Why It's Time to Push Back Against Trenton Housing Mandates

At the beginning of the year, I made our residents aware of proposed high-density housing developments in Middletown on Holmdel’s borders at Red Hill and Nut Swamp Roads. Given the proximity of these developments and the sheer magnitude of them – originally totaling more than 470 units – we, as a Township, have tried several times to intervene in the case; our concerns being the same ones you have – that developments such as these cause major issues for our environment, stormwater runoff, traffic, safety, and infrastructure.

Regrettably, each time we tried to intervene, we were rejected by Judge Linda Grasso Jones.

Under the Municipal Land Use Law, Holmdel – like any neighboring property owner – has automatic standing to challenge a zoning ordinance change within 200 feet by a neighboring municipality. The judge held that there is no parallel right for Holmdel to intervene into this Builder's Remedy litigation, which seeks a court-imposed zoning change.

Basically, Judge Grasso Jones is saying that, because these developments are proposed to fulfill an affordable housing mandate – our concerns don’t matter enough to provide Holmdel with an opportunity to make our case.

• The impact on our environment doesn’t matter.
• The potential for flooding or other stormwater issues don’t matter.
• An increase in traffic doesn’t matter.
• Your SAFETY doesn’t matter.
• You, as a taxpayer in the state of New Jersey, DO-NOT-MATTER.

This is all because the Mount Laurel doctrine gives priority to a developer suing Middletown to make money building a massive complex that happens to incorporate affordable housing units.

In the past, I’ve been cautioned against speaking in opposition to the state’s arbitrary, often ill-informed decision-making as it relates to affordable housing – as speaking out against could mean we’ll be punished with MORE high-density housing. Petty retribution for speaking my mind.

Well, I can no longer live in fear. WE can no longer live in fear of the state we FUND with our taxes.

The original Mount Laurel doctrine was based on a noble premise – to provide opportunity to folks who wanted a different life for themselves and their families. And, it should be noted, the people that occupy these homes are good, hard-working people who in many instances are starting out on their path – I often think of single moms, new teachers, firefighters, and recent graduates.

Consistent with the noble intent of Mount Laurel, Holmdel has complied with every mandate we’ve been handed to date – through the First, Second, and Third Round directives - even though, somewhere along the way, the process became perverted. In my mind, this is no longer the noble endeavor it was purported to be –it has instead become a weapon used by developers to hold towns hostage to obtain zoning that constitutes bad planning but makes them money.

To implement these affordable housing mandates, unless a municipality wants to spend its own money, the common practice is to utilize a “set aside,” which is commonly 20%, for affordable housing. This means that for every 1 affordable home to be built, 4 more market-rate homes have to be constructed because that's the ONLY way developers can make enough money for it to be worth their while.

This process is now less about providing affordable housing and more about ensuring developers can make money.

It is disappointing that, earlier this year, the Legislature passed a new Fourth Round law that continues the old practice of imposing affordable housing mandates, burdening the suburban towns while exempting the urban ones. I personally don't know how this Law made its way through the Legislature except for considering the outsized impact of special interests, such as Fair Share Housing Center, and the power of campaign contributions by developers.

Many of you, I hope, remember that our governing body in Holmdel pledged via Resolution to reject donations from developers at this year's reorganization meeting.

If only our Legislature would do the same thing.

To put all this in more direct terms – later this month we expect the state to mandate approximately 150 new affordable units to be built in Holmdel. What that really means is 750 total new domiciles in our town.

Think about that for a moment.

The state you pay high income taxes to is about to tell you that your town, our town, HAS to increase the number of homes by nearly 15% and increase the population by nearly 10%; because otherwise, developers won’t make enough money. But you know what the state won’t do … help us with flood remediation, help us expand our schools to fit their mandated population growth in our district, hire more first responders, or improve traffic safety and infrastructure.

As a result of their callous disregard for our environmentally sensitive region – in which overdevelopment has already led to significant issues with stormwater, flooding, and runoff (impacting not only Holmdel but our neighbors in the Bayshore) – and the dangers to our residents that more high-density housing can inflict; we announced at our October 8th meeting that Holmdel Township is initiating a legal challenge to New Jersey’s next affordable housing mandate. We also passed a Resolution codifying our intent.

In the coming weeks, we will share with all of you what shape this effort will take. I’ve already been in contact with our neighboring municipalities and; in a separate initiative, 22 towns have now banded together to challenge the state on their own terms.

We will decide which path is most beneficial to our town and our region.

As stewards of your town, as residents of Holmdel, we have come to the conclusion that we simply HAVE to take this step to preserve our land, our environment, and to responsibly plan for our future.