In the past, the Harrison Township Joint Land Use Board heard an application for a proposed development on the Vasalli Tract along Rt. 322, consisting of 508 townhomes, 20%, or 102, of which is designated as affordable housing units, required under the Township’s Fair Share Housing obligations.
For background, these 102 affordable units were designated as part of Harrison Township’s third round fair share housing settlement in 2008, approved under a prior administration. While I won’t go into extensive detail regarding Affordable Housing Fair Share (formerly COAH), residents who would like additional information can find a helpful overview on njlm.org.
After two public hearings and approximately eight hours of testimony, the Harrison Township Joint Land Use Board denied the application due to significant concerns, including the number of variances being requested, anticipated traffic impacts and a design which did not fully integrate the affordable units into the overall development.
Following the denial, the developer and current property owner filed suit against the township. They also objected to the township’s fourth round fair share housing plan and filed a motion to enforce the Third-Round obligations. The three pieces of litigation were consolidated under the Affordable Housing Dispute Resolution Program (“the program”).
A court appointed special adjudicator and the program judge engaged the parties in mandatory settlement discussions. Both determined that because the Township committed to 102 units in 2008, the Township is legally obligated to approve a development that accommodates the 102 affordable units.
As a result, the parties entered into a court approved settlement agreement. The applicant will return before the Joint Land Use Board at the end of January for a “Whispering Woods” public hearing to present their revised plans. Due to the settlement and the legal implications of further denial, including significant financial exposure, the Board is expected to approve this application.
It is important to note that even after local approval, the applicant must still obtain outside agency approvals from the New Jersey DEP for wetlands disturbance permits, as well as county-level approvals for traffic design.
The township firmly believes this project at this location is not appropriate for Harrison Township. However, state mandated affordable housing law and decisions made more than a decade ago leave us with limited discretion at this stage. While leadership has changed since that time, the court is enforcing prior commitments that bind us today.
As someone born, raised, and still living in Harrison Township, I understand and share your frustration with having a development of this size forced upon our community. We already face traffic challenges, and this project will undoubtedly add to those concerns. Despite these circumstances, the Township remains committed to ensuring that, where we do have influence, this development is designed in the best and safest way possible. We will continue to advocate for our residents every step of the way.
I wish I had better news going into the new year, but transparency is important, and you deserve to be informed about what is happening in our community.
I wish you and your families a happy, healthy and prosperous New Year. As always, if you have any questions or concerns, please do not hesitate to reach out.
