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Planning board hears timeline for new affordable-housing obligations under state law
Summary
Board received an update on new state housing obligations, key deadlines for adopting a housing element and fair-share plan, and options for calculating present and prospective needs; consultant numbers and potential vacant-land adjustments were discussed.
At the same meeting Hillsborough Township planning officials outlined critical deadlines and procedural steps under the state's new affordable-housing law for calculating and adopting a municipal housing element and fair-share plan.
A staff speaker told the board that the New Jersey Department of Community Affairs (DCA) issues two numbers under the new law — a present need number (rehabilitation of substandard units) and a prospective need number (new construction) — and that municipalities may accept DCA's numbers or calculate their own. The presenter said DCA designated a prospective-need number of 565 units for Hillsborough; the township's consultant is recommending a number that is "less than half" of the DCA figure. The presenter also said the township's present-need figure discussed in the meeting was roughly 111 units, but noted a windshield survey could be used to substantiate or reduce the present-need count.
Key deadlines identified in the presentation include: adopting a resolution committing to chosen numbers by the January 31 deadline (the planning board noted they were "locked and loaded" for a January 31 resolution), adopting a housing element and fair-share plan by June 30, and adopting implementing ordinances/resolutions (zoning changes, etc.) by March 15. The presenter also described a public-challenge process: third parties may challenge a municipality's numbers (the presenter named the Fair Share Housing Center as a typical challenger), and challenges have specific filing deadlines that, if missed, allow the municipality's numbers to stand.
Board members asked about vacant-land adjustments and durational adjustments and were told those steps are handled during the fair-share plan process and can be addressed before the June 30 adoption deadline. The presenter said staff and consultants (including planner Jen Beam, who is preparing the prospective-need adjustments) will continue working through the calculations and reservations in the resolution to preserve the township's rights to seek adjustments where justified.
A board member noted that local ordinances typically require about 24% of units in qualifying developments to be affordable, meaning the township multiplies the affordable-unit requirement to determine total units to be provided as part of future development obligations. The presenter said the obligation period under the new law is 10 years, shorter than the prior 20-year period.
No formal vote on the housing numbers was recorded in the planning-board transcript; the board indicated the township committee would consider a resolution next week to commit to the numbers and that several follow-up calculations would continue prior to the June 30 deadline.
