Hardyston's Township Council is disputing the state's "fair share" estimate of the affordable housing it needs to add over the next decade, arguing there is far less buildable land in town than Trenton thinks.
Ahead of a state deadline, the committee approved a resolution last month estimating its future needs for low- and moderate-income dwellings at 548 units. The state says the need is higher − 674 units - under a new law meant to speed the production of affordable housing.
Hardyston would like to see even less than that 548 over the next decade to avoid overdevelopment, but it expects to face "builder's lawsuits" along the way, Township Manager Carrine Kaufer said.
The mandate to build more housing stems from a series of landmark decisions in which courts ruled New Jersey towns have a constitutional obligation to provide their "fair share" of affordable housing, and to remove exclusionary zoning.
The state's housing program is split into rounds that typically last a decade. July 1 begins the fourth round and most municipalities are mandated to have a future needs assessment in place for the 2025-2035 period, Kaufer said.
Under a formula that looks at a town's open acreage, population and other factors, the state Department of Community Affairs estimated obligations for each municipality in New Jersey. Towns had until Jan. 31 to either accept that calculation or suggest alternative numbers.
Hardyston questions state calculations
Hardyston says the DCA overestimated its developable land because it didn't properly take into account the town's inclusion in the Highlands Preservation Area, where building is restricted to protect water sources used by other parts of the state.
Other land is unsuitable for building because of wetlands, steep slopes and preserved forests, according to the committee's resolution, adopted Jan. 24. In addition, some property counted as available is already approved for gravel mines or sits within an established golf course, the town said.
State officials estimated Hardyston has 325,548 acres of developable land while the town believes the proper number is just under 84,000, the resolution said.
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The town is in DCA's Region One which includes Sussex, Passaic and Bergen counties. Kaufer noted Sussex is the most rural of those counties.
The DCA's calculations would have set an even larger goal for the town of 1,622 affordable units over the next decade, the highest in Sussex County. But state law caps future housing obligations at 20% of the current number of households in a municipality, bringing Hardyston's goal down to 674.
The council resolution also said Hardyston reserves the right to adjust its estimates based on future land uses and restrictions.
Housing advocates may challenge
The Fair Share Housing Center, a nonprofit group that advocates for affordable housing in New Jersey, said it needed to study the township's filing before deciding whether to challenge it. "We’re going to take a closer look at that and decide whether we file an objection," Executive Director Adam Gordon said in an email. " It seems unlikely that the state's calculations are off by that much.
"In any case," he said, "the 25% increase in municipalities participating in the process validates the intent of New Jersey's new affordable housing law − making the process more transparent, reducing litigation costs, and ultimately encouraging more municipalities to participate."
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