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BloomingdaleGreen Risk

ClosedBuilding & Construction

Midpoint Review 2020-06-30

BID #: N/A

ISSUED: 6/30/2020

DUE: TBD

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Executive Summary

This is a midpoint review report for the Borough of Bloomingdale, Passaic County, New Jersey, regarding their affordable housing plan. The report, dated June 30, 2020, assesses the implementation of the Borough's Housing Plan Element and Fair Share Plan, and analyzes whether unbuilt sites or unfilled mechanisms continue to represent a realistic opportunity. The report concludes that the Borough is maintaining compliance with the terms of the Order Granting 3rd Round Substantive Certification and each proposed mechanism remains a viable and realistic opportunity for the construction of affordable housing at this time. Any interested party is invited to submit comments to Bloomingdale Borough, with a copy to Fair Share Housing Center, regarding whether any sites no longer present a realistic opportunity and should be replaced.

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--- Document: Midpoint Review 2020-06-30 Document ---
AFFORDABLE HOUSING 
THIRD ROUND MIDPOINT REVIEW 
PREPARED FOR: 
Borough of Bloomingdale 
Passaic County, New Jersey 
June 30, 2020 
Prepared By: 
1460 Route 9 South 
Howell, NJ 07731 
(732) 462-7400
Peter Van den Kooy, PP, AICP 
License No. 5918 


Affordable Housing Midpoint Review Report 
Bloomingdale Borough, New Jersey 
 
CME Associates (“CME”) is pleased to provide this status report as to the implementation of 
Bloomingdale Borough’s Housing Plan Element and Fair Share Plan and an analysis as to 
whether any unbuilt sites or unfilled mechanisms continue to represent a realistic opportunity. 
Included below is a brief summary of this submission.  
Purpose 
The Borough of Bloomingdale’s Order Granting 3rd Round Substantive Certification requires that 
the Borough comply with the statutory midpoint review requirements of the Fair Housing Act 
(“FHA”) and specifically N.J.S.A. 52:27D-313, which provides in relevant part: “[t]he Council shall 
establish procedures for a realistic opportunity review at the midpoint of the certification period 
and shall provide for notice to the public.” Pursuant to the Order, that review requires the Borough 
to post on its website, with a copy to Fair Share Housing Center (“FSHC”), and an opportunity for 
comment, a status report regarding its compliance mechanisms and whether or not unbuilt 
sites/unfulfilled non-deferred mechanisms continue to present a realistic opportunity. 
Status and Realistic Opportunity Review 
An Order Granting 3rd Round Substantive Certification was issued for Bloomingdale Borough by 
the Court on July 18, 2016. This Order was contingent on the Borough completing an up-date to 
its Housing Element and Fair Share Plan. Satisfaction of this requirement was accomplished 
through the adoption of the Housing Element and Fair share Plan Addendum, dated March 4, 
2016, and further refined and amended on October 4, 2016. A summary of the status and realistic 
opportunity provided by the various mechanisms included within the Borough’s compliance plan 
is included below and within the attached forms as provided by FSHC.  
The Meer Tract is the only affordable housing site in the compliance plan that has not been built; 
however, as described within the attached forms, a developer is actively pursuing the 
development of the Meer Tract. As the conditions on the site have not changed, the site continues 
to be a suitable site for the construction of affordable housing. Therefore, given the developer 
interest in the property and the fact that it remains suitable for inclusionary development, the site 
continues to provide a realistic opportunity for the development of affordable housing. In addition, 
as shown with the attached forms, development on the Meer Tract will be increased to provide 10 
more family affordable housing units then originally envisioned.   
Five (5) Fair Share Housing Center forms that detail the status of all existing and proposed 
affordable housing projects within the Borough are attached as Exhibits A-E. They include 
detailed information regarding the Affordable Housing Trust Fund, Rehabilitation Program, Prior 
and Third Round Monitoring, Very Low Income Reporting and additional information regarding 
the Borough’s compliance mechanisms.  The Report soundly demonstrates that all of the 
Borough’s mechanisms continue to provide a realistic opportunity for the provision of affordable 


housing, and that the Borough is on track to exceed the level of affordable housing unit 
construction contemplated in the Court Order and the Housing Element and Fair Share Plan.  
Notice to the Public 
In accordance with the Borough of Bloomingdale’s Order Granting 3rd Round Substantive 
Certification (Dated July 18, 2016), this Midpoint Realistic Opportunity Review Report has been 
prepared to summarize the various affordable housing projects and mechanisms in the Borough’s 
Housing Plan Element and Fair Share Plan. Any interested party is invited to submit comments 
to Bloomingdale Borough, with a copy to Fair Share Housing Center, regarding whether any sites 
no longer present a realistic opportunity and should be replaced. Please submit any comments 
you may have to the Borough and FSHC using the contact information included below.  
Borough of Bloomingdale 
 
Breeanna Calabro, RMC, Municipal Clerk  
Borough of Bloomingdale 
101 Hamburg Turnpike 
Bloomingdale, NJ 07403 
Email: BCalabro@bloomingdalenj.net 
 
Fair Share Housing Center 
 
Josh Bauers, Esq. 
Fair Share Housing Center 
510 Park Boulevard 
Cherry Hill, NJ 08002 
Email: JoshBauers@fairsharehousing.org 
 
Conclusion 
 
The Borough is maintaining compliance with the terms of the Order Granting 3rd Round 
Substantive Certification. Although not all mechanisms identified have been completed, each 
proposed mechanism remains a viable and realistic opportunity for the construction of affordable 
housing at this time.  
 
 


EXHIBITS:  
Affordable Housing Trust Fund Monitoring 
Rehabilitation Monitoring 
Prior Round and Third Round Monitoring 
Very Low Income Monitoring 
Affordable Housing Questions 


EXHIBIT A: 
AFFORDABLE HOUSING TRUST FUND MONITORING 
 
 


1. GENERAL INFORMATION AND TRUST FUND MONITORING
MUNICIPALITY NAME:
Borough of Bloomingdale
COUNTY:
Passaic County
Date through which funds reported:
Name of person filling out form and affiliation/r
Peter Van den Kooy
Date of filling out form:
18-Jun-20
Email:
pvandenkooy@cmeusa1.com
Municipal Housing Liaison for municipality:
Jonathan Dunleavy 
Email:
jdunleavy@bloomingdalenj.net 
Income Limits Year Being Used by Municipality*
2020
TRUST FUND INFORMATION
Inception - Date in Approved Spending Plan o Date in Approved Spending Plan or Ju Total
REVENUE SUMMARY
Inception Date - December 31, 2018
January 1, -December 31, 2019
Barrier Free Escrow
$0.00
$0.00
$0.00
Development Fees
$108,780.24
$11,203.01
$119,983.25
Interest Earned
$1,719.76
$465.28
$2,185.04
Other Income
$0.00
$0.00
$0.00
Payments-in-Lieu of Construction
$0.00
$0.00
$0.00
TOTAL
$110,500.00
$11,668.29
$122,168.29
EXPENDITURE SUMMARY
Administration**
$41,352.96
$5,390.12
$46,743.08
Affordability Assistance***
$0.00
$0.00
$0.00
     Very Low-Income Affordability Assistance
Barrier Free Conversions
$0.00
$0.00
$0.00
Housing Activity
$29,750.00
$16,850.00
$46,600.00
TOTAL
$29,750.00
$16,850.00
$46,600.00
Name
List types of administrative expenses
Amount
Administrative Consulting Fees
Various
$5,390.12
$5,390
Name
List affordability assistance projects and prograAmount
$0
Type of Housing Activity
Specific Site or Program
Amount
Housing Activity
16,850
$                                                   
TOTAL
$16,850
Comments:
Please note that AHTF monitoring information will be provide at the time of the Borough's periodic AHTF reporting as required by applicable law.
*View 2020 income limits: https://ahpnj.org/member_docs/Income_Limits_2020.pdf 
https://ahpnj.org/member_docs/Income_Limits_2019_FINAL.pdf
https://ahpnj.org/member_docs/Income_Limits_2018.pdf
https://ahpnj.org/member_docs/Income_Limits_2017.pdf
**Administrative expenses cannot total more than 20% of collected revenues, less any Administrative expenses already disbursed.
***Affordability Assistance must equal at least 30% of revenues collected after July 2008, with one-third of that dedicated to very low-income Affordability Assistance
HOUSING ACTIVITY: Date in Approved Spending Plan to Present
(Note: Date in Approved Spending Plan = date through which revenues/expenditures are shown in the approved spending 
plan; if no approved spending plan, show revenues/expenditures through June 30, 2015 in Column B and beginning July 1, 
2015 in Column C.)
ADMINISTRATION: Date in Approved Spending Plan to Present
TOTAL
AFFORDABILITY ASSISTANCE: Date in Approved Spending Plan to Present
TOTAL


EXHIBIT B:  
REHABILITATION MONITORING 
 
 
 


2. REHABILITATION
Total Third Round rehabiltation obligation
10
Rehabilitation program administrator(s) with email, phone number, and 
address: (if multiple rehab programs list administrator for each)
CGP&H, LLC, 1249 South River Road, 
Suite 301, Cranbury, NJ 08512, (609) 
664‐2769, 
https://www.affordablehomesnewj 
ersey.com/
Period of time covered (Only completed rehabs since either the adoption of the 
Housing Element and Fair Share Plan or the previous annual report should be 
included on this sheet):
10/4/16‐6/15/20
Please list below all units rehabilitated towards the municipality's Third Round rehabilitation obligation.
4
5
7
8
9
10
11
12
13
Street Address
Case Number (if applicable)
Rehab program 
used (e.g. county 
program, municipal 
rental rehab)
Block
Lot
Unit 
Number
Owner
Renter
Very 
Low
Low
Modera
te
Final Inspection 
Date (mm/dd/yy)
Funds expended 
on hard costs ($)
Funds recaptured
Major system(s) 
repaired 
Was unit below 
code and raised to 
code? (Y/N)
Effective date of 
affordability 
controls 
(mm/dd/yy)
Length of 
affordability 
controls (years)
Affordability 
control removed 
(Y/N)
Creditworthy 
(Y/N)
38 Sunset Road
N/A
Municipal
49 A
20.21
Yes
x
$21,000
Electrical, Retaining Wall, 
Deck
Yes
11/1/2019
10
Y
20 Captolene Avenue
N/A
Municipal
5055
3
Yes
x
$14,350
Electricity, Heating, Water 
Heater
Yes
10/15/2018
10
Y
30 Fichter Street
N/A
Municipal
3034
9
Yes
x
$15,400
electricity and heating
Yes
10/26/2017
10
Y
6 Orchard Street
N/A
Municipal
5093
12
Yes
x
$10,050 
electricity, Plumbing, 
Waterheter
Yes
7/20/2017
10
Y
2
3


EXHIBIT C:  
PRIOR ROUND AND THIRD ROUND MONITORING 


3. PRIOR AND THIRD ROUND MONITORING
Site / Program Name:
Meer Tract
Avalon Bay
Mountain Top
The Center for Humanistic 
Change
Project developer:
M&T
Avalon Bay
The Center for Humanistic Change
Compliance Mechanism:
Inclusionary Zoning
Inclusionary Zoning
Inclusionary Zoning
Assisted Living Residence
Compliance Mechanism #2 (if 
project has multiple):
Other - Also provided $100,000 to 
the Housing Trust Fund
Round:
Prior & Third Round
Prior Round
Prior Round
Prior Round
Block (if multiple separate by com
5105
5013
2018
5053
Lot (if multiple separate by comm
14
67
Multiple
1
Address:
Union Avenue (Route 511)
1000 Avalon Way
48 Forest Drive
Grove Street
Construction required to begin 
by (for mechanisms other than 
Status:
No approvals
Built
Built 
Built
If project has site plan /or 
subdivision approval, date 
If approved not built  or 
"under construction," date of 
site plan and/or subdivision 
If "under construction," 
expected date of completion:
Date of issuance of C.O.:
If "built," date controls began:
8/14/2012
6/16/1987
Length of Affordability Controls (
30
30
Perpetual
Perpetual
Administrative Agent or other 
entity responsible for 
affirmative marketing:
T.B.D.
CGP&H, LLC, 1249 South River 
Road, Suite 301, Cranbury, NJ 
08512, (609) 664-2769, 
https://www.affordablehomesne
wj ersey.com/
CGP&H, LLC, 1249 South River 
Road, Suite 301, Cranbury, NJ 
08512, (609) 664-2769, 
https://www.affordablehomesne
wj ersey.com/
Center for Humanistic Change, 12 
US Highway 206, Stanhope, New 
Jersey 07874, (973) 691-3488, 
http://www.chcnj.org/
Contribution  (for payments in lieu)
Total Affordable Housing Units P
82
9
6
5
Total Affordable Housing Units 
Completed to Date
0
9
6
5
Type of Affordable Units:
     Family
82
9
6
       Family For-Sale
0
6
       Family Rental
82
9
     Senior
0
       Senior For-Sale
       Senior Rental
     Supportive/Special needs
0
       Supportive For-Sale
       Supportive Rental
5
Bedroom/Income Splits:
     1 BR/or Efficiency Affordable Units
1
0
0
       Very Low-Income:
       Low-Income:
1
       Moderate-Income:
     2 BR Affordable Units
6
6
0
       Very Low-Income:
1
       Low-Income:
2
3
       Moderate-Income:
3
3
     3+ BR Affordable Units
2
0
0
       Very Low-Income:
       Low-Income:
1
       Moderate-Income:
1
     Supportive/Special Needs Unit
0
0
0
0
       Very Low-Income:
       Low-Income:
       Moderate-Income:


EXHIBIT D:  
VERY LOW INCOME MONITORING 


4. VERY LOW INCOME REPORTING
Development/Compliance Mechanism
Total 
Affordable 
Units
VLI units 
constructed as 
of date of 
report
VLI units not 
constructed as of 
date of this report 
but still planned
Type of Very Low 
Income Unit 
(Family, Senior, 
Special Needs)
Avalon
9
1
0 Family
Total
9
1
0
This tab provides reporting required on very low income units, i.e. units affordable to and reserved for households at or below 30% of regional median income.
See N.J.S.A. 52:27D-329.1.
Very Low Income Units approved and constructed since July 17, 2008


EXHIBIT E:  
AFFORDABLE HOUSING QUESTIONS 


Borough of Bloomingdale  
Midpoint Review Questions 
In addition to updating the attached monitoring spreadsheet with up to date information on each 
project in your approved settlement/fair share plan, please answer the following questions in 
narrative form: 
Conditions of Compliance 
1. What conditions from the court’s approval of the municipal housing element and fair share
plan and judgment of compliance and repose (or whatever standard terms is being used), 
if any, have not yet been satisfied?  Explain the reasons for any delay and the steps the 
municipality is taking to satisfy the condition(s).
All conditions have been satisfied.  The Order was contingent on the Borough completing 
an up-date to its Housing Element and Fair Share Plan.  Satisfaction of this requirement 
was accomplished through the adoption of the Housing Element and Fair share Plan 
Addendum, dated March 4, 2016 and further refined and amended on October 4, 2016.
Developments that Are Not Completed 
2. For each court-approved inclusionary development project that is not yet 
constructed, please provide a narrative as to its status and any progress towards 
construction.
The extension of utilities to support the development of the Meer Tract was costly. 
The Borough solution, embraced by the Special Master and the Court order was to 
permit quarrying on the site as a permitted use to support the cost of development and 
allow the excavation to establish proper grading and drainage.  In early 2016 an 
affordable housing Overlay was adopted to accomplish this.  An interested developer 
has now been found to undertake the project; however, the original project and zoning 
was crafted to contain a total of 360 ownership units with a 20% set-aside of 72 
affordable units. In order to make this a financially viable project, the current 
developer requires a higher density, which will yield 82 affordable rental units as part 
of an inclusionary rental development instead of the 72 affordable units originally 
envisioned in the compliance plan. An amendment to the Affordable Housing Overlay 
Zone is currently being prepared for consideration by the governing body in order to 
permit this inclusionary rental development. The ordinance amendment will adjust the 
Affordable Housing Overlay on this site to permit a total of 544 dwelling units, of 
which 82 will be affordable.  A total of 10 more than originally approved.
3. Have any non-inclusionary development projects (including 100% affordable 
projects, group homes, accessory apartments, market-to-affordable, extensions of 
affordability controls, etc.) included in the court-approved plan not yet been 
built/converted to affordable housing/controls extended?
No.
4. Are there any projects that have missed any construction deadline established in the 
court-approved Settlement Agreement, or other mechanisms (e.g. market-to-
affordable, accessory apartments, extensions of affordability controls) that have 
not met the completion schedule set forth in the Settlement Agreement or 
Housing Element and Fair Share Plan?   
No.  


5. Are all unbuilt developments currently in a sewer service area, and if not what has the
municipality done to incorporate the site into a sewer service area?
See former Meer Site narrative above.
Are there any barriers to obtaining water or sewer for any unbuilt site?
Water and sewer service is anticipated for the Meer Tract.
Are there any other regulatory conditions (e.g. changes to DEP permits or conditions) that
make it not possible to complete any site as originally contemplated?
The developer of the Meer Tract is required to obtain all required permits and approvals
for the development of the site. The developer is actively pursuing development on the
site. Therefore, while we do not know specifically whether any environmental permitting
requirements will create an impediment in the future, it is not anticipated that regulatory
requirements would preclude the development of the property.
Rehabilitation Obligation 
6. Is the rehabilitation program being administered by a municipality, county, or both? Do the
program(s) include rental rehabilitation? If the municipality has not met at least half of its
rehabilitation obligation by this midpoint review, what affirmative steps is the municipality
taking to meet the obligation and to facilitate participation by homeowners and/or
landlords?
The rehabilitation obligation is 10.  To date 4 units have been rehabilitated and the
remaining 6 will be completed prior to 2025.
For Municipalities with a Prior Round and/or Third Round Vacant Land Adjustment (note 
please make sure any development referenced in the answers to these questions that 
includes or will include affordable housing is also in the monitoring spreadsheet): 
This section is not applicable to Bloomingdale Borough. 
For Municipalities with a Prior Round and/or Third Round Durational Adjustment: 
7. If the municipality’s court-approved plan had a durational adjustment, have there been any
changed circumstances with regards to limited sewer and/or water capacity?  If yes,
please describe the changes and when and where additional infrastructure capacity will
become available.
The Borough is still working toward the development of the Meer Tract taking the
necessary steps to increase the permitted density in order to receive the required amount
of affordable units for that tract.


 
8. What steps has the municipality taken, if any, to address limited water and/or sewer 
capacity, and to facilitate the extension of public water and/or sewer to any site identified 
in the settlement agreement?  
 
Further re-zoning of the AH Zone to increase development intensity is ongoing to facilitate 
marketable development of the site. 
 
9. Has any property owner or developer contacted the municipality to extend public water 
and/or sewer to a site not identified in the settlement agreement?  If so, how did the 
municipality respond to the request?  
 
N/A