior Services to provide apartment-style housing and congregate dining and to
assure that assisted living services are available when needed for four or more adult persons
unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room,
a private bathroom, a kitchenette and a lockable door on the unit entrance.
CERTIFIED HOUSEHOLD — A household that has been certified by an administrative agent as
a very-low-income household, low-income household or moderate-income household.
COAH — The New Jersey Council on Affordable Housing and/or its successors and assigned
pursuant to applicable laws.
DCA — The State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT — A housing unit with health and safety code violations that
requires the repair or replacement of a major system. A "major system" includes weatherization,
roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic
systems), lead paint abatement and/or load-bearing structural systems.
DEVELOPER — Any person, partnership, association, company or corporation that is the legal
or beneficial owner or owners of a lot or any land included in a proposed development including
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the holder of an option to contract to purchase, or other person having an enforceable proprietary
interest in such land.
DEVELOPMENT — The division of a parcel of land into two or more parcels, the construction,
reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change
in the use of any building or other structure, or of any mining, excavation or landfill, and any use
or change in the use of any building or other structure, or land or extension of use of land, for
which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.
INCLUSIONARY DEVELOPMENT — A development containing both affordable units and
market rate units. This term includes, but is not limited to: new construction, the conversion of a
nonresidential structure to residential use and the creation of new affordable units through the gut
rehabilitation or reconstruction of a vacant residential structure.
LOW-INCOME HOUSEHOLD — A household with a total gross annual household income equal
to 50% or less of the median household income.
LOW-INCOME UNIT — A restricted unit that is affordable to a low-income household.
MAJOR SYSTEM — The primary structural, mechanical, plumbing, electrical, fire protection, or
occupant service components of a building which include but are not limited to, weatherization,
roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic
systems), lead paint abatement and load-bearing structural systems.
MARKET-RATE UNITS — Housing not restricted to very-low-, low-, or moderate-income
households that may sell or rent at any price.
MEDIAN-INCOME — The median income by household size for the applicable housing region,
as updated annually by COAH or through a court-approved process.
MODERATE-INCOME HOUSEHOLD — A household with a total gross annual household
income in excess of 50% but less than 80% of the median household income.
MODERATE-INCOME UNIT — A restricted unit that is affordable to a moderate-income
household.
MULTIFAMILY UNIT — A structure containing five or more dwelling units.
MUNICIPAL HOUSING LIAISON — The employee charged by the governing body with the
responsibility for oversight and administration of the affordable housing program for the Borough
of Glen Rock.
NON-EXEMPT SALE — Any sale or transfer of ownership other than the transfer of ownership
between husband and wife; the transfer of ownership between former spouses ordered as a result
of a judicial decree of divorce or judicial separation, but not including sales to third parties; the
transfer of ownership between family members as a result of inheritance; the transfer of ownership
through an executor's deed to a class A beneficiary and the transfer of ownership by court order.
RANDOM SELECTION PROCESS — A process by which currently income-eligible households
are selected for placement in affordable housing units such that no preference is given to one
applicant over another except for purposes of matching household income and size with an
appropriately priced and sized affordable unit (e.g., by lottery).
REGIONAL ASSET LIMIT — The maximum housing value in each housing region affordable to
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a four-person household with an income at 80% of the regional median as defined by duly adopted
Regional Income Limits published annually by COAH, a successor entity, or established by the
Court.
REHABILITATION — The repair, renovation, alteration or reconstruction of any building or
structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
RENT — The gross monthly cost of a rental unit to the tenant, including the rent paid to the
landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances
published by DCA for its Section 8 program. In assisted living residences, "rent" does not include
charges for food and services.
RESTRICTED UNIT — A dwelling unit, whether a rental unit or an ownership unit, that is
subject to the affordability controls of N.J.A.C. 5:80-26.1, as amended and supplemented.
UHAC — The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26 et seq.
VERY-LOW-INCOME HOUSEHOLD — A household with a total gross annual household
income equal to 30% or less of the median household income for the applicable housing region.
VERY-LOW-INCOME UNIT — A restricted unit that is affordable to a very-low-income
household.
WEATHERIZATION — Building insulation (for attic, exterior walls and crawl space), siding to
improve energy efficiency, replacement storm windows, replacement storm doors, replacement
windows and replacement doors, and is considered a major system for purposes of a rehabilitation
program.
§ 230-129. Applicability.
§ 230-130. Alternative living arrangements.
A. The provisions of this article shall apply to all affordable housing developments and
affordable housing units that currently exist and that are proposed to be created within the
Borough of Glen Rock pursuant to the Borough's most recently adopted Housing Element
and Fair Share Plan.
B.
In addition, any property in the Borough of Glen Rock that is currently zoned for
nonresidential uses and that is subsequently rezoned for residential purposes or receives a
zoning change or a use variance to permit residential development, or receives a zoning
change or a density variance to permit higher density residential development, and provided
such residential development provides a sufficient compensatory benefit in terms of the
density of development permitted, shall provide an affordable housing set-aside as set forth
in § 230-139. The determination of a sufficient compensatory benefit shall be made by the
reviewing authority based upon prevailing legislation and/or case law.
C.
The following sections shall apply to all developments that contain affordable housing units,
as defined herein, including any currently unanticipated future developments that will
provide affordable housing units.
A. The administration of an alternative living arrangement shall be in compliance with N.J.A.C.
5:93-5.8
2 and UHAC, with the following exceptions:
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§ 230-131. Phasing schedule for inclusionary zoning.
In inclusionary developments the following schedule shall be followed:
Maximum Percentage of Market-Rate Units
Completed
Minimum Percentage of Very-Low-, Low-
and Moderate-Income Units Completed
25
0
25+1 unit
10
50
50
75
75
90
100
100
—
§ 230-132. New construction.
(1) Affirmative marketing (N.J.A.C. 5:80-26.15); provided, however, that the units or
bedrooms may be affirmatively marketed by the provider in accordance with an
alternative plan approved by the Court;
(2) Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).
B.
With the exception of units established with capital funding through a twenty-year operating
contract with the Department of Human Services, Division of Developmental Disabilities,
alternative living arrangements shall have at least thirty-year controls on affordability in
accordance with UHAC, unless an alternative commitment is approved by the Court.
C.
The service provider for the alternative living arrangement shall act as the administrative
agent for the purposes of administering the affirmative marketing and affordability
requirements for the alternative living arrangement.
A. Very-low, low and moderate split and bedroom distribution of affordable housing units:
(1) The fair share obligation shall be divided equally between low- and moderate-income
units, except that where there is an odd number of affordable housing units, the extra
unit shall be a low-income unit. At least 13% of all restricted rental units shall be very-
low-income units (affordable to a household earning 30% or less of median income).
The very-low-income units shall be counted as part of the required number of low-
income units within the development. At least 25% of the obligation shall be met
through rental units, including at least half in rental units available to families. A
maximum of 25% may be age restricted. At least half of the units in total shall be
available to families.
(2) In each affordable development, at least 50% of the restricted units within each bedroom
distribution shall be low-income units.
2.
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-016-2016.
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(3) Affordable developments that are not age-restricted shall be structured in conjunction
with realistic market demands such that:
(a) The combined number of efficiency and one-bedroom units shall be no greater than
20% of the total affordable units;
(b) At least 30% of all affordable units shall be two-bedroom units;
(c) At least 20% of all affordable units shall be three-bedroom units; and
(d) The remaining units may be allocated among two- and three-bedroom units at the
discretion of the developer.
(4) Affordable developments that are age-restricted shall be structured such that the number
of bedrooms shall equal the number of age-restricted very-low-, low- and moderate-
income units within the inclusionary development. This standard may be met by having
all one- bedroom units or by having a two-bedroom unit for each efficiency unit.
B.
Accessibility requirements:
(1) The first floor of all restricted townhouse dwelling units and all restricted units in all
other multistory buildings shall be subject to the technical design standards of the
Barrier Free SubCode, N.J.A.C. 5:23-7.
(2) All restricted townhouse dwelling units and all restricted units in other multistory
buildings in which a restricted dwelling unit is attached to at least one other dwelling
unit shall have the following features:
(a) An adaptable toilet and bathing facility on the first floor; and
(b) An adaptable kitchen on the first floor; and
(c) An interior accessible route of travel on the first floor; and
(d) An adaptable room that can be used as a bedroom, with a door or the casing for the
installation of a door, on the first floor; and
(e) If not all of the foregoing requirements in Subsection B(2)(a) through (d) can be
satisfied, then an interior accessible route of travel must be provided between
stories within an individual unit, but if all of the terms of Subsection B(2)(a)
through (d) above have been satisfied, then an interior accessible route of travel
shall not be required between stories within an individual unit; and
(f) An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a
et seq.) and the Barrier Free SubCode, N.J.A.C. 5:23-7, or evidence that Glen Rock
has collected funds from the developer sufficient to make 10% of the adaptable
entrances in the development accessible:
[1] Where a unit has been constructed with an adaptable entrance, upon the
request of a person with disabilities who is purchasing or will reside in the
dwelling unit, an accessible entrance shall be installed.
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[2] To this end, the builder of restricted units shall deposit funds within the
Borough of Glen Rock Affordable Housing Trust Fund sufficient to install
accessible entrances in 10% of the affordable units that have been constructed
with adaptable entrances.
[3] The funds deposited under Subsection B(2)(f)[2] above shall be used by the
Borough of Glen Rock for the sole purpose of making the adaptable entrance
of an affordable unit accessible when requested to do so by a person with a
disability who occupies or intends to occupy the unit and requires an
accessible entrance.
[4] The developer of the restricted units shall submit a design plan and cost
estimate to the Construction Official of the Borough of Glen Rock for the
conversion of adaptable to accessible entrances.
[5] Once the Construction Official has determined that the design plan to convert
the unit entrances from adaptable to accessible meet the requirements of the
Barrier Free SubCode, N.J.A.C. 5:23-7, and that the cost estimate of such
conversion is reasonable, payment shall be made to the Borough's Affordable
Housing Trust Fund in care of the Borough Chief Financial Officer who shall
ensure that the funds are deposited into the Affordable Housing Trust Fund
and appropriately earmarked.
(g) Full compliance with the foregoing provisions shall not be required where an entity
can demonstrate that it is impracticable to meet the requirements. Determinations
of site impracticability shall be in compliance with the Barrier Free SubCode,
N.J.A.C. 5:23-7.
C.
Design:
(1) In inclusionary developments, very-low-, low- and moderate-income units (also to be
called affordable units) shall be integrated with the market units to the extent possible.
(2) In inclusionary developments, affordable units shall have access to all of the same
common elements and facilities as the market units.
D. Maximum rents and sales prices:
(1) In establishing rents and sales prices of affordable housing units, the administrative
agent shall follow the procedures set forth in UHAC, utilizing the most recently
published regional weighted average of the uncapped Section 8 income limits published
by HUD.
(2) The maximum rent for restricted rental units within each affordable development shall
be affordable to households earning no more than 60% of median income, and the
average rent for restricted rental units shall be affordable to households earning no more
than 52% of median income.
(3) The developers and/or municipal sponsors of restricted rental units shall establish at
least one rent for each bedroom type for very-low-, low- and moderate-income units,
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provided that at least 13% of all affordable housing rental units shall be affordable to
very-low-income households, earning 30% or less of the regional median household
income.
(4) The maximum sales price of restricted ownership units within each affordable
development shall be affordable to households earning no more than 70% of median
income, and each affordable development must achieve an affordability average of 55%
for restricted ownership units; in achieving this affordability average, moderate-income
ownership units must be available for at least three different sales prices for each
bedroom type, and low-income ownership units must be available for at least two
different sales prices for each bedroom type.
(5) In determining the initial sales prices and rent levels for compliance with the
affordability average requirements for restricted units other than assisted living facilities
and age-restricted developments, the following standards shall be used:
(a) A studio shall be affordable to a one-person household;
(b) A one-bedroom unit shall be affordable to a one-and-one-half-person household;
(c) A two-bedroom unit shall be affordable to a three-person household;
(d) A three-bedroom unit shall be affordable to a four-and-one-half-person household;
and
(e) A four-bedroom unit shall be affordable to a six-person household.
(6) In determining the initial sales prices and rents for compliance with the affordability
average requirements for restricted units in assisted living facilities and age-restricted
developments, the following standards shall be used:
(a) A studio shall be affordable to a one-person household;
(b) A one-bedroom unit shall be affordable to a one-and-one-half-person household;
and
(c) A two-bedroom unit shall be affordable to a two-person household or to two one-
person households.
(7) The initial purchase price for all restricted ownership units shall be calculated so that
the monthly carrying cost of the unit, including principal and interest [based on a
mortgage loan equal to 95% of the purchase price and the Freddie Mac Thirty-Year
Fixed-Rate mortgage rate (formerly Federal Reserve H.15)], taxes, homeowner and
private mortgage insurance and condominium or homeowner association fees do not
exceed 28% of the eligible monthly income of the appropriate size household as
determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided,
however, that the price shall be subject to the affordability average requirement of
N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(8) The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of
the eligible monthly income of the appropriate size household, including an allowance
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for tenant paid utilities, as determined under N.J.A.C. 5:80-26.4, as may be amended
and supplemented; provided, however, that the rent shall be subject to the affordability
average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(9) Income limits for all units that are part of the Borough's Housing Element and Fair Share
Plan, and for which income limits are not already established through a federal program
exempted from the UHAC pursuant to N.J.A.C. 5:80-26.1, shall be updated by the
Borough annually within 60 days of the publication of determinations of median income
by HUD as follows:
(a) Regional income limits shall be established for Region 1 based on the median
income by household size, which shall be established by a regional weighted
average of the uncapped Section 8 income limits published by HUD. To compute
this regional income limit, the HUD determination of median county income for a
family of four is multiplied by the estimated households within the county
according to the most recent decennial Census. The resulting product for each
county within the housing region is summed. The sum is divided by the estimated
total households from the most recent decennial Census in the Borough's housing
region. This quotient represents the regional weighted average of median income
for a household of four. The income limit for a moderate-income unit for a
household of four shall be 80% of the regional weighted average median income
for a family of four. The income limit for a low-income unit for a household of
four shall be 50% of the HUD determination of the regional weighted average
median income for a family of four. The income limit for a very-low-income unit
for a household of four shall be 30% of the regional weighted average median
income for a family of four. These income limits shall be adjusted by household
size based on multipliers used by HUD to adjust median income by household size.
In no event shall the income limits be less than those for the previous year.
(10) The income limits are the result of applying the percentages set forth in Subsection
D(9)(a) above to HUD's determination of median income for the current Fiscal Year and
shall be utilized by the Borough until the Borough updates the income limits after HUD
has published revised determinations of median income for the next fiscal year.
(11) The Regional Asset Limit used in determining an applicant's eligibility for affordable
housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Borough
annually by taking the percentage increase of the income limits calculated pursuant to
Subsection D(9)(a) above over the previous year's income limits and applying the same
percentage increase to the Regional Asset Limit from the prior year. In no event shall
the Regional Asset Limit be less than that for the previous year.
E.
Affordable housing set-asides.
(1) Refer to § 230-139.
(2) No development that has an affordable housing set-aside obligation may fulfill that
obligation by utilizing the Borough's Market-to-Affordable or Accessory Apartment
Program unless otherwise provided by ordinance, redevelopment or development
agreement.
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§ 230-133. Minimum floor area requirements for very-low-, low- and moderate-income
housing units.
§ 230-134. Utilities.
§ 230-135. Occupancy standards.
§ 230-136. Control periods for restricted ownership units and enforcement mechanisms.
(3) Payments in lieu and off-site provision of affordable housing shall be subject to Council
approval.
A. The minimum floor area requirements for very-low-, low- and moderate-income housing
units shall comply with minimum applicable building code requirements.
A. Affordable units shall utilize the same type of heating source as market units within an
inclusionary development.
B.
Tenant-paid utilities included in the utility allowance shall be set forth in the lease and shall
be consistent with the utility allowance approved by DCA for its Section 8 program.
A. In referring certified households to specific restricted units, the administrative agent shall, to
the extent feasible and without causing an undue delay in the occupancy of a unit, strive to:
(1) Provide an occupant for each bedroom;
(2) Provide children of different sexes with separate bedrooms;
(3) Provide separate bedrooms for parents and children; and
(4) Prevent more than two persons from occupying a single bedroom.
A. Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5,
as may be amended and supplemented, and each restricted ownership unit shall remain
subject to the requirements of this article for a period of at least 30 years, until the Borough
of Glen Rock takes action to release the unit from such requirements; prior to such action, a
restricted ownership unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as
may be amended and supplemented.
B.
The affordability control period for a restricted ownership unit shall commence on the date
the initial certified household takes title to the unit.
C.
Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and
upon each successive sale during the period of restricted ownership, the administrative agent
shall determine the restricted price for the unit and shall also determine the nonrestricted, fair
market value of the unit based on either an appraisal or the unit's equalized assessed value
without the restrictions in place.
D. At the time of the initial sale of the unit, the initial purchaser shall execute and deliver to the
administrative agent a recapture note obligating the purchaser (as well as the purchaser's
heirs, successors and assigns) to repay the Borough, upon the first nonexempt sale after the
Borough of Glen Rock, NJ
§ 230-132
§ 230-136
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§ 230-137. Price restrictions for restricted ownership units, homeowner association fees and
resale prices.
Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as
may be amended and supplemented, including:
§ 230-138. Buyer income eligibility.
unit's release from the restrictions set forth in this article, an amount equal to the difference
between the unit's nonrestricted fair market value and its restricted price, and the recapture
note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.
E.
The affordability controls set forth in this section shall remain in effect despite the entry and
enforcement of any judgment of foreclosure with respect to restricted ownership units.
F.
A restricted ownership unit shall be required to obtain a continuing certificate of occupancy
or a certified statement from the Construction Official stating that the unit meets all Code
standards upon the first transfer of title following the removal of the restrictions provided
under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
A. The initial purchase price for a restricted ownership unit shall be approved by the
administrative agent.
B.
The administrative agent shall approve all resale prices, in writing and in advance of the
resale, to assure compliance with the foregoing standards.
C.
The master deeds of inclusionary developments shall provide no distinction between the
condominium or homeowner association fees and special assessments paid by very-low-,
low- and moderate-income purchasers and those paid by market purchasers.
D. The owners of restricted ownership units may apply to the administrative agent to increase
the maximum sales price for the unit on the basis of anticipated capital improvements.
Eligible capital improvements shall be those that render the unit suitable for a larger
household or the addition of a bathroom. See § 230-138.2.
E.
The price of owner-occupied low- and moderate-income units may increase annually based
on the percentage increase in the regional median income limit for each housing region. In
no event shall the maximum resale price established by the administrative agent be lower
than the last recorded purchase price.
A. Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C.
5:80-26.1, as may be amended and supplemented, such that low-income ownership units
shall be reserved for households with a gross household income less than or equal to 50% of
median income and moderate-income ownership units shall be reserved for households with
a gross household income less than 80% of median income. In addition, in accordance with
the A500 ACS amendment to the Act, very-low-income ownership units shall be reserved
for households with a gross household income less than or equal to 30% of median income,
B.
Notwithstanding the foregoing, however, the administrative agent may, upon approval by the
Borough Council, and subject to the Court's approval, permit moderate-income purchasers to
Borough of Glen Rock, NJ
§ 230-136
§ 230-138
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§ 230-138.1. Limitations on indebtedness secured by ownership unit; subordination.
§ 230-138.2. Capital improvements to ownership units.
buy low-income units in housing markets if the administrative agent determines that there
are an insufficient number of eligible low-income purchasers to permit prompt occupancy of
the units. All such low-income units to be sold to moderate-income households shall retain
the required pricing and pricing restrictions for low-income units.
C.
A certified household that purchases a restricted ownership unit must occupy it as the
certified household's principal residence and shall not lease the unit; provided, however, that
the administrative agent may permit the owner of a restricted ownership unit, upon
application and a showing of hardship, to lease the restricted unit to another certified
household for a period not to exceed one year.
D. The administrative agent shall certify a household as eligible for a restricted ownership unit
when the household is a very-low-income, low-income or moderate-income household, as
applicable to the unit, and the estimated monthly housing cost for the particular unit
(including principal, interest, taxes, homeowner and private mortgage insurance and
condominium or homeowner association fees, as applicable) does not exceed 33% of the
household's eligible monthly income.
A. Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner
shall apply to the administrative agent for a determination in writing that the proposed
indebtedness complies with the provisions of this section, and the administrative agent shall
issue such determination prior to the owner incurring such indebtedness.
B.
With the exception of first purchase money mortgages, neither an owner nor a lender shall at
any time cause or permit the total indebtedness secured by a restricted ownership unit to
exceed 95% of the maximum allowable resale price of the unit, as such price is determined
by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).
A. The owners of restricted ownership units may apply to the administrative agent to increase
the maximum sales price for the unit on the basis of capital improvements made since the
purchase of the unit. Eligible capital improvements shall be those that render the unit suitable
for a larger household or that adds an additional bathroom. In no event shall the maximum
sales price of an improved housing unit exceed the limits of affordability for the larger
household.
B.
Upon the resale of a restricted ownership unit, all items of property that are permanently
affixed to the unit or were included when the unit was initially restricted (for example,
refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in
the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable
price that has been approved by the administrative agent at the time of the signing of the
agreement to purchase. The purchase of central air conditioning installed subsequent to the
initial sale of the unit and not included in the base price may be made a condition of the unit
resale provided the price, which shall be subject to ten-year, straight- line depreciation, has
been approved by the administrative agent. Unless otherwise approved by the administrative
agent, the purchase of any property other than central air conditioning shall not be made a
Borough of Glen Rock, NJ
§ 230-138
§ 230-138.2
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§ 230-138.3. Control period for restricted rental units.
§ 230-138.4. Rent restrictions for rental units; leases; rent increases.
condition of the unit resale. The owner and the purchaser must personally certify at the time
of closing that no unapproved transfer of funds for the purpose of selling and receiving
property has taken place at the time of or as a condition of resale.
A. Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, as
may be amended and supplemented, and each restricted rental unit shall remain subject to the
requirements of this article for a period of at least 30 years, until Glen Rock takes action to
release the unit from such requirements. Prior to such action, a restricted rental unit must
remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and
supplemented.
B.
Deeds of all real property that include restricted rental units shall contain deed restriction
language. The deed restriction shall have priority over all mortgages on the property, and the
deed restriction shall be filed by the developer or seller with the records office of the County
of Bergen. The deed shall also identify each affordable unit by apartment number and/or
address and whether that unit is designated as a very-low-, low- or moderate-income unit.
Neither the unit nor its affordability designation shall change throughout the term of the deed
restriction. A copy of the filed document shall be provided to the administrative agent within
30 days of the receipt of a certificate of occupancy.
C.
A restricted rental unit shall remain subject to the affordability controls of this section despite
the occurrence of any of the following events:
(1) Sublease or assignment of the lease of the unit;
(2) Sale or other voluntary transfer of the ownership of the unit; or
(3) The entry and enforcement of any judgment of foreclosure on the property containing
the unit.
A. A written lease shall be required for all restricted rental units and tenants shall be responsible
for security deposits and the full amount of the rent as stated on the lease. A copy of the
current lease for each restricted rental unit shall be provided to the administrative agent.
B.
No additional fees or charges shall be added to the approved rent (except, in the case of units
in an assisted living residence, to cover the customary charges for food and services) without
the express written approval of the administrative agent.
C.
Application fees (including the charge for any credit check) shall not exceed 5% of the
monthly rent of the applicable restricted unit and shall be payable to the developer and/or
landlord or to the administrative agent, to be applied only to the costs of administering the
controls applicable to the unit as set forth in this article.
D. No rent control ordinance or other pricing restriction shall be applicable to either the market
units or the affordable units in any development in which at least 15% of the total number of
dwelling units are restricted rental units in compliance with this article.
Borough of Glen Rock, NJ
§ 230-138.2
§ 230-138.4
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§ 230-138.5. Tenant income eligibility.
E.
The rent levels of very-low-, low- and moderate-income units may be increased annually
based on the percentage increase in the Housing Consumer Price Index for the Northeast
Urban Area, upon its publication for the prior calendar year. This increase shall not exceed
9% in any one year. Rent increases for units constructed pursuant to Low-Income Housing
Tax Credit regulations shall be indexed pursuant to the regulations governing low-income
housing tax credits.
A. Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be
amended and supplemented, and shall be determined as follows:
(1) Very-low-income rental units shall be reserved for households with a gross household
income less than or equal to 30% of median income by household size.
(2) Low-income rental units shall be reserved for households with a gross household
income less than or equal to 50% of median income by household size.
(3) Moderate-income rental units shall be reserved for households with a gross household
income less than 80% of median income by household size.
B.
The administrative agent shall certify a household as eligible for a restricted rental unit when
the household is a very-low-income household, low-income household or a moderate-income
household, as applicable to the unit, and the rent proposed for the unit does not exceed 35%
(40% for age-restricted units) of the household's eligible monthly income as determined
pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however,
that this limit may be exceeded if one or more of the following circumstances exists:
(1) The household currently pays more 35% (40% for households eligible for age-restricted
units) of its gross household income for rent, and the proposed rent will reduce its
housing costs;
(2) The household has consistently paid more than 35% (40% for households eligible for
age-restricted units) of eligible monthly income for rent in the past and has proven its
ability to pay;
(3) The household is currently in substandard or overcrowded living conditions;
(4) The household documents the existence of assets with which the household proposes to
supplement the rent payments; or
(5) The household documents reliable anticipated third-party assistance from an outside
source such as a family member in a form acceptable to the administrative agent and the
owner of the unit.
C.
The applicant shall file documentation sufficient to establish the existence of the
circumstances in Subsection B(1) through (5) above with the administrative agent, who shall
counsel the household on budgeting.
Borough of Glen Rock, NJ
§ 230-138.4
§ 230-138.6
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§ 230-138.6. Administrative agent.
The administrative agent may be an independent entity serving under contract to and reporting to
the Borough. For new sale and rental developments, all of the fees of the administrative agent shall
be paid by the owners of the affordable units for which the services of the administrative agent are
required. For resales, single-family homeowners and condominium homeowners shall be required
to pay 3% of the sales price for services provided by the administrative agent related to the resale
of their homes. That fee shall be collected at closing and paid directly to the administrative agent.
The administrative agent shall perform the duties and responsibilities of an administrative agent
as set forth in UHAC, including those set forth in Sections 5:80-26.14, 16 and 18 thereof, which
include:
A. Affirmative marketing:
(1) Conducting an outreach process to affirmatively market affordable housing units in
accordance with the Affirmative Marketing Plan of the Borough of Glen Rock and the
provisions of N.J.A.C. 5:80-26.15; and
(2) Providing counseling or contracting to provide counseling services to very-low-, low-
and moderate-income applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
B.
Household certification:
(1) Soliciting, scheduling, conducting and following up on interviews with interested
households;
(2) Conducting interviews and obtaining sufficient documentation of gross income and
assets upon which to base a determination of income eligibility for a very-low-, low- or
moderate-income unit;
(3) Providing written notification to each applicant as to the determination of eligibility or
noneligibility;
(4) Requiring that all certified applicants for restricted units execute a certificate
substantially in the form, as applicable, of either the ownership or rental certificates set
forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.;
(5) Creating and maintaining a referral list of eligible applicant households living in the
housing region and eligible applicant households with members working in the housing
region where the units are located;
(6) Employing a random selection process as provided in the Affirmative Marketing Plan
of the Borough of Glen Rock when referring households for certification to affordable
units; and
(7) Notifying the following entities of the availability of affordable housing units in the
Borough of Glen Rock: FSHC; the New Jersey State Conference of the NAACP; the
Latino Action Network; the Bergen County, the New Jersey chapter of the NAACP;
Bergen County Housing Coalition; and Community Access Unlimited Inc;
Borough of Glen Rock, NJ
§ 230-138.6
§ 230-138.6
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C.
Affordability controls:
(1) Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for
recording at the time of conveyance of title of each restricted unit;
(2) Creating and maintaining a file on each restricted unit for its control period, including
the recorded deed with restrictions, recorded mortgage and note, as appropriate;
(3) Ensuring that the removal of the deed restrictions and cancellation of the mortgage note
are effectuated and properly filed with the Bergen County Register of Deeds or County
Clerk's office after the termination of the affordability controls for each restricted unit;
(4) Communicating with lenders regarding foreclosures; and
(5) Ensuring the issuance of continuing certificates of occupancy or certifications pursuant
to N.J.A.C. 5:80-26.10.
D. Resales and re-rentals:
(1) Instituting and maintaining an effective means of communicating information between
owners and the administrative agent regarding the availability of restricted units for
resale or re-rental; and
(2) Instituting and maintaining an effective means of communicating information to very-
low-, low- and moderate-income households regarding the availability of restricted units
for resale or re-rental.
E.
Processing requests from unit owners:
(1) Reviewing and approving requests for determination from owners of restricted units
who wish to take out home equity loans or refinance during the term of their ownership
that the amount of indebtedness to be incurred will not violate the terms of this section;
(2) Reviewing and approving requests to increase sales prices from owners of restricted
units who wish to make capital improvements to the units that would affect the selling
price, such authorizations to be limited to those improvements resulting in additional
bedrooms or bathrooms and the depreciated cost of central air-conditioning systems;
(3) Notifying the Borough of an owner's intent to sell a restricted unit; and
(4) Making determinations on requests by owners of restricted units for hardship waivers.
F.
Enforcement:
(1) Securing annually from the Borough a list of all affordable housing units for which tax
bills are mailed to absentee owners, and notifying all such owners that they must either
move back to their unit or sell it;
(2) Securing from all developers and sponsors of restricted units, at the earliest point of
contact in the processing of the project or development, written acknowledgement of
the requirement that no restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the administrative agent;
Borough of Glen Rock, NJ
§ 230-138.6
§ 230-138.6
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§ 230-138.7. Affirmative marketing requirements.
(3) The posting annually in all rental properties, including two-family homes, of a notice as
to the maximum permitted rent together with the telephone number of the administrative
agent where complaints of excess rent or other charges can be made;
(4) Sending annual mailings to all owners of affordable dwelling units, reminding them of
the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;
(5) Establishing a program for diverting unlawful rent payments to the Borough's
Affordable Housing Trust Fund; and
(6) Creating and publishing a written operating manual for each affordable housing
program administered by the administrative agent, to be approved by the Borough
Council and the Court, setting forth procedures for administering the affordability
controls.
G. Additional responsibilities:
(1) The administrative agent shall have the authority to take all actions necessary and
appropriate to carry out its responsibilities hereunder.
(2) The administrative agent shall prepare monitoring reports for submission to the
Municipal Housing Liaison in time to meet any monitoring requirements and deadlines
imposed by the Court.
(3) The administrative agent shall attend continuing education sessions on affordability
controls, compliance monitoring, and affirmative marketing at least annually and more
often as needed.
A. The Borough of Glen Rock shall adopt by resolution an Affirmative Marketing Plan, subject
to approval of the Court that is compliant with N.J.A.C. 5:80-26.15, as may be amended and
supplemented.
B.
The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers
and/or renters of all majority and minority groups, regardless of race, creed, color, national
origin, ancestry, marital or familial status, gender, affectional or sexual orientation,
disability, age or number of children to housing units which are being marketed by a
developer, sponsor or owner of affordable housing. The Affirmative Marketing Plan is
intended to target those potentially eligible persons who are least likely to apply for
affordable units in that region. It is a continuing program that directs marketing activities
toward Housing Region 1 and is required to be followed throughout the period of restriction.
C.
The Affirmative Marketing Plan shall provide a regional preference for all households that
live and/or work in Housing Region 1, comprised of Bergen, Hudson, Passaic and Sussex
Counties.
D. The Borough has the ultimate responsibility for adopting the Affirmative Marketing Plan and
for the proper administration of the Affirmative Marketing Program, including initial sales
and rentals and resales and re-rentals. The administrative agent designated by the Borough of
Borough of Glen Rock, NJ
§ 230-138.6
§ 230-138.7
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§ 230-138.8. Enforcement of affordable housing regulations.
Glen Rock shall implement the Affirmative Marketing Plan to assure the affirmative
marketing of all affordable units.
E.
In implementing the Affirmative Marketing Plan, the administrative agent shall provide a list
of counseling services to very-low-, low- and moderate-income applicants on subjects such
as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/
tenant law.
F.
The Affirmative Marketing Plan shall describe the media to be used in advertising and
publicizing the availability of housing. In implementing the Affirmative Marketing Plan, the
administrative agent shall consider the use of language translations where appropriate.
G. The affirmative marketing process for available affordable units shall begin at least four
months (120 days) prior to the expected date of occupancy.
H. Applications for affordable housing shall be available in several locations, including, at a
minimum, the county administration building and/or the county library for each county
within the housing region; the municipal administration building and the municipal library in
the Borough in which the units are located; and the developer's rental office. Pre-applications
shall be emailed or mailed to prospective applicants upon request.
I.
The costs of advertising and affirmative marketing of the affordable units shall be the
responsibility of the developer, sponsor or owner.
A. Upon the occurrence of a breach of any of the regulations governing the affordable unit by
an owner, developer or tenant, the Borough shall have all remedies provided at law or equity,
including but not limited to foreclosure, tenant eviction, a requirement for household
recertification, acceleration of all sums due under a mortgage, recuperation of any funds from
a sale in violation of the regulations, injunctive relief to prevent further violation of the
regulations, entry on the premises, and specific performance.
B.
After providing written notice of a violation to an owner, developer or tenant of a very-low-,
low- or moderate-income unit and advising the owner, developer or tenant of the penalties
for such violations, the Borough may take the following action(s) against the owner,
developer or tenant for any violation that remains uncured for a period of 60 days after
service of the written notice:
(1) The Borough may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation
or violations of the regulations governing the affordable housing unit. If the owner,
developer or tenant is adjudged by the Court to have violated any provision of the
regulations governing affordable housing units the owner, developer or tenant shall be
subject to one or more of the following penalties, at the discretion of the Court:
(a) A fine of not more than $2,500 per day or imprisonment for a period not to exceed
90 days, or both, provided that each and every day that the violation continues or
exists shall be considered a separate and specific violation of these provisions and
not a continuation of the initial offense;
Borough of Glen Rock, NJ
§ 230-138.7
§ 230-138.8
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(b) In the case of an owner who has rented a very-low-, low- or moderate-income unit
in violation of the regulations governing affordable housing units, payment into the
Borough of Glen Rock Housing Trust Fund of the gross amount of rent illegally
collected;
(c) In the case of an owner who has rented a very-low-, low- or moderate-income unit
in violation of the regulations governing affordable housing units, payment of an
innocent tenant's reasonable relocation costs, as determined by the Court.
(2) The Borough may file a court action in the Superior Court seeking a judgment that
would result in the termination of the owner's equity or other interest in the unit, in the
nature of a mortgage foreclosure. Any such judgment shall be enforceable as if the same
were a judgment of default of the first purchase money mortgage and shall constitute a
lien against the very-low-, low- or moderate-income unit.
(a) The judgment shall be enforceable, at the option of the Borough, by means of an
execution sale by the Sheriff, at which time the very-low-, low- and moderate-
income unit of the violating owner shall be sold at a sale price which is not less
than the amount necessary to fully satisfy and pay off any first purchase money
mortgage and prior liens and the costs of the enforcement proceedings incurred by
the Borough, including attorney's fees. The violating owner shall have his right to
possession terminated as well as his title conveyed pursuant to the Sheriff's sale.
(b) The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase
money mortgage lien and any prior liens upon the very-low-, low- and moderate-
income unit. The excess, if any, shall be applied to reimburse the Borough for any
and all costs and expenses incurred in connection with either the court action
resulting in the judgment of violation or the Sheriff's sale. In the event that the
proceeds from the Sheriff's sale are insufficient to reimburse the Borough in full as
aforesaid, the violating owner shall be personally responsible for the full extent of
such deficiency, in addition to any and all costs incurred by the Borough in
connection with collecting such deficiency. In the event that a surplus remains after
satisfying all of the above, such surplus, if any, shall be placed in escrow by the
Borough for the owner and shall be held in such escrow for a maximum period of
two years or until such earlier time as the owner shall make a claim with the
Borough for such. Failure of the owner to claim such balance within the two-year
period shall automatically result in a forfeiture of such balance to the Borough.
Any interest accrued or earned on such balance while being held in escrow shall
belong to and shall be paid to the Borough, whether such balance shall be paid to
the owner or forfeited to the Borough.
(c) Foreclosure by the Borough due to violation of the regulations governing
affordable housing units shall not extinguish the restrictions of the regulations
governing affordable housing units as the same apply to the very-low-, low- and
moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale,
subject to the restrictions and provisions of the regulations governing the
affordable housing unit. The owner determined to be in violation of the provisions
of this plan and from whom title and possession were taken by means of the
Borough of Glen Rock, NJ
§ 230-138.8
§ 230-138.8
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§ 230-138.9. Monitoring and reporting requirements. [Amended 7-28-2021 by Ord. No.
1849]
Sheriff's sale shall not be entitled to any right of redemption.
(d) If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to
satisfy the first purchase money mortgage and any prior liens, the Borough may
acquire title to the very-low-, low- and moderate-income unit by satisfying the first
purchase money mortgage and any prior liens and crediting the violating owner
with an amount equal to the difference between the first purchase money mortgage
and any prior liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the very-low-, low- and moderate-income
unit could have been sold under the terms of the regulations governing affordable
housing units. This excess shall be treated in the same manner as the excess which
would have been realized from an actual sale as previously described.
(e) Failure of the very-low-, low- and moderate-income unit to be either sold at the
Sheriff's sale or acquired by the Borough shall obligate the owner to accept an offer
to purchase from any qualified purchaser which may be referred to the owner by
the Borough, with such offer to purchase being equal to the maximum resale price
of the very-low-, low- and moderate-income unit as permitted by the regulations
governing affordable housing units.
(f) The owner shall remain fully obligated, responsible and liable for complying with
the terms and restrictions of governing affordable housing units until such time as
title is conveyed from the owner.
A. The Municipal Housing Liaison shall complete and return to COAH, its successor, or court
of competent jurisdiction all forms necessary for monitoring requirements related to dwelling
units in affordable housing projects and the collection of development fees from residential
and nonresidential developers, payments in lieu of constructing affordable units on site, funds
from the sale of units with extinguished controls, barrier free escrow funds, rental income,
repayments from affordable housing program loans, and any other funds collected in
connection with the Borough of Glen Rock's approved housing program, as well as to the
expenditure of revenues and implementation of the approved plan.
B.
By July 1, 2020, as required pursuant to N.J.S.A. 52:27D-313, the Borough will post on its
municipal website, with a copy provided to FSHC, a status report as to its implementation of
its Plan and an analysis of whether any unbuilt sites or unfulfilled mechanisms continue to
present a realistic opportunity. Such posting shall invite any interested party to submit
comments to the municipality, with a copy to FSHC, regarding whether any sites no longer
present a realistic opportunity. Any interested party may by motion request a hearing before
the Court regarding these issues.
C.
As required by N.J.S.A. 52:27D-329.1, the Borough will post on its municipal website, with
a copy provided to FSHC, a status report as to its satisfaction of its very-low-income
requirements, including its family very-low-income requirements. Such posting shall invite
any interested party to submit comments to the municipality and FSHC on the issue of
whether the municipality has complied with its very-low-income and family very-low-
Borough of Glen Rock, NJ
§ 230-138.8
§ 230-138.9
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§ 230-138.10. Appeals.
Appeals from all decisions of an administrative agent appointed pursuant to this article shall be
filed in writing with the Court.
§ 230-139. Affordable housing set-aside requirements. [Added 12-9-2020 by Ord. No. 1835]
income housing obligations. The schedule for the reporting of this information shall be as set
forth in the most recent settlement agreement between the Borough of Glen Rock and FSHC.
A. Purpose. This section is intended to ensure that any site or development that benefits from a
subdivision or site plan approval, rezoning, use variance, redevelopment plan or
rehabilitation plan approved by the Municipality or a Borough land use board that results in
five or more new multifamily or single-family attached dwelling units produces affordable
housing at a set-aside rate of 20% for affordable for-sale and 15% if rental affordable units
are created. This section shall apply except where inconsistent with applicable law or Court
order.
B.
Mandatory set-aside requirement.
(1) Any multifamily or single-family attached residential development, including the
residential portion of a mixed-use project, that is approved and contains five or more
new dwelling units as a result of a subdivision or site plan approval, rezoning, use
variance, redevelopment plan or rehabilitation plan approved by the Municipality or a
Borough land use board shall be required to set aside a minimum percentage of units for
affordable housing.
(2) For inclusionary projects for sale, or offered for rent, the minimum set-aside percentage
shall be 20% percent for affordable ownership unit, 15% if affordable rental units are
created. Where the set-aside percentage results in a fractional unit, the total set-aside
requirement shall be rounded upwards to the next whole number, regardless of the
fractional amount.
(3) Nothing in this section precludes the Municipality or a Borough land use board from
imposing an affordable housing set-aside in a development not required to have a set-
aside pursuant to this section consistent with N.J.S.A. 52:27D-311(h) and other
applicable law.
(4) This requirement does not create any entitlement for a property owner or applicant for
subdivision or site plan approval, a zoning amendment, use variance, or adoption of a
redevelopment plan or rehabilitation plan in areas in need of redevelopment or
rehabilitation, or for approval of any particular proposed project.
(5) This requirement does not apply to any sites or specific zones for which higher set-aside
standards have been or will be established, either by zoning, subdivision or site plan
approval, or an adopted redevelopment plan or rehabilitation plan.
(6) If the Municipality's Settlement Agreement with Fair Share Housing Center ("FSHC")
dated September 25, 2019, or the Municipality's 2019 Housing Element and Fair Share
Plan establishes set-aside standards for any specific sites or zones which are different
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from the set-aside standards set forth in this section, the set-asides established for those
sites or zones in the Settlement Agreement or Housing Element and Fair Share Plan
shall govern.
(7) Furthermore, this requirement shall not apply to residential expansions, additions,
renovations, replacement, or any other type of residential development that does not
result in a net increase in the number of dwellings of five or more.
(8) Where a developer demolishes existing dwelling units and builds new dwelling units on
the same site, the provisions of this section shall apply only if the net increase in the
number of dwelling units is five or greater.
(9) All subdivision and site plan approvals of qualifying residential developments shall be
conditioned upon compliance with the provisions of this section.
(10) No subdivision shall be permitted or approved for the purpose of avoiding compliance
with the mandatory set-aside requirements set forth in this section. [Added 7-28-2021
by Ord. No. 1848]
(11) All affordable units to be produced pursuant to this section shall comply with the
Borough's Affordable Housing Ordinance at Article XXVI, § 230-127 et seq., of the
Zoning Ordinance of the Borough of Glen Rock and the Uniform Housing Affordability
Controls (N.J.A.C. 5:80-26.1 et seq.), as may be amended from time to time, and any
applicable Order of the Court, including a Judgment of Compliance and Repose Order.
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Appendix
9. Existing/Adopted Chapter 81 -Development Fees of
Borough Code
§ 101-21. Development fees. [Added 1-28-2009 by Ord. No. 1589
1; amended 12-9-2020 by
Ord. No. 1833]
A. Purpose.
(1) In Holmdel Builder's Ass'n v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey
Supreme Court determined that mandatory development fees are authorized by the Fair
Housing Act of 1985, N.J.S.A. 52:27D-301 et seq., and the State Constitution, subject
to the Council On Affordable Housing's (COAH) adoption of rules.
(2) Pursuant to P.L. 2008, c. 46, Section 8 (N.J.S.A. 52:27D-329.2) and the Statewide
Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), COAH is
authorized to adopt and promulgate regulations necessary for the establishment,
implementation, review, monitoring and enforcement of municipal affordable housing
trust funds and corresponding spending plans. Municipalities that are under the
jurisdiction of the Council or court of competent jurisdiction and have a COAH
approved spending plan may retain fees collected from nonresidential development.
(3) This section establishes standards for the collection, maintenance and expenditure of
development fees pursuant to COAH's rules and in accordance P.L. 2008, c. 46,
Sections 8 and 32 through 38. Fees collected pursuant to this ordinance shall be used for
the sole purpose of providing very low-, low- and moderate-income housing. This
ordinance shall be interpreted within the framework of COAH's rules on development
fees, codified at N.J.A.C. 5:93-8.
2
B.
Basic requirements.
(1) This section shall not be effective until approved by the Court, COAH, or a successor
agency.
(2) The Borough of Glen Rock shall not spend development fees until the Court, COAH, or
a successor agency has approved a plan for spending such fees (Spending Plan).
C.
Definitions. The following terms, as used in this section, shall have the following meanings:
DEVELOPMENT FEE — Money paid by a developer for the improvement of property as
permitted by applicable COAH regulations.
EQUALIZED ASSESSED VALUE — The assessed value of a property divided by the
current average ratio of assessed to true value for the Municipality in which the property is
situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A.
54:1-35a through 54:1-35c).
GREEN BUILDING STRATEGIES — Those strategies that minimize the impact of
development on the environment, and enhance the health, safety and well-being of residents
by producing durable, low-maintenance, resource-efficient housing while making optimum
use of existing infrastructure and community services.
1.
Editor's Note: This ordinance provided that it should take effect upon COAH approval, which was received.
2.
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-016-2016.
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D. Residential development fees.
(1) Imposition of fees.
(a) Within the Borough of Glen Rock, all residential developers, except for developers
of the types of development specifically exempted below, shall pay a fee of 1.5%
of the equalized assessed value for residential development provided no increased
density is permitted. Development fees shall also be imposed and collected when
an additional dwelling unit is added to an existing residential structure; in such
cases, the fee shall be calculated based on the increase in the equalized assessed
value of the property due to the additional dwelling unit.
(b) When an increase in residential density pursuant to a "d" variance is granted under
N.J.S.A. 40:55D-70d(5) (known as a "d" variance), developers shall be required to
pay a "bonus" development fee of 6% of the equalized assessed value for each
additional unit that may be realized, except that this provision shall not be
applicable to a development that will include affordable housing. If the zoning on
a site has changed during the two-year period preceding the filing of such a
variance application, the base density for the purposes of calculating the bonus
development fee shall be the highest density permitted by right during the two-year
period preceding filing of the "d" variance application. Example: If an approval
allows four units to be constructed on a site that was zoned for two units, the
development fees will equal 1 1/2% of the equalized assessed value on the first two
units; and 6% of the equalized assessed value for the two non-age-restricted
additional units, provided zoning on the site has not changed during the two-year
period preceding the filing of such a variance application.
[1] Eligible exactions, ineligible exactions and exemptions for residential
development.
[a] Affordable housing developments and developments where the
developer is providing for the construction of affordable units elsewhere
in the Borough, if permitted by ordinance or by agreement with the
Borough of Glen Rock, shall be exempt from development fees.
[b] Developments that have received preliminary or final site plan approval
prior to the adoption of the first development fee ordinance shall be
exempt from development fees, unless the developer seeks a substantial
change in the approval. Where a site plan approval is not applicable, the
issuance of a zoning and/or building permit shall be synonymous with
preliminary or final site plan approval for the purpose of determining the
right to exemption. In all cases, the applicable fee percentage shall be
determined based upon the development fee ordinance in effect on the
date that building permit is issued.
[c] In addition to the construction of new principal and/or accessory
buildings, development fees shall be imposed and collected when an
existing structure is demolished and replaced, if the expansion is not
otherwise exempt from the development fee requirement. The
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development fee shall be calculated on the increase in the equalized
assessed value of the new structure. Furthermore:
[i]
No development fee shall be collected for a demolition and
replacement of a residential building resulting from a natural
disaster.
[ii] No development fee shall be collected for the construction of an
"accessory structure" which is not a "building" as these terms are
defined in the 1978 Zoning Ordinance of the Borough of Glen
Rock.
[iii] Additions and alterations to existing detached single-family
dwellings are exempt from the payment of a development fee.
[iv] Additions and alterations to existing detached two-family dwellings
are exempt from the payment of a development fee.
[d] Nonprofit organizations which have received tax-exempt status pursuant
to Section 501(c)(3) of the Internal Revenue Code, providing current
evidence of that status is submitted to the Municipal Clerk, together with
a certification that services of the organization are provided at reduced
rates to those who establish an inability to pay existing charges, shall be
exempted from paying a development fee.
[e] Federal, state, county, and local governments shall be exempted from
paying a development fee.
E.
Nonresidential development fees.
(1) Imposition of fees.
(a) Within all zoning districts, nonresidential developers, except for developers of the
types of development specifically exempted below, shall pay a fee equal to 2 1/2%
(2.5%) of the increase in equalized assessed value of the land and improvements,
for all new nonresidential construction on an unimproved lot or lots.
(b) Within all zoning districts, nonresidential developers, except for developers of the
types of development specifically exempted, shall also pay a fee equal to 2 1/2%
(2.5%) of the increase in equalized assessed value resulting from any additions to
existing structures to be used for nonresidential purposes.
(c) Eligible exactions, ineligible exactions and exemptions for nonresidential
development:
[1] The nonresidential portion of a mixed-use inclusionary or market rate
development shall be subject to the 2 1/2% (2.5%) development fee, unless
otherwise exempted below.
[2] The 2 1/2% (2.5%) fee shall not apply to an increase in equalized assessed
value resulting from alterations, change in use within existing footprint,
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reconstruction, renovations and repairs.
[3] Nonresidential projects that have received a certificate of occupancy or
general development plan approval or have entered into a developer's
agreement or a redevelopment agreement, all prior to July 17, 2008 (the
effective date of P.L. 2008, c. 46), shall be exempt from the payment of
nonresidential development fees, provided that an affordable housing fee of at
least 1% of the equalized assessed value of the improvements is included in
the development plan, developer's agreement or redevelopment agreement.
[4] Nonresidential developments shall be exempt from the payment of
nonresidential development fees in accordance with the exemptions required
as specified in the Form N-RDF "State of New Jersey Nonresidential
Development Certification/Exemption." Any exemption claimed by a
developer shall be substantiated by that developer.
[5] A developer of a nonresidential development exempted from the
nonresidential Borough development fee shall be subject to the fee at such
time the basis for the exemption no longer applies and shall make the payment
of the nonresidential development fee, in that event, within three years after
that event or after the issuance of the final certificate of occupancy of the
nonresidential development, whichever is later.
[6] If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation, the
owner of the property shall remit the fees required pursuant to this section
within 45 days of the termination of the property tax exemption. Unpaid
nonresidential development fees under these circumstances may be
enforceable by the Borough of Glen Rock as a lien against the real property
of the owner.
F.
Collection procedures.
(1) The Borough of Glen Rock shall collect development fees for affordable housing in
accordance with the following:
(a) Upon the granting of a preliminary, final or other applicable approval, for a
development, the applicable approving authority shall direct its staff to notify the
Borough Construction Code Official responsible for the issuance of a building
permit of the applicable approval.
(b) For nonresidential developments only, the developer shall also be provided with a
copy of Form N-RDF "State of New Jersey Nonresidential Development
Certification/Exemption," to be completed by the developer as per the instructions
provided. The Borough Construction Official shall verify the information
submitted by the nonresidential developer as per the instructions provided in the
Form N-RDF. The Borough Tax Assessor shall verify exemptions and prepare
estimated and final assessments as per the instructions provided in Form N-RDF.
(c) The Borough Construction Official responsible for the issuance of a building
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permit shall notify the Borough Tax Assessor of the issuance of the first building
permit for a development that is subject to a development fee.
(d) Within 90 days of receipt of that notice, the Borough Tax Assessor, based on the
plans filed, shall provide an estimate of the equalized assessed value of the
development.
(e) The Construction Official responsible for the issuance of a final certificate of
occupancy shall notify the Borough Tax Assessor of any and all requests for the
scheduling of a final inspection on a property that is subject to a development fee.
(f) Within 10 business days of a request for the scheduling of a final inspection, the
Borough Tax Assessor shall confirm or modify the previously estimated equalized
assessed value of the improvements of the development; calculate the development
fee; and thereafter notify the developer of the amount of the fee.
(g) Should the Borough fail to determine or notify the developer of the amount of the
development fee within 10 business days of the request for final inspection, the
developer may estimate the amount due and pay that estimated amount consistent
with the dispute process set forth in Subsection b. of Section 37 of P.L. 2008, c. 46
(N.J.S.A. 40:55D-8.6).
(h) Fifty percent of the initially calculated development fee shall be collected at the
time of the issuance of the building permit. The remaining portion shall be tendered
to the Borough of Glen Rock at the time of the issuance of a certificate of
occupancy. The developer shall be responsible for paying any difference between
the fee calculated at the issuance of the building permit and the fee determined at
issuance of certificate of occupancy.
(i)
Upon tender of the remaining development fee, provided the developer is in full
compliance with all other applicable laws and regulations, the Borough shall issue
a final certificate of occupancy for the subject property.
(j)
Regardless of the time of collection of the development fee, the fee shall be based
upon the percentage that applies on the date that the construction permit is issued.
(k) The Construction Code Official shall forward all collected development fees to the
Borough of Glen Rock's Chief Financial Officer who shall deposit such fees into
the established "Housing Trust Fund."
G. Appeal of development fees.
(1) A developer may challenge residential development fees imposed due to a disagreement
as to the equalized assessed value of the property by filing a challenge with the Bergen
County Board of Taxation. Such a challenge must be made within 45 days from the
issuance of the certificate of occupancy. Pending a review and determination by the
Board, collected fees shall be placed in an interest-bearing escrow account established
by the Borough of Glen Rock. Appeals from a determination of the Board may be made
to the tax court in accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination.
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Interest earned on amounts escrowed shall be credited to the prevailing party. Other
challenges to the imposition of a residential development fee must be brought in the
Superior Court as a prerogative writ challenge.
(2) A developer may challenge nonresidential development fees imposed by filing a
challenge with the Director of the Division of Taxation. Pending a review and
determination by the Director, which shall be made within 45 days of receipt of the
challenge, collected fees shall be placed in an interest-bearing escrow account
established by the Borough of Glen Rock. Appeals from a determination of the Director
may be made to the tax court in accordance with the provisions of the State Tax Uniform
Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited to the prevailing
party.
H. Affordable Housing Trust Fund.
(1) All collected development fees and any proceeds from the sale of units with
extinguished controls shall be deposited by the Chief Financial Officer of the Borough
of Glen Rock into a separate designated interest-bearing "Housing Trust Fund," which
shall be maintained by the Borough Chief Financial Officer.
(2) The following additional funds shall be deposited in the Housing Trust Fund and shall
at all times be identifiable by source and amount:
(a) Recapture funds;
(b) Proceeds from the sale of affordable units;
(c) Rental income from municipally operated units;
(d) Affordable housing enforcement fines and application fees;
(e) Developer contributed funds for barrier free affordable housing pursuant to
N.J.A.C. 5:97-8.5
3;
(f) Repayments from affordable housing program loans; and
(g) Any other funds collected in connection with the Borough's affordable housing
program.
(3) In the event of a failure by the Borough of Glen Rock to comply with trust fund
monitoring and reporting requirements or to submit accurate monitoring reports; or a
failure to comply with the conditions of any Judgment of Compliance or a revocation of
a Judgment of Compliance; or a failure to implement the approved Spending Plan and
to expend funds within the applicable required time period as set forth in In re Tp. of
Monroe, 442 NJ Super. 565 (Law Div. 2015) (aff'd 442 NJ Super. 563); or the
expenditure of funds on activities not approved by the Court; or for other good cause
demonstrating the unapproved use(s) of funds, the Court may authorize the State of New
Jersey, Department of Community Affairs, Division of Local Government Services
3.
Editor's Note: The provisions of N.J.A.C. 5:97 expired 6-2-2015.
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(NJLGS), to direct the manner in which the funds in the Affordable Housing Trust
Fund shall be expended, provided that all such funds shall, to the extent practicable, be
utilized for affordable housing programs within the Borough of Glen Rock, or, if not
practicable, then within the county or the housing region.
(4) Any party may bring a motion before the Superior Court presenting evidence of such
condition(s), and the Court may, after considering the evidence and providing the
Borough a reasonable opportunity to respond and/or to remedy the noncompliant
condition(s), and upon a finding of continuing and deliberate noncompliance, determine
to authorize NJLGS to direct the expenditure of funds in the trust fund or impose such
other remedies as may be reasonable and appropriate to the circumstances.
(5) Interest accrued in the Affordable Housing Trust Fund shall only be used on eligible
affordable housing activities approved by the Court.
I.
Use of funds.
(1) The expenditure of all funds shall conform to a spending plan approved by the Court,
COAH, or its successor agency. Funds deposited in the Affordable Housing Trust Fund
may be used for any activity approved by the Court to address the Borough's fair share
obligation and may be set up as a grant or revolving loan program. Such activities
include, but are not limited to:
(a) A housing rehabilitation program;
(b) New construction of affordable housing units and related costs; in the case of
inclusionary developments, eligible costs shall be prorated based on the proportion
of affordable housing units included in the development;
(c) Accessory apartment, market to affordable, or regional affordable housing
partnership programs;
(d) Financial assistance designed to increase affordability;
(e) Conversion of existing nonresidential buildings to create new affordable units;
(f) Purchase of and/or improvement of land to be used for affordable housing;
(g) Purchase of existing market rate or affordable housing for the purpose of
maintaining or implementing affordability controls;
(h) Extensions or improvements of roads and infrastructure directly serving affordable
housing sites; in the case of inclusionary developments, costs shall be pro-rated
based on the proportion of affordable housing units included in the development;
(i)
Green building strategies designed to be cost saving and in accordance with
accepted national or state standards;
(j)
Administration necessary for implementation of the Housing Plan Element and
Fair Share Plan, or any other activity as specified in the approved Spending Plan
and as permitted by the Court and specified in the approved Spending Plan.
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(2) Funds shall not be expended to reimburse the Borough of Glen Rock for past housing
activities.
(3) At least 30% of all development fees collected and interest earned shall be used to
provide affordability assistance to very-low-, low- and moderate-income households in
affordable units included in the Housing Element and Fair Share Plan. One-third of the
affordability assistance portion of development fees collected shall be used to provide
affordability assistance to those households earning 30% or less of median income for
Housing Region 1, in which Glen Rock is located.
(a) Affordability assistance programs may include down payment assistance, security
deposit assistance, low interest loans, rental assistance, assistance with
homeowners' association or condominium fees and special assessments, and
assistance with emergency repairs. The specific programs to be used for
affordability assistance shall be identified and described within the Spending Plan.
(b) Affordability assistance to households earning 30% or less of median income may
include buying down the cost of low- or moderate-income units in the municipal
Fair Share Plan to make them affordable to households earning 30% or less of
median income. The specific programs to be used for very-low-income
affordability assistance shall be identified and described within the Spending Plan.
(c) Payments in lieu of constructing affordable units on site, if permitted by ordinance
or by agreement with the Borough of Glen Rock, and funds from the sale of units
with extinguished controls shall be exempt from the affordability assistance
requirement.
(4) The Borough of Glen Rock may contract with a private or public entity to administer
any part of its Housing Plan Element and Fair Share Plan, including the requirement for
affordability assistance.
(5) No more than 20% of development fee revenues collected in any given year from the
development fees may be expended on administration, including, but not limited to, the
salaries and benefits for Glen Rock Borough employees or consultant fees necessary to
develop or implement a new affordable housing program, a Housing Element and Fair
Share Plan, and/or an affirmative marketing program.
(a) In the case of a rehabilitation program, the administrative costs of the rehabilitation
program shall be included as part of the 20% of the collected development fees that
may be expended on administration.
(b) Administrative funds may be used for income qualification of households,
monitoring the turnover of sale and rental units, and compliance with COAH and
or its successor agency, and/or Court monitoring requirements. All other housing
rehabilitation costs are considered programmatic and not administrative. Legal or
other fees related to litigation opposing affordable housing sites or related to
securing or appealing a judgment from the Court are not eligible uses of the
Affordable Housing Trust Fund.
(6) Approval by the Court of this Spending plan constitutes a "commitment" for
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expenditure pursuant to N.J.S.A. 52:27D-329.2 and 329.3, with the four-year time
period for expenditure designated pursuant to those provisions beginning to run with the
entry of a final judgment approving the Borough of Glen Rock's most recent Settlement
Agreement with Fair Share Housing Center, in accordance with the provisions of In re
Tp. Of Monroe, 442 N.J. Super. 565 (Law Div. 2014) (aff'd 442 N.J. Super. 53).
J.
Monitoring. The Borough of Glen Rock Municipal Housing Liaison shall provide annual
reporting of Affordable Housing Trust Fund activity to the State of New Jersey, Department
of Community Affairs, Council on Affordable Housing or Local Government Services, or
other entity designated by the State of New Jersey, with a copy provided to Fair Share
Housing Center and posted on the municipal website, using forms developed for this purpose
by the New Jersey Department of Community Affairs, Council on Affordable Housing or
Local Government Services. The reporting shall include an accounting of all Affordable
Housing Trust Fund activity, including the sources and amounts of funds collected and the
amounts and purposes for which any funds have been expended. Such reporting shall include
an accounting of development fees collected from residential and nonresidential developers,
payments in lieu of constructing affordable units on site (if permitted by ordinance or by
agreement with the Borough), funds from the sale of units with extinguished controls, barrier
free escrow funds, repayments from affordable housing program loans, and any other funds
collected in connection with the Borough's housing program, as well as an accounting of the
expenditures of the revenues and implementation of the Spending Plan approved by the
Court.
K. Ongoing collection of development fees. The ability for the Borough of Glen Rock to
impose, collect and. expend development fees shall expire with its substantive certification
unless Glen Rock Borough has filed an adopted Housing Element and Fair Share Plan with
the Court, COAH or its successor agency, has petitioned for substantive certification, and has
received the Court's or COAH's approval of its development fee ordinance. If the Borough of
Glen Rock fails to renew its ability to impose and collect development fees prior to the date
of expiration of substantive certification, it may be subject to forfeiture of any or all funds
remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the
"New Jersey Affordable Housing Trust Fund" established pursuant to section 20 of P.L.
1985, c. 222 (N.J.S.A. 52:27D-320). The Borough of Glen Rock shall not impose a
residential development fee on a development that receives preliminary or final site plan
approval after the expiration of its substantive certification, or judgment of compliance.
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Appendix
10.
Existing/Adopted Chapter 270, Article XXXIV,
Ramsey Golf Course Inclusionary Overlay
Residential District of Borough Code.
ARTICLE XXXIV
Ramsey Golf Course Inclusionary Overlay Residential District
[Added 9-27-2018 by Ord. No. 18-16]
§ 270-185. Purpose and area of application.
To address its affordable housing unmet need obligation, the Borough shall implement an
Inclusionary Overlay Zone Ordinance that creates a realistic opportunity for housing that is
affordable to low- and moderate-income households in the portion of the Ramsey Country Club
and Golf Course located within the Borough of Allendale, also known as Block 301, Lot 37, and
Block 406, Lot 21.01. This article establishes the Ramsey Golf Course Inclusionary Overlay Zone
(the MFRO-2 District) and permits multifamily and townhouse development on the properties
identified above, provided that such housing complies with a required 20% inclusionary set-aside
requirement and with the requirements of this article. This article shall not take effect unless
the golf course/country club use ceases, or portions thereof located within the Borough become
released for residential development. In such an event, the golf course/country club use may not
be changed to any other nonresidential use.
§ 270-186. Special rules.
§ 270-187. Primary intended uses.
The following principal uses and structures shall be permitted in the MFRO-2 Zone District:
§ 270-188. Accessory uses.
Permitted accessory uses shall be limited to those uses customarily incidental to the permitted
principal uses in the district, and in the case of townhouses and apartments, including but
not limited to clubhouses, pools, tennis courts and similar personal recreation facilities for the
exclusive use of the residents and guests of the development, etc.
A. In any inclusionary development permitted by this article, at least 20% of the residential units
must be affordable to low- and moderate-income households. In the event that 20% of the
total number of residential units does not result in a full integer, the developer (as defined in
§ 81-2) shall refer to § 81-3C with regard to addressing the fractional unit.
(1) In any development having five or more residential units, at least one unit must be
established as affordable to low- and moderate-income households
B.
Where this article contradicts § 81-3 of the Borough's Affordable Housing Ordinance, the
effects and requirements of this article shall supersede the requirements of § 81-3.
A. Single-family attached dwellings, also known as townhouses.
B.
Multifamily buildings, also known as apartment buildings.
C.
Apartments located in the same building with townhouse dwellings.
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§ 270-189. Prohibited uses.
Any use other than the uses permitted by § 270-187 and § 270-188 shall be prohibited.
§ 270-190. Lot, bulk and intensity of use regulations.
A. The maximum density of any development in the MFRO-2 District shall not exceed 10 units
per acre.
B.
All residential buildings in the MFRO-2 District shall be subject to the following regulations:
(1) Minimum front yard. There shall be provided a front yard abutting all public streets at
least 40 feet in depth, measured perpendicular to the street right-of-way line. Principal
buildings shall be located at least 20 feet from the traveled way of private internal
streets, roadways, etc.
(2) Minimum side and rear yards. There shall be provided yards at least 30 feet in depth
adjacent to all property lines, except for front yards as set forth in Subsection B(1)
above.
(3) Maximum height of principal buildings. No building shall exceed 35 feet in height or
2 1/2 stories. For purposes of administering this provision, "one-half story" shall mean
the top floor of a building directly beneath a sloping roof, such that the habitable floor
area is not more than 1/2 of the habitable floor area of the story below.
(4) Accessory buildings. Accessory buildings and structures shall comply with the
following minimum setback requirements:
(a) Forty feet from public streets; 20 feet from the traveled way of private internal
streets, roadways, etc.
(b) Thirty feet from all property lines other than public street right-of-way lines.
(c) Forty feet from residential buildings located in the MFRO-2 District.
C.
Maximum impervious coverage by improvements. Not more than 60% of the tract area may
be occupied by buildings, paved areas and other improvements. At least 40% of the tract area
shall be landscaped or, in the case of wetlands, wetland transition areas, water bodies or other
undevelopable areas, preserved in a natural condition.
D. Minimum buffer. There shall be provided a buffer along all property lines, other than along
public streets, which adjoin any property zoned for residential purposes, regardless of
whether the residential zone is developed for residential use or not. The buffer shall be
designed to effectively screen the view of the MFRO-2 Zone property from such adjoining
residential zone during all seasons.
(1) The buffer shall be at least 20 feet in depth in front yards and 25 feet in depth for side
or rear yards of a tract.
(2) No improvements shall be permitted within the buffer other than plantings, berms,
walls, fences or a combination of the foregoing, and when determined necessary by the
Borough of Allendale, NJ
§ 270-189
§ 270-190
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§ 270-191. Other requirements.
Joint Land Use Board utility structures, drainage pipes and related structures, etc.,
provided that such utility and drainage structures shall not reduce the effectiveness of
the buffer.
(3) In the event that berms, walls and fences are the primary method used for screening,
plantings shall also be required within the buffer for aesthetic reasons, as determined by
the Joint Land Use Board, as applicable. Plantings shall be provided between the tract
boundary and any walls or fences used for buffers in order to improve the appearance
of the wall or fence from outside the tract.
(4) In the event that plantings are the primary method used for screening, the plantings shall
include evergreen trees at least six feet in height at the time of planting. Additional
plantings may be included or required, as determined by the Joint Land Use Board as
applicable. The precise type, quantity and spacing of plantings in the buffer shall be
determined as part of any site plan review required by the Joint Land Use Board as
necessary to achieve the intent of this subsection.
(5) In the event that wetlands or other undevelopable areas exist in the location of a required
buffer, and such areas do not provide an effective buffer in their natural state, plantings
and/or berms and/or fencing, etc., sufficient to meet the intent of the buffer, as
determined by the Joint Land Use Board, shall be required to be provided outside of
such undevelopable areas. The foregoing shall not be construed to require that such
additional plantings, etc., have a minimum depth as required herein. The nature and
extent of the buffer in such case shall be determined by the Joint Land Use Board based
upon field conditions.
A. Minimum distance between buildings. The following minimum dimensions shall separate
principal buildings:
(1) Front wall facing front wall: 60 feet.
(2) Front wall facing rear wall: 50 feet.
(3) Front wall facing end/side wall: 35 feet.
(4) End/side wall facing end/side wall: 25 feet.
(5) End/side wall facing rear wall: 30 feet.
(6) Rear wall facing rear wall: 50 feet.
(7) In case of uncertainty as to the definition of "front," "rear," "end/side" wall or in case
the angle of the walls facing each other make interpretation of the required setbacks
uncertain, the more restrictive of possible interpretations shall apply.
B.
Building design.
(1) Apartment flat units may be located in buildings containing townhouse units. In such
buildings containing more than six total units, a minimum of 40% shall be townhouse
Borough of Allendale, NJ
§ 270-190
§ 270-191
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units. In such buildings containing up to six total units, a minimum of 33% shall
be townhouse units. There shall not be more than six buildings in the development
combining apartment flats and townhouse units that contain six or fewer total units.
(2) Apartment-only buildings and buildings containing townhouses and apartment flats
shall be designed in a manner that does not distinguish between the exterior design and
appearance of apartment and townhouse units.
(a) In buildings containing apartment flats and townhouses, apartment flats must be
incorporated into the building in a manner consistent with overall architectural
theme of the building and shall emulate the facade design and treatment of the
townhouse units in order to create the exterior appearance of a townhouse unit. If
apartment flats are stacked one unit over the other, the units must be accessed via
a common interior hallway with a single front and single rear door.
(b) Buildings containing apartment flats with or without attached townhouses shall
contain a minimum of two and a maximum of 12 dwelling units.
(3) Buildings containing all townhouse units shall contain a minimum of two and a
maximum of six dwelling units.
(4) No building facade shall exceed 150 feet in length.
(5) All residential buildings shall provide a staggered front-wall building setback of at least
five feet for every two units, so as to avoid a flat, continuous facade. Additionally, each
unit shall have not fewer than two walls with window exposure. For the purposes of
regulating facade articulation pursuant to this section, stacked apartment flats shall
constitute a single unit, so that multifamily buildings without townhouses appear similar
to buildings with townhouses.
C.
Landscaping.
(1) Attractive landscape plantings shall be provided and maintained.
(2) Existing trees shall be retained wherever possible. Removal and preservation of trees
shall comply with all applicable regulations of the Borough of Allendale and any other
entity having jurisdiction.
(3) Shade trees shall be provided along both sides of roadways at a ratio of at least one tree
for each 30 feet of roadway center line length (one tree for each 60 feet on each side).
All shade trees shall be at least three inches in caliper at the time of planting.
(4) Shade trees and shrubs shall be provided within and/or around the perimeter of parking
areas, except driveway parking. Shade trees shall be provided at a ratio of at least one
tree for each 10 parking spaces.
D. Access and circulation. The design of access and circulation improvements serving
development within the MFRO-2 District shall be in accordance with the New Jersey
Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.), and shall minimize
detrimental impacts to area streets and residential neighborhoods. The following additional
provisions shall apply:
Borough of Allendale, NJ
§ 270-191
§ 270-191
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(1) Location of access. Any development in the MFRO-2 District shall provide two means
of access; one at Canterbury Drive in Ramsey Borough and one at Ethel Avenue in
Allendale Borough. If feasible, access to Heights Road should be considered. Traffic
controls and limitations as to vehicular ingress and egress at such locations will be
determined by the Joint Land Use Board during the course of its site plan review, as
provided by the Municipal Land Use Law, local ordinances and applicable law. The
Board may require traffic studies, as it deems appropriate, in order to address issues
relating to traffic safety and the distribution and impact of traffic. The site's internal
circulation design shall incorporate measures designed to prevent through traffic by
nonresidents.
(2) Private streets. Private streets, roadways and other means of access shall be designed to
comply with all applicable laws, statutes, rules and regulations.
E.
Parking. The amount and design of on-site parking shall be provided in accordance with the
requirements of the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et
seq.). In addition, the following provisions shall apply:
(1) Parking areas shall not be located in the front yard between townhouse or apartment
buildings and public streets. Individual driveways serving townhouses or apartment
housing units shall not have direct access to a public street, but may have direct access
to an internal street, roadway, etc.
(2) Parking areas shall not be located between townhouse or apartment buildings and
internal streets, roadways, etc., except that parking spaces in the individual driveways
located in front of garage doors shall be permitted in such locations. Furthermore,
parking areas containing a single row (i.e., one side of the access aisle only) of up to 10
spaces shall be permitted in such locations.
(3) Parking areas and driveways shall be set back at least five feet from all property lines
abutting a nonresidential zone, and at least 20 feet from all other property lines, except
as may otherwise be required for buffers as set forth in § 270-190D.
(4) Parking areas shall be set back at least seven feet from building walls, except parking
spaces in driveways located in front of garage doors.
(5) Parking areas shall be set back at least 10 feet from the traveled way of internal streets,
roadways, etc., except that parking spaces adjacent to the traveled way and which use
the traveled way for direct access to the space shall be exempt from this requirement.
(6) Parking spaces and private driveways shall be paved in accordance with the
requirements for the same in the New Jersey Residential Site Improvement Standards
(N.J.A.C. 5:21-1 et seq.).
F.
Lighting. All exterior lighting shall be arranged to direct light away from all adjoining
premises.
(1) Unless specifically approved as part of a submitted site plan development application
by the applicable approving board, no lighting shall be attached to the roof of a building.
Borough of Allendale, NJ
§ 270-191
§ 270-191
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§ 270-192. Review requirements.
Prior to the issuance of any construction permit, the Joint Land Use Board, as applicable, shall
review and approve a final site plan for the entire project in accordance with the provisions of the
Land Subdivision and Site Plan Ordinance
1 and all other applicable ordinances of the Borough of
Allendale.
(2) Any lighting within a building shall be of an intensity and shall be designed and focused
to eliminate, to the maximum extent practicable, any emission of lighting outside of the
building; all lighting outside of a building shall be provided via lighting fixtures
approved by the applicable approving board, as part of an approval for a submitted site
plan development application. The applicant is required to submit a lighting plan
indicating the location of the lighting fixtures, the direction of illumination, the wattage
and isolux curves for each fixture, the hours of operation of the lighting and the details
of the lighting poles and the luminaries, all in accordance with the following:
(a) The lighting is to be provided by fixtures with a mounting height not higher than
15 feet, measured from the ground level to the centerline of the light source;
(b) The lighting fixtures are to include nonglare lights with recessed lenses focused
downward and with cut-off shields as appropriate in order to mitigate against
adverse impacts upon adjacent and nearby properties, the safety of traffic along
adjacent roadways and overhead sky glow;
(c) The light intensity provided at ground level shall be indicated in footcandles on the
submitted plans and shall average not more than 5/10 footcandle throughout the
area to be illuminated. The reviewing board may adjust these light levels where
deemed appropriate to reduce the effects of the light levels on surrounding
properties.
1.
Editor's Note: See Ch. 147, Land Subdivision and Site Plan Review.
Borough of Allendale, NJ
§ 270-191
§ 270-192
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Appendix
11. Existing/Adopted Chapter 270, Article XXXV
Allendale Corporate Center Inclusionary Overlay
Residential District of Borough Code.
ARTICLE XXXV
Allendale Corporate Center Inclusionary Overlay Residential District
[Adopted 9-27-2018 by Ord. No. 18-14]
§ 270-193. Purpose and area of application.
To address its affordable housing unmet need obligation, the Borough shall implement an
inclusionary Overlay Zone Ordinance that creates a realistic opportunity for housing that is
affordable to low- and moderate-income households on Block 702, Lot 14, also known as the
Allendale Corporate Center. This article establishes the Allendale Corporate Center Inclusionary
Overlay Zone the MFRO-3 District and permits the creation of multifamily development on the
property identified above provided that such housing complies with a required 20% inclusionary
set-aside requirement and with the requirements of this article. This article shall not take effect
until such time that the site ceases to be used for warehousing, distribution, and any ancillary
office use, or the site becomes available for residential development.
§ 270-194. Special rules.
§ 270-195. Primary intended uses.
§ 270-196. Accessory uses.
Permitted accessory uses shall be limited to those uses customarily incidental to the permitted
principal uses in the district, including but not limited to clubhouses, pools, tennis courts and
similar personal recreation facilities for the exclusive use of the residents and guests of the
development, etc.
§ 270-197. Prohibited uses.
Any use other than the uses permitted by §§ 270-195 and 270-196 shall be prohibited.
§ 270-198. Lot, bulk and intensity of use regulations.
All buildings shall be subject to the following regulations:
A. In any inclusionary development permitted by this article, at least 20% of the residential units
must be affordable to low- and moderate-income households. In the event that 20% of the
total number of residential units does not result in a full integer, the developer (as defined in
§ 81-2) shall refer to § 81-3C with regard to addressing the fractional unit.
(1) In any development having five or more residential units, at least one unit must be
established as affordable to low- and moderate-income households
B.
Where this article contradicts § 81-3 of the Borough's Affordable Housing Ordinance, the
effects and requirements of this article shall supersede the requirements of § 81-3.
A. Multifamily development, also known as apartments.
A. Maximum density. The maximum density of housing units shall be 12 units per acre.
Borough of Allendale, NJ
§ 270-193
§ 270-198
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B.
Principal building standards
(1) Maximum height of principal buildings: 35 feet in height or three stories.
(2) Minimum building setback to any property line or zone boundary shall be 50 feet
C.
Accessory buildings. Accessory buildings and structures shall comply with the following
minimum setback requirements:
(1) Forty feet from public streets; 20 feet from the traveled way of private internal streets,
roadways, etc.
(2) Thirty feet from all property lines other than public street right-of-way lines.
(3) Forty feet from residential buildings located in the MFRO-3 District.
D. Maximum impervious coverage by improvements. Not more than 60% of the tract area may
be occupied by buildings, paved areas and other improvements.
E.
Building separation. There shall be a separation of at least 40 feet between adjacent
multifamily buildings.
F.
Building scale. No building in the District shall exceed 150 feet in length.
G. Recreation areas. At least 5% of the gross site area shall be set aside for casual recreational
use, such as an open grassy area for games and other activities.
H. Landscaping. Attractive landscape plantings shall be provided and maintained, and existing
trees shall be retained wherever possible.
I.
Driveways. The right-of-way and pavement widths of all internal driveways shall be
adequate in size and location to accommodate the maximum anticipated traffic and access of
fire-fighting and police vehicles. Minimum paved width shall be 12 feet for a one-way
driveway and 20 feet for a two-way driveway.
J.
Lighting. All exterior lighting shall be arranged so as to reflect the light away from all
adjoining premises.
K. Minimum buffer. There shall be provided a buffer along all property lines, other than along
public streets, which adjoin any property zoned for residential purposes, regardless of
whether the residential zone is developed for residential use or not. The buffer shall be
designed to effectively screen the view of the MFRO-3 Zone property from such adjoining
residential zone during all seasons.
(1) The buffer shall be at least 25 feet in depth.
(2) No improvements shall be permitted within the buffer other than plantings, berms,
walls, fences or a combination of the foregoing, and when determined necessary by the
Joint Land Use Board utility structures, drainage pipes and related structures, etc.,
provided that such utility and drainage structures shall not reduce the effectiveness of
the buffer.
Borough of Allendale, NJ
§ 270-198
§ 270-198
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(3) In the event that berms, walls and fences are the primary method used for screening,
plantings shall also be required within the buffer for aesthetic reasons, as determined by
the Joint Land Use Board, as applicable. Plantings shall be provided between the tract
boundary and any walls or fences used for buffers in order to improve the appearance
of the wall or fence from outside the tract.
(4) In the event that plantings are the primary method used for screening, the plantings shall
include evergreen trees, with trees planted at a minimum height of six feet at the time of
planting. Additional plantings may be included or required, as determined by the Joint
Land Use Board, as applicable. The precise type, quantity and spacing of plantings in
the buffer shall be determined as part of any site plan review required by the Joint Land
Use Board as necessary to achieve the intent of this subsection.
(5) In the event that wetlands or other undevelopable areas exist in the location of a required
buffer, and such areas do not provide an effective buffer in their natural state, plantings
and/or berms and/or fencing, etc., sufficient to meet the intent of the buffer, as
determined by the joint Land Use Board, shall be required to be provided outside of
such undevelopable areas. The foregoing shall not be construed to require that such
additional plantings, etc., have a minimum depth of 20 feet. The nature and extent of the
buffer in such case shall be determined by the Joint Land Use Board based upon field
conditions.
L.
Building design.
(1) Apartment-only buildings containing flats shall be designed as follows:
(a) In buildings containing apartment flats stacked one unit over the other, the units
must be accessed via a common interior hallway with a single front and single rear
door.
(b) Buildings containing apartment flats shall contain a minimum of two and a
maximum of 16 dwelling units.
(2) No building facade shall exceed 150 feet in length.
(3) All residential buildings shall provide a staggered front-wall building setback of at least
five feet for every two units, so as to avoid a flat, continuous facade. For the purposes
of regulating facade articulation pursuant to this section, stacked apartment flats shall
constitute a single unit, so that multifamily buildings without townhouses appear similar
to buildings with townhouses.
M. Parking. The amount and design of on-site parking shall be provided in accordance with the
requirements of the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et
seq.). In addition, the following provisions shall apply:
(1) Parking areas shall not be located in the front yard between buildings and public streets.
Individual building driveways shall not have direct access to a public street, but may
have direct access to an internal street, roadway, etc.
(2) Parking areas shall not be located between buildings and internal streets, roadways, etc.,
Borough of Allendale, NJ
§ 270-198
§ 270-198
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except that parking spaces in the individual driveways located in front of garage doors
shall be permitted in such locations, and furthermore parking areas containing a single
row (i.e., one side of the access aisle only) of up to 10 spaces shall be permitted in such
locations.
(3) Parking areas and driveways shall be set back at least five feet from all property lines
abutting a nonresidential zone, and at least 20 feet from all other property lines, except
as may otherwise be required for buffers as set forth in § 270-198J.
(4) Parking areas shall be set back at least seven feet from building walls, except parking
spaces in driveways located in front of garage doors.
(5) Parking areas shall be set back at least 10 feet from the traveled way of internal streets,
roadways, etc., except that parking spaces adjacent to the traveled way and which use
the traveled way for direct access to the space shall be exempt from this requirement.
(6) Parking spaces and private driveways shall be paved in accordance with the
requirements for the same in the New Jersey Residential Site Improvement Standards
(N.J.A.C. 5:21-1 et seq.).
N. Lighting. All exterior lighting shall be arranged to direct light away from all adjoining
premises.
(1) Unless specifically approved as part of a submitted site plan development application
by the applicable approving board, no lighting shall be attached to the roof of a building.
(2) Any lighting within a building shall be of an intensity and shall be designed and focused
to eliminate, to the maximum extent practicable, any emission of lighting outside of the
building; all lighting outside of a building shall be provided via lighting fixtures
approved by the applicable approving board, as part of an approval for a submitted site
plan development application. The applicant is required to submit a lighting plan
indicating the location of the lighting fixtures, the direction of illumination, the wattage
and isolux curves for each fixture, the hours of operation of the lighting and the details
of the lighting poles and the luminaries, all in accordance with the following:
(a) The lighting is to be provided by fixtures with a mounting height not higher than
15 feet, measured from the ground level to the centerline of the light source;
(b) The lighting fixtures are to include nonglare lights with recessed lenses focused
downward and with cut-off shields as appropriate in order to mitigate against
adverse impacts upon adjacent and nearby properties, the safety of traffic along
adjacent roadways and overhead sky glow;
(c) The light intensity provided at ground level shall be indicated in footcandles on the
submitted plans and shall average not more than 5/10 footcandle throughout the
area to be illuminated. The reviewing board may adjust these light levels where
deemed appropriate to reduce the effects of the light levels on surrounding
properties.
Borough of Allendale, NJ
§ 270-198
§ 270-199
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§ 270-199. Site plan review and approval.
Prior to the issuance of any construction permit, the Joint Land Use Board shall review and
approve a final site plan for the entire project in accordance with the provisions of the Land
Subdivision and Site Plan Ordinance
1 and all other applicable ordinances of the Borough of
Allendale.
1.
Editor's Note: See Ch. 147, Land Subdivision and Site Plan Review.
Borough of Allendale, NJ
§ 270-199
§ 270-199
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Appendix
12. Allendale- 98 Elm Consent Order
~ 58 ~
Appendix
13.
Existing/Adopted Chapter 270, Article XXXVI
Franklin Turnpike Inclusionary Overlay Residential
District of Borough Code
ARTICLE XXXVI
Franklin Turnpike Inclusionary Overlay Residential District
[Added 9-27-2018 by Ord. No. 18-15]
§ 270-200. Purpose and area of application.
To address its affordable housing unmet need obligation, the Borough shall implement an
Inclusionary Overlay Zone Ordinance that creates a realistic opportunity for housing that is
affordable to low- and moderate-income households on Block 1803, Lot 1 also known as the
Church of the Guardian Angel, at 320 Franklin Turnpike. This article establishes the Franklin
Turnpike Inclusionary Overlay Zone - the MFRO-4 District, and permits the creation of
townhouse and multifamily housing on the property identified above provided that such housing
complies with a required 20% inclusionary set-aside requirement and with the requirements of this
article. This article will not take effect unless the church use ceases, or portions of the property
become released for residential development. In such an event, the church use may not be changed
to any other nonresidential use.
§ 270-201. Special rules.
§ 270-202. Primary intended uses.
The following principal uses and structures shall be permitted in the MFRO-4 Zone District:
§ 270-203. Accessory uses.
Permitted accessory uses shall be limited to those uses customarily incidental to the uses permitted
in this District, including but not limited to clubhouses, pools, tennis courts and similar personal
recreation facilities for the exclusive use of the residents and guests of the development, etc.
§ 270-204. Prohibited uses.
Any use other than the uses permitted by §§ 270-202 and 270-203 shall be prohibited.
A. In any inclusionary development permitted by this article, at least 20% of the residential units
must be affordable to low- and moderate-income households. In the event that 20% of the
total number of residential units does not result in a full integer, the developer/property owner
shall refer to § 81-3C with regard to addressing the fractional unit.
(1) In any development having five or more residential units, at least one unit must be
established as affordable to low- and moderate-income households
B.
Where this article contradicts § 81-3 of the Borough's Affordable Housing Ordinance, the
effects and requirements of this article shall supersede the requirements of § 81-3.
A. Multifamily development, also known as apartments or flats.
B.
Single-family attached dwellings, also known as townhouses.
Borough of Allendale, NJ
§ 270-200
§ 270-205
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§ 270-205. Lot, bulk and intensity of use regulations.
All buildings shall be subject to the following regulations:
A. Maximum density: 12 units per acre.
B.
Principal building standards
(1) Maximum height of principal buildings: 35 feet in height or 2 1/2 stories.
(2) Minimum front yard from Franklin Turnpike: 35 feet.
(3) Minimum front yard setback from interior driveways and roads: 20 feet from the
traveled way of private internal streets, roadways, etc.
(4) Minimum side yard to interior driveways and roads: 10 feet.
(5) Setback to residential zone districts: 50 feet.
(6) Rear yard setback: 25 feet.
C.
Accessory building standards. Accessory buildings and structures shall comply with the
following minimum setback requirements:
(1) Forty feet from public streets; 20 feet from the traveled way of private internal
driveways and roads.
(2) Thirty feet from all property lines other than public street right-of-way lines.
(3) Forty feet from residential buildings located in the MFRO-4 District.
D. Maximum coverage by improvements. Not more than 65% of the tract area may be occupied
by buildings, paved areas and other improvements. At least 35% of the tract area shall be
landscaped or, in the case of wetlands, wetland transition areas, water bodies or other
undevelopable areas, preserved in a natural condition.
E.
Minimum distance between buildings. The following minimum dimensions shall separate
principal buildings:
(1) Front wall facing front wall: 60 feet.
(2) Front wall facing rear wall: 50 feet.
(3) Front wall facing end/side wall: 35 feet.
(4) End/side wall facing end/side wall: 25 feet.
(5) End/side wall facing rear wall: 30 feet.
(6) Rear wall facing rear wall: 50 feet.
(7) In case of uncertainty as to the definition of "front," "rear," "end/side" wall or in case
the angle of the walls facing each other make interpretation of the required setbacks
uncertain, the more restrictive of possible interpretations shall apply.
Borough of Allendale, NJ
§ 270-205
§ 270-205
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F.
Building design.
(1) Apartment flat units may be located in buildings containing townhouse units. In such
buildings containing more than six total units, a minimum of 40% shall be townhouse
units. In such buildings containing up to six total units, a minimum of 33% shall be
townhouse units. There shall not be more than six buildings in the development
combining apartment flats and townhouse units that contain six or fewer total units.
(2) Apartment-only buildings and buildings containing townhouses and apartment flats
shall be designed in a manner that does not distinguish between the exterior design and
appearance of apartment and townhouse units.
(a) In buildings containing apartment flats and townhouses, apartment flats must be
incorporated into the building in a manner consistent with overall architectural
theme of the building and shall emulate the facade design and treatment of the
townhouse units in order to create the exterior appearance of a townhouse unit. If
apartment flats are stacked one unit over the other, the units must be accessed via
a common interior hallway with a single front and single rear door.
(b) Buildings containing apartment flats with or without attached townhouses shall
contain a minimum of two and a maximum of 12 dwelling units.
(3) Buildings containing all townhouse units shall contain a minimum of two and a
maximum of six dwelling units.
(4) No building facade shall exceed 150 feet in length.
(5) All residential buildings shall provide a staggered front-wall building setback of at least
five feet for every two units, so as to avoid a flat, continuous facade. Additionally, each
unit shall have not fewer than two walls with window exposure. For the purposes of
regulating facade articulation pursuant to this section, stacked apartment flats shall
constitute a single unit, so that multi family buildings without townhouses appear
similar to buildings with townhouses.
G. Buffer standards.
(1) Minimum buffer from residential zones: 25 feet
(2) No improvements shall be permitted within the buffer other than plantings, berms,
walls, fences or a combination of the foregoing, and when determined necessary by the
Joint Land Use Board utility structures, drainage pipes and related structures, etc.,
provided that such utility and drainage structures shall not reduce the effectiveness of
the buffer.
(3) In the event that berms, walls and fences are the primary method used for screening,
plantings shall also be required within the buffer for aesthetic reasons, as determined by
the Joint Land Use Board, as applicable. Plantings shall be provided between the tract
boundary and any walls or fences used for buffers in order to improve the appearance
of the wall or fence from outside the tract.
(4) In the event that plantings are the primary method used for screening, the plantings shall
Borough of Allendale, NJ
§ 270-205
§ 270-205
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include evergreen shrubs or trees at least six feet high at the time of planting. Additional
plantings may be included or required, as determined by the Joint Land Use Board, as
applicable. The precise type, quantity and spacing of plantings in the buffer shall be
determined as part of any site plan review required by the Joint Land Use Board as
necessary to achieve the intent of this subsection.
(5) In the event that wetlands or other undevelopable areas exist in the location of a required
buffer, and such areas do not provide an effective buffer in their natural state, plantings
and/or berms and/or fencing, etc., sufficient to meet the intent of the buffer, as
determined by the Joint Land Use Board shall be required to be provided outside of such
undevelopable areas. The foregoing shall not be construed to require that such
additional plantings, etc., have a minimum depth as prescribed herein. The nature and
extent of the buffer in such case shall be determined by the Joint Land Use Board based
upon field conditions.
H. Parking. The amount and design of on-site parking shall be provided in accordance with the
requirements of the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et
seq.). In addition, the following provisions shall apply:
(1) Parking areas shall not be located in the front yard between townhouse or apartment
buildings and public streets. Individual driveways serving townhouses or apartment
housing units shall not have direct access to a public street, but may have direct access
to an internal street, roadway, etc.
(2) Parking areas shall not be located between townhouse or apartment buildings and
internal streets, roadways, etc., except that parking spaces in the individual driveways
for townhouse and apartment units located in front of garage doors shall be permitted in
such locations, and furthermore parking areas containing a single row (i.e., one side of
the access aisle only) of up to 10 spaces shall be permitted in such locations.
(3) Parking areas and driveways shall be set back at least five feet from all property lines
abutting a nonresidential zone, and at least 20 feet from all other property lines, except
as may otherwise be required for buffers as set forth in § 270-205G.
(4) Parking areas shall be set back at least seven feet from building walls, except parking
spaces in driveways located in front of garage doors.
(5) Parking areas shall be set back at least 10 feet from the traveled way of internal streets,
roadways, etc., except that parking spaces adjacent to the traveled way and which use
the traveled way for direct access to the space shall be exempt from this requirement.
(6) Parking spaces and private driveways shall be paved in accordance with the
requirements for the same in the New Jersey Residential Site Improvement Standards
(N.J.A.C. 5:21-1 et seq.).
I.
Lighting. All exterior lighting shall be arranged to direct light away from all adjoining
premises.
(1) Unless specifically approved as part of a submitted site plan development application
by the applicable approving board, no lighting shall be attached to the roof of a building.
Borough of Allendale, NJ
§ 270-205
§ 270-205
Downloaded from https://ecode360.com/AL0255 on 2025-06-02
§ 270-206. Site plan review and approval.
Prior to the issuance of any construction permit, the Joint Land Use Board shall review and
approve a final site plan for the entire project in accordance with the provisions of the Land
Subdivision and Site Plan Ordinance
1 and all other applicable ordinances of the Borough of
Allendale.
(2) Any lighting within a building shall be of an intensity and shall be designed and focused
to eliminate, to the maximum extent practicable, any emission of lighting outside of the
building; all lighting outside of a building shall be provided via lighting fixtures
approved by the applicable approving board, as part of an approval for a submitted site
plan development application. The applicant is required to submit a lighting plan
indicating the location of the lighting fixtures, the direction of illumination, the wattage
and isolux curves for each fixture, the hours of operation of the lighting and the details
of the lighting poles and the luminaries, all in accordance with the following:
(a) The lighting is to be provided by fixtures with a mounting height not higher than
15 feet, measured from the ground level to the centerline of the light source;
(b) The lighting fixtures are to include nonglare lights with recessed lenses focused
downward and with cut-off shields as appropriate to mitigate against adverse
impacts upon adjacent and nearby properties, the safety of traffic along adjacent
roadways and overhead sky glow;
(c) The light intensity provided at ground level shall be indicated in footcandles on the
submitted plans and shall average not more than 5/10 footcandle throughout the
area to be illuminated. The reviewing board may adjust these light levels where
deemed appropriate to reduce the effects of the light levels on surrounding
properties.
1.
Editor's Note: See Ch. 147, Land Subdivision and Site Plan Review.
Borough of Allendale, NJ
§ 270-205
§ 270-206
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~ 59 ~
Appendix
14. Resolution Appointing Municipal Housing Liaison
~ 60 ~
Appendix
15.
Administrative Agents Contracts and Resolutions
TO BE PROVIDED
1
CONTRACT FOR THE ADMINISTRATION OF AFFORDABLE HOUSING UNITS
THIS CONTRACT, entered into as of this the day of
, 2018,
BETWEEN
Allendale Borough, a municipality and instrumentality of the State,
having offices at 500 West Crescent Avenue, Allendale Borough,
NJ, 07401 hereinafter called the "Borough"; and
Madeline Corporation, having offices at 555 10th Street, Palisades
Park, NJ 07650-2339, hereinafter called the “Administrative
Agent.”
WITNESSETH
WHEREAS, under authorization of the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301, et
seq., hereinafter the “Act”) the Borough is implementing a program to provide affordable
housing units to low- and moderate-income households desiring to live within the Borough; and
WHEREAS, at Title 5, Chapter 80, Subchapter 26 of the New Jersey Administrative Code
(“Uniform Housing Affordability Controls”, or “UHAC”), the State has promulgated
affordability controls in regulations designed to implement the Act, by assuring that low- and
moderate-income units that are created under the Act are occupied by low- and moderate-income
households for an appropriate period of time (the “Rules”); and
WHEREAS, the UHAC requirement at N.J.A.C. 5:80-26.3(d) requiring 10% of all low- and
moderate-income units to be set-aside for households earning less than 35% of regional median
income is superseded by the statutory requirement at N.J.S.A. 52:27D-329.1, and as reflected in
paragraphs 9 and 12 of the September 15, 2017 Settlement Agreement between the Borough and
Fair Share Housing Center (“FSHC”), which requires the Borough to set aside at least 13% of its
affordable units for very-low income households earning less than 30% of regional median
income; and
WHEREAS, Section 5:80-26.14 of the Rules provides that affordability controls may be
administered by an administrative agent acting on behalf of a municipality; and
WHEREAS, Madeline Corporation has submitted a proposal to provide affordable housing
Administrative Agent services to the Borough; and
WHEREAS, the Borough has selected Madeline Corporation to be the Administrative Agent for
the purposes of providing affordability control services for affordable units in the proposed
development at 220 West Crescent Avenue and for any affordable units generated from new
inclusionary development in the Borough resulting from the Borough-wide mandatory set-aside
requirement at §81-3 or the inclusionary overlay zoning ordinances in Chapter 270 of the
Borough Code.
2
NOW THEREFORE, subject to Superior Court approval, the Borough and the Administrative
Agent hereby agree to the following terms and conditions:
Section 1.
Term
This Contract shall become effective as of the day of
, 2018, and shall have
a term of 1 years, terminating at the close of business on the day of
, 2019,
subject to the termination and renewal provisions set forth in Section 4, below.
Section 2.
Applicability and Supersession
This Contract shall define and govern all terms between the parties with respect to affordability
controls for affordable housing units provided under the Act, and shall supersede all prior
contracts, agreements, or documents related thereto.
Section 3.
Agency and Enforcement Delegation
The Borough and the Administrative Agent acknowledge that under the Rules, the
Administrative Agent is acting hereunder primarily as an agent of the Borough. Anything herein
to the contrary notwithstanding, however, the Borough hereby delegates to the Administrative
Agent, and the Administrative Agent hereby accepts, primary responsibility for enforcing
substantive provisions of the Act and the Rules. The Borough, however, shall retain the ultimate
responsibility for ensuring effective compliance with the Rules and the Administrative Agent
will come under the supervision of the Municipal Housing Liaison.
Section 4.
Termination and Renewal
(1)
The Contract may be terminated at the discretion of the Borough with 30 days’ written
notice without cause and by Madeline Corporation with 90 days’ written notice without
cause, to the address and in the form as set forth in Section 8, below, provided however,
that no such termination may take effect unless and until an alternate Administrative
Agent has been selected by the Borough and approved by all required governmental
authorities.
(2)
Unless terminated, this Contract shall automatically be renewed for _______ successive
terms of _______ years each.
Section 5.
Assignment of Affordable Housing Units
For the term hereof, and without exception, this Contract shall govern the provision of
affordability control services for the following affordable housing units located within the
Borough and programs that fall under the jurisdiction of the Act:
(1)
220 West Crescent Avenue
3
(2)
Any affordable units created through inclusionary development requirements
established in the Borough Code.
Section 6.
Responsibilities of the Administrative Agent
The Administrative Agent shall perform the duties and responsibilities of an administrative agent
as are set forth in the Rules, including those set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof,
which includes:
(1)
Affirmative Marketing
(a)
Conducting an outreach process to insure affirmative marketing of affordable
housing units in accordance with the Affirmative Marketing Plan of Allendale
Borough and the provisions of N.J.A.C. 5:80-26.15;
(b)
Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved by
COAH, the Court, or another appropriate jurisdiction; and
(c)
Providing counseling or contracting to provide counseling services to low and
moderate income applicants on subjects such as budgeting, credit issues, rental
lease requirements, and landlord/tenant law.
(d)
As required by the September 15, 2017 Settlement Agreement between the
Borough and Fair Share Housing Center, and as further provided in the
Affirmative Marketing Plan adopted by the Joint Land Use Board on _______,
2018, the Administrative Agent shall reach out to Fair Share Housing Center, the
New Jersey State Conference of the NAACP, the Latino Action Network, Bergen
County Branch of the NAACP, the Bergen County Urban League, the Bergen
County Housing Coalition, and the Bergen County United Way as part of its
affirmative marketing strategy.
(2)
Household Certification
(a)
Soliciting, scheduling, conducting and following up on interviews with interested
households;
(b)
Conducting interviews and obtaining sufficient documentation of gross income
and assets upon which to base a determination of income eligibility for a low- or
moderate-income unit;
(c)
Providing written notification to each applicant as to the determination of
eligibility or non-eligibility;
4
(d)
Requiring that all certified applicants for restricted units execute a certificate
substantially in the form of rental certificates set forth in Appendix K of N.J.A.C.
5:80-26.1 et. seq.;
(e)
Creating and maintaining a referral list of eligible applicant households living in
the housing region and eligible applicant households with members working in
the housing region where the units are located; and
(f)
Employing a random selection process as provided in the Affirmative Marketing
Plan of Allendale Borough when referring households for certification to
affordable units.
(3)
Affordability Controls
(a)
Furnishing to attorneys or closing-agents forms of deed restrictions and
mortgages for recording at the time of conveyance of title of each restricted unit;
(b)
Creating and maintaining a file on each restricted unit for its control period,
including the recorded deed with restrictions, recorded mortgage and note, as
appropriate;
(c)
Ensuring that the removal of the deed restrictions and cancellation of the
mortgage note are effectuated and properly filed with the appropriate county’s
register of deeds or county clerk’s office after the termination of the affordability
controls for each restricted unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of Continuing Certificates of Occupancy or certifications
pursuant to N.J.A.C. 5:80-26.10.
(4)
Rental
(a)
Instituting and maintaining an effective means of communicating information
between owners and the Administrative Agent regarding the availability of
restricted units for rental; and
(b)
Instituting and maintaining an effective means of communicating information to
low- and moderate-income households regarding the availability of restricted
units for re-rental.
(6)
Enforcement
(a)
Securing from all developers and sponsors of restricted units, at the earliest point
of contact in the processing of the project or development, written
acknowledgement of the requirement that no restricted unit can be offered, or in
5
any other way committed, to any person, other than a household duly certified to
the unit by the Administrative Agent;
(b)
The posting annually in all rental properties, including two-family homes, of a
notice as to the maximum permitted rent together with the telephone number of
the Administrative Agent where complaints of excess rent can be made;
(c)
Sending annual mailings to all owners of affordable dwelling units, reminding
them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;
(d)
Establishing a program for diverting unlawful rent payments to the Borough's
affordable housing trust fund or other appropriate municipal fund approved by
the Court;
(f)
Creating and publishing a written operating manual, as approved by the Courts,
setting forth procedures for administering such affordability controls; and
(g)
Providing annual reports to the Courts and Fair Share Housing Center, and
posting the annual report on the Borough’s website by September 15th of every
year.
(7)
Records received, retained, retrieved, or transmitted under the terms of this contract may
constitute public records of Allendale Borough as defined by N.J.S.A. 47:3-16, and are
legal property of Allendale Borough. The Administrative Agent named in this contract
must agree to administer and dispose of such records in compliance with the State’s
public records laws and associated administrative rules.
(8)
The Administrative Agent shall have authority to take all actions necessary and
appropriate to carry out its responsibilities hereunder.
Section 7.
Responsibilities of The Borough
The Borough shall:
(1)
Provide to the Administrative Agent the name, title and telephone number of the
municipal official designated as the Municipal Housing Liaison to the Administrative
Agent on all matters related to this Contract;
(2)
Ensure that applicable local ordinances are not in conflict with, and enable efficient
implementation of, the Rules and the provisions of this Contract;
(3)
Monitor the status of all restricted units in the Borough’s Fair Share Plan;
(4)
Compile, verify, and submit annual reports as required by the Courts;
(5)
Coordinate meetings with affordable housing providers and Administrative Agents, as
applicable;
6
(6)
Develop an Affirmative Marketing Plan and distribute to the Administrative Agent;
(7)
Ensure that all restricted units are identified as affordable within the tax assessor’s office
and any Municipal Utility Authority (MUA). The Borough and MUA shall promptly
notify the Administrative Agent of a change in billing address, payment delinquency of
two billing cycles, transfer of title, or institution of a writ of foreclosure on all affordable
units; and
(8)
Provide all reasonable and necessary assistance to the Administrative Agent in support of
efforts to enforce provisions of the Act, the Rules, deed covenants, mortgages, court
decisions or other authorities governing the affordability control services to be provided
under the Agreement.
Section 8.
Notices
All notices and other written communications between the Borough and the Administrative
Agent shall be to the addresses and personnel specified below:
if to the Borough:
Allendale Municipal Building
500 West Crescent Avenue
Allendale, NJ 07401
Attn: Anne Dodd, Borough Clerk
if to the Administrative Agent:
Madeline Corporation
555 10th Street
Palisades Park, NJ 07650-2339
Attn: Shari DePalma, Executive Director
Section 9.
Non-Waiver of Conditions
The failure of either party to insist upon strict performance of any provision of this Contract in
any one or more instances shall not constitute a consent to waiver of or excuse for any other
different or subsequent breach of the same or other provision, nor as a result shall either party
relinquish any rights which it may have under this Contract. No terms or provisions hereof shall
be deemed waived and no breach excused unless such waiver or consent is in writing and signed
by the waiving party.
Section 10.
Merger and Amendment
This written Contract, together with its Exhibits, constitutes the sole contract between the parties
7
with respect to the matters covered therein, and no other written or oral communication exists
which shall bind the parties with respect thereto, provided however that this Contract may be
modified by written amendments clearly identified as such and signed by both the Borough and
the Administrative Agent.
Section 11.
Partial Invalidation of Contract
Should any provision of this Contract be deemed or held to be invalid, ineffective or
unenforceable, under present or future laws, the remainder of the provisions shall remain in full
force and effect.
IN WITNESS WHEREOF, the Borough and the Administrative Agent have executed this
Contract in triplicate as of the date first above written.
THE BOROUGH OF ALLENDALE
BY
Liz White
Mayor
MADELINE CORPORATION
BY
Shari DePalma
Executive Director
ACKNOWLEDGEMENTS
On this the day of
, 2018 before me came Liz White known and known to me
to be the Mayor of the Borough of Allendale, the Municipality identified as such in the foregoing
Contract, who states that (s)he is duly authorized to execute said Contract on behalf of said
Municipality, and that (s)he has so executed the foregoing Contract for the purposes stated
therein.
_____________________________________________________
NOTARY PUBLIC
On this the day of
, 2018 before me came Shari DePalma, known and known to me to
be the Executive Director of Madeline Corporation, the Administrative Agent identified as such
in the foregoing Contract, who states that (s)he has signed said Contract on behalf of said
Administrative Agent for the purposes stated therein.
_____________________________________________________
NOTARY PUBLIC
BOROUGH OF ALLENDALE
COUNTY OF BERGEN
DATE:
RESOLUTION# _______
RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF ALLENDALE,
BERGEN COUNTY, AUTHORIZING ENTERING INTO A CONTRACT WITH AN
ADMINISTRATIVE AGENT FOR THE ADMINISTRATION OF AFFORDABLE UNITS
WHEREAS, in an order dated January 10, 2018, the Superior Court approved the
Settlement Agreement (“Agreement”) between the Borough of Allendale (“Borough”) and Fair
Share Housing Center (“FSHC”), which included the Borough’s preliminary compliance
measures; and
WHEREAS, on June 20, 2018 the Joint Land Use Board of the Borough of Allendale
adopted the Borough’s 2018 Third Round Housing Element and Fair Share Plan (“Plan”); and
WHEREAS, the Borough Council endorsed the Plan on June 28, 2018 at a properly-
noticed public meeting; and
WHEREAS, the Mayor and Council of the Borough of Allendale wish to enter into a
contract with Madeline Corporation for the purpose of administering and enforcing the
affordability controls and the Affirmative Marketing Plan of the Borough of Allendale, in
accordance with the regulations of the Council on Affordable Housing pursuant to N.J.A.C. 5:93
et seq., the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26.1
et seq., and the Borough’s responsibilities as established by the Settlement Agreement executed
on September 15, 2017; and
WHEREAS, the UHAC requirement at N.J.A.C. 5:80-26.3(d) requiring 10% of all low-
and moderate-income units to be set-aside for households earning less than 35% of regional
median income is superseded by the statutory requirement at N.J.S.A. 52:27D-329.1, and as
reflected in paragraphs 9 and 12 of the Settlement Agreement executed on September 15, 2017
Council
Moved
Second
Yes
No
Abstain
Absent
Bernstein
Homan
O’Connell
Sasso
Strauch
Wilczynski
Mayor White
between the Borough and FSHC, which requires the Borough to set aside at least 13% of its
affordable units for very-low income households earning less than 30% of regional median
income; and
WHEREAS, the contract designates Madeline Corporation as the Administrative Agent
for four (4) affordable age-restricted rental units at 220 West Crescent Avenue and any
affordable units created through inclusionary development requirements established in the
Borough Code.
NOW THEREFORE BE IT RESOLVED, that subject to the Court’s approval of this
contract, the Mayor and Borough Clerk are hereby authorized to sign this contract dated
_______________; and
BE IT FURTHER RESOLVED, the Borough of Allendale hereby designates the
Municipal Housing Liaison as the liaison to Madeline Corporation; and
BE IT FURTHER RESOLVED, this contract is hereby attached to the original of this
resolution.
I hereby certify the above to be a true copy of a Resolution adopted by the Governing Body of
the Borough of Allendale on June 28, 2018.
___________________________________
Anne Dodd, RMC
Municipal Clerk
BOROUGH OF ALLENDALE
COUNTY OF BERGEN
DATE:
RESOLUTION# _______
RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF ALLENDALE,
BERGEN COUNTY, APPOINTING AN ADMINISTRATIVE AGENT FOR THE
ADMINISTRATION OF THE BOROUGH’S AFFORDABLE HOUSING PROGRAM
WHEREAS, in an order dated January 10, 2018 the Superior Court approved the
Settlement Agreement (“Agreement”) between the Borough of Allendale (“Borough”) and Fair
Share Housing Center (“FSHC”), which included the Borough’s preliminary compliance
measures; and
WHEREAS, on June 20, 2018 the Joint Land Use Board of the Borough of Allendale
(“Joint Land Use Board”) adopted the Borough’s 2018 Third Round Housing Element and Fair
Share Plan (“Plan”); and
WHEREAS, the Borough Council endorsed the Plan on June 28, 2018 at a properly-
noticed public meeting; and
WHEREAS, under authorization of the New Jersey Fair Housing Act (N.J.S.A. 52:27D-
301, et seq., hereinafter the “Act”) the Borough is implementing a program to provide affordable
housing units to very-low, low- and moderate-income households desiring to live within the
Borough; and
WHEREAS, at Title 5, Chapter 80, Subchapter 26 of the New Jersey Administrative
Code, the State has promulgated affordability controls in regulations designed to implement the
Act, by assuring that low- and moderate-income units that are created under the Act are occupied
by low- and moderate-income households for an appropriate period of time (the “Rules”); and
WHEREAS, Section 5:80-26.14 of the Rules provides that affordability controls shall be
administered by an administrative agent acting on behalf of a municipality; and
Council
Moved
Second
Yes
No
Abstain
Absent
Bernstein
Homan
O’Connell
Sasso
Strauch
Wilczynski
Mayor White
WHEREAS, the UHAC requirement at N.J.A.C. 5:80-26.3(d) requiring 10% of all low-
and moderate-income units to be set-aside for households earning less than 35% of regional
median income is superseded by the statutory requirement at N.J.S.A. 52:27D-329.1, and as
reflected in paragraphs 9 and 12 of the Settlement Agreement executed on September 15, 2017
between the Borough and FSHC, which requires the Borough to set aside at least 13% of its
affordable units for very-low income households earning less than 30% of regional median
income; and
WHEREAS, the Borough has selected Madeline Corporation (hereinafter referred to as
“Administrative Agent”) to be the Administrative Agent for the purposes of providing
affordability control services four (4) affordable age-restricted rental units at 220 West Crescent
Avenue and any affordable units created through inclusionary development requirements
established in the Borough Code; and
WHEREAS, the Administrative Agent shall perform the duties and responsibilities of an
administrative agent as are set forth in the Rules, including those set forth in Sections 5:80-26.14,
16 and 18 thereof, which includes:
(1)
Affirmative Marketing
(a)
Conducting an outreach process to insure affirmative marketing of affordable
housing units in accordance with the Affirmative Marketing Plan of Allendale
Borough and the provisions of N.J.A.C. 5:80-26.15;
(b)
Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved by
COAH, the Court, or another appropriate jurisdiction; and
(c)
Providing counseling or contracting to provide counseling services to low and
moderate income applicants on subjects such as budgeting, credit issues, rental
lease requirements, and landlord/tenant law.
(d)
As required by the September 15, 2017 Settlement Agreement between the
Borough and Fair Share Housing Center, and as further provided in the
Affirmative Marketing Plan adopted by the Joint Land Use Board on _______,
2018, the Administrative Agent shall reach out to Fair Share Housing Center, the
New Jersey State Conference of the NAACP, the Latino Action Network, Bergen
County Branch of the NAACP, the Bergen County Urban League, the Bergen
County Housing Coalition, and the Bergen County United Way as part of its
affirmative marketing strategy.
(2)
Household Certification
(a)
Soliciting, scheduling, conducting and following up on interviews with interested
households;
(b)
Conducting interviews and obtaining sufficient documentation of gross income
and assets upon which to base a determination of income eligibility for a low- or
moderate-income unit;
(c)
Providing written notification to each applicant as to the determination of
eligibility or non-eligibility;
(d)
Requiring that all certified applicants for restricted units execute a certificate
substantially in the form of rental certificates set forth in Appendix K of N.J.A.C.
5:80-26.1 et. seq.;
(e)
Creating and maintaining a referral list of eligible applicant households living in
the housing region and eligible applicant households with members working in
the housing region where the units are located; and
(f)
Employing a random selection process as provided in the Affirmative Marketing
Plan of Allendale Borough when referring households for certification to
affordable units.
(3)
Affordability Controls
(a)
Furnishing to attorneys or closing-agents forms of deed restrictions and
mortgages for recording at the time of conveyance of title of each restricted unit;
(b)
Creating and maintaining a file on each restricted unit for its control period,
including the recorded deed with restrictions, recorded mortgage and note, as
appropriate;
(c)
Ensuring that the removal of the deed restrictions and cancellation of the
mortgage note are effectuated and properly filed with the appropriate county’s
register of deeds or county clerk’s office after the termination of the affordability
controls for each restricted unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of Continuing Certificates of Occupancy or certifications
pursuant to N.J.A.C. 5:80-26.10.
(4)
Rental
(a)
Instituting and maintaining an effective means of communicating information
between owners and the Administrative Agent regarding the availability of
restricted units for rental; and
(b)
Instituting and maintaining an effective means of communicating information to
low- and moderate-income households regarding the availability of restricted
units for re-rental.
(6)
Enforcement
(a)
Securing from all developers and sponsors of restricted units, at the earliest point
of contact in the processing of the project or development, written
acknowledgement of the requirement that no restricted unit can be offered, or in
any other way committed, to any person, other than a household duly certified to
the unit by the Administrative Agent;
(b)
The posting annually in all rental properties, including two-family homes, of a
notice as to the maximum permitted rent together with the telephone number of
the Administrative Agent where complaints of excess rent can be made;
(c)
Sending annual mailings to all owners of affordable dwelling units, reminding
them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;
(d)
Establishing a program for diverting unlawful rent payments to the Borough's
affordable housing trust fund or other appropriate municipal fund approved by
the Court;
(f)
Creating and publishing a written operating manual, as approved by the Courts,
setting forth procedures for administering such affordability controls; and
(g)
Providing annual reports to the Court and Fair Share Housing Center, and posting
the annual report on the Borough’s website by September 15th of every year.
(7)
Records received, retained, retrieved, or transmitted under the terms of this contract may
constitute public records of Allendale Borough as defined by N.J.S.A. 47:3-16, and are
legal property of Allendale Borough. The Administrative Agent named in this contract
must agree to administer and dispose of such records in compliance with the State’s
public records laws and associated administrative rules.
(8)
The Administrative Agent shall have authority to take all actions necessary and
appropriate to carry out its responsibilities hereunder.
NOW THEREFORE BE IT RESOLVED, by the Borough Council of the Borough of
Allendale in the County of Bergen, and the State of New Jersey that Madeline
Corporation is hereby appointed by the Borough Council of the Borough of Allendale as
the Administrative Agent for the administration of the Borough’s affordable housing
program.
I hereby certify the above to be a true copy of a Resolution adopted by the Governing Body of
the Borough of Allendale on June 28, 2018.
___________________________________
Anne Dodd, RMC
Municipal Clerk
~ 61 ~
Appendix
16. Administrative Agent Manual and Affirmative
Marketing Plan
1
AFFIRMATIVE FAIR HOUSING MARKETING PLAN
For Affordable Housing in (REGION 1)
I. APPLICANT AND PROJECT INFORMATION
(Complete Section I individually for all developments or programs within the municipality.)
1a. Administrative Agent Name, Address, Phone
Number
Piazza & Associates, Inc.
Tel: 609-786-1100 Fax: 609-786-1105
216 Rockingham Row, Princeton, NJ 08540
fpiazza@PiazzaNJ.com
1b. Development or Program Name, Address
Garden Homes/The Whitney
Whitney Lane
1c.
Number of Affordable Units: 12
Number of Rental Units: 12
Number of For-Sale Units:
1d. Price or Rental Range
From
To
1e. State and Federal Funding
Sources (if any)
1f.
□ Age Restricted
x Non-Age Restricted
1g. Approximate Starting Dates
Advertising: Occupied Occupancy: Occupied
1h. County
Bergen, Hudson, Passaic, Sussex
1i. Census Tract(s):
Block 2101, Lots 1-3, 5-7
1j. Managing/Sales Agent’s Name, Address, Phone Number
Whitney at Allendale
2006 Whitney Lane
Allendale, NJ
Telephone Number: 201-236-1600
Fax Number: 201-236-2300
1k. Application Fees (if any):
1a. Administrative Agent Name, Address, Phone
Number
Housing Affordability Service
637 South Clinton Avenue,
Trenton, NJ 08650
Phone: 609-278-7505
1b. Development or Program Name, Address
Allendale Brook Estates
1c.
Number of Affordable Units: 9
Number of Rental Units:
Number of For-Sale Units: 9
1d. Price or Rental Range
From $69,743
To $154,238
1e. State and Federal Funding
Sources (if any)
1f.
□ Age Restricted
x Non-Age Restricted
1g. Approximate Starting Dates
Advertising: Occupied Occupancy: Occupied
1h. County
Bergen, Hudson, Passaic, Sussex
1i. Census Tract(s):
Block 2101, Lot 9
2
1j. Managing/Sales Agent’s Name, Address, Phone Number
1k. Application Fees (if any):
1a. Administrative Agent Name, Address, Phone
Number
Housing Affordability Service
637 South Clinton Avenue,
Trenton, NJ 08650
Phone: 609-278-7505
1b. Development or Program Name, Address
Saddle Dale
Elm Street
1c.
Number of Affordable Units: 3
Number of Rental Units:
Number of For-Sale Units: 3
1d. Price or Rental Range
From
To
1e. State and Federal Funding
Sources (if any)
1f.
□ Age Restricted
x Non-Age Restricted
1g. Approximate Starting Dates
Advertising: Occupied Occupancy: Occupied
1h. County
Bergen, Hudson, Passaic, Sussex
1i. Census Tract(s):
Block 1809, Lot 8
1j. Managing/Sales Agent’s Name, Address, Phone Number
1k. Application Fees (if any):
1a. Administrative Agent Name, Address, Phone
Number
Housing Affordability Service
637 South Clinton Avenue,
Trenton, NJ 08650
Phone: 609-278-7505
1b. Development or Program Name, Address
Crescent Commons Family Affordable
101-106 Crescent Commons Court
1c.
Number of Affordable Units: 6
Number of Rental Units:
Number of For-Sale Units: 6
1d. Price or Rental Range
From
To
1e. State and Federal Funding
Sources (if any)
1f.
□ Age Restricted
x Non-Age Restricted
1g. Approximate Starting Dates
Advertising: Occupied Occupancy: Occupied
1h. County
Bergen, Hudson, Passaic, Sussex
1i. Census Tract(s):
Block 904, Lot 10.01
1j. Managing/Sales Agent’s Name, Address, Phone Number
1k. Application Fees (if any):
3
1a. Administrative Agent Name, Address, Phone
Number
BCUW/Madeline Housing Partners, LLC
6 Forest Avenue
Suite 210
Paramus, NJ 07652
1b. Development or Program Name, Address
Crescent Commons Special Needs
343 West Crescent Avenue
400 Crescent Commons Court
1c.
Number of Affordable Units: 27
Number of Rental Units: 27
Number of For-Sale Units:
1d. Price or Rental Range
From
To
1e. State and Federal Funding
Sources (if any)
1f.
□ Age Restricted
x Non-Age Restricted
1g. Approximate Starting Dates
Advertising: Occupied Occupancy: Occupied
1h. County
Bergen, Hudson, Passaic, Sussex
1i. Census Tract(s):
Block 904, Lot 10.02, 14, 31
1j. Managing/Sales Agent’s Name, Address, Phone Number
1k. Application Fees (if any):
1a. Administrative Agent Name, Address, Phone
Number
BCUW/Madeline Housing Partners, LLC
6 Forest Avenue
Suite 210
Paramus, NJ 07652
1b. Development or Program Name, Address
Orchard Commons
289-299 Franklin Tpke
1c.
Number of Affordable Units: 10
Number of Rental Units: 10
Number of For-Sale Units:
1d. Price or Rental Range
From
To
1e. State and Federal Funding
Sources (if any)
1f.
□ Age Restricted
x Non-Age Restricted
1g. Approximate Starting Dates
Advertising: Occupied Occupancy: Occupied
1h. County
Bergen, Hudson, Passaic, Sussex
1i. Census Tract(s):
Block 1806, Lot 10.01
1j. Managing/Sales Agent’s Name, Address, Phone Number
1k. Application Fees (if any):
4
1a. Administrative Agent Name, Address, Phone
Number
BCUW/Madeline Housing Partners, LLC
6 Forest Avenue
Suite 210
Paramus, NJ 07652
1b. Development or Program Name, Address
Allendale Senior Housing
1-16 Ceback Court
1c.
Number of Affordable Units: 16
Number of Rental Units: 16
Number of For-Sale Units:
1d. Price or Rental Range
From
To
1e. State and Federal Funding
Sources (if any)
1f.
x Age Restricted
□ Non-Age Restricted
1g. Approximate Starting Dates
Advertising: Occupied Occupancy: Occupied
1h. County
Bergen, Hudson, Passaic, Sussex
1i. Census Tract(s):
Block 1806, Lot 10.01
1j. Managing/Sales Agent’s Name, Address, Phone Number
1k. Application Fees (if any):
1a. Administrative Agent Name, Address, Phone
Number
Madeline Corporation
555 10th Street
Palisades Park, NJ 07650-2339
Phone: 201.944.3222
Fax: 201.944.3422
Email: SDePalma@MadelineCorp.com
1b. Development or Program Name, Address
220 West Crescent Avenue
1c.
Number of Affordable Units: 4
Number of Rental Units: 4
Number of For-Sale Units:
1d. Price or Rental Range
From
To
1e. State and Federal Funding
Sources (if any)
1f.
X Age Restricted
□ Non-Age Restricted
1g. Approximate Starting Dates
Advertising: Occupancy:
1h. County
Bergen, Hudson, Passaic, Sussex
1i. Census Tract(s):
1j. Managing/Sales Agent’s Name, Address, Phone Number
1k. Application Fees (if any):
5
(Sections II through IV should be consistent for all affordable housing developments and programs within the
municipality. Sections that differ must be described in the approved contract between the municipality and the
administrative agent and in the approved Operating Manual.)
II. RANDOM SELECTION
2a. All programs listed herein shall give preference to households from Region 1.
2b. Describe the random selection process that will be used once applications are received.
a) An initial deadline date, no less than 60 days after the start of the marketing process, will be
established. All of the preliminary applications received by the administrative agent, on or
before the initial deadline date, shall be deemed received on that date.
b) Households that apply for very-low, low- and moderate- income housing will be prescreened by
the administrative agent for preliminary income eligibility by comparing their total income and
household size to the very-low-, low- and moderate- income limits adopted by COAH or their
successors, and other program restrictions that may apply. All households will be notified as to
their preliminary status.
c) A drawing will be held under the direction of the administrative agent to determine the priority
order of the prequalified applications received on or before the initial deadline date. All
preliminary applications received after the initial deadline, will be processed on a "first come,
first served" basis.
d) In order to ensure an adequate supply of qualified applicants, the advertising phase will
continue until there are at least ten (10) pre-qualified applicants for each low and moderate
income unit available, or until applicants have been approved for all of the low and moderate
income units within the development.
e) Final applications will be mailed by the administrative agent to an adequate number of pre-
qualified applicants, in priority order, for each available low and moderate income unit. The
final application will require the applicants to supply documents to verify their identity and
household composition as well as their income and assets.
f)
Completed final applications will be forwarded to the administrative agent. The administrative
agent will make a determination as to their eligibility for a low or moderate income unit.
Applicants will receive a letter from the administrative agent with respect to the status of their
application each time a review is performed.
g) At the same time, applicants will also be subject to any criteria set forth by the administrative
agent, such as credit worthiness, etc. The criteria shall comply with all fair housing standards
and be set forth in a policy statement made available to all applicants in the leasing office. The
administrative agent will be responsible for the assessment of all criteria beyond the income
and household size criteria set forth by the Uniform Housing Affordability Controls and COAH
rules.
h)
Subsequent to the initial rent-up period, a list of pre-qualified applicants will be maintained by
the administrative agent for each type of low and moderate income unit.
6
III. MARKETING
3a. Direction of Marketing Activity: Based on demographic data from the 2010 census, this table provides a
comparison of race and ethnic origin between COAH Housing Region 1 and the Borough of Allendale. The most
significant negative differences point to the greatest need for affirmative marketing. In this case, African Americans
(11%); Persons falling into the “Some Other Race” cohort (12.4%); and especially Hispanic (-26.2%) represent the
clearest differences between the municipality and the region.
Differe
nce
□ White (non-Hispanic) x Black (non-Hispanic) x Hispanic □ American Indian or Alaskan Native
x Asian or Pacific Islander x Other group:
3b. Commercial Media (required) (check all that apply)
DURATION &
FREQUENCY OF
OUTREACH
NAMES OF REGIONAL
NEWSPAPER(S)
CIRCULATION AREA
TARGETS ENTIRE COAH REGION 1
Web Listings
x
On-going
njHousing.gov
Entire State
x
On-going
Housingquest.com
Entire State
7
TARGETS ENTIRE COAH REGION 1
Daily Newspaper
x
Once at the start of the
marketing phase.
Additional as needed.
Star-Ledger
Northern and Central N
J
TARGETS PARTIAL COAH REGION 1
Daily Newspaper
x
Once at the start of the
marketing phase.
Additional as needed.
Record, The
Bergen
x
Once at the start of the
marketing phase.
Additional as needed.
Ridgewood News
x
Once at the start of the
marketing phase.
Additional as needed.
Jersey Journal
Hudson
x
Once at the start of the
marketing phase.
Additional as needed.
Herald News
Passaic
x
Once at the start of the
marketing phase.
Additional as needed.
New Jersey Herald
Sussex
DURATION &
FREQUENCY OF
OUTREACH
NAMES OF TV
STATIONS
BROADCAST AREA
TARGETS COAH REGION 1
TV
□
2 WCBS-TV
CBS Broadcasting
Entire COAH Region 1
□
4 WNBC
NBC Telemundo
License Co.
Entire COAH Region 1
□
5 WNYW Fox
Television Stations,
Inc. (News Corp,)
□
11 WPIX
WPIX Inc.
□
12
News 12
Statewide
□
13 WNET
Educational
Broadcasting
Corporation
□
25 WNYE-TV
□
31 WPXN TV
□
7 WABC TV
□
40WXTV
Spanish
□
WFUT 30
Spanish
8
DURATION &
FREQUENCY OF
OUTREACH
NAMES OF REGIONAL
RADIO STATION(S)
BROADCAST AREA
AND/OR
RACIAL/ETHNIC
IDENTIFICATION OF
READERS/AUDIENCE
TARGETS COAH REGION 1
AM
□
WOR 710
□
WABC 770
□
WCBS 880
□
WBBR 1130
□
WNYC 820
□
WWDJ 970
Christian
□
WINS 1010
□
WADO 1280
Spanish
□
WFAN 60
FM
□
WAWZ 99.1
Christian
x
WXKW101.5
Region
□
WCBS-FM 101.1
□
WFDU 89.1
□
WHTZ 100.3
□
WHUD 100.7
□
WKTU 103.5
□
WNEW 102.7
□
WNJP 91.5
□
WPAT 93.1
Spanish
□
WFAN 101.9
□
WQHT 97.1
□
WSKQ-FM 97.9
Spanish
9
3c. Other Publications (such as neighborhood newspapers, religious publications, and organizational newsletters)
(Check all that applies)
NAME OF
PUBLICATIONS
OUTREACH AREA
RACIAL/ETHNIC
IDENTIFICATION OF
READERS/AUDIENCE
TARGETS ENTIRE COAH REGION 1
Bi-Monthly
x
Once at the start of the
affirmative marketing
process.
Al Manassah
Arab-American
Monthly
x
Once at the start of the
affirmative marketing
process.
Sino Monthly
North Jersey/NYC area
Chinese-American
TARGETS PARTIAL COAH REGION 1
Daily
□
24 Horas
Bergen, Essex, Hudson,
Middlesex, Passaic,
Union Counties
Portuguese-Language
Weekly
□
Arab Voice
Newspaper
North Jersey/NYC area
Arab-American
x
Once at the start of the
affirmative marketing
process.
Desi Talk
Regional
Indian American
□
La Voz
Hudson, Union,
Middlesex Counties
Cuban community
□
Italian Tribune
North Jersey/NYC area
Italian community
□
Jewish Standard
Bergen, Passaic,
Hudson Counties
Jewish community
□
El Especialito
Union City
Spanish-Language
□
El Nuevo
Hudson County
Spanish-Language
x
Once at the start of the
affirmative marketing
process.
Reporte Hispano
Regional
Spanish-Language
□
Su Guia
Bergen and Passaic
Spanish-Language
□
Banda Oriental
Latinoamérica
North Jersey/NYC area
South American
community
□
Ukranian
Weekly
New Jersey
Ukranian community
3d. Community Contacts (names of community groups/organizations throughout the housing
region that will be directly notified of the availability of affordable units and will be contacted
to post advertisements and distribute flyers regarding available affordable housing)
10
Name of Group/Organization
Outreach Area
Racial/Ethnic
Identification of
Readers/Audience
Duration &
Frequency of
Outreach
x
Bergen County Board of Social
Services
216 Route 17 N.
Rochelle Park, NJ 07662-3300
Tel 201-368-4200
x
Bergen County Housing Authority
25 Rockwood Pl Ste 110
Englewood, NJ 07631
x
Hudson County Office on Aging
595 Newark Avenue
Jersey City, NJ 07306
x
Sussex County Office on Aging
1 Cochran Plaza
2nd Floor
Newton, NJ 07860
x
Passaic County Office on Aging
209 Totowa Rd.
Wayne, NJ 07470
x
Bergen County Housing Coalition
389 Main Street
Hackensack, NJ 07601
x
Urban League of Bergen County
106 West Palisade Avenue
Englewood, NJ 07631
Tel: (201) 568-4988
x
Urban League of Hudson County
(Jersey City)
253 Martin Luther King Dr.
Jersey City, NJ 07305
x
SERV Behavioral Health
20 Scotch Rd.
West Trenton, NJ 08628
x
Bergen County Department of Senior
Services / Aging & Disability
Resource Connection
One Bergen County Plaza
2nd Floor
Hackensack, NJ 07601
Ph: 201-336-7400
Fx: 201-336-7424
x
Bergen County Housing, Health, and
Human Services Center
120 South River St.
Hackensack, NJ 07601
Ph: 201-336-6475
Fx: 201-488-9298
x
Fair Share Housing Center
510 Park Boulevard
Cherry Hill, NJ 08002
x
NJ State Conference of the NAACP
13 West Front Street
11
Trenton, New Jersey 08608
x
Latino Action Network
PO Box 943
Freehold, NJ 07728
Hispanic/Latino
x
Bergen County Branch of NAACP
PO Box 1136
Teaneck, NJ 07666
201-814-4270
x
Bergen County United Way
Bergen County's United Way
6 Forest Avenue, Paramus, NJ 07652
x
Bergen County Department of
Veterans Services
One Bergen County Plaza (2nd
Floor)
Hackensack, NJ 07601
Phone: 201-336-6325
Fax: 201-336-6327
E-Mail: veterans@co.bergen.nj.us
x
V.F.W. Department of New Jersey
171 Jersey Street Bldg. #5, 2nd Floor
Trenton, NJ 08611
Phone: (609) 393-1929
Email: depthq@njvfw.com
x
American Legion Department of
New Jersey
171 Jersey Street Bldg. #5, 2nd Floor
Trenton, NJ 08611
Phone: 609-695-5418
Fax: 609-394-1532
E-mail:
adjutant@njamericanlegion.org
x
New Jersey Community
Development Corporation
32 Spruce Street
Paterson, New Jersey 07501
x
Northwest New Jersey Community
Action Program, Inc. (Philipsburg)
350 Marshall St
Phillipsburg, NJ 08865-3273
x
Catholic Charities (Diocese of
Newark)
321 Central Ave
Newark, NJ 07103
(973) 268-2403
x
Catholic Family & Community
Services (Diocese of Paterson)
24 DeGrasse Street
Paterson, NJ 07505-2001
x
Lutheran Ministries of New Jersey
(Trenton)
1056 Stuyvesant Ave
Trenton, NJ 08618
(609) 392-0156
12
x
Habitat for Humanity
10 Banta Place
Hackensack, NJ 07601
x
Interreligious Fellowship for the
Homeless of Bergen County
479 Maitland Avenue
Teaneck, NJ 07666
x
SonRise Development Corp.
351 Englewood Ave.
Englewood, NJ 07631
x
Episcopal Community Development,
Inc.
31 Mulberry St.
Newark, NJ 07102
x
Fairmont Housing Corp.
270 Fairmont Ave.
Jersey City, NJ 07306
x
Jersey City Episcopal CDC
514 Newark Ave.
Jersey City, NJ 07306
x
Monticello Community Development
Corp.
99 Monticello Ave.
Jersey City, NJ 07304
x
St. Joseph House
81 York Street
Jersey City, NJ 07302
x
SEED Corp.
333 Dodd Street
Suite 3
East Orange, NJ 07017
x
Paterson Habitat for Humanity
146 North 1st Street
PO BOX 2585
Paterson, NJ 07509
x
St. Paul’s Community Development
Corp.
451 Van Houten St.
Paterson, NJ 07501
x
New Jersey Tenant Organization
389 Main Street
Hackensack, NJ 07601
x
New Jersey Citizen Action
744 Broad Street
#2060
Newark, NJ 07102
x
Johnson Free Public Library
274 Main Street
Hackensack, NJ 07601
x
Hudson County Library
25 Journal Sq
Jersey City, NJ 07306
x
Passaic NAACP
President: Calvin Merritt
PO Box 1600
Passaic 07055
13
x
Paterson NAACP
President: Rev. Kenneth Clayton
PO Box AQ
Paterson 07509
x
Warren/Sussex County NAACP
President: Charles Boddy
PO Box 229
Washington 07882
x
Bayonne NAACP
President: Al Strickland
PO Box 1764
1195 East 21st Street
Bayonne 07002
x
Hoboken NAACP
President: Eugene Drayton
MPO 1219
Hoboken 07030
201-420-1906
Fax:
Email: gedrayton@aol.com
x
Jersey City NAACP
President: William Braker
153 Martin Luther King Drive
Jersey City 07305
3e. Employer Outreach (names of employers throughout the housing region that can be contacted to
post advertisements and distribute flyers regarding available affordable housing) (Check all that
applies)
DURATION &
FREQUENCY OF
OUTREACH
NAME OF EMPLOYER/COMPANY
LOCATION
Hudson County
x
United Parcel Service Inc. NY Corp
492 County Ave, Secaucus
x
USPS
80 County Road, Jersey City
x
Ritter Sysco Food Service
20 Theodore Conrad Dr. Jersey
City
x
Jersey City Medical Center Inc.
50 Grand St, Secaucus
x
Marsh USA Inc.
121 River St, Hoboken
x
Port Authority of NY and NJ
241 Erie St. Jersey City and 120
Academy St. Jersey City
x
Bayonne Hospital
29th Street and Ave E, Bayonne
x
National Financial Service
1000 Plaza, Jersey City
14
Bergen County
x
Hackensack University Medical Center
30 Prospect Ave, Hackensack, NJ
07601
x
County of Bergen, NJ
1 Bergen County Plaza Hackensack,
NJ 07601
x
Society of the Valley Hospital
223 N Van Dien Ave Ridgewood
x
NJ Sports & Expo Authority
50 State Highway 120 East
Rutherford
x
Aramark Svcs Management of NJ Inc.
50 Route 120 East Rutherford
x
Holy Name Hospital
718 Teaneck Road Teaneck
x
Bergen Regional Medical Center
230 East Ridgewood Ave Paramus
x
Howmedica Osteonics Corp / Stryker
59 Route 17 Allendale
x
Becton Dickinson & Company Corp
1 Becton Dr. Franklin Lakes
x
Pearson Education, Inc.
221 River St, Hoboken, NJ 07030
x
Sharp Electronics
100 Paragon Dr., Montvale
Passaic County
x
St. Mary's Hospital
350 Boulevard Passaic, NJ 07055
x
St. Joseph's Hospital
703 Main St. Paterson, NJ 07503
x
Valley National Bank Headquarters
1455 Valley Road Wayne, New
Jersey 07470
Sussex County
x
Selective Insurance
40 Wantage Ave, Branchville, NJ
x
Andover Subacute and Rehab Center
99 Mulford Rd Bldg. 2, Andover,
NJ
x
Mountain Creek Resorts
200 State Rte. 94, Vernon, NJ
x
County of Sussex
One Spring Street, Newton, NJ
07860
x
Newton Memorial Hospital Inc.
175 High St, Newton, NJ
x
Vernon Township Board of Education
539 State Rt 515, Vernon, NJ
x
Hopatcong Board of Education
2 Windsor Ave, Hopatcong, NJ
15
x
Saint Clare's Hospital
20 Walnut St, Sussex, NJ
x
Ames Rubber Corp
19 Ames Blvd, Hamburg, NJ
IV. APPLICATIONS
Applications for affordable housing for the above units will be available at the following
locations:
4a. County Administration Buildings and/or Libraries for all counties in the housing region
(list county building, address, contact person) (check all that apply)
BUILDING
LOCATION
Bergen County Administration Building
One Bergen County Plaza, Hackensack, NJ 07601
201.336.6000
Hudson County Administration Building
695 Newark Avenue, Jersey City, NJ 07306
Sussex County Main Library
125 Morris Turnpike, Newton, NJ 07860
Passaic County Administration Building
401 Grand Street, Paterson, NJ 07505
4b. Municipality in which the units are located (list municipal building and municipal library,
address, contact person)
Allendale Borough Hall & Library
500 West Crescent Ave., Allendale, NJ 07501 201.818.4400
Brookside School Library
100 Brookside Ave., Allendale, NJ 07501 201.327.2020
4c. Non-Governmental offices
The Board of Realtors of Eastern Bergen
411 Route 17 South, 5th Floor, Hasbrouck Heights, NJ
The Liberty Board of Realtors – (Secaucus)
110A Meadowlands Parkway Suite 103
Secaucus, NJ 07094
Phone: (201) 867-4415
cs@libertybor.com
The Passaic County Board of Realtors
204 Berdan Ave, Wayne, NJ 07470 (973) 305-1100
The Sussex County Association of Realtors
1 Wilson Dr. # 4, Sparta, NJ 07871 (973) 383-3949
Realsource Association of Realtors (Waldwick)
5 Franklin Tpke, Waldwick, NJ 07463 Phone: (201) 444-3100
V. CERTIFICATIONS AND ENDORSEMENTS
I hereby certify that the above information is true and correct to the best of my knowledge. I understand that
knowingly falsifying the information contained herein may affect the municipality’s Judgment of Compliance.
___Daniel Hauben, PP, AICP _____________________________________________________
Name (Type or Print)
____Affordable Housing Planning Consultant, Allendale Borough, Bergen County, NJ ______________________
Title/Municipality
5/10/2018
____________________________________________________________________________________________
Signature Date
BOROUGH OF ALLENDALE
COUNTY OF BERGEN
DATE:
RESOLUTION# _______
A RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF
ALLENDALE APPROVING THE AMENDED AFFIRMATIVE MARKETING PLAN OF
THE BOROUGH’S 2018 HOUSING ELEMENT AND FAIR SHARE PLAN
WHEREAS, on January 10, 2018, the Honorable Menelaos W. Toskos, J.S.C., issued a
Court Order approving a Settlement Agreement (“Agreement”) between the Borough and Fair
Share Housing Center (“FSHC”) that established the Borough’s fair share obligation, granted a
vacant land adjustment of the Borough’s Third Round obligation, and preliminarily approved the
Borough’s compliance mechanisms; and
WHEREAS, on June 20, 2018 the Joint Land Use Board of the Borough of Allendale
(“JLUB”) adopted the Borough’s 2018 Third Round Housing Element and Fair Share Plan
(“Plan”), addressing the Borough’s prior round obligation, third round obligation, and
rehabilitation share as established in the Agreement; and
WHEREAS, the Borough Council endorsed the Plan on June 28, 2018 at a properly-
noticed public meeting; and
WHEREAS, the adopted and endorsed Plan includes an Affirmative Marketing Plan
component, as required by the Council on Affordable Housing’s (“COAH”) rules at N.J.A.C. 5:93-
11, which is designed to attract households of all majority and minority groups, regardless of race,
creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual
orientation, disability, age or number of children to the affordable units located in the Borough;
and
WHEREAS, the Affirmative Marketing Plan was prepared in accordance with COAH’s
rules, the Uniform Housing Affordability Controls at N.J.A.C. 5:80-26, and the Court-approved
Settlement Agreement, including the addition of the following community and regional
Council
Moved
Second
Yes
No
Abstain
Absent
Bernstein
Homan
O’Connell
Sasso
Strauch
Wilczynski
Mayor White
2
organizations that shall be directly noticed of all available affordable housing units in the Borough:
Fair Share Housing Center, the New Jersey State Conference of the NAACP, the Latino Action
Network, Bergen County Branch of the NAACP, Bergen County Urban League, and Bergen
County Housing Coalition.
NOW THEREFORE, BE IT RESOLVED the Borough Council of the Borough of
Allendale, Bergen County, State of New Jersey, hereby approves the Affirmative Marketing Plan
component of the Housing Element and Fair Share Plan.
I hereby certify the above to be a true copy of a Resolution adopted by the Governing Body of the
Borough of Allendale on June 28, 2018.
___________________________________
Anne Dodd, RMC
Municipal Clerk
~ 62 ~
Appendix
17. Courts approval of the Borough’s Third Round Plan
~ 63 ~
Appendix
18.
Fourth Round Spending Plan
1
INTRODUCTION
The Borough of Allendale (hereinafter the “Borough”), Bergen County, has prepared a
Housing Element and Fair Share Plan that addresses its regional fair share of the affordable
housing need in accordance with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), the
Amended Fair Housing Act (N.J.S.A. 52:27D-301) and the regulations of the Council on
Affordable Housing (“COAH”), N.J.A.C. 5:93-1 et seq. and N.J.A.C. 5:91 Second Round and
N.J.A.C. 5:97-8.10 Third Round procedural and substantive regulations. The Borough began
collecting development fees in 1992 to be put towards their affordable housing trust fund.
On September 20, 2016, the Superior Court approved a second amendment to the Spending
Plan to spend $50,000 from the Borough's affordable housing trust fund toward the creation
of the Eastern Christian Children's Retreat ("ECCR") group home at 135 West Crescent
Avenue. The Court approved a third amendment to the Spending Plan on January 5, 2017
to spend $20,000 of the Borough's trust fund toward the second ECCR group home at 200
West Crescent Avenue and $325,000 toward the then proposed municipally sponsored
development at 220 West Crescent Avenue.
On May 30, 2019, the Borough amended its 2018 spending plan addressing the Court's
conditions of compliance set forth in the Court Order dated January 25, 2019. The Borough's
amended its spending plan in May 2019 to reflect that the Borough no longer proposed to
sponsor or direct trust funds towards affordable units at 220 West Crescent. Instead, the
Borough elected to grant a density bonus to a developer to construct an inclusionary
development including very-low-income family affordable rental units.
Ultimately, the Court approved the Borough's May 30, 2019 amended spending plan when
it entered a Final Order of Repose on June 27, 2019. As part of its June 4, 2019 Certification
to the Court, the Borough had committed to further amend its spending plan by the
midpoint review date of July 1, 2020 to reflect a minimum 30-year subsidy for a very low
income three-bedroom family rental unit at the Bergen County United Way/Former Farm
development ("Former Farm") to reflect the minimum 30-year affordability control period.
The June 2020 spending plan addressed the Borough's 2019 commitment to find this
program.
This Spending Plan amends the prior Spending Plan funding allocated for a low income
tenant/units at the Bergen County United Way/Former Farm development ("Former Farm").
This development has since secured additional funding from a project base voucher for the
May 15, 2025
Borough of Allendale
Affordable Housing Trust Fund Spending Plan
2
low-income tenant/units and no longer needs the subsidy funds from the Borough’s
affordable Housing Trust Fund. The Borough therefore removes the projected $311,443
previously committed.
This plan reflects the Court’s authorization to allocate $90,000 towards a rehabilitation
project to a current affordable unit at 98 Elm Street which was built during the second round.
In this regard, the Borough has secured a Consent Order with Fair Share Housing Center,
Inc. to support this unit to be obtained by Allendale Housing Inc. (“Allendale Housing“), a
non-for-profit organization who has purchased and and is in the process of rehabilitating
the unit with the Borough committing up to $90,000 towards its rehabilitation. The property
will be converted into two (2) special needs units and deed restricted, marketed in
accordance with N.J.A.C. 5:80-26.1. and extend affordability controls on the property.
Further this Spending Plan includes the identification of the Borough’s prior funding towards
the construction of 4 additional affordable units constructed by Allendale Housing Inc. senior
housing project on Cebak Court. The funding for this project was $50,000 per unit for a total
of $200,000. This funding is accreditable to the Borough’s ongoing efforts to make units
affordable through the affordability assistance category of funding from the trust fund.
The Borough adopted a development fee ordinance on December 9, 1992, creating a
dedicated revenue source for affordable housing. The ordinance was amended and
approved by COAH in December of 2008 and amended again in October of 2018 to reflect
the Court’s jurisdiction. The ordinance establishes the Borough’s affordable housing trust
fund for which this spending plan is prepared and sets development fees at 1.5% and 2.5%
of equalized assessed property value, for residential development and non-residential
development, respectively.
Through the end of 2024, the Borough has collected a total of $4,665,235.64 in development
fees, payments in-lieu of construction, interest, and other income. It has spent a total of
$4,098,674.91, leaving a balance of $566,560.73. All development fees, payments in-lieu of
constructing affordable units on site, "other" income, and interest generated by the fees are
deposited in separate interest-bearing affordable housing trust fund account for affordable
housing purposes. These funds shall be spent in accordance with N.J.A.C. 5:93-8.16, as
described in the sections that follow.
In order to implement its prior Court-approved spending plans, the Borough expended
an additional $30,000 (for a total of $50,000) from its trust fund to help construct a group
home at 200 West Crescent Avenue in 2020, pursuant to an agreement with Eastern
Christian Children’s Retreat. The Borough reallocated $200,000 of funding not needed
3
towards the Former Farm project towards the additional 4 units at Allendale Senior Housing
Inc. Cebak Court 100 percent affordable housing project.
Per the Borough's Settlement Agreement with Fair Share Housing Center ("FSHC") dated
September 15, 2017, the Borough received the Court's approval on June 27, 2019 that the
expenditures of funds contemplated under the Borough's HEFSP and Spending Plans
constitute "commitment" for expenditure pursuant to N.].S.A. 52:27D-329.2 and - 329.3, with
the four-year time period for expenditure designated pursuant to those provisions
beginning to run with the entry of a final judgment approving the Borough's HEFSP and
Spending Plan in accordance with the provisions of In re Tp. Of Monroe, 442
N.J. Super. 565 (Law Div. 2015) (aff’d 442 N.J. Super. 563).
On June 27, 2019, the Court awarded the Borough a Final Judgment of Compliance and
Repose. As noted above, the Borough had committed and amended the 2019 Spending Plan
on June 9, 2020. This March 31, 2025, Amended Spending Plan acknowledges that funds
designated for the Former Farm project are no longer needed for affordability assistance.
Instead, funding was committed towards the additional 4-unit affordable senior housing
development at Cebak Court. Further this plan allocates funding towards the rehabilitation
program of an existing affordable housing unit at 98 Elm Street in Allendale to be converted
to a 2-bedroom special needs residence being purchased by Allendale Housing Inc. and
extending affordability controls for this unit.
REVENUES FOR CERTIFICATION PERIOD
It is estimated that during the period of December 31, 2024 through June 30, 2035 (10 year
cycle), which is the period that the Borough will have a Fourth Round Judgment of
Compliance and Repose (hereinafter “Fourth Round JOR”), the Borough will add an
additional $1,500,000 to its Affordable Housing Trust Fund. This is detailed below.
(a) Development fees: Based on development fee collection trends in the Borough of
Allendale since June of 2020, all of which have been from residential development
fees, the Borough anticipates that approximately $1,500,000 in development fees will
be generated between January 1, 2025 and June 30, 2035. This figure assumes that,
on average, the Borough will collect approximately $12,500 in development fees per
month during the Fourth Round.
(b) Payment in lieu (PIL): The Borough of Allendale does not currently anticipate the
contribution of any payments in lieu toward the municipal Affordable Housing Trust
Fund during the remainder of the Fourth Round.
4
(c) Other Funds: The Borough of Allendale does not anticipate the contribution of any
other funds toward the municipal Affordable Housing Trust Fund during the
remainder of the Fourth Round.
(d) Projected interest: It is estimated that the Borough of Allendale will collect
approximately $30,000 in interest between January 1, 2025 and June 30, 2035. This
figure assumes that, on average, the Borough will collect approximately $250 in
interest per month during the Fourth Round.
5
SOURCE OF FUNDS
PROJECTED REVENUES – AFFORDABLE HOUSING TRUST FUND
JANUARY 1, 2025 THROUGH JUNE 30, 2035
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
1/1/2035-
6/30/2035
Total
(a) Development fees:
$75,000
$150,000
$150,000
$150,000
$150,000
$150,000
$150,000
$150,000
$150,000
$150,000
$75,000
$1,500,000
(b) Payments in Lieu
of Construction
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
(c) Other Funds
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
(d) Interest
$1,500
$3,000
$3,000
$3,000
$3,000
$3,000
$3,000
$3,000
$3,000
$3,000
$1,500
$30,000
Total
$76,500
$153,000
$153,000
$153,000
$153,000
$153,000
$153,000
$153,000
$153,000
$153,000
$76,500
$1,530,000
In sum, the Borough of Allendale projects a total of $1,530,000 in revenue to be collected between January 1, 2025 and June 30,
2035. This projected amount, when added to Allendale’s current trust fund balance of $566,560.73, results in a total anticipated
trust fund balance of $2,096,560.73 available to fund and administer the Borough’s affordable housing plan. All interest earned
on the account shall be used only for the purposes of affordable housing.
6
2. ADMINISTRATIVE MECHANISM TO COLLECT AND DISTRIBUTE FUNDS
The following procedural sequence for the collection and distribution of development fee
revenues shall be followed by the Borough:
(a) Collection of development fee revenues: Collection of development fee revenues
shall be consistent with Allendale’s development fee ordinance for both residential
and non-residential developments in accordance with applicable COAH’s rules and
P.L.2008, c.46, sections 8 (C. 52:27D-329.2) and 32-38 (C. 40:55D-8.1 through 8.8),
and as may be amended.
(b) Distribution of development fee revenues: The administration of Allendale’s
development fee spending plan will be undertaken by the governing body and the
Borough Chief Financial Officer. The governing body will approve the expenditure
of all development fee revenues and will first review the development fee request for
consistency with the spending plan. If consistent with the plan, the governing body
will adopt a resolution authorizing the use and release of trust fund monies by the
Borough Chief Financial Officer.
3. DESCRIPTION OF ANTICIPATED USE OF AFFORDABLE HOUSING FUNDS
(a) Rehabilitation. Allendale Senior Housing was projected at the time of the last
Spending Plan to utilize capital reserves (not trust funds, as was originally planned)
to renovate or repair at least one (1) major system in 15 of the 16 rental units. The
16th rental unit is newly converted and received new construction credit. Allendale
Senior Housing has since renovated these 15 units utilizing separate funding sources
and did not need separate allocations from the Borough or the trust fund. Thus, the
Borough has addressed 15 of its 21-unit rehabilitation share at that time (completely
fulfilling its rental rehabilitation requirements) and will continue to rely on the HOME-
funded County program for additional Fourth Round rehabilitations.
In addition, the Borough proposes in the Fourth Round to rehabilitate a unit located
at 98 Elm Street established during the second round. The Allendale Housing Inc.
(“Allendale Housing“), a non-for-profit organization, obtained this unit and is in the
process of rehabilitating it with $90,000 from the Trust Fund in accordance with the
Consent Order, previously entered. As noted, the property will be converted into two
(2) special needs units and deed restricted, marketed in accordance with N.J.A.C.
5:80-26.1. and extend affordability controls on the property.
7
Further, the Borough has a rehabilitation obligation as outlined in the HE&FSP of 10
units. The Borough has and will continue to participate in the Bergen County Home
Improvement Program (BCHIP), to rehabilitate income qualified units in the Borough.
Since this BCHIP does not provide funding to rental units, the Borough will contract
with a professional Affordable Housing Administrator to administer a Allendale’s
municipal Home Improvement Program – which will be open to both owners and
renters –and will utilize funds appropriated from the Borough’s Affordable Housing
Trust Fund towards this program. If the Borough is unable to find a qualified entity
to implement a supplemental program to rehabilitate rental units, it shall seek a
waiver of any requirement to target rentals as part of a rehabilitation program.
The Borough will set aside additional funding of $160,000 in the first two years of the
10 year cycle for a total allocation of $160,000 by the end of year 2027 initially and
continue to monitor interest in this rehabilitation program in the allocation of
funding from the Trust Fund. This program shall be reassessed annually to determine
if participation of qualified low or moderate income households is greater or lesser
than anticipated. If greater, the Borough shall allocate additional trust fund monies
towards the program. If lesser, the Borough shall reallocate monies earmarked for
rehabilitation to other permissible programs.
(b) Affordability Assistance. In prior spending plans, N.J.A.C. 5:93-8.16(c), required an
allocation for affordability assistance, although as amended by the FHA-2 and
N.J.A.C. 5:99-2.5, the spending plan no longer required to set aside a minimum
amount of funding for this program. While the Borough has continued to satisfy the
minimum amount of spending towards affordability assistance in prior plans, the
Borough plans to continue to fund its affordability assistance program with funds
projected in this plan. “Affordability assistance” means the use of funds to render
housing units more affordable to low- and moderate-income households and
includes, but is not limited to, down payment assistance, security deposit assistance,
low interest loans, rental assistance, assistance with homeowner’s association or
condominium fees and special assessments, common maintenance expenses, and
assistance with emergency repairs and rehabilitation to bring deed-restricted units
up to code, pursuant to N.J.A.C. 5:99-2.5.
This allocation of funding is planned to fund the Borough’s proposed affordability assistance
program as detailed above and noted in the Appendix to this Plan. An allocation of $30,000
per year or a total of $300,000 by the end of 2035 is allocated to these programs. Further
the Borough may seek to expand this program to assist affordability towards affordable
housing options should discretionary funding become available as identified below in the
category identified herein under other opportunities.
8
(c) Extension of Deed Controls. The deed restrictions for four units in the Allendale
Brook Estates is proposed to be extended through a deed provision that permits the
Borough the right to buy the units at the restricted price at the first nonexempt sale
following the expiration or during the 30-year deed restriction on these units. The
Borough is reserving $200,000 of trust fund to purchase units to make sure they are
up to code and to extend deed controls for an additional 30 years and for resale. If
the Borough needs additional funds to implement these programs, we will allocate
funding for these additional units form the affordability assistance or other
opportunities category of this Spending Plan as may be needed.
(d) Administrative Expenses. The Borough may use affordable housing trust fund
revenue for related administrative costs up to a 20 percent limitation pending
funding availability after programmatic and affordability assistance expenditures.
The Roberts Bill (P.L. 2008, c. 46), which was adopted on July 17, 2008, amended the
FHA to differentiate between payments in-lieu of construction ("PILs") from
development fees, among other things. Historically, municipalities counted PILs
received prior to July 17, 2008 as revenues that can be spent toward administration,
while subtracting past spending on RCA programs from the gross revenue basis of
the administrative expenses cap calculation.
Administrative Expenses Analysis
Actual development fees + interest through 12/31/24
$1,968,312.72
Payment-in-lieu of construction through July 17, 2008
+
$1,842,486
Development fees projected 1/1/25-6/31/35
+
$1,500,000.00
Interest projected 1/1/25-6/31/35
+
$30,000
Less RCA Expenditures
-
$240,000
Total
=
$5,100,798.72
20 percent requirement
x 0.20=
$1,020,159.74
Less administrative expenditures through 12/31/24
-
$639,273.62
PROJECTED Allowed Administrative Expenses 2024-2025
=
$380,886.12
The Borough projects that $380,886.12 may be available from the affordable housing trust
fund to be used for administrative purposes through 2035. Projected administrative
expenditures, subject to the 20 percent cap, are as follows:
• Borough Attorney, Engineer, Planner, and other consultant fees related to plan
preparation and implementation. Pursuant to N.J.S.A.52:27D-329.2 c. (2) (b) (i) ,
administrative expenses include “court costs to obtain a judgment of repose; (ii) to
contest a determination of the municipality’s fair share obligation; or (iii) on costs of
9
any challenger in connection to a challenge to the municipality’s obligation, housing
element, or fair share plan.”
10
4. EXPENDITURE SCHEDULE
The Borough of Allendale intends to use affordable housing trust fund revenues for rehabilitation activities, housing activity
related to affordability assistance and administrative costs. Where applicable, the funding schedule below parallels the
implementation schedule set forth in the Housing Element and Fair Share Plan and is summarized as follows.
PROJECTS /
PROGRAMS
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
Total
Rehabilitation
$190,000.00
$60,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$250,000.00
Affordability
Assistance
$30,000.00
$30,000.00
$30,000.00
$30,000.00
$30,000.00
$30,000.00
$30,000.00
$30,000.00
$30,000.00
$30,000.00
$300,000.00
Extension of
Deed Controls
$0.00
$0.00
$0.00
$100,000.00
$100,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$200,000.00
Administration
$41,931.21
$41,931.21
$41,931.21
$41,931.21
$41,931.21
$41,931.21
$41,931.21
$41,931.21
$41,931.21
$41,931.21
$419,312.15
Other
Opportunities
$92,724.86
$92,724.86
$92,724.86
$92,724.86
$92,724.86
$92,724.86
$92,724.86
$92,724.86
$92,724.86
$92,724.86
$927,248.58
Total Allocated $354,656.07 $224,656.07 $164,656.07 $264,656.07 $264,656.07 $164,656.07 $164,656.07 $164,656.07 $164,656.07 $164,656.07 $2,096,560.73
11
5. EXCESS OR SHORTFALL OF FUNDS
In the event of any expected or unexpected shortfall of funds necessary to implement the Fair
Share Plan, the Borough of Allendale will handle the shortfall of funds through an alternative
funding source to be identified by the Borough and/or by adopting a resolution with an intent to
bond. The Borough also reserves the right to amend its spending plan to reduce the amount of
funds available for affordability assistance if actual development fee revenues during the remainder
of the Fourth Round fall short of the amount anticipated herein. In the event of excess funds, any
remaining funds above the amount necessary to satisfy the municipal affordable housing
obligation will be dedicated toward the Borough’s rehabilitation program and/or additional
affordability assistance as noted in the Other Opportunities line item.
It should be noted that a ten-year compliance period is an extensive length of time and no
municipality can be expected to be clairvoyant. Therefore, the Borough reserves the right to use
trust funds as it deems appropriate in the future to address affordable housing opportunities and
matters as they may arise, subject to all fees shall be submitted for permissible uses.
6. BARRIER FREE ESCROW
Collection and distribution of barrier free funds shall be consistent with the Borough’s Affordable
Housing Ordinance and in accordance with applicable regulations. A process describing the
collection and distribution procedures for barrier free escrow is detailed within the Borough’s
Affordable Housing Ordinance.
SUMMARY
The Borough of Allendale intends to spend Affordable Housing Trust Fund revenues pursuant to
N.J.A.C. 5:93-8.16 and N.J.S.A.52:27D-329.2 c. (2) (b) (i) and FHA as amended and consistent with
the housing programs outlined in the Borough’s Housing Element and Fair Share Plan.
The Borough intends to spend affordable housing trust fund revenues consistent herewith. The
Borough had a balance of $566,560.73 as of December 31, 2024. The Borough anticipates an
additional $1,530,000 in revenues with interest before the expiration of its Fourth Round Judgment
of Repose for a total of $2,096,560.73.
The Borough at this time has exceeded its minimum 30 percent affordability assistance expenditure
requirement through previous spending toward the creation of very low-income units.
The Borough desires to expend additional trust funds towards rehabilitation with the expenditure
of $90,000 of trust funds to further assist the renovation of two (2) special needs very-low-income
bedrooms at 98 Elm Street. In addition, the Borough has allocated a total of $160,000 towards
rehabilitation for 10 units. The plan also includes an allocation of $200,000 towards exercising the
purchase and extension of controls associated with two family units in Allendale Brook Estates that
12
will come due in the Fourth Round. The Borough may also expend up to $380,886.12 of trust funds
on administrative costs during the period of repose.
Any shortfall of funds will be offset by an alternative funding source to be identified by the Borough
and/or, the Borough of Allendale will bond to provide the necessary funding. However, the
Borough also reserves the right to amend its spending plan to reduce the amount of funds
available for affordability assistance if a shortfall of revenues occurs. The Borough will dedicate any
excess funds or balance toward the Borough’s rehabilitation program and/or its accessory
apartment program and/or additional affordability assistance.
SPENDING PLAN SUMMARY
Balance as of December 31, 2024
$566,560.73
PROJECTED REVENUE THROUGH 6/30/35
Development fees
+
$1,500,000.00
Payments in lieu of construction
+
$0.00
Other funds
+
$0.00
Interest
+
$30,000.00
SUBTOTAL REVENUE =
$1,530,000.00
TOTAL REVENUE =
$2,096,560.73
EXPENDITURES THROUGH 6/30/35
Rehabilitation Program
-
$250,000.00
Affordability Assistance or New Construction
-
$300,000.00
Purchase to Extend Controls-Existing 2 Units
$200,000.00
Administration
-
$419,312.15
Other Emergent Opportunities
-
$927,248.58
TOTAL PROJECTED EXPENDITURES =
$2,096,560.73
REMAINING BALANCE =
$0.00
--- Document: Housing Element and Fair Share Plan for Round 4 ---
RESOLUTION OF THE PLANNING BOARD OF THE BOROUGH OF
ALLENDALE ADOPTING A HOUSING ELEMENT AND FAIR SHARE
PLAN FOR ROUND FOUR
WHEREAS, the Borough of Allendale (hereinafter the "Borough" or " Allendale") has a
demonstrated history of voluntary compliance as evidenced by the receipt of a Round 2
Substantive Certification from COAH on October 1, 2003 and the entry of a Judgment of Repose,
dated June 27, 2019, approving the Borough's Housing Element and Fair Share Plan for Round 3;
Third Round record; and
WHEREAS, in March of 2024, Governor Murphy signed an amendment to the New Jersey
Fair Housing Act, N.J.S.A. 52:27D-301 et seq. into law making radical changes to the legislation
(hereinafter "FHA II") and
WHEREAS, FHA II established a procedure by which municipalities can secure approval
of a Housing Element and Fair Share Plan; and
WHEREAS, that procedure contemplated that municipalities would adopt a resolution by
January 31, 2025 committing to a fair share number and filing a declaratory relief action within 48
hours from adoption of the resolution and then adopting a Housing Element and Fair Share Plan
(hereinafter "HEFSP" or "Plan") by June 30, 2025 and filing the adopted Plan within 48 hours of
adoption with the Affordable Housing Dispute Resolution Program (the "Program"); and
WHEREAS, the Borough adopted a resolution by January 31, 2025 committing to a fair
share number and filing a declaratory relief action within 48 hours from adoption of the resolution;
and
WHEREAS, the Borough had its affordable housing planning consultant, Edward
Snieckus, Jr. P.P., LLA, ASLA, of Burgis Associates, Inc. prepare a HEFSP to address the
Borough's affordable housing obligations under FHA II; and
WHEREAS, the Borough now wishes for the Allendale Planning Board to consider
adopting the HEFSP that its affordable housing planner prepared;
WHEREAS, in accordance with the provisions of N.J.S.A. 40:55D-13 of the MLUL, the
Planning Board scheduled a public hearing on the HEFSP for June 16, 2025 at 7:00 p.m. at
Municipal Building 500 W Crescent Ave Allendale, NJ 07401; and
WHEREAS, in accordance with the provisions of N.J.S.A. 40:55D-13 of the MLUL, the
Planning Board published a notice of this public hearing in the Borough's official newspaper at
least ten days before the scheduled date for the public hearing and served a copy of this notice
upon the clerks of all municipalities adjoining the Borough, upon the clerk of the County Planning
Board, and upon the New Jersey Office of Planning Advocacy; and
WHEREAS, a copy of the HEFSP was placed on file with the Planning Board Secretary
and was available for public review at least ten days before the scheduled date for the public
hearing; and
WHEREAS, upon notice duly provided pursuant to N.J.S.A. 40:55D-13, the Planning
Board held a public hearing on the Housing Element and Fair Share Plan on June 16, 2025; and
WHEREAS, at the public hearing, Edward Snieckus, Jr. P.P., LLA, ASLA, provided
professional planning testimony regarding the HEFSP and the Board provided members of the
public with the opportunity to provide their comments about the plan.
WHEREAS, the Planning Board determined that the attached Housing Element and Fair
Share Plar is consistent with the goals and objectives of the current Master Plan of Allendale, and
that adoption and implementation of the plan is in the public interest and protects public health
and safety and promotes the general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Board of Allendale, County
of Bergen, State of New Jersey, that the Planning Board hereby adopts the Housing Element and
Fair Share Plan attached hereto.
NOW, THEREFORE, BE IT RESOLVED by the Planning Board hereby directs the
affordable housing attorney for Allendale to file the duly adopted Housing Element and Fair Share
Plan with the Program, an entity created by the Amended FHA, within 48 hours of adoption and
present the duly adopted Housing Element and Fair Share Plan to Allendale for endorsement.
BE IT FURTHER RESOLVED that Affordable Housing Counsel is authorized to pursue
approval of the Housing Element and Fair Share Plan and submit such additional documents as
may be necessary or desirable in an effort to secure such approval,
Chairman of the Planning Board
CERTIFICATION
I certify that the foregoing Resolution was duly adopted by the Planning Board of the
Allendale at a regular meeting held on the 16th day of June, 2025.
Planning Board Secretary
--- Document: 2026 Appointed Professionals ---
LAND USE BOARD
BOROUGH OF ALLENDALE
PUBLIC NOTICE
At their January 15, 2025 Initial Meeting, the Land Use Board of the Borough of Allendale
awarded the forgoing professional services contracts pursuant to N.J.S.A. 40A:11, et. seq. The
contracts and the resolutions authorizing the awards are on file and available for public
inspection during regular business hours in the Office of the Municipal Clerk, Allendale
Municipal Building, 500 West Crescent Avenue, Allendale, New Jersey 07401.
Awarded to:
Lawrence Calli, Esq.
Calli Law, LLC
170 Kinnelon Road, Suite 6
Kinnelon, NJ 07405
Duration:
Through December 31, 2025
Nature and type of contract:
Land Use Board Legal
Counsel
Amount of contract:
Anticipated to exceed $17,500.
Awarded to:
Ed Snieckus
Burgis Associates
25 Westwood Avenue
Westwood, New Jersey 07675
Duration:
Through December 31, 2025
Nature and type of contract:
Land Use Board
Planner
Amount of contract:
Anticipated to exceed $17,500.
Awarded to:
Michael Vreeland of the firm VanCleef
Engineering Associates, LLC
111 Howard Boulevard Suite 110
Mt. Arlington, NJ 07856
Duration:
Through December 31, 2025
Nature and type of contract:
Land Use Board
Engineer
Amount of contract:
Anticipated to exceed $17,500
Said vendors shall be required to comply with the requirements of N.J.S.A. 10:5-31 and
N.J.A.C. 17:27.
Linda Garofalo
Land Use Administrator
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