No Need Exist to Rezone for Whole Foods; COAH is an Obligation not a Threat

COAH Summary for your interest.

• Until and unless COAH adopts new regulations or a new statute is passed, trials courts will be the exclusive forum for municipalities to gain the equivalent of substantive certification.
• The order itself is delayed 90 days to allow an “orderly transition.”
• During the first 30 days following the effective date of the order, the courts shall only consider declaratory judgment actions filed by municipalities.
• Temporary immunity from builder’s remedy litigation can be granted following notice and the opportunity to be heard. Such notice must be provide to, at the very least, the Fair Share Housing Center and “presumptively” the League, and the New Jersey Builders Association and all “entities” on the service list for this case.
• Municipalities that have third round substantive certification based upon the growth share methodology and file declaratory judgment actions within the 30 day window appear to have advantages over those that have not received substantive certification and had plans before COAH (“participating municipalities”).
• Participating municipalities that affirmatively file their declaratory judgment action but have generally not implemented their plans as yet (because they had not been approved by COAH) obtain an additional five months to prepare the “new” Housing Element and Fair Share Plan. This will be a difficult task without an established methodology.
• A court can only permit builder’s remedy after it has the opportunity to fully address constitutional compliance and found it to be “wanting.”
• (Parsippany residents should of been encouraged to show up in the courts with their leaders to protest any attempt at public housing at waterview, That immediate neighborhood does not warrant, nor is there any need for any rezone).

The Court again invited the State Legislature to address the issue. While the Court agreed with the League that municipalities should not be punished for COAH’s failure to act, going back to the Courts will still be costly and is not a long-term solution; a viable solution can only and must be offered by the Administration and the Legislature in a timely fashion.

OBLIGATION IS NOT A THREAT..

Parsippany had plenty of time to resist RD and chances are we would of won; what Judge would allow the immediate neighborhood of waterview, Intervale to simply fall or be erased, too many other location options and other methods of gaining affordable housing are available. Why are they saying Parsippany’s numbers would be high, were built out already and its not just about building more its providing such housing. Local poor people can petition for such, are any such people doing that?

One more time why did Parsippany start regional conformance 2009 because of the COAH fears , ignored all other benefits and advantages, including legal protections ,then in 2014 before the COAH court decision abandon regional conformance, and made no improvements in our Master Plan or Zoning and left us exposed to RD’s Threats and unnecessary legal fees?

This 10 acres open space 3 1/2 million dollar deal with RD is also robbery. NJDEP will fast track, streamline this whole crime and our planning board is already hearing the terminology, fast-track streamline already by Burgess Associates Board Attorneys. Our Master Plan is RD or any other corporate developers plans, stop wasting time and tax dollars on our Municipal Plan. Read its goals and objectives, then tell yourself, where do they come into play. Many such alleged protections and ordinances listed will simply be ignored or reinterpreted in favor of the corporate private property owner not you the community or residents.