RESOLUTION 2008-42
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING
BETWEEN THE HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL AND
THE COUNCIL ON AFFORDABLE HOUSING
WHEREAS,
the Highlands Water Protection and Planning Act (Highlands Act) has created a public body
corporate and politic with corporate succession known as the Highlands Water Protection and Planning
Council (Highlands Council); and
WHEREAS,
the Highlands Act created the Highlands Council, a regional planning agency, to develop,
adopt a Regional Master Plan (RMP) with a goal of protecting and enhancing the significant values of the
resources of the Highlands Region (Sections 8 and 10 of the Highlands Act); and
WHEREAS, pursuant to Section 6.g of the Highlands Act, the Highlands Council is empowered to "enter
into any and all agreements or contracts, execute any and all instruments, and do and perform any and all
acts or things necessary, convenient, or desirable for the purposes of the council or to carry out any power,
duty, or responsibility expressly given in" the Highlands Act; and
WHEREAS,
responsibility
on a regional
and to require
on July 17, 2008, the Fair Housing Act was amended by P.L. 2008, c. 46, to create a
for the Highlands Council to identify and coordinate opportunities for affordable housing
basis with consideration for infrastructure, employment opportunities, and transportation
a 20 percent affordable housing set-aside in residential developments; and
WHEREAS,
Section 18 of P.L.2008, c.46 calls on the Highlands
affordable housing in the Highlands Region; and
Council to coordinate
the provision
of
WHEREAS, on September 5, 2008, Governor Corzine signed Executive Order 114 to further protect the
Highlands Region and the Highlands Regional Master Plan thereby became effective on September 8,
2008; and
WHEREAS,
Executive Order 114 (Corzine, 2008) states that the Highlands Council shall work in
cooperation with COAH and enter into a joint Memorandum of Understanding
(MOU) with COAH, as
soon as practicable, but no later than November 4, 2008 in order to implement the provisions in
Paragraph One of Executive Order 114; and
WHEREAS, Paragraph One of Executive Order 114 specifies that "[t]he Highlands Council shall work in
cooperation with the Council on Affordable Housing ("COAH"), the Department
of Environmental
Protection
("DEP"), and the Department
of Community Affairs to: (a) review COAH's third round
growth projections for consistency with the Highlands Plan and assist COAH in developing adjusted
growth projections within the Highlands Region, consistent with the Highlands Plan, to. be utilized by
municipalities that conform to the Highlands Plan; (b) create realistic opportunities for municipalities to
address the actual growth share obligation resulting from residential and non-residential
development
between January 1, 2004, and December 31, 2018, in the Highlands Region based on a growth share
methodology under which affordable housing must be built when growth occurs, including the actual
obligation accrued to date of approximately 3,000 affordable units, with consideration for innovative
affordable housing mechanisms that further the resource protection standards of the Highlands Plan; (c)
ensure that municipalities that voluntarily conform to the Highlands Plan support redevelopment
and
development
pursuant to the Highlands Plan to maximize affordable housing opportunities
while
preserving critical environmental
resources; (d) identify sites and opportunities
for affordable housing
within the Highlands Region, including, in accordance with P.L.2008, c.46, the creation of a realistic
opportunity for at least 20 percent affordable housing set-asides in all new residential developments, with
consideration for economic feasibility, and the coordination of regional affordable housing opportunities
in areas with convenient access to infrastructure, employment opportunities, and public transportation; (e)
identify additional
sites, opportunities,
and funding sources for 100 percent affordable housing
developments
that could aid in addressing the Highlands Region's affordable housing needs while
preserving its critical resources; (f) coordinate the deadlines for revision of municipal master plans and
third round fair share plans to be in conformance with both the Highlands Act and the Fair Housing Act,
including reasonable extensions of deadlines; (g) preserve scarce land, water, and sewer resources and
dedicate these resources on a priority basis for the production of affordable housing consistent with the
Highlands Plan, and provide priority review for proposed affordable housing projects; and (h) provide that
conforming municipalities adopt Housing Elements and Fair Share Plans consistent with the Fair Housing
Act.";
WHEREAS,
in order to achieve the shared goals of the Highlands Council and COAH, it is mutually
beneficial to enter into a MOD to develop a cooperative planning process that will enable each agency to
efficiently and effectively carry out their respective statutory responsibilities; and
WHEREAS,
the cooperative planning process developed pursuant to a MOD will advance coordinated
and comprehensive planning in the Highlands Region, will result in greater predictability and transparency
in planning with respect to meeting the mandates of the Highlands Council and COAH, and will benefit
State agencies, counties, municipalities and the public;
NOW THEREFORE
BE IT RESOLVED,
that the Highlands Council hereby finds that the MOD
properly effectuates the Highlands Act, the Fair Housing Act, and Executive Order 114 and furthermore
hereby authorizes its Executive Director to make any necessary minor, non substantive amendments, with
direction of the Highlands Council, to properly effectuate the intent of the Highlands Council and
thereafter to execute the MOD on behalf of the Highlands Council.
CERTIFICATION
I hereby certify that the foregoing Resolution was~adopted by the Highlands Council at its meeting held on
the 30th day of October, 2008.
-2-
Vote on the Approval of
this Resolution
Motion
Second
Yes
./
./
-
Councilmember Alstede
Councilmember Calabrese
Councilmember Carluccio
Councilmember
Councilmember
Councilmember
Councilmember
Cogger
Dillingham
Kovach
Letts
Councilmember
Councilmember
Councilmember
Councilmember
Pasquarelli
Peterson
Schrier
Vetrano
No
./
-
-
./
./
./
-
./
./
./
./
./
./
Councilmember Way
Councilmember Whitenack
Councilmember Weingart
-
3-
Absent
./
./
./
-
Abstain
-
./