Municipal Matters: April 2025

March 28, 2025

Hello!

March has rolled in and with it another birthday for me. We celebrated with a visit to our daughter in Boston, and enjoyed a walking tour of the Freedom Trail, highlighting areas leading up to and influencing the American Revolution. Our tour guide, a retired history teacher from Austin, TX, brought to life the courage of those who chose to rebel against an oppressive regime.  As I’ve shared, our Township is celebrating its 265th Anniversary this year and we are gearing up for our Nation’s 250th next year. I’ll share how we will be celebrating these Anniversaries in an upcoming issue.

During March the Township Committee passed three recognition resolutions celebrating and promoting awareness of the contributions of two vital communities and one national resource, including Women’s History and Developmental Disabilities Awareness at the March 11th meeting, and National Agricultural Month on March 25th. As liaison to the Agricultural Advisory Committee, I was invited to introduce and present the resolution to Mr. Joe Sorge, Chair of the Committee, and Principal of our local Ripple Hill Farm. 

In addition, as a member of the Police subcommittee, I participated in the interview process to identify candidates for promotion to Lieutenant.  Det/Sgt. Brian Fallon was sworn in as Lieutenant at the March 25 meeting. He has worked in the Bernards Township Police Department for 22+ years and has 26 years of law enforcement experience.  Along with Lieutenant Fallon, Corporal Michael Yeo, who has worked in the Bernards Township Police Department for 16 years was promoted to Sergeant, and Officer Rhys Marten, who has worked in Bernards for 10+ years, was promoted to Corporal. 

Spring is here, and the Environment Commission is promoting the upcoming Native Plant Sale in partnership with the Great Swamp Watershed. The sale, from April 1-April 18, goes live on April 1.  You can shop for individual native plants and pollinators.  Distribution will be at Ross Farm – May 3rd (10:30am). I purchased a pollinator kit last year through the plant sale and was delighted with the arrival of butterflies and friendly bees in my garden.

Affordable Housing

The primary municipal issue of March was Affordable Housing, in particular the two ordinances introduced at the March 11th meeting.  As background, the Department of Consumer Affairs (DCA) set a fourth round Affordable Housing obligation of 218 units for Bernards Township. On January 28th of this year, the Township Committee unanimously approved resolution #2025-0107.  Through the resolution, the Township committed to the Department of Consumer Affairs’ Round Four present need of 24 Units, and a modification of the Department of Consumer Affairs’ Round Four Prospective Need obligation of 218 Units to 171 Units.  In addition, within that resolution, it reads that “WHEREAS, the Township also reserves the right to adjust its position should it participate under the Highlands Water Protection and Planning Act, L. 2004, c. 120”.  

Two additional points:

  • Bernards Township was among 159 municipalities that filed to modify the housing obligation suggested by the non-binding guidance of the Department of Community Affairs.
  • Bernards Township was also among the more than 430 municipalities that filed ahead of the January 31 deadline to voluntarily comply with the state-imposed affordable housing requirements and the passage of PL 2024, c. 2.

The deadline for third-party challenges to the municipal filings was Friday, February 28. Following an initial review, there were two major developments.   First, the New Jersey Builders Association filed to challenge the filing of all 159 municipalities including Bernards Township, that sought modifications. Second, the Fair Share Housing Center (FSHC) filed challenges to 68 of the 159 municipalities, including Bernards Township, seeking modifications. In doing so, FSHC is seeking to reallocate the modified units amongst the 159 municipalities.  Essentially, FSHC wants to maintain the overall statewide number by transferring obligations from one municipality to another.

Bernards Township entered into mediation and the outcome will determine the fourth-round obligation. Resolution 2025-0195 Authorizing Entry of and Execution of Mediation Agreement was passed at the March 25th meeting whereas the Township submitted a new fourth-round obligation of a present need of 24 units, and a prospective need of 198 units.

What are the Affordable Housing Ordinances Introduced March 11th?

There were two ordinances (2025-2573; Ridge Oak, and 2025-2074; Westgate) introduced with the purpose of meeting our affordable housing obligations.

Ridge Oak – In January 2023 the Township Committee approved Resolution #2023-0119 supporting The Ridge Oak Management Inc. in its desire to apply for state funding “for the purpose of developing approximately 29 rental apartment units of age-restricted affordable housing to be designated as Ridge Oak IV.”  The proposed project, according to the resolution, would demolish a single-family home on Manchester Drive and replace it with the apartment complex on the two-acre lot at Block 1611, Lot 40.   

Ordinance 2025-2573, was introduced on March 11, 2025. The purpose of this ordinance amendment is to provide for the housing needs set forth in the Township Master Plan. This amendment creates a new SH-4 Senior Housing Zone adjacent to the Township’s existing SH-1, SH-2, and SH-3 Senior Housing Zones, all of which are presently occupied by the Ridge Oak senior housing community.  The new SH-4 Zone, which encompasses two acres at 95 Manchester Drive, will permit the construction of one, two-story building containing up to 29 age-restricted dwelling units, all of which will be affordable to low-income seniors.

Westgate – In December 2023, Ordinance 2023-2541 was approved by the Township Committee creating an overlay for 374 units of senior housing.  The ordinance included a Maximum Number of Multifamily Dwelling Units: 374, and a Maximum Number of Hotel or Extended Stay Hotel Guest Rooms: 150.   

Ordinance 2025-2575, was introduced on March 11, 2025. The purpose of this ordinance amendment is to create the Westgate Village Mixed Use Zone, which encompasses the same property presently located within the Westgate Village Mixed Use Senior Overlay Zone within the E-3 Zone, i.e., 477 Martinsville Road, also known as Westgate Corporate Center.

Compared to the existing overlay zone, the new zone permits less nonresidential floor area and more dwelling units, which will be family rental units as opposed to age-restricted (senior) units, to better address the Township’s Statutory affordable housing obligations. At least 115 of the dwelling units will be affordable to low- and moderate-income families.

Both Ordinances were reviewed by the Planning Board at the March 18th meeting and were found to be inconsistent with the Master Plan. The Ordinances will be on the April 15th Township Committee meeting agenda, including a public hearing, and vote.

There was significant public comment at the March Township Committee meetings both in opposition of, and support for the ordinances. Concerns were raised relative to, among other factors, the traffic, impact on schools, the size and scale of the projects, impact on surrounding homes, and the need for more special needs housing.  In contrast, residents from Ridge Oak spoke about the gratitude they feel for having an affordable residence, and their hope that the community understands the need for seniors on low/moderate income to have housing, some of whom experienced up to a three year wait. 

There were also many who voiced their support for the consideration of conformance to the Highlands Council, which could potentially lower the fourth-round Affordable Housing obligations.  While conformance to the Highlands Council is a unique opportunity for Bernards Township to join our state in supporting the Highlands Water Protection and Planning Act, the concept was introduced to me in November 2024 at the League of Municipalities conference. 

Unfortunately, the window to consider conforming to the Highlands appears to have closed.  I voted “no” on the adoption of the aforementioned Resolution 2025-0195 Authorizing Entry of and the Execution of Mediation Agreement. I believed at the time of our vote, that there remained a pathway to achieve conformance with the Highlands Council. Unfortunately, following our meeting, legal counsel has provided additional information suggesting otherwise. To summarize, Pursuant to N.J. S. A. 52:27D-304.1- 3. D. of the new Act signed by Governor Murphy on March 20, 2024, the Fair Share Housing Center (FSHC) will vigorously oppose, and not agree to any adjustments of a Prospective Need number, unless the name of the municipality had been supplied by the Highlands Council to the Department of Community Affairs  as required by the Law on or before March 25, 2024, as the calculation of regional need was based upon only those towns that had conformed to Highlands  prior to March 20,2024.  To that end, regardless of the outcome, I will continue to advocate that Bernards Township consider the Highlands Council in the future as we plan for the community we want to be.

Thank you as always to those who are attending the Township Committee meetings. Reminder that we have a new meeting start time of 7:30pm!

Your Voice Matters! You can contact me with township questions/thoughts/comments at (201) 306-0178, or via email at amccarthy@bernards.org. Please note that any correspondence sent to me will be visible to the full township committee and clerk. 

Ana

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