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Page 4 THE VILLADOM TIMES III • December 24, 2008
Ho-Ho-Kus Borough plans for single affordable housing unit
by Jennifer Crusco
In its third round calculations, the New Jersey
Council on Affordable Housing estimated that Ho-
Ho-Kus would need to provide 49 homes for low- and
moderate-income individuals and families, but the
borough is making plans for just one affordable home
based on the assertion that there is a dearth of vacant
land. The Ho-Ho-Kus Planning Board and the Ho-Ho-
Kus Borough Council approved the housing element
fair share plan last week, in accordance with the state’s
Dec. 31 deadline. The plan must now be presented to
the state.
Planner Janice Talley issued a summary of her
findings, which states that Ho-Ho-Kus previously
received substantive certification from COAH in 1991
and 1998. “In these prior rounds, COAH determined
that the borough had no new construction obligation
due to a vacant land adjustment. In other words, Ho-
Ho-Kus was recognized (as being) ‘incapable’ (of)
providing affordable housing units because of the bor-
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ough’s highly limited supply of unconstrained vacant
land,” Talley’s report states.
Her report addresses the borough’s third round obli-
gation, which includes a rehabilitation obligation (the
renovation of existing buildings for use as affordable
housing), a prior round obligation, and a growth share
obligation for the period from 2004 through 2018. The
growth share element requires one affordable unit to
be provided for every four market rate units that are
built, and one affordable unit for every 16 jobs created
between 2004 and 2018.
According to Talley’s report, “the borough has a
zero obligation for rehabilitation units because no
existing housing units were identified as deficient.”
She also found that Ho-Ho-Kus has a zero prior round
obligation due to the vacant land adjustment that had
been granted to the borough in previous rounds of
substantive certification. As a result, Talley found that
the borough’s only obligation consists of the growth
share element.
“COAH projections indicate that Ho-Ho-Kus has
a growth share obligation of 49 units. This plan seeks
an adjustment to this projected need to one unit based
on the fact that the borough received a vacant land
adjustment for both the first and second round obliga-
tions, and very little development activity has taken
place in the borough since the most recent vacant
land adjustment was granted. In summary, the bor-
ough simply does not have sufficient land for any new
development, and therefore the growth share obliga-
tion should be reduced to one unit,” the report states.
Talley provided current land use maps, which
include environmental constraints restricting new
development. She concluded that the borough’s land
use maps indicate “the borough is fully developed
“To test the freshness
of an egg, place it in
a pan of cool, salted
water. If it sinks, it is
fresh, if it rises to the
surface, discard it.”
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Earlier this year, Ho-Ho-Kus opted to join the
League of Municipalities official objection to COAH’s
third round regulations.
Officials, including Talley, believe COAH is using
flawed methods to calculate affordable housing obli-
gations. For example, Talley noted that COAH was
working under the assumption that Ho-Ho-Kus has
94 acres of vacant land. She pointed out that the state
appears to be working from Department of Environ-
mental Protection cover data, not land use data. Mayor
Thomas Randall and the borough council previously
directed Talley to include land use maps in her presen-
tation to illustrate the concept that Ho-Ho-Kus does
not have available vacant land to accommodate mul-
tiple units of affordable housing.
The Sixteen Acres, Talley has said, is excluded from
the calculation of vacant land by virtue of its listing in
the Ho-Ho-Kus Master Plan as a property designated
for passive use, recreation, or conservation.
COAH’s third round rules also affect development
fees municipalities may collect from the developers
of new buildings. That fee has been one percent for
residential buildings and two percent for non-residen-
tial buildings. That fee will rise under the new regula-
tions to 1.5 percent for residential and three percent
for non-residential building. Fees are deposited in a
municipality’s affordable housing trust fund for use
towards future affordable housing costs. However,
the new COAH regulations require municipalities to
identify in their new affordable housing plan how that
money will be spent and a time frame for the expendi-
ture. If the timeline is not met, the state can take that
money for a statewide development fee bank, leaving
the funds available to other municipalities.
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