PARK RIDGE, N.J.—A court-ordered affordable housing trial set to begin March 16 likely will help resolve two of the most contentious issues between Park Ridge, Fair Share Housing Center and Hornrock Properties: what land is eligible to be considered for its “vacant land analysis” and based on that analysis, what number of affordable units comprise a “realistic development potential” for the borough between now and July 2025.
The trial is expected to resolve these issues that likely hold the key to whether a Superior Court judge will order Park Ridge to permit multifamily housing— including affordable units—on more than 30 acres of former Sony property.
The borough has fought Hornrock’s efforts to build a 972-unit multifamily, high-density development there since 2015.
At an adjoining 7-acre former Sony tract in Montvale, that borough’s Planning Board approved a 185-unit multifamily housing complex in July.
Construction has yet to get underway pending an application to construct an access road through Park Ridge. That long-delayed application was scheduled for a hearing before Park Ridge’s Zoning Board on March 17.
On Feb. 24, Superior Court Judge Gregg Padovano issued an order that sets Park Ridge’s prior round affordable obligations at 112 units in round two and 78 units needed for “present need” which were formerly called rehabilitation units, said Richard Hoff, an attorney representing Hornrock Properties, one of two intervenors in Park Ridge.
Hoff said that based on the formula used by Padovano, it would appear that the third round obligation would be 225 units, which is a number he claims is in the borough’s original affordable housing plan submitted in March 2018.
That number is not addressed by Padovano’s Feb. 24 order. Also, that number was not found by a Pascack Press reporter reviewing the March 2018 Housing Element and Fair Share Plan.
However, the plan’s “preliminary understanding” of Park Ridge’s third round obligation—based on Judge Mary Jacobson’s 2017 affordable housing decision —was estimated at 247 units.
It was unclear if 225 units was a revised number based on Jacobson’s methodology. No updated Housing Element and Fair Share Plan was made available by Park Ridge since March 2018.
Under questioning from Fair Share attorney Joshua Bauers and Hoff in 2019, Park Ridge special counsel Scott Reynolds said the borough would be going with the March 2018 plan numbers, which are based on Jacobson’s methodology.
Only 3.86 acres ‘developable’
According to the March 2018 fair share plan’s vacant land analysis, of 209.9 acres of vacant land identified, 3.86 acres qualify for use in calculating the borough’s “realistic development potential” due to presence of environmental constraints and lot sizes too small (less than half an acre) that are too small to accommodate inclusionary developments.
RDP comprises the number of affordable units that should be built on available land over the time period covered by an affordable housing settlement plan.
Inclusionary developments of five or more units provide 20% of market-rate and 15% of rental units for affordable housing.
In addition to the 3.86 acres, three other lots, including the 30.25-acre former Sony parcel owned by Hornrock Properties, are analyzed in the vacant land analysis “to be as inclusive as possible,” states the plan.
The plan notes “at a presumptive density of 12 dwelling units per acre and a 20% set aside” the site would yield 45 affordable units.
The analysis notes only 18.8 of 30-plus acres of the former Sony site are “developable.”
‘Not… site suitability’
“Should not be construed as concession of site suitability,” states a comment in a box accompanying the analysis of 45 RDP units on the 30.25-acre former Sony property.
“Developable area calculated as total area less approximately 11.46 acres limited by environmental constraints, including: wetlands and wetlands buffer, [Category 1] stream and stream buffer, water bodies, steep slopes.”
The plan finds Park Ridge has an 81-unit third round affordable housing RDP. The plan contends Park Ridge fulfills its 81-unit RDP with group homes, inclusionary rental developments, and a planned 100% affordable development being called Bear’s Nest.
The completed group homes include CarePlus NJ, Everas Community Services and New Concepts for Living with a total of 11 bedrooms; and four inclusionary rental developments, including 24 rental units at Park Ridge Transit LLC, a 240-unit mixed-use development.
Finally, the plan specifies 21 units at a proposed 100% affordable Bear’s Nest, though Reynolds had noted an increase to 31 units there during case conference discussions.
‘Constitutionally compliant’
“This [March 16] trial will determine if what they [Park Ridge] put forth is constitutionally compliant with the fair share law,” said Hoff.
Park Ridge Mayor Keith Misciagna told one media outlet that he felt that Padovano’s decision on previous round obligations was “a win” for the borough.
Hoff said that the numbers put forth by Park Ridge to fulfill an 81-unit RDP are “woefully short” of its third round affordable obligation, which he estimated at 225 units.
Reynolds has said repeatedly that the higher “unmet need” number is aspirational, and only RDP should be calculated when looking at an affordable settlement.