Our Mayor & Borough Council are plunging ahead with a Redevelopment Plan for another massive, 500-unit River Road apartment project that:
is NOT REQUIRED by affordable housing law; and
will NOT COUNT toward meeting the Borough’s RDP affordable housing quota!
Why would they do THAT?They offer two justifications, both flimsy.
First,they’ll tell you a Redevelopment Plan is the only way to “control” what gets built on RIver Road:Absent a Plan, they claim, the property owners can do whatever they want.That’s nonsense.
All Chatham property is subject to countless federal, state, and local laws and regulations. A Plan wouldactually make matters worse by providing for at least 500 rental apartments to satisfy setaside rquirements.
Second, they’ll tell you that with a Redevelopment Plan they can make the developer throw in some public goodies – such as a free riverside park.More nonsense.
Nothing is free. Whether or not the Mayor & Council manage to negotiate for any decent public benefits whatsoever, the rest of us will pay dearly in the form of a stealth tax increase triggered by the corporate welfare PILOT tax exemption the developer will demand and get, just as happened at the Ivy project.
The good news is that there’s still time to change all that.
Tell the Mayor & Council to put this project on ice until they’ve done their homework and considered their options.
Or better yet, shelve this massive Redevelopment project. Concentrate on urgent matters, like finding a way to meet the Borough’s affordable housing obligations without overwhelming our roads and schools, depleting our water supply, polluting our environment, or cheating taxpayers.
Word is that our planners will adjust the numbers shown in that report to allow for the scarcity of vacant land in Chatham Borough, and then try to persuade the State to accept its adjusted numbers as the quotas.
That analysis will probably be similar to that used in 2022, as shown on page 5 of the current Housing Elements, linked here:
The State says the Borough Council has until the end of this January 2025 to negotiate the final quota, and to adopt a binding resolution accepting it.https://www.njlm.org/civicalerts.aspx?aid=2924
You’ve heard what the politicians always like to say:
To get any control over what gets built at River Road, we need a redevelopment plan, they insist.
Unless we have a redevelopment plan, the developers can build whatever they want, they wail, evoking the specter of towering , tacky, monstrosities.
But is that true? No.
Absent a redevelopment plan, any new, private development is subject to many federal, state, and local requirements, including plenty of Borough building, affordable housing, and zoning regulations that apply all over town, and some that apply to the Gateway Overlay Districts of River Road in particular.
For a new, private project at River Road, those requirements include the following detailed rules that set strict standards for almost every aspect of a development:
Keep that in mind next time someone tries to tell you that – unless we adopt a redevelopment plan – the developer “can build whatever he wants” or that adopting another plan is “the only way to control what happens at River Road.”
What’s up with the so-called “visioning workshop” the Mayor & Council have set for next Thursday, June 27, from 7 to 9 pm, at Borough Hall, 54 Fairmount Avenue?
They’re testing public support for a plan to build 500 more rental apartments on River Road, near the 245-unit Ivy project at the corner of River and Watchung.
To achieve that, they would offer developers a 30-year property tax break, prompting them to build even if the market is weak, and forcing us taxpayers to assume the risk that the rents won’t keep up with rising municipal costs.
The alternative is for the Borough Council to wait and see if the River Road property owners choose to build more apartments without a tax break.
Under current zoning, they could conceivably build 700 new flats there tomorrow.
But, left to their own devices, property owners may not build any more apartments on River Road anytime soon. Not unless, until, and to the extent they (and their lenders) think they can get rents high enough to pay regular property taxes and still make a nice profit.
That may not happen for many years – if ever – given current interest rates,.the 245-unit Ivy project sitting half empty next door and big apartment buildings springing up all over the state.
Under the circumstances, should the Borough Council panic and plunge ahead with a scheme to burden River Road with a second massive apartment project that may or may not produce enough revenue to cover Borough costs?
Or might it be wiser to wait and see how many more apartments the market can support at River Road?
(Either way, any new apartments will be at least 15% -20% affordable, and – contrary to what overdevelopment advocates would have you believe – the developer certainly won’t give the Borough a riverside park – or anything else – for “free.”)
Before making any plans for River Road, the Council needs to identify all the options, evaluate and compare the risks and benefits in light of market conditions and the effects on the Borough – both financial and in quality of life.
There are many different ways to meet state mandated affordable housing obligations, but unless the Mayor & Council get a jump on the deadlines, their options will be severely limited.
That’s why the Mayor has scheduled a public workshop for June 27: to let the public have its say before unveiling her plans.
Are the Mayor & Counciltaking the steps necessary to get a good result for the Borough?
Ask them!
Are you are investigating lower-density, environmentally superior options, like converting existing market rate apartments to affordable ones?
If not, why not? What are you waiting for?
Are you unaware that waiting means forfeiting options?
Are you unaware that if you procrastinate too long, we’ll be forced to accept more huge projects like the Ivy – or even bigger.
If you’re resigned to accepting more big projects, what are you doing to make sure we get a better deal this time?
Here are the deadlines facing the Mayor & Council (additions and corrections welcome):
03/31/24 – Deadline for the developer BNE to file the Periodic Report on Total Project Costs, due within 90 days of Substantial Completion under the terms of the December 2023 financial (PILOT) agreement for the Ivy at River Road
05/01/24 – Deadline for the Borough to bill the developer of the Ivy apartment project on River Road for the second quarterly payment of the annual property tax substitute known as a Payment In Lieu of Taxes (PILOT), which was unpaid as of 06/10/2024
06/18/24 – Deadline for the Borough to report non-residential fees collected for the Affordable Housing Trust Fund
06/30/24 – Deadline for the Borough to submit to the Morris County Superior Court and Fair Share Housing Center a quarterly report on the progress of the 15-unit, 100% affordable project to be built on Bowers Lane in Post Office Plaza
08/01/24 – Deadline for the Borough to bill the developer of the Ivy apartment project on River Road for the third quarterly payment of the annual property tax substitute known as a Payment In Lieu of Taxes (PILOT), which has gone unpaid as of 06/10/2024
09/16/24 – Deadline for the Borough to report residential fees collected for the Affordable Housing Trust Fund
09/30/24 – Deadline for the Borough to submit to the Superior Court and Fair Share Housing Center a quarterly report on the progress of the 15-unit, 100% affordable project to be built on Bowers Lane in Post Office Plaza
10/20/24 – Deadline for the state to announce the Borough’s affordable housing quota for Fourth Round 2025-2035
11/01/24 – Deadline for the Borough to bill the developer of the Ivy apartment project on River Road for the quarterly payment of the annual property tax substitute known as a Payment In Lieu of Taxes (PILOT), which had gone unpaid as of 06/10/2024
12/31/24 – Deadline for the Borough to submit to the Superior Court and Fair Share Housing Center a quarterly report on the progress of the 15-unit, 100% affordable project to be built on Bowers Lane in Post Office Plaza
01/31/25 – Deadline for the Borough to adopt a resolution accepting an affordable housing quota for Fourth Round 2025-2035
02/28/25 – Deadline for “interested parties” to challenge the Borough’s Fourth Round 2025-2035 affordable housing quota in a new dispute resolution program
03/31/25 – Deadline for the IVY developer BNE to submit the Auditor’s Report to the Borough and DCA
03/31/25 – Deadline for the Borough to begin construction of the 15-unit, 100% affordable apartment project on Bowers Lane in Post Office Plaza.
03/31/25 – Deadline for the Borough to submit to the Superior Court and Fair Share Housing Center a quarterly report on the progress of the 15-unit, 100% affordable project to be built on Bowers Lane in Post Office Plaza
06/30/25 – Deadline for the Borough to file its Housing Element & Fair Share Plan, including a new showing that it’s consistent with state policy on development and redevelopment
08/31/25 – Deadline for challenges to the Borough’s Housing Element
12/31/25 – Deadline for the Borough to settle challenges to its Housing Element or explain why it won’t make the changes requested
03/15/26 – Deadline for the Borough to adopt any and all the ordinances, rezoning, and redevelopment areas required by the Housing Element
03/31/26 – Deadline for the Borough to get a Certificate of Occupancy on the 15-unit, 100% affordable project on Bowers Lane in Post Office Plaza
09/26/26 – Expiration of the Borough Third Round immunity from builders’ remedy lawsuits and exclusionary zoning challenges
Yesterday morning, after three tense public hearings, Morris County Superior Court Judge Stephan Hansbury soundly rejected the Kushners’ brazen attempt to cram an unpopular 100-rental unit project on mostly public land behind our Main Street Post Office.
That decision frees Chatham Borough to meet part of its affordable housing requirements by building a 15-unit apartment house there, as our Mayor & Council voted on May 2.
For a quick summary, watch the video of Mayor Kobylarz’s comments in this Tap story:
For details, check out the records at e-courts, culminating in this final court order finding Chatham in compliance with its affordable housing obligations through September 29, 2026:
Will the Kushners accept that outcome and let Chatham build some affordable housing at Post Office Plaza, or will they continue to sue, appeal, and otherwise try to block progress? Stay tuned here and at this FB group:
