Dear Editor:
Pasippany-Troy Hills Township Attorney John Inglesino said Memorandum of Understanding (MOU) between Highlands Water Protection & Planning Act and Affordable Housing was no longer valid.
He is wrong. COAH does have environmental policies like leaving steep slopes, or properties on list for open space. Highlands would make even stronger where housing goes. Parsippany was in a state of conformance from July 2010-June 2014.
Waterview could of been put on a “checklist” to give it the expected highlands protection during the time. Our own steep slope ordinance Master Plan Goals 2, 7, 10, Troy Brook study all could of made Citizens Goal possible. Forge Pond also would of been gotten in the same manner. Being in complete regional master plan conformance also brings legal shields from developers lawsuits and brings more transparency and citizens participation if they want it..
Also told by UPS person they paid $6 million for the property in Morris Corporate Park, so why would they go to Georgia, plus they got the PILOT deal. Barberio had to allow more office space to be built, to validate his claim to have more occupied. He thinks he’s some great job creator instead of making sure our Municipal workforce is doing their jobs and enforcing ordinances. He never noticed or cared about the conditions on North Beverwyck. Recycling is still not according to the law either all too many establishments ignore or have no disciple in this this.
Nick Homyak
From Highlands Coalition on MOU…
In 2008 soon after the RMP was adopted Governor Corzine issued Executive Order #114 that among other things directed COAH and the Highlands Council to fairly balance the needs to promulgate affordable housing as stipulated by the Fair Housing Acts, with natural resource protections for the Highlands Region, as stipulated in the Highlands Act. Accordingly, once the memorandum of understanding was signed, the Highlands Build Out reports (a required conformance module), which calculated the ultimate development potential of a town, including the number of affordable units, would be considered as certified by COAH. Across the state muni’s were as freaked then as they are today with the prospect of being forced to reconcile their Constitutional obligations under the Fair Housing Act. Almost all Highlands muni’s, even those who had viciously opposed the Highlands Act, were clawing past each other to file Notice’s of Intent to Conform to the Highlands Regional Master Plan with the Highlands Council. Corzine had issued additional Exec Order that stated that by merely filing a NOI, they could choose between the build-out under their current zoning to determine their AF numbers, or the Highlands. And in almost all cases the Highlands numbers were significantly lower.
The Fair Share Housing Center immediately challenged the MOU in Court. But, the RMP and the MOU were upheld. I’ve attached the FSHC challenge and Judge Skillman’s decision. The FSHC brief includes a copy of the MOU in its appendix.
