Judge To Rule On River Vale Affordable Housing Settlement Fairness

An overlay map of current 27 hole golf course at Edgewood Country Club and the proposed housing development superimposed over nine holes.

BY MICHAEL OLOHAN
OF PASCACK PRESS

RIVER VALE, N.J.—Superior Court Judge Christine A. Farrington is expected to rule after 9 a.m. on March 18 whether River Vale’s affordable housing plan through 2025 satisfies statewide affordable housing mandates.

Mayor Glen Jasionowski and Fair Share Housing Center lawyer Adam Brown signed their part of the agreement in September 2017.

According to the settlement, township’s affordable housing obligations through 2025 require 235 affordable units, which will be met by 77 new or planned units—including 24 affordable units planned for Edgewood Country Club—plus zoning for affordable units in several areas possible for future residential development.

Without the settlement, housing advocates say the township might be required to site up to 290 units on the Edgewood Country Club.

A third hearing on Woodmont Properties’ proposed 249-unit multifamily development is set for March 28 at 7:30 p.m. at the River Vale Senior and Community Center.

“We’re happy with this settlement agreement. It’s going to get shovels in the ground quickly to address the urgent need for affordable housing in one of New Jersey’s wealthiest communities,” Anthony Campisi, a spokesman for Fair Share Housing Center, told Pascack Press.

Twenty-four of the units in the development will be affordable, with the rest of the obligation to be fulfilled by a payment to complete the development of the 100 percent affordable 24-unit Mesker site.

“This is a concession on the part of housing advocates. According to the Realistic Development Potential map [page 14 of the settlement], the country club site could be much more dense. The RDP of 58 on the map means that there could be up to 58 affordable units on the site at a 20 percent set-aside,” he added said.

He explained, “Without this agreement, the municipality would be on the hook for a 290-unit development.”

FSHC was appointed as a statewide advocate-intervenor for housing settlements by the New Jersey Supreme Court in 2015, after the court ruled the Council on Affordable Housing dormant and reassigned affordable housing obligations to state superior courts.

At the fairness hearing, a judge evaluates whether the settlement plan meets the legal requirements of the state’s Mount Laurel regulations and the Fair Housing Act.

Although the settlement mentions 227 units were originally proposed for Edgewood Country Club, which now calls for a 249-unit development, housing advocates said the previously approved document is still valid and satisfies the need for more affordable housing in North Jersey.

Campisi explained, “It’s not unusual for the number of total units being built in a proposed development to change slightly over time as a result of changes in the market. We evaluate each of these instances in a case-by-case basis, with an eye toward the number of affordable units being produced.”

Asked about the increase in market-rate units, Campisi said, “We’re comfortable here with the change to 249 units and remain in support of the settlement agreement.”

Unmet need of 158 units

River Vale’s plan calls for a third-round obligation of 235 affordable units, with 77 new or planned units—known as the borough’s realistic development potential—to be subtracted from that number, leaving the borough with an “unmet need” of 158 affordable units.

The 77 units will consist of 24 rental units at Edgewood Country Club (i.e. Fairways at Edgewood); plus 24 affordable units at Mesker’s site 100 percent affordable development; 10 units carried from the previous round (one at Mesker’s and nine at the Kirk site); and 19 units from rental bonuses.

In addition to 24 affordable units at the Fairways at Edgewood, Woodmont Properties is required to make an undefined financial contribution to River Vale to assist with construction of a 100 percent affordable complex of 24 units at the 1.6-acre municipal portion of Mesker’s property.

The settlement notes the contribution amount will be negotiated between River Vale and Woodmont within 120 days of approval at a fairness hearing.

The 158 units of “unmet need” will be satisfied via overlay zoning in the Four Corners area, a portion of the downtown commercial district that will be zoned for two- and three-story mixed use buildings to permit up to 59 affordable units; five units for a proposed group home at 426 Cedar Lane; and 17 age-restricted units carried over from a prior round.

Mandatory set-aside

The township will adopt a mandatory set-aside ordinance on future multifamily developments of five units or more, with 15 percent of rental units and 20 percent of market-rate units set aside for affordable units. Moreover, 13 percent of the rental units must be set aside for very-low-income households.

The settlement calls for River Vale to annually post a status report on its website to keep residents and Fair Share Housing Center informed of progress.

A notice of the fairness hearing and opportunities for public comment was posted on the township website.