Planning Board - Regular Meeting

And you're off. I would like to bring the Pompton Links Planning Board meeting to order. Uh, please turn off all cell phones. The following is the agenda for the regular meeting of the pump lakes planning board meeting is to be held in the municipal building 25 Lennox A on Tuesday, May 20th, 2025 beginning at 7:30 p.m. Formal written advance notice as required by NJSA uh 104-1 um has been provided this meeting at least 40 hours in advance of today giving the time date and location and the extent known at the time the agenda of this meeting such notice stated that formal action may or may not be taken. This notice was posted on the bill the bulletin board outside the offices of municipal clerk reserved for this and other similar announcements provided to the suburban trends the newspaper designated by the burough council to re receive such notices and filed with the burrow clerk. Please all stand for the pledge of allegiance. There's something wrong with the view. I'm sorry. There's something wrong with the view. We're not I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. You want to take a pause? Yes, please. Hold on one second. Sorry, technical difficulties. uh resume the meeting. Uh oath of office, we have none. Uh can we have a roll call, please?

Okay. Mr. Simone is excused. Mr. Otto here. Mr. Tro here. M Dr. Pendexer will be absent. Uh Mr. B uh Bulby here. Mr. Keading here. Mayor Sarah here. Uh, and Mr. BSMA here. We have Andy Brewer tonight and there will not be any engineers and Chris Foster will be absent. Good. Uh, regular meeting uh, minutes for April 15, 2025. Do I have a motion? Motion. Second. Roll call. Call and John. Mhm. Okay. Uh, Mr. Yes, Mr. Trust. Abstain. That's right. Uh, Mr. Bulby. Yes. Mr. Keading. Yes. Mayor Sarah. Yes. Uh, Mr. BMA. Yes. Were you here? I wasn't here. I don't think I'm allowed to vote. I wasn't here. That's abstain. Abstain. Come back. [Music] Okay. CL. Uh, so we got an approval of the bills, collars, engineering, and design. Just read the total amount. Professional services. Um, no. Just read the total amount. $3,826.25. No. Oh, I see the total. I see it down there. I'm sorry. Uh, 5200. Uh 5,213.33 cents. We have a motion to accept. No. Each of the Oh, there's another one here. Yeah. Mia Falcon Legal Services of 1,44840.

I'll make the motion. Trust. I'll second it. Eating. All in favor? I I opposed. No. Okay. Just in case. Uh correspondence. Uh memo from Elizabeth Brandesy, Municipal Clerk, Bo of Oakland, Ordinance 25, Code 963, an ordinance amending site, plan, and subdivision procedures. Um applications, we have none. Resolutions, we have none. conceptual we have none uh new and unfinished business. Sure. Which is the presentation from H2M um which is our fourth round obligation. I'll kind of set the table here so you understand what's going on. Uh as you all may be aware in New Jersey there's something called uh obligation for towns to provide affordable housing often known as Mount Laurel. Um it is a constitutional obligation which has been fought about the details of it for 40 plus years or so. Um it used to be that it was all in the courts and then there was the COA council on affordable housing that set numbers that everybody had to comply with. Uh all the towns had to comply with COA stopped being funded and and went out of business. Uh then there was more fights in the court um on what exactly this constitutional obligation meant. Now, very recently, there was legislation that was signed into uh law and is now what we're doing now. It's the fourth round, which is what will set um every municipality's obligation to provide a reasonable opportunity for affordable housing to exist in the municipality. [Music] Um and so it parcels it out. It decides this stuff well. I've worked for

menum and she she knows her stuff. is going to explain it very well. But what it goes on and the process that was set now with this new legislation, which is a little bit different, is that um there's a lot of very tight time frames and it it is clear that the people that wrote this legislation were not land use attorneys because of the timing. They have to have the agreement on what the number is going to be and then there has to be a master plan amendment by this board and then within 48 hours the governing body has to endorse it and it has to move on. So what towns are doing and and Pomp is doing is giving you all a heads up because you do the master plan. So so you understand where the numbers are. ask any questions that need any understanding because next month there will be an amendment to the master plan that puts this in place um that allows for it to happen. And so that now is just an explanation of what's going on. Um you know next once the you know the the number that is on the settlement is decided now um it has to be uh the zoning will eventually have to change to allow that in certain places in order for the zoning to be compliant. The master plan has to be amended to allow to provide that uh certain areas would be good to have affordable housing and multi-unit housing. That's what we're doing. Making sure it all sets up timewise. You all understand what's going on, what the plan is, what the thought is, what the settlement was. If it doesn't work and we don't do things on time, then then the burrow will be subject to a builder's remedy. What that means, as you you may or may not remember from 10 years ago, is that if Pompton Lakes is not does not comply with the constitutional obligation to provide affordable housing, a builder can come in have control of a piece of property and because they bought it or whatever and say go to the court and say, "I want to build 427 units on Wanaki Avenue in a 15-story building

because that will satisfy their unmet affordable housing need." And a court will say, "Sounds like a good idea." Yes, they'll take over the zoning and they'll do that. So, we don't want that. So, we're going through the process. That's what's going on. Now, I'm giving kind of a big picture. Son's going to give the all the details and what's, you know, what the settlement is, what the numbers are, what the proposal is, but that's going to be the explanation and with that, I would turn it over to Son if that's okay. So, I'll just introduce S. Sus works for H2M who we've been using for over 15 years to do our COAL. I call it COA. It's all different things. Um this is not something that we can do in our office. We have to hire professionals to do this along with our federal attorneys and our planning board attorneys to make it all work. Uh so son is the is the uh professional that we use to do this. It's very confusing. I'm amazed that she understands all the stuff that has to happen. You're going to hear a lot of stuff thrown at you. You have a question asked, but it can get a little confusing. So I'm going to pass it off and you're off. Thank you. Thank you, mayor. Thank you, Andy. Um so my name is Sanita Javans for short. I'm a professional planner working at H2N. I've been doing affordable housing uh for more than 20 years, the numerous iterations and um I still continue to do that. So sometimes I question why am I doing it? So but um so what I've tried to do here is to give everyone a brief overview and try to um explain the process to you in simple terms. Um and I think Andy's brief face uh about this is mandatory, we have to do that. Um if we don't comply and meet the deadlines, what that does is makes us susceptible to somebody coming in and saying the town is not meeting their constitutional obligation. Here's my site. What

adopting this plan does is provides us with an immunity. So, so um I'm going to just go ahead and explain the process. What I did was I do know there were screens here, but it's best if you can, you know, um you have handouts. You can take a look at it if you can't see the screen. So, um basically the history this has been happening for more than 38 years. They there were different iterations round one, round two, but the the past 21 years with round three there were numerous iterations which finally as Andy explained um that um they had um the uh the Supreme Court abolished council on affordable housing and uh gave the jurisdiction back to the court. So you know originally from round one to and uh the prior iterations um the fair housing act of 1985 uh basically um it was a legislative response to what we call as Mount Laurel cases and it provided a foundation to establish this uh state agency called as council on affordable housing to administer municipal compliance and um you know it got abolished and since 2015 so for the past 10 years the courts have taken over. So we are uh assigned a court adjudicator we are assigned a court uh whatever is in our visage a judge and that's how we're going through this process since the past 10 years and this year is no exception. Um and uh I think so so this uh slide is I I don't want to belabor the point but it just provides that history for the past 38

years and uh one thing good for us here in uh Palton Lakes is um as the mayor said not withstanding whatever is happening around us we continue to be compliant so we are in a good you know we are in a good shape today which is great and then I'll just go through the process us to explain where we are today. Okay. Um so I wanted to also give you a brief background of this new legislation the A4 bill um which amended the fair housing act. It was signed uh in last May and it completely eliminated COA and put in a process where as I mentioned we have to go through the court. It's it created new processes. Um it updated a lot of um the prior rules and uh it assigned the department of community affairs which is a state agency to allocate the obligation to to provide uh what each municipality's obligation would be and uh they passed the bill in March um wanted everything done before the end of the year and um uh the DCA They published their uh rules in uh October 2024. They had very specific deadlines which I'll go through. But before going into that, I just wanted to explain to you what do we mean by housing regions. So we have 21 counties in the state and the state has divided that into six housing regions. And what DCA did or as per the legislation was calculate affordable housing for each of the housing regions. Um I don't want to go into the details

uh but region one which we are a part of includes Bergen Hudson Pac and Sussex counties. Now those counties are not similar to each other but this is how the state has allocated us. Region two is SX, Morris, Union and Warren and as and so on and so forth. Um so uh we are in region one. We had an allocation um which the state came up with a number and uh we which is I'll go into detail but it's a total of 150 um 49 uh prior round and 105 which are the fourth round obligation and I'll um uh sorry 49 rehabilitation and um the current obligation of one of five units. Um, so what is affordable housing? So affordable housing is housing that is rented or sold or occupied or reserved for uh low and moderate income households. Now you would ask what is that? Um so what this whole process does is based on your region uh it determines um what your median uh income would be and moderate income households are 80% of the established median income for a particular region. Um 80% is the upper thresholds going downwards up to 50. low income are 50% of the established median income for the region. So basically um I included an income chart just so that you understand um you know for example

if you look uh the median income go all the way to the right for a 5erson household is 130,000. Now, one wouldn't call that a moderate income by any standards, but however that because it's a five person household, the way they write it, that's what it is. Um, and um, it goes down that line. Somebody with a five person household, so husband and wife with three children, and if their household income is 104, that would be considered a moderate uh, income. And I'm going down that list which you have in front of you. So this is again nothing we do. This is what has been decided throughout the state. It they use HUD standards and other um standards and those those thresholds are given to us. Um and this is more background so that you understand what it means to be a mo income or a low income. Uh now yes. Yeah. So, um, when they say the median income and you're saying you're referencing region, so that's for all those counties in the region. That is correct. Not just Pumpton Lakes, correct? Okay. Wow. Thank you. Any other questions? All right. So, my question. Oh, did you have a question, sir? No, I was going to the same one. Same question. Keep me. Okay. They're lumping Bergen County with like Sussex County. Correct. And that's why I preface that to say that this your consultant hasn't done this nor has your attorney done this. These are given to us by the state and we have to follow it. Um, thank you. Yes. Go ahead. No, thank you. Okay. Um so then what I also wanted to uh explain to you what what are the deadlines that were established

by this legislation um and you know what you see on the top was um we've already uh gone through everything you know we negotiated to have our uh number with DCA uh through the report. Um, we we are now at this stage where we have to adopt the housing element and fair share plan. And I also wanted to explain the roles and responsibilities because typically you do the master plan, you make all these recommendations and the governing body then based on that may accept your recommendations or not and adopt ordinances. Right? in this case um so since you guys do the master plan you I'm very familiar with the process um you know your land use plan uh forms a policy framework for any kind of ordinance as for the state as per the municipal land use law your your land use plan as well as your affordable housing plan both of them form a policy framework. So basically when we adopt the plan uh the next step the role of the burough council here is a they have to endorse this housing plan element and fair share plan that's required by statute but then they also continue doing what uh they typically do like adopt ordinances or uh anything any supporting resolutions but the reason why I'm even pointing this out to you because That's a fundamental difference. When we have a master plan, uh the master plan doesn't get endorsed by the governing body. You make

recommendations. The governing body will look at your policies and you know, so if you say recommend reszoning certain areas or whatever it is that your land use plan says, they just take your recommendations and they may either uh adopt ordinances or may just leave it at that. In this case, however, they're required by law to once this plan gets adopted, they have to endorse it and then it gets submitted to the court. So, that's a um one process which slightly differentiates this um plan from your typical master plan, right Andy? So, um so then um moving on. So once we submit this um and we have two months until there is somebody who wants to contest it they have u they have the uh right to do so. I mean um this legislation has been far more uh I think uh clear as to who could uh in the past anybody could come and say we don't like your plan but now they have to have a solid reason um so which I think would work in favor of municipalities who are proposing um a plan that um you know uh will address their affordable housing obligation. Might jump in just a little bit. Sure. The So the squares that weren't there, and you probably got it anyway, but what's happened up to this point? Oh, I'm sorry. I'm Oh, no. What's happened up to this point is what she said. The um the process that happens, generated a number and then Compton Lakes, like every other municipality, had got to look at that number and say, "Do we think it's right? Can we challenge it?" They're going through the process, so we're immune from a suit, but you can say, "No, we think it'd be a different number." They worked out. So the burrow

council and the um planner and the attorney who's representing them in that that stuff went through that process and now has the number and now it's putting it in. So that those steps have been taken by the burrow and now it's going forward with some more steps that be need to be put in place but I didn't mean to interfere but jump in. We've had numerous just what Andy say numerous meetings with son and and Michael and and myself and others about to get to this point where we are this doesn't just happen today over this this has been going on for a year and and to go back I mean Andy and I were talking about this before the meeting u you know having done this uh for so long this is the first time they're trying to squeeze the state is you know trying to make us do this within 5 months time frames it's a very tight frame And uh you know we're doing our best to be in compliance. So um moving on to the next slide. Um so this again just trying to highlight where we are. So um what is your affordable housing obligation? What does that mean? So um an affordable housing obligation uh typically gets divided into uh what they call the the present need and the prospective need. So what present need or rehabilitation component of a affordable housing is based on the census data based on um the state DCA in this case says okay you have you as in Pmpton Lake out of housing region one you have um over 45 um units that are estimated to be over 50 years or um the some of them may lack complete plumbing facility

this and the other um and it's all based on census uh data. What that means for us is we don't have to rehabilitate all the 45 units as a part of our plan. We say okay state we understand we have that obligation and we have programs in place and the state has always had its part of the Bergen carry and we also have a private um uh consultant who's helping out. So what that means is if we need to rehab somebody who's income qualified says oh I need to get my roof replaced uh they could go to Bergen County and do that. So you know we as a town does don't need to actually have to sit and plan for this. This is just that we acknowledge it and have mechanisms in place. Does that make sense? Mhm. So the next part is what is prospective need? Uh prospective need is basically what is called as your new construction obligation. So what that says is okay for the time period from 2025 to two uh to 2035 the next decade. So these obligations each round is for 10 years. So your obligation uh fountain makes is 105 units. It's 105. It's your share on top of that region of four counties. Okay. So that's what they have given that to us and so that gives our total obligation 105 + 45 150 units. I'm Is everyone with me or do I need to explain? So this 105 has to be built. No, I'll go there. I I'm going to go there. Um this is what so so the

legislation puts in your obligation, but there are other things like a town like Pont Lakes is completely built out. So I'll I'll go into the next uh so so that you understand what uh you know what are the next steps for us. So um the legislation also requires you know as you guys do so much your you know the MLUL tells you what constitutes a land use plan where we you know talk about um land uses we talk about storm water resiliency since 2021 they've been you know uh we have these kind of requirements um the warehousing act has uh partic language as to what constitutes a housing plan element. Okay. So we look at census data, we look at your inventory, we look at projections, we analyze your dem demographic characteristics very similar to what we do in a typical master plan. Uh and then we also determine what is your present and prospective fair share. So we write a housing element which is very typical to what we write in the master plan. Demographic analysis, housing analysis, uh employment characteristics but we also write okay state you're telling us we have to provide a plan to meet our obligation. This is how we are going to do. So um so basically we have to follow what the legislation uh or the statutes want us to do and I'm just providing this because when I come next month to present the plan this gives you all a background of what that plan is all about. Uh so uh again we're in the

fourth round and we are planning for the period from 2025 to 20 um uh 35. So then going back to your question um I think um uh you know can we really plan all the 105 units? Do we have the land? Can we even do that? So when there's a municipality like Pton Mates which lacks sufficient developable land you don't have vacant land we did an analysis right the statutes allow uh what we call as adjustment a vacant land analysis a vacant land adjustment we actually go through we've already done this process so we go through the process of identifying if you have any vacant land which is class one property or any public land that is not encumbered by like wetlands or within your open space inventory. Um, you know, we identify this to see if you have anything available. Um, and this is is not just for Palmton Lakes. That's a requirement standard across all the municipalities in the state of New Jersey. Um, jump real quick just so you know why this analysis has to be done. This is a rough explanation of how these numbers get allocated to towns. Imagine something like a Google Earth picture or a satellite photo. They look and they see how much green space and undeveloped things does there appear to be. Well, that's how many acres you could take 105 units. Correct. And now son has to go through the process and say no, that's a park or a swamp or something else that they can't. So that's what's going on. But the initial number is one step and then correct what goes on. And so which which you know which actually to go going back to Andy's point and everybody asking this question where are we going to put this 105? We don't have vacant

land, right? So um so so once they give us this number we identify how much you know a land is truly available. You know okay this is a park get that out. That's wetlands. get that out. And then we actually see what they call as a uh realistic opportunity. So it's called a realistic development opportunity or RDP. So when I actually do the presentation, I'll be throwing a lot of RDP and this is what RDP means. Um so Palmton Lakes when we did this analysis, um it has no vacant land. You all know this, right? So your RDP is zero. So the 105 units is what they call unmet need. So what that means is okay we hear you state you want us to take our share of the region which is 105 units but we have zero uh land to accommodate that. Uh so the statutes also then allows us to get credits for you know work that uh or housing that has already been built or resoning that has already occurred or you know identify areas saying okay should we need we can accommodate some of those units here or we can have a development ordinance in place which we already do. Or we can have um a mandatory set aside ordinance which basically means um if any development results in five or more units um 15% of those would be affordable if it's a rental and 20% would be affordable if

it's for ownership. And the town has already adopted that ordinance as as have many municipalities because it sort of provides us with that protection that nobody can say okay town you're doing nothing you know so we have mechanisms in place which is a good thing if you've always been in compliance like pumpkin lakes has um so what we are trying to do in this plan it's still in a draft format that but I can give you an uh overview of it. Um so we're proposing a plan to create an opportunity for about 25% of these 105. Um so um what we did is uh the statutes talk about mechanisms in place. So some of it is a minimum family housing you know so 25% we're thinking around like let's try and satisfy at least 27 units uh through something that is already existing or you know something that could be realistic and um one of the things that the statutes has done in this round which is going to be helpful for us is that um the maximum age risk restricted uh is uh 30% of the total obligation. But now we're talking about 27 units. So 30% of that is 8 units. So you know we are we have zoning in place for family housing. We we have everything in place right now. It's just a matter of applying that to the fourth round. So am I going too fast or everybody's clear? Right. So these are I just have a

question. Sure. Go ahead. So I saw earlier on that the amount uh that we need projected future need is 150. However, I see that the required units or the unmet need is 27. Can you just really really uh simply say how you got to that? I'm sorry what? How we got to that? Yeah, definitely. I So I I'll explain uh myself. So um you know our obligation is 105. We don't have vacant land available. So we're looking at the vacant we are looking at um the what we call as realistic development potential and it's zero because there's nothing available. Right? So then what happens is we have 105 unmet need. Okay. What we are doing right now is we are having something in place for it's actually I wrote 27 but it might be more than 27 um but it's just that we're having mechanism in place for at least to address like realistically address what's 27%. The rest we have other options. So we're not saying that we oh we're not going to do the 105. We're saying that we have zoning and we have opportunities in place to address 25%. Okay, makes sense. And that's through state statute. It's everything's through the state statute. So um and just so you also understand the the affordable housing obligation is not an obligation to provide built units. it is provide a realistic opportunity to have the affordable housing there. So, so the the solution the the what we have to do isn't build them 105 or any other number. It's to have a realistic

opportunity for them. So, if you had zoning in place that had lots of vacant land and it was multi-unit housing, you're good. We don't we have we have you know quirky stuff is no man but it it is to some extent the state and people in the courts look at it are going to say yeah this number that you got applied was 105 clearly there's no way it could happen what's the realistic opportunity that something could happen so that I think that's what's going on the opposite side to that if you look at Wayne has the open space and open land that's why you see all these bu these things being built because they're trying to meet their obligation because they don't have the 0% like we do they have a number they got to build. So just it really just has to be included in any new building, not mandatory. Correct. Opportunity, right? So like for example in in um in Compton Lakes for example, if somebody's building an apartment over a commercial for example, right, and they're putting in four units, um we have in our in our ordinance that if it's five or more, you have to provide uh 15%. So at least one unit has to be affordable. If it's less than five, so 4 3 2 what we have is um a development fee a residential development which is 1.5% of the equalized market value that you pay at the time of CO. So, but what this ordinance does is if anybody who's looking at our town would say, okay, this town is doing everything to provide, you know, mechanisms to address their affordable housing need, which is what this ordinance, which I think you guys have had it for at least 10 years now, right? So, um, so I I'm just trying to provide an explanation because I I don't know if all of you were there 10 years back. You know, it's the number one question a builder when they're coming into town asks the first question. What's the caller obligation? You have to know what the call

obligation is before they do anything. They don't ask anything else. They want to know that. What about pre-existing? Pre-existing. What do you mean by pre-existing? Well, we had a 42 Lakesides 42 units 52. No, they have both. They have. What I'm just saying they they have units already there. Do they count towards going to the prior rounds? We So anything from the prior rounds don't count this time going forward. So what about this place over here? But most of everything that is has been in existence in the prior round we've accounted for in um in our prior round plans. Right. Anything that's being built or in the process being prior Meridia we don't get credit for that in this 2025 to 2035. That's the prior route. It's a prior satisfied our prior even though it's not built correct finish we when we signed off and got our immunity years ago we essentially as Blake said when Meridia gets built there's going to be this many affordable units so we didn't get sued so that that was a promise that kept us from getting sued you know eight years ago or seven years ago that that's out the door that has to be those affordable this is just so everybody understands thing is an important thing because they win these cases. They go to court and they can win these cases and then you're building things you don't want in town. That's what's happening in Wayne actually. A lot of remedies built and they have no say in it and they can build whatever they want as long as the court says yes to it. So that's why we're trying to stop that by doing this obligation. If we don't, you could get in trouble. And this and to to I want to you know I I want to emphasize the fact that what this plan does is that we have a full control over our zoning. So nobody can come and say let's put in a 10-story building or you know our zoning stands. Um so moving on uh to what are the

mechanisms. So um like I said in our prior plans we thought ahead you know when we wrote our plan um so for example Palton Lake senior housing right um if I go back 30% of the 27 is 8 units right Palton Lake senior housing um a total of 99 units were u are built there 91 already we've taken credits for the prior round because of the senior housing. So we couldn't aware of that credit in the prior round because there was a cap. You can't exceed a certain number because if it if you don't have a cap what the state is worried or that people will just put more senior housing and less family housing. Um so you know so that cap we out of the total 99 we could only avail of 91 credits so that opened up eight credits. So we're thinking okay eight credits we can apply towards the unmet need. Um we had done the tilco site reszoning which is the existing quarry. We had done uh calculated that in the prior round and said okay we are going to use this mechanism uh for the unmet need. So you know we had calculated around 27 units when we wrote the third round plan. So what I did was I studied the third round plan to see how much of that is extra that could apply to this round. So we get a total of 35 units and then going back um the statutes um you know like I said some

some zoning you required to have some zoning standards in place. you need to zone areas so tomorrow if they get redeveloped they can provide um affordable housing. The second thing is another mechanism we have in place is mandatory set aside ordinance which I just spoke about like if you're building five or more units um and it's all rental 15% of that goes towards your uh affordable housing. So they would continue to you know should that development happen around the town um in the future in the next 10 years they would go towards our unmet need. Um secondly since uh I think since uh the second round so it was like round 1999 93 to9 um there was something called as a development fee ordinance. So what that means is that if somebody were to do a development like build a new house or subdivide their property and build three or four houses or um do a residential development, a percentage that is set by the state statute goes towards affordable housing. So you're required to have a trust fund and deposit money in that. So that's called a development fee ordinance. um towns are required to first have an ordinance in place and then correspondingly uh establish an affordable housing trust fund. Um we've had this for the past 10 years I would say. So you know so we are satisfying that mechanism as well. Um so I think I'm at the end of my presentation. Um, so the hardest thing and it's the hardest thing for me to comprehend when she's talking about where we're getting units. These are ideas of where we may be able to put units. That doesn't mean we're going to

build them and put them there. This is just space that's been set aside that maybe someday units could go there. So if you I know she's going to go to the last page and it's actually till um we're identifying that as open space when they leave the quarry that maybe somebody's going to build there in the future. That's saying that that's not going to happen. We don't know that. There's no set plan for that, but we're identifying that as an area that could meet some of our car maybe never happened. We identified on top of light, you know, years ago to build apartments that never happened, but it helped us get to some of our numbers and right and you know and Fontton Lake Senior Housing, we already have that. So, you know, that's a we that's a real it's already there. So, we are going to get credit that eight units would satisfy our unmet need. So, I'm at the end of my presentation. Um, I thank you all for your time and I'm ready to take questions if you have any. We'll get any credit for the uh senior housing. We don't talk about that because we're going to try to sell it as a vet seat. It's vets first. That is for which is a little right than than uh you can speak to that. We Yeah. So I haven't uh prepared the final final plan to discuss at a public meeting but our goal is to aware of every opportunity we can so that whoever reads our plan understands that we want we are not only just complying because we have to but we have been complying because of you know towns that actually have been doing um this kind of work um you know having affordable housing. It's it's easier for consultants like myself and Andy to defend these plans or you know uh and uh put in the doc necessary documentation. So I think what the next step would be um at your at your next meeting um I

will have much prior to that uh by June 6th latest an affordable uh housing and fair share plan that um of course I will send it to Carmelina. she she will have it on file as well as um distribute to the planning board so everybody can read it and then I will do a similar presentation uh for adoption that night and that's a part of your master plan that's an element of the master plan so it's a master plan amendment so it gets noticed and I'll have a there'll be a resolution that night hopefully because in order to stay in compliance that was has to be done and a few other things by June 30th um there'll a resolution adopting that housing element and fair share plan and I think because and that's why they everybody encourage questions because you and the burough council have to be in agreement because um nor sometimes you know master plan can come up take a while no we want to make some changes and go out to next month that can't happen we're we're going to be in trouble if that happens which why it's encouraged that you ask every last question you know make sure that everybody understands this you know There's not a lot. We're putting it's going to be putting zoning in place to allow for it. That's really what's going on. Builders are looking to file that suit the day after that two. There's any time for the next day there's people knocking on the door saying we're going to build the 75s story building. Any question? Because next month we're going to hope to also ask questions, but will there be an option? So, I have I have a couple of questions and thank you by the way. you've made it extremely clear what our process is going forward and I think I have a a very good background after the presentation that you gave. Uh I just wanted to look at the mechanisms part because uh it looks like these are you know two of our options but I know that you know sometimes options fall through and we

might need alternatives. Uh, so first I just want to ask clarifying. So you said that the Palm Lake Senior Housing has already been used towards quotas in the past, correct? No. Um, let me explain. The Palm Lake Senior Housing had a lot of had a total of 99 units. Okay. because the prior rounds so the sec the first second and the third round the prior rounds there was a threshold of 25%. So you know we we don't need to relitigate that but 91 of those units were satisfying the prior round obligations and the town could not take credit for all the 99 back then. So we have eight credits uh or eight units that are available today. Okay, that so those um I'm applying towards this then the prior round uh the prior plan we also have spoken about the tilco reszoning to address the fourth round. So we had done an analysis and said okay we have 27 units that can get generated there. we're using that towards this. The statute also allows when there's an unmet need to have uh what we call the mandatory set aside ordinance. This is chapter 190 if I'm not mistaken of your uh ordinance. Right. So we have that in place which is a me mechanism as per the statutes like the statutes allow us to do that. So I'm listing this so that you as the board have an idea of what I am going to put in the plan when you see it next month because the next month when you see it

and you know you've read this 10 years back it's a very complex and a dense document and I wanted to simplify it so that you understand that if I put in all these this demographic information I am required to do by the statute and really what I would again you can read everything you want to read but and please correct me if I'm wrong but I feel you know what the main decision that you would take on that you have to take on is the pressure portion of the plan because based on that if there's any um and I think till conzone to age if I'm not mistaken. So we already have the mechanisms in in place. I would say that you know that's all we're going to apply. So so I guess that's it. Um does that answer your question? I I guess it does. What I was I the roundabout thing that I wanted to get at is I see one of which is a new zone and one of which is existing and so I was just going to ask if you have any other resources. They're all they're all existing. None of it is. Yeah, because that's what I was trying to say is that, you know, towns like Pton Lakes and a few of my clients who actually always complied, it's a it's not such a heavy lift. And I'm sure Andy would agree with me too with some of the towns that have constantly being right. So when you have mechanisms in place, it's like, okay, we have this mechanism in place. We didn't use it in the prior rounds. We're going to use it now. and it's well within our right to do so. So maybe to help you answer your question, say a developer comes into town and he has an idea of a project in an area that we think of. He says, "I want to build 20 units there and never build it." I

then bring that to her and say, "Well, somebody did show interest in this space for 20 units." So that becomes part of the plan. Now maybe it gets built, maybe it never gets built, but it's part of that plan at that point. I I understand process. I was just asking are there any other places like Sure. Identify that. Okay. And that will be identified in the next. Yeah. So should there be we we may not need to. I think we have a very good plan in place but yes should there be will definitely identify that. That's all I wanted to know. Of course. Yeah. And and essentially what's before you is this is what is in her reason and our reason judgment will be acceptable. We you know we we're not going to build 105. That's not going to happen. But what will be acceptable based upon all the constraints and changing some zoning tilcon zoning and the fact that we couldn't you know you can't use all those age restricted ones before. So we have a credit so this is something that would comply and that goes back to my original beef that everybody had with with Mount Laurel is that the court said all towns have a a constitutional obligation to provide a reasonable opportunity but they never once said what the number was and we've just been fighting about it. So that's what this is. This is the court still hasn't said what it is, but now we have this process in place and there's a reason judgment that this will be acceptable and every town in the state of New Jersey has to do with this by the way. And and we're going to see son tomorrow. Yes. So um I don't think I'm going to come next month. Okay. So we'll talk later. Yes. We'll see some next month. Yes. So uh back to your uh comment mayor you said that say contract comes in after this is put in place say in September and they want to build 20 units we've already satisfied with this so those all 20 the answer is none of them have to be no

they could be used there'll be another 10 years from now right no but I'm saying in September so they want to build 20 units somewhere in identify the need that we have then we're filled we're good we don't have to identify It does not have to be. It could be and then it would be benefit us in 2036. 36. That's right. Because because I I would I would I would uh bring attention to the fact that whatever we did 10 years ago is benefiting us today. you know, so whatever happens 6 months down the line and somebody comes up with something um which is reasonable in in compliance with whatever uh mechanisms we have set in place like for example the mandatory set aside ordinance or um what have you um if we don't use it now we can use right so but in the master plan going forward will it have a percentage number that we'll have to decide on that 20 units. We don't really do that. It just talks about where that those are the things that are really going to be in the master plan element that you're going to see. What's being proposed, as she said, there's going to be statistics and census data and other stuff, but what's being proposed to change? Yeah. Is those things should be available. Other stuff is already in place, so you don't have to change it. But the math part Okay. Yeah. No, no, no, no. You're not interrupting me. And just so that you understand, so if say I'm a developer, right, and um I come up with these 20 units you're talking about and they're all family. So I'm saying 20% of this will be affordable. I will come to you with the with my engineer and planner and architect and do a testimony. If it's a varance free application by right I I get approval

and then you're going to say okay I I would like you to use an arborit here or you know what whatever that is but then when it goes for building permits and then it goes for resolution compliance and then it goes for the other steps that's when you know Andy when he writes the resolution he'll put language in that out of those 20 units four units have to be affordable. So whoever is doing the resolution compliance and then your construction official when he's giving the CCO um you know he'll talk to I think triad is your um talk to triad saying okay we have four affordable housing here so then triad will say okay so whoever goes that would be income qualified so then in 2035 you would say oh that 20 unit development on um we're getting four credits towards fifth round. So, Triad, just for people who don't know, is the company we use, our professionals that we use to verify that the income and and all the requirements needed to get in to the co-op is met. So, there we have to hire professionals to do that also uh to make sure they meet the requirements. Um, so the Triad does that for us. Now, saying that, you know, who's paying for that? We've been collecting funds like S mentioned for the last 10 years on some of these offsets. They're they didn't get four units, they've got three and they bought out. So, we have probably over $160,000 in this account that can go to rehab some of houses that need help or to pay some of these costs for the administration side of it. There's a percentage you can use for the administration costs. So, we do have an account with money in it that can only be used for certain things, but some percentage of that used to pay off some like a triad or things like that. I don't know if that helps. Okay. Anything else on the board?

Thank you everyone for your Thank you. Sean, thank you. Thank you, son. Thank you. Um, we have some other new business here. Um, we have a uh the board to discuss uh a recommendation to the council for a change in ordinance requiring uh regarding the correspondence from Township of Wayne dated April 17, 2025. Mr. Chairman, if I could make a comment on that. Thank you, John. All right. So, uh, last month two of the memos were from Wayne Township. One of them stated um no structure containing a nonconformance use shall be modified and went on to the whole thing. My only question is it made sense and but it seemed like this is kind of late in the game to kind of come up with that because it seemed pretty obvious. So I'll ask the question to pump the links. Do we have that in play? That was my question. What was this? I didn't actually read it. As I said, the air conditioning is out in my building and so I've not been in there in two days, but some documents I normally have. So, it's been a little administratively difficult. So, I didn't get a chance to read it. Got it. So, again, it was last month's um memo. It just said no structure containing a nonconforming use. I'll talk to you. it sounds like cannot apply for any kind of modification change until they get the proper use in place, which seemed obvious. You know, if they're sitting in a business use and they're not a business, but they're looking to expand, they shouldn't get a permit, you know, but I just want if they just put it Wayne just put it in last month, I I'm kind of hoping we would have it. So, I guess the question is that's really an element of the municipal land use law. If there's non-conforming use and you expand it, that's a devariance. They'd have to go to the board adjustment anyway. You can't though even if you prohibited it, that's exactly why the board of adjustment exists to give use

variances. So, it's it's really within the municipal land use law, but I'd have to see exactly how much they're trying to restrict it. I have to do that next month. I'll read it better and I'll I'll give you sounds good. But I I could compare it to, you know, what we have um to what they're writing, but generally you're they'd have to go the more adjustment. Got it. Okay. So, and the second one was dated photos. Whenever we get any of the applications from the building department, first thing I do is Google it and then see what the photo, the picture of the house, the property, the building, whatever it is. It would almost make sense. Wayne put it in as a a requirement for their submission. Maybe we should do the same thing to kind of make it easy for everybody on their review process. I've heard that other places. I think it's extending what my advice. I think it's a good idea. It has to go that has to be done by as you know done by ordinance because that would change the basically the checklist in the application. But I think it's a very good idea. So you guys would make a request to the rural council to change the checklist make that a requirement. If that's something you want to talk about or at another time, you put a written request in to us. Okay. All right. I'll talk to M the chairman. Yeah. And and you give your reasons. You say why you Okay, sounds good. That is all I have. Thank you. Any other questions from the board? I like to open up public discussion if there's any. Uh seeing none, we'll close public discussion. Um, have a motion for adjournment. Motion second. I'm sorry. What was that? Was 10 and pull and pull. Okay. All in favor? I I meeting I've had 10 times over.