Hillsborough negotiations mitigate affordable housing impact; 195 additional units mandated

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Hillsborough Township announced it has reached a settlement with Fair Share Housing regarding its state-mandated affordable housing obligations.

The settlement will result in Hillsborough having only to build an additional 195 affordable housing units, beyond what has already been approved. This result stems from the township’s ongoing negotiations with Fair Share Housing to minimize the impact of the mandate as Hillsborough was the final municipality in the Vicinage to settle with Fair Share Housing, out of the 55 filing municipalities, according to information provided on April 15.

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“Throughout the process, the township’s underlying theme was to minimize the obligation while addressing the responsibilities that the State of New Jersey has mandated upon us as to affordable housing,” Mayor Doug Tomson said in the statement. “This unfunded mandate without diligent negotiations on behalf of Hillsborough Township would have led to further exacerbation of school overcrowding and residential development on our open space. I call upon the governor and the State Legislature to address affordable housing.”

Hillsborough’s final number is lower than municipalities of comparable size in Somerset County as a result of the township’s efforts working with the Court’s Special Master, Fair Share Housing Center and various interveners, according to the statement.

“The township has been working with many interveners and Fair Share Housing throughout this arduous process,” Special Counsel on Affordable Housing Eric Bernstein, Esq., said in the statement.

One of the strategic moves that the township employed while negotiating with developers was to require sites to provide a 24% affordable obligation versus the 10-20% requirement being utilized by most other municipalities. This meant that developers would be required to set aside 24% of their housing units to be allocated to the township’s affordable housing obligation instead of only 10-20%, which would have resulted in more market rate and overall residential housing development having to be built to meet the affordable obligation, according to the statement.

In 2018, through a joint purchase agreement with the Somerset County Improvement Authority, Hillsborough purchased 335 acres of property, contiguous to both Ann Van Middlesworth Park and Mountain View Park. Through this purchase, nearly 2,000 residential homes were prevented from being built, which in turn also reduced the township’s affordable obligation by at least 400 units, according to the statement.

And through a relationship with Premier Development and Midland School, the township continues the development of housing for adults with intellectual and developmental disabilities (I/DD). The township was therefore not only able to assist in providing such needed housing, but also obtained additional credits towards their affordable housing obligation, according to the statement.

“Throughout the State of New Jersey, there continues to be a tremendous need for quality housing for adults with I/DD. Many of these individuals reside at home with their aging parents on a waiting list that stretches into the thousands. Parents are desperately seeking a solution that will afford them some sense of confidence and security that will stand the test of time,” Shawn McInerney, president and CEO of Midland School, said in the statement.

“Premier Development is very pleased to work in partnership with Midland Adult Services to provide high quality new housing for the adult clients they serve. We have teamed up with Midland to develop this concept. These new homes we will build for Midland will be a part of a new larger residential community in Hillsborough. This will allow individuals with intellectual and developmental disabilities to be truly integrated within the community. Midland has an outstanding reputation and we are very excited to be partnering up with them to provide this great new opportunity for their clients in Hillsborough,” Andy Nowack, executive vice president, Premier Development, said in the statement.

Another aspect of meeting the obligation was the development of age-restricted communities within the township, which also affords credits toward the final obligation number. The creation of such communities provides housing for the senior citizen population, addresses affordable housing concerns within that community and lessens the impact of school-aged children residing in the housing created, according to the statement.

Finally, as a result of this negotiation, Hillsborough no longer has any unmet need remaining in terms of affordable housing obligations for the remainder of the period in question through June 2025.

“We appreciate our residents’ continued support and understanding throughout this long and arduous process while we continue to put the township’s best interests first,” Tomson said in the statement.

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