By: Henry T. Chou, Esq.
In an opinion issued on February 24, 2011, the Appellate Division ruled that COAH's Regional Affordable Housing Development Program Guidelines ("Guidelines") are actually regulations that should have been adopted under the Administrative Procedure Act ("APA").
Continue reading "Court Strikes Down COAH's Imposition of Regulations as "Guidelines"" »
By: Henry T. Chou, Esq.
On August 12, 2009, the New Jersey Council on Affordable Housing (COAH) granted a six-month extension for fitfy-one towns in the Highlands region to file their affordable housing plans with COAH. The resolution extends the previous deadline of December 8, 2009 to June 8, 2010, which gives Highlands towns additional time to formulate their affordable housing plans based upon "build-out" analyses prepared by the New Jersey Highlands Council.
Continue reading "Highlands Towns Get Six Month Extension to File COAH Plans" »
By: Henry T. Chou, Esq.
On July 16, 2009, the Highlands Water Protection and Planning Council (Highlands Council) released its "buildout analysis" for 17 municipalities located in the Highlands "Planning Area." While the Highlands Act had designated the Planning Area as a "growth" region, the actual buildout analysis paints a far different picture for the 17 municipalities in Warren and Hunterdon County, including Allamuchy, Pohatcong, Bloomsbury, Califon, Glen Gardner, Milford, Clinton and Tewksbury Township.
Continue reading "Highlands Council Releases Buildout Analysis for 17 Towns in Planning Area" »
By: Henry T. Chou, Esq.
By the end of the day on December 31, 2008, 234 out of 302 eligible municipalities had filed housing elements and fair share plans ("housing plans") with the New Jersey Council on Affordable Housing ("COAH"). By doing so, those municipalities maintained their immunity from builder's remedy lawsuits. With the exception of municipalities in the Highlands that were previously under COAH's jurisdiction, municipalities that have not filed housing plans with COAH are now vulnerable to builder's remedy lawsuits. In mid-December 2008, the New Jersey State League of Municipalities and several legislators requested COAH and Governor Corzine to grant an extension of the December 31 deadline, but the requests were denied.
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.
Continue reading "COAH Clarifies Scope of Highlands Scarce Resource Restraints" »
By Michael J. Lipari, Esq.
The New Jersey Supreme Court upheld an Appellate Division decision that dismissed a challenge to the Highlands Water Protection and Planning Act, N.J.S.A. 13-20-1 et seq. The result of this decision, which is the first challenge to the Highlands Act to be heard by the Supreme Court, further stymies any chance of judicial invalidation of the Act. The opinion itself does not provide any additional reasons, but merely relies upon the August 10, 2007 opinion issued by the Appellate Division.
Continue reading "New Jersey Supreme Court Upholds Challenge to Highlands Act" »
By: Henry T. Chou, Esq.
On November 12, 2008, the New Jersey Council on Affordable Housing (COAH) issued a Resolution imposing scarce resource restraints, indefinitely barring development in Highlands towns that are within COAH’s jurisdiction, with the exception of single-family or duplex homes on existing lots, residential housing that includes a 20 percent set-aside for affordable housing, or projects that are exempt or have obtained a waiver under the Highlands Act. COAH’s stated purpose for the moratorium was to “preserve scarce land, water and sewer resources” that might be needed for the future development of affordable housing in the Highlands.
Published in November 2008 Edition of New Jersey Builders Association Dimensions Newsletter
By Thomas F. Carroll, III, Esq.
In a notice appearing in the October 6, 2008 edition of the New Jersey Register, the Highlands Council has unilaterally declared that no approvals in the Highlands Region are subject to the Permit Extension Act. This rather remarkable edict applies, in the opinion of the Highlands Council, to both the Highlands Preservation Area and the Highlands Planning Area.
By: Henry T. Chou, Esq.
Last month, Governor Corzine approved the Highlands Regional Master Plan ("Highlands Plan") and issued an executive order to facilitate its implementation. The Highlands Plan was adopted by the Highlands Council under the auspices of the Highlands Water Protection and Planning Act, which was intended to limit development in the northwest portion of the state and to ensure protection of the State’s water resources. The Governor’s executive order emphasizes that the need to protect water quality in the Highlands region trumps even the serious affordable housing concerns in New Jersey.