Now we know that the Mayor & certain members of the Borough Council are aiming to partner with for-profit developers to build 500 MORE rental apartments on River Road, right next to the 245-unit Ivy project that went up last year.https://chathamchoice.org/2024/09/wait-another-big-project-on-river-road/
They claim that in return for the chance to collect big rents on the new complex, the developer will throw in some “free” goodies for the Borough, including a lovely riverside park.
Of course, in reality nothing is free.
To get the riverside park and other “free” goodies, the Council would have to agree to excuse the property taxes on the new project for 30 years.
That means instead of picking up part of the Borough’s ever growing expenses, automatically reducing your tax bill, the developer would pay smaller amounts known as PILOT payments.
Why would Council members even consider that? Because unlike tax money, which is subject to certain limits, the Council could spend the PILOT money on frills, gifts, or whatever else, and go right on raising your property taxes to pay for the “free” riverside park and other goodies.
In other words, you would pay for the “free” goodies for the next 30 years.
Why would the Council take on that long term burden – and put more than a thousand more people and hundreds more cars on River Road forever – when it could pay less for whatever the Borough needs and wantson its own?
Ask the Council’s financial advisor on Tuesday, October 15, 7:30 pm, Borough Hall, 54 Fairmount Avenue. Use the side door. Take the elevator to the upper level. Or Zoom here:
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.”
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
UPDATE: Turned out Captain Penn was 100% right about the Borough’s emergency need for new fire vehicles, according to the November. 2023 report by the experts the Council paid to study the issue. On July 8, 2024, the Council voted to spend $1.2 million on a new truck, some 40% more than it would have cost if they’d acted when first alerted to the issue.
Why would our Chatham Borough Council even consider gifting our River Road PILOT money to anyone when we’re in such desperate need of fire trucks and other necessities?
That was the elephant in the room at the Monday, 3/13 meeting of our Borough Council.
The elephant got loose during a presentation by a principal of BNE, the developer of the massive, stick-built apartment project going up at the corner of Watchung Avenue and River Road.
Asked if our volunteer fire department has the equipment, the manpower, and the training necessary to fight a real fire at River Road, the presenter, a principal with the developer, BNE Real Estate Group, said, “Yes, currently Chatham Borough has what they need to fight a fire in that building.” See the video linked below starting about 1:18:00.
Brave, dedicated, and skilled as they are, our volunteer firefighters need more personnel, more training, and far newer fire trucks than Chatham Borough has – or can provide anytime soon, according to longtime, respected Borough resident Robert Penn, a former captain in the Bloomfield Fire Department who worked in the fire service for 44 years and has taught classes in Building Construction and Advanced Firefighting Tactics and Strategy. (Go to minute 37:46 in the following video:0)
In the event of a real fire at the River Road development, our volunteers would have to wait for help from surrounding towns.
The problem isn’t new or partisan. It dates back at least a decade, when the other political party controlled the Council. It will take years to get the necessary equipment.
Popular Borough Council Member Len Resto is working on getting the fire trucks we need. It will cost a bundle. The Council should use our PILOT money for tax relief and fire trucks, not for gifts. Certainly not without the informed consent of Chatham residents.
That the Council would even consider giving away our PILOT money without our consent is mind boggling. It’s a great example of what can happen when we don’t hold our elected representatives accountable for their decisions.
If the Council explains the situation, and residents vote to give away our PILOT money anyway, that’s their choice. But residents are entitled to know what’s at stake before any decisions are made.
Let’s say the monstrous development that’s devouring River Road does bring an average of $1.73 million into the Borough’s coffers each year, as the Council predicts.
Care about the plans for Post Office Plaza or the future of Chatham Borough?
Come to the Final Compliance Hearing
Now rescheduled to be heard before the Hon. Stephan C. Hansbury, J.S.C., Monday, November 14, 9:30 am, at the Morris County Courthouse, Morristown, NJ.
