COAH Clarifies Scope of Highlands Scarce Resource Restraints
By: Henry T. Chou, Esq.
In response to numerous public inquiries, the New Jersey Council on Affordable Housing ("COAH") posted a letter on its website on December 17, 2008, clarifying the scope of the scarce resource restraints it previously imposed upon on municipalities in the Highlands Region.
On November 12, 2008, COAH issued a Resolution imposing scarce resource restraints in Highlands towns within COAH's jurisdiction as to "any and all municipal actions associated with development approvals, water allocation and wastewater allcation..." While it was clear that the scarce resource restraints against "municipal actions" applied to new applications for development approval, it unclear to many what the restraints meant to other projects that were farther along in the development process. For example, many towns could not understand what the restraints meant for developments that had obtained all local and state approvals but had not commenced construction or to projects that were partially constructed. Out of caution, many Highlands municipalities halted development of many projects that COAH did not truly intend to be affected by the restraints.
COAH's letter of December 17, 2008 provided a comprehensive list of 36 categories of "exemptions" to the restraints, thus clarifying that the scarce resource restraints were not meant to apply to such situations. Any property owner or developer with questions concerning the exemption categories may apply to COAH for further clarification.