BOROUGH OF CALIFON
Hunterdon County, New Jersey
HIGHLANDS MODULE 3 - PART I DOCUMENT
FOR SUBMISSION TO THE NEW JERSEY HIGHLANDS
COUNCIL
FOR BASIC PLAN CONFORMANCE
December 8, 2009
Submitted for Review to the
Califon Planning Board/Zoning Board of Adjustment
and Califon Borough Council
November 11, 2009
__________________________________________________________________
Prepared by Elizabeth C. McKenzie, AICP, PP
License No. 33LI00229400
TABLE OF CONTENTS
Page
CALIFON BOROUGH’S FAIR SHARE OBLIGATION...........................................
1
Components of the Third Round Obligation................................................
1
Determination of Applicable Obligation.......................................................
2
SUMMARY OF PRIOR ROUND COMPLIANCE....................................................
4
IDENTIFICATION OF POTENTIAL THIRD ROUND COMPLIANCE
MECHANISMS........................................................................................................
7
PRIOR ROUND SITES...........................................................................................
8
THIRD ROUND SITES............................................................................................
8
HOUSING TRANSFERS.........................................................................................
9
APPENDIX............................................................................................following page 9
CALIFON BOROUGH’S FAIR SHARE OBLIGATION
Components of the Third Round Obligation
COAH’s determination of the municipal Third Round fair share obligation is comprised
of three components: the prior round obligation, the rehabilitation obligation and the
third round “growth share” obligation. For the Borough of Califon, the COAH numbers
are as follows:
Table I
Third Round Total Affordable
Housing Obligation
Prior Round
21
Obligation
Rehabilitation
3
Obligation
Third Round
7
Obligation
Total
31
COAH’s determination of the presumptive Third Round obligation is based on its
consultants’ projections of household and employment growth by municipality through
the year 2018. The 7 unit Third Round obligation for the Borough is based upon a
projected employment growth of 40 jobs and a projected household growth of 24
dwelling units, all between January 1, 2004 and December 31, 2018. COAH then
divides the projected household growth by 5 and the projected employment growth by
16 and adds the two results together to determine the Third Round fair share obligation.
Determination of Applicable Obligation
Municipalities that are located in the Highlands Area and that are either required to
conform to the Highlands Regional Master Plan or elect to do so are subject to
limitations on the amount of development that will be permitted due to the amount and
capacity of vacant developable land in both wastewater and septic system service
areas, utility capacity and resource based capacity (Net Water Availability).
As demonstrated in the Table below (developed from Table 4 of the Municipal Build-Out
Analysis prepared by the Highlands Council for Califon), the Highlands Council has
determined that Califon has a maximum future build-out of no new dwelling units and no
new employment opportunities based on septic density limitations. Therefore, the
Borough has no projected “growth share” obligation. This maximum build-out number
does not take into account development that is exempted from the Highlands Act.
Exempted development (generally isolated single-family dwellings) could increase the
actual build out of the Borough and thereby create a “growth share” obligation.
_____________________________________________________________________
Municipal Build-Out Results with Resource and Utility Constraints
Preservation Area
Planning Area
Totals
Residential units –
Sewered
0
N/A
0
Septic System Yield
0
N/A
0
Total Residential Units
0
N/A
0
Non-Residential Jobs –
Sewered
0
N/A
0
Source: Table 4, Municipal Build-Out Report for Califon Borough, prepared by New Jersey
Highlands Council, 2009.
______________________________________________________________________
2
Municipalities conforming in the Highlands Area may elect to use either the Highlands
full build-out number or the COAH projection through 2018. If a Highlands municipality
elects to use the Highlands build-out number, it is also obligated to address the fair
share obligation associated with any growth that has occurred in the municipality since
January 1, 2004.
According to The New Jersey Construction Reporter, a total of four (4) residential
Certificates of Occupancy were issued in the Borough from January 1, 2004, through
July 31, 2009. Additionally, a Certificate of Occupancy was issued for a total of 14,129
square feet of mercantile space, according to the same source. The mercantile space
was a pharmacy that obtained site plan approval just before the effective date of the
NJDEP Highlands Preservation Area regulations.
Based on COAH’s “growth share” requirements, the four (4) residential units
constructed since January 1, 2004, have generated an obligation for 0.8 affordable
housing units, and the non-residential space constructed since January 1, 2004, has
generated an obligation for another 1.5 affordable housing units, per Appendix D of
COAH’s Substantive Rules. Califon thus has incurred a total growth share obligation
from January 1, 2004, through July 31, 2009, of 2.3 or three (3) affordable housing units
despite the zero future build-out potential within the Borough.
Rounding the 2.3 number up to three (3) units, as COAH requires, will help to cover
unanticipated growth due to isolated single-family residential development that is
exempted from the Highlands regulations. Califon’s Third Round Housing Element
and Fair Share Plan will, therefore, address a Third Round obligation of three (3)
units, rather than COAH’s projected Third Round obligation of seven (7) units.
3
Table 2
Third Round Adjusted Affordable
Housing Obligation
Prior Round
21
Obligation
Rehabilitation
3
Obligation
Third Round
3
Obligation
Total
27
SUMMARY OF PRIOR ROUND COMPLIANCE
Calfion’s prior round affordable housing obligation is 21 units.
The Borough’s Second Round Housing Element and Fair Share Plan received
substantive certification from COAH on June 5, 2002. That plan had proposed to
address the Borough’s 21 unit new construction obligation with three separate
programs: 1) a five-bedroom alternative living facility to be constructed and operated by
NORWESCAP on the site of the former “Basket Factory” (a 0.6 acre portion of Lots 20,
21 and 22 in Block 6) on Center Street; 2) a 6-beroom ARC group home to be
constructed on a lot created from a portion of the Staiano property (Lot 25, Block 18),
pending approval of a subdivision of the entire property into several lots; and a five (5)
unit accessory apartment program.
The Borough had been hard-pressed to come up with a plan to provide 21 new
affordable housing units in the first place due to the absence of sewers within the
Borough and the presence of steep slopes and flood plains on most of its undeveloped
lots. The Legislature’s adoption of the Highlands Act in 2004 and the resulting inclusion
of all of Califon Borough within the Highlands Preservation Area has completely
4
thwarted the Borough’s ability to implement its Second Round Housing Element and
Fair Share Plan.
The Borough made every effort to implement its certified plan, even conveying the deed
restricted "Basket Factory" property to NORWESCAP for a dollar. To date, however,
NORWESCAP has not proceeded with the development of this property due to a
combination of its reconsideration of the originally proposed housing format, its lack of
capital funding and, perhaps, trepidation in the face of the NJDEP regulatory restrictions
for the Highlands Preservation Area. The NJDEP regulations permit waivers to be
granted for 100% affordable housing developments, but Califon’s experience to date
has been that this is not an automatic process and it is certainly not the same thing as
an exemption. Nevertheless, NORWESCAP has declined to convey the “Basket
Factory” site back to the Borough, so perhaps there is some hope that this site will
eventually produce affordable housing.
The Staiano subdivision, when it was finally presented to the Planning Board, was found
not to be approvable due to the inability to comply with the NJDEP Stormwater
Management regulations as well as other NJDEP regulations resulting from the
Highlands Act. Consequently, the objective of acquiring a lot from that developer for an
ARC group home had to be abandoned.
Lastly, while there was some early interest in the accessory apartments program, none
of the prospective applicants proceeded through the approval process. The Borough
has put the required accessory apartment funding into escrow, however, and that
money remains available to qualified applicants.
As a result of these circumstances, the Borough now has no alternative but to seek an
adjustment of its prior round obligation due to insufficient vacant developable land.
In 2008, in anticipation of the Borough’s submission of a Third Round Housing Element
and Fair Share Plan to COAH in December of that year, an analysis was undertaken of
5
the capacity of the Borough’s remaining vacant developable land to accommodate
inclusionary development, using the Highlands septic density limits for the Preservation
Area. Based on that analysis, the Borough will be seeking an adjustment of its prior
round obligation to zero. A copy of the analysis is included in the Appendix to this
report.
Of course, should NORWESCAP find that the development of the “Basket Factory” site
with a single-family dwelling offering supportive shared living opportunities to low and/or
moderate income persons, whether elderly or not, is feasible and fundable, then any
credits for such development would be applied to the “unmet need” created by the
vacant land adjustment. Additionally, should there be renewed interest from Borough
property owners in the accessory apartment program, any units created under that
program could also help to offset the “unmet need”.
In 2005, representatives of the Borough met with representatives of both COAH and the
Highlands Council to discuss the implementation problems the Borough was facing.
Following that meeting, the Borough applied for and received a Highlands Grant to
study alternative wastewater treatment facilities that might enable existing sites to be
redeveloped or adaptively reused for affordable housing. The result was a
comprehensive analysis of the available alternatives for small scale wastewater
treatment facilities. The study culminated in a report, entitled Evaluation of
Innovative/Alternative Wastewater Treatment Technologies, prepared by Keller and
Kirkpatrick and dated March 24, 2006, that provides a compendium of available
wastewater treatment alternatives for smaller projects. It is not clear whether any of
these wastewater treatment alternatives would be acceptable to the NJDEP in the
Highlands Preservation Area, however, as Califon has experienced resistance to their
use even for 100% affordable housing developments.
In approximately 2006, Habitat for Humanity approached the Borough of Califon about
the potential to use the Tiger property (Lot 13, Block 8) for a 100% affordable housing
development. At that time, it was understood that a Municipal Land Acquisition Fund
6
was going to be made available to assist municipalities in acquiring land for municipally
sponsored affordable housing developments. Clearly, there is no such fund. Moreover,
in preliminary discussions with NJDEP staff, it became evident that there would be
resistance to anything other than a conventional septic system serving one (or perhaps
two) dwelling units on the Tiger property. Habitat has walked away from the property for
the time being, although communication between Borough and Habitat representatives
remains open.
IDENTIFICATION OF POTENTIAL THIRD ROUND COMPLIANCE MECHANISMS
The Borough acknowledges that it has an obligation to establish a housing rehabilitation
program targeted at the rehabilitation to a standard condition of three (3) existing
housing units in the Borough that are currently occupied by qualified low and moderate
income households. The terms of the rehabilitation program will be covered in the final
adopted Housing Element and Fair Share Plan. The Borough will seek credit for any
qualified housing rehabilitation projects completed since April 1, 2000.
Califon still needs to address its three (3) unit growth share obligation for the Third
Round. The growth share obligation must be satisfied even though the Borough is
entitled to a vacant land adjustment for the prior round obligation.
The Borough continues to look at two potential sites on which the three (3) unit growth
share obligation might be able to be addressed. One is the Tiger property (Block 8, Lot
13), mentioned above, and the other is the still undeveloped portion of the Wade
property (Block 2, Lot 3.1) behind the new pharmacy. Each of these sites could be
eligible for the development of one single-family home offering supportive shared living
for persons with special needs under a Highlands exemption, assuming a provider with
sufficient funding could be found. The Borough does not have the funds to offer its own
support for such a project, nor is it required to do so, pursuant to the Fair Housing Act.
7
The above-described special needs supportive shared living housing would satisfy the
growth share obligation number, but waivers from certain of COAH’s requirements
would have to be sought (for example, the 50% family housing requirement and the
50% very low income family housing requirement would not be met). Alternatively, if
Habitat for Humanity were able to construct a single-family home under an exemption
on an existing vacant lot, the extent of the waivers required could be lessened or even
obviated.
PRIOR ROUND SITES
The Appendix to this report presents maps and documentation concerning the Staiano
and “Basket Factory” sites described in the Summary of Prior Round Compliance
section of this report.
THIRD ROUND SITES
The Appendix to this report presents maps and documentation concerning the Tiger
property and the Wade tract, both of which have been identified herein as potential sites
for exempt developments of individual single-family dwellings that could accommodate
special needs supportive shared living housing, if funding for such uses could be found.
If Highlands redevelopment opportunities arise, it may be possible to obtain an
affordable housing unit or two in that context, as well. The constraint to successful
Highlands redevelopment is, of course, the lack of sewerage in the Borough. Should a
developer ever be successful in obtaining approval for a Major Highlands Development
anywhere in Califon, pursuant to a waiver or otherwise, such approval should include
the provision of affordable housing.
8
HOUSING TRANSFERS
The Borough of Califon would be interested in participating in an affordable housing
transfer program, but does not have the ability to fund such a program on its own. The
Fair Housing Act is quite specific that municipalities are not required to expend
municipal funds to create affordable housing.
9
APPENDIX
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Califon Borough
Hunterdon County, New Jersey
BLOCK 2, LOT 3.01 - SITE MAP
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but this secondary product
has not been verified nor
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Califon Borough
Hunterdon County, New Jersey
BLOCK 2, LOT 3.01 - LAND USE CAPABILITY ZONES
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geometry of the parcel from
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Califon Borough
Hunterdon County, New Jersey
BLOCK 2, LOT 3.01 - OPEN WATERS
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geometry of the parcel from
which the subject site was
subdivided (Block 2, Lot 3).
Califon Borough
Hunterdon County, New Jersey
BLOCK 2, LOT 3.01 - FOREST RESOURCE AREAS
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geometry of the parcel from
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subdivided (Block 2, Lot 3).
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Hunterdon County, New Jersey
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Hunterdon County, New Jersey
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product has not been verified nor
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Hunterdon County, New Jersey
BLOCK 8, LOT 13 - LAND USE CAPABILITY ZONES
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SC
H
OO
L ST
HO
FF
M
AN
DR
SC
H
OO
LS
TE
XT
This map was develped using
NJ DEP, NJ Highlands Council
and Hunterdon County GIS data,
but this secondary product
has not been verified nor
authorized by these entities.
Califon Borough
Hunterdon County, New Jersey
BLOCK 8, LOT 13 - STEEP SLOPES
O
0
100
200
Feet
400
ST
M
O
RE
LEGEND
ST
Lebanon Township
Prime Groundwater Recharge Area
Streams
RO
CK
LN
CR
E
SC
H
OO
L ST
HO
FF
M
AN
DR
SC
H
OO
LS
TE
XT
LIM
E
This map was develped using
NJ DEP, NJ Highlands Council
and Hunterdon County GIS data,
but this secondary product
has not been verified nor
authorized by these entities.
Califon Borough
Hunterdon County, New Jersey
O
0
100
200
BLOCK 8, LOT 13 - PRIME GROUNDWATER RECHARGE AREAS
Feet
400
ST
M
O
RE
LEGEND
ST
Open Waters
Lebanon Township
Wetlands
Open Water Buffers
LN
CR
E
RO
CK
Riparian Areas
LIM
E
C1 Streams
SC
H
OO
L ST
HO
FF
M
AN
DR
SC
H
OO
LS
TE
XT
This map was develped using
NJ DEP, NJ Highlands Council
and Hunterdon County GIS data,
but this secondary product
has not been verified nor
authorized by these entities.
Califon Borough
Hunterdon County, New Jersey
BLOCK 8, LOT 13 - OPEN WATERS
O
0
100
200
Feet
400
ST
M
O
RE
LEGEND
ST
Lebanon Township
AE - 100-Year Flood Zone
Streams
RO
CK
LN
CR
E
SC
H
OO
L ST
HO
FF
M
AN
DR
SC
H
OO
LS
TE
XT
LIM
E
This map was develped using
NJ
DEP,
FEMA
and
Hunterdon County GIS data,
but this secondary product
has not been verified nor
authorized by these entities.
Califon Borough
Hunterdon County, New Jersey
BLOCK 8, LOT 13 - FEMA FLOOD ZONES
O
0
100
200
Feet
400
ST
M
O
RE
LEGEND
ST
Lebanon Township
Agricultural Resource Area
Streams
RO
CK
LN
CR
E
SC
H
OO
L ST
HO
FF
M
AN
DR
SC
H
OO
LS
TE
XT
LIM
E
This map was develped using
NJ DEP, NJ Highlands Council
and Hunterdon County GIS data,
but this secondary product
has not been verified nor
authorized by these entities.
Califon Borough
Hunterdon County, New Jersey
O
BLOCK 8, LOT 13 - AGRICULTURAL RESOURCE AREAS
0
100
200
Feet
400
CR
E
ST
M
O
RE
LEGEND
ST
Lebanon Township
Existing Water Service Area
Existing Sewer Service Area
E
RO
CK
LN
Streams
SC
H
OO
L ST
HO
FF
M
AN
DR
SC
H
OO
LS
TE
XT
LIM
This map was develped using
NJ DEP, NJ Highlands Council
and Hunterdon County GIS data,
but this secondary product
has not been verified nor
authorized by these entities.
Califon Borough
Hunterdon County, New Jersey
O
BLOCK 8, LOT 13 - WATER & SEWER UTILITY SERVICES
0
100
200
Feet
400
E
RIV
D
RR
I
RA
LR
O
AD
This map was develped using
NJ DEP and Hunterdon County
GIS data, but this secondary
product has not been verified nor
authorized by either entity.
E
AV
ACADEM
Y
CO
BU
KES
RY
ST (CR 5 1
2)
RD
Lebanon Township
Califon Borough
Hunterdon County, New Jersey
BLOCK 18, LOT 25 - SITE MAP
Tewksbury
Township
O
0
150
300
Feet
600
RI
R
VE
RD
I
RA
LR
O
AD
LEGEND
E
AV
Zones
Conservation Zone
Existing Community Zone
Protection Zone
A
AC
Subzones
Conservation Environmentally Constrained
Existing Community Environmentally Constrained
Y
M
DE
(
ST
CR
2)
51
Streams
This map was develped using
NJ DEP, NJ Highlands Council
and Hunterdon County GIS data,
but this secondary product
has not been verified nor
authorized by these entities.
CO
BU
KES
RY
RD
Lebanon Township
Califon Borough
Hunterdon County, New Jersey
BLOCK 18, LOT 25 - LAND USE CAPABILITY ZONES
Tewksbury
Township
O
0
150
300
Feet
600
ER
RIV
RD
RA
I LR
O
AD
A
LEGEND
VE
Slopes > 10%
Slopes > 15%
Slopes > 20%
A
AC
Streams
M
DE
Y
This map was develped using
NJ DEP, NJ Highlands Council
and Hunterdon County GIS data,
but this secondary product
has not been verified nor
authorized by these entities.
(
ST
CR
2)
51
CO
BU
KES
RY
RD
Lebanon Township
Califon Borough
Hunterdon County, New Jersey
BLOCK 18, LOT 25 - STEEP SLOPES
Tewksbury
Township
O
0
150
300
Feet
600
ER
RIV
RD
IL
RA
RO
AD
LEGEND
E
AV
Prime Groundwater Recharge Area
Streams
A
AC
Y
M
DE
This map was develped using
NJ DEP, NJ Highlands Council
and Hunterdon County GIS data,
but this secondary product
has not been verified nor
authorized by these entities.
(
ST
CR
2)
51
CO
BU
KES
RY
RD
Lebanon Township
Califon Borough
Hunterdon County, New Jersey
Tewksbury
Township
O
0
150
BLOCK 18, LOT 25 - PRIME GROUNDWATER RECHARGE AREAS
300
Feet
600
ER
RIV
RD
I
RA
L
RO
AD
A
LEGEND
VE
Open Waters
Open Water Buffers
Riparian Areas
A
AC
C1 Streams
M
DE
Y
This map was develped using
NJ DEP, NJ Highlands Council
and Hunterdon County GIS data,
but this secondary product
has not been verified nor
authorized by these entities.
(
ST
CR
2)
51
CO
BU
KES
RY
RD
Lebanon Township
Califon Borough
Hunterdon County, New Jersey
BLOCK 18, LOT 25 - OPEN WATERS
Tewksbury
Township
O
0
150
300
Feet
600
ER
RIV
RD
IL
RA
RO
AD
LEGEND
E
AV
Forest Resource Area
Streams
A
AC
Y
M
DE
This map was develped using
NJ DEP, NJ Highlands Council
and Hunterdon County GIS data,
but this secondary product
has not been verified nor
authorized by these entities.
(
ST
CR
2)
51
CO
BU
KES
RY
RD
Lebanon Township
Califon Borough
Hunterdon County, New Jersey
BLOCK 18, LOT 25 - FOREST RESOURCE AREAS
Tewksbury
Township
O
0
150
300
Feet
600
ER
RIV
RD
IL
RA
RO
AD
LEGEND
E
AV
Critical Wildlife Habitat
Streams
A
AC
Y
M
DE
This map was develped using
NJ DEP, NJ Highlands Council
and Hunterdon County GIS data,
but this secondary product
has not been verified nor
authorized by these entities.
(
ST
CR
2)
51
CO
BU
KES
RY
RD
Lebanon Township
Califon Borough
Hunterdon County, New Jersey
BLOCK 18, LOT 25 - CRITICAL WILDLIFE HABITAT
Tewksbury
Township
O
0
150
300
Feet
600
ER
RIV
RD
IL
RA
RO
AD
LEGEND
E
AV
Agricultural Resource Area
Streams
A
AC
Y
M
DE
This map was develped using
NJ DEP, NJ Highlands Council
and Hunterdon County GIS data,
but this secondary product
has not been verified nor
authorized by these entities.
(
ST
CR
2)
51
CO
BU
KES
RY
RD
Lebanon Township
Califon Borough
Hunterdon County, New Jersey
Tewksbury
Township
O
0
BLOCK 18, LOT 25 - AGRICULTURAL RESOURCE AREAS
150
300
Feet
600
ER
RIV
RD
RA
I LR
O
AD
A
LEGEND
VE
Existing Water Service Area
Existing Sewer Service Area
Streams
A
AC
Y
M
DE
This map was develped using
NJ DEP, NJ Highlands Council
and Hunterdon County GIS data,
but this secondary product
has not been verified nor
authorized by these entities.
(
ST
CR
2)
51
CO
BU
KES
RY
RD
Lebanon Township
Califon Borough
Hunterdon County, New Jersey
Tewksbury
Township
O
BLOCK 18, LOT 25 - WATER & SEWER UTILITY SERVICES
0
150
300
Feet
600