April 5, 2017

issue. Due to the Highlands litigation, the percentage of the developer's obligation for affordable housing units had yet to be determined. Mr. Eben stated there were several bills related to this issue pending before the New Jersey Senate and Assembly ($2216, A4659, A4660 and A4661). He asked how those bills would affect the action taken by the Board on the Fair Share Plan Amendment and the Master Plan Update if they were signed in to law. Mr. Grygiel stated no one had an answer regarding the possible outcome of pending State legislation; however, the State Supreme Court several years ago ruled that every municipality had the constitutional obligation to provide affordable units. The ruling had been upheld several times. The problem(s) had been the State legislators’ failure to take action in formalizing the procedures; the governor's office had never taken action; COAH had been trying to take action, but was deemed acting illegally. He stated that regardless of the outcome of pending legislation or action taken by the Board, the Township was obligated by law to provide affordable housing. Mr. Eben suggested that Mr. Grygiel review the pending bills and perhaps discuss them with the Board at the next meeting. Mr. Wilkes asked if there were ratios used to determine the number of units required. Mr. Grygiel stated that while not currently in the ordinances, the COAH Second Round Rules (1993-1999) were currently being used. Based on the size of the development, a rental development must set aside 15% of the units; a sale development must set aside 20% of the units. Mr. Wegner asked if there were tax advantages associated to either the owned units or owner of the rental units. Mr. Grygiel stated that as it related to this project, he did not know if there were tax abatements; however, taxes were paid on the property and the Township was providing a subsidy for the affordable units. Mr. Cardoza asked if all bonus credits (i.e. transit oriented) had yet been determined. Mr. Grygiel stated he could list what was typically considered a bonus credit, such as rental bonus credits for non-senior citizen family units (2 for 1), limited to 25% over your obligation. Other bonus credits included transit oriented and redevelopment. The Public Advocate and Public had no questions or comments for Mr. Grygiel. Chairman Bagoff closed the public hearing; the Board

ion. Other bonus credits included transit oriented and redevelopment. The Public Advocate and Public had no questions or comments for Mr. Grygiel. Chairman Bagoff closed the public hearing; the Board deliberated. Mr. Weston stated the Township had the opportunity to satisfy 55 affordable housing units of an approved site plan that was permit ready. He viewed this as a positive thing for the community and suggested the Board adopt the amendment to the Fair Share Plan. Councilwoman McCartney concurred. The Board voted to approve the Amendment to Adopted Fair Share Plan as follows: Motion: Chairman Bagoff Second: Vice Chairman Klein Cardoza: = Eben: Yes Ghebremicael: Yes Klein: Yes Keigher: Yes McCartney: Yes Trenk: Yes Wegner: - Weston: Yes Wilkes: Yes Bagoff: Yes DISCUSSION MASTER PLAN REEXAMINATION PRESENTED BY: PAUL GRYGIEL, PP, AICP, TOWNSHIP PLANNER (Continued from the March 1, 2017 regular meeting.)