JEROME J. CONVERY, ESQ. (264601970) 272 Highway 34, Suite 3 Matawan, NJ 07747 Phone: 732-290-3800 Fax: 732-290-3801 MARGUERITE M. SCHAFFER, ESQ. (017041975) Shain, Schaffer, Rafanello, PC 150 Morristown Road, Suite 105 Bernardsville, NJ 07924 Phone: 908-953-9300 Facsimile: 908-953-2969 Attorneys for The Township of Monroe IN THE MATTER OF THE ADOPTION : SUPERIOR COURT OF NEW JERSEY OF THE MONROE TOWNSHIP : LAW DIVISION HOUSING ELEMENT AND FAIR : MIDDLESEX COUNTY SHARE PLAN, AND IMPLEMENTING : ORDINANCES. : Docket No.: L-3365-15 : : CIVIL ACTION : : SUPPLEMENTAL CERTIFICATION : OF BOARD PLANNER IN SUPPORT : OF DECLARATORY JUDGMENT : MARK A. REMSA, P.P., being of full age, hereby certifies as follows: 1. I, Mark A. Remsa, P.P. am the Board Planner for the Monroe Township Affordable Housing Board and am fully familiar with the facts concerning the above referenced matter, in particular regarding the submission of a Declaratory Judgment Complaint. 2. I am a Professional Planner with License Number LI004039 in the State of New Jersey and have been so licensed since 1988. I have attained a Master of City and Regional Planning from Rutgers, The State University, a Master of Business Administration from Rutgers, The State University, and a Bachelor of Environmental
Planning and Design from Cook College, Rutgers, The State University. I am a member of the American Institute of Certified Planners. I have worked in the field of planning since 1980 and have provided planning services to over thirty municipalities including the Township of Monroe, Middlesex County, New Jersey. 3. I make this Supplemental Certification in support of a Preliminary Determination by the Court that the Housing Plan Element and Fair Share Plan proposed herein by Monroe is constitutional, lawful and legally valid, and that Monroe is entitled to the 1,000-unit cap. 4. I understand that during the last meeting with the Court on August 24, 2015 there was a discussion about researching certificates of occupancy (COs) issued by Monroe Township for the past 25 years. In responding to that conversation, I researched various sources and found that the New Jersey Department of Community Affairs (NJDCA) maintains a website that provides COs issued on an annual basis by municipality, including Monroe Township from 1998 to 2014. I obtained data for COs issued by Monroe Township in 1996 and 1997 by calling John Lago of NJCDA on July 27, 2015. I learned from Mr. Lago that NJDCA does not maintain records for COs issued by municipalities earlier than 1996. I contacted the New Jersey State Library and learned that it did not have data for COs issued by municipalities earlier than 1998 and referred me to Mr. Lago of NJDCA. I also contacted the New Jersey State Data Center and learned that it did not have data for COs issued by municipalities and referred me to the New Jersey State Library. My findings of the number of COs issued by Monroe Township from 1996 to 2014 are provided in a two-page table attached to this Certification
5. I researched the United States Census Bureau website to obtain housing units in Monroe Township from the 1990, 2000 and 2010 decennial censuses. The ten-year change in number of housing units is a proxy for the amount of housing units created in Monroe Township. My findings of housing units in Monroe Township in 1990, 2000 and 2010 are provided in a two-page table attached to this Certification. 6. I found that for the 19 years of data for COs issued by Monroe Township that were maintained by NJDCA, Monroe issued 8,853 COs, which has an annual average of 466 COs (rounded up). When the annual average of 466 COs is applied to 10 years, the number of COs is 4,659 (taking into account rounding). 7. Looking back 10 years from 2014, which is the most recent full year of recorded COs issued by Monroe Township, I found that Monroe Township issued 4,351 COs, which is less than the 5,000-CO limit used by New Jersey Council on Affordable Housing Rules for applying the 1,000-unit cap for affordable housing. For the next five years (2000 to 2004) Monroe Township issued 2,376 COs, and from 1996 to 1999 Monroe Township issued 2,487 COs. 8. I find that the data for COs issued by Monroe Township demonstrates that housing unit growth in Monroe Township ebbed and flowed as expected over the years during which two recessions and three recoveries occurred. The first recovery occurred after the Early 1990s Recession ended in 1991. The number of COs issued by Monroe Township began to slow leading up to the Dot Com Recession that occurred during 2001. During the recovery from the Dot Com Recession, the pace at which Monroe Township issued COs picked up and then began to slow before the Great Recession that started toward the end of 2007 and officially ended in 2009. During the recovery of
the Great Recession, the number of COs issued by Monroe Township eventually increased. These data that correspond with the aforementioned recessions and recoveries demonstrate that the annual average number of COs issued by Monroe Township has been about 466 and the 10-year average of COs issued is about 4,659. Given these data, I find it realistic and probable to expect the 10-year average of COs issued by Monroe Township to be less than 5,000 from 2015 to 2025. 9. I find that the United States Census for 1990, 2000 and 2010 corroborate my expectation of Monroe Township issuing less than 5,000 COs in the next 10 years. The average decennial increase in housing units from 1990 to 2010 is 3,845. In other words, since the 20-year increase in housing units in Monroe Township is 7,689 and the annual average increase during this 20-year period is 384, the result of multiplying this average by 10 years is 3,845 housing units. It is likely in 2020 the number of additional housing units will be well under 5,000, particularly since from 2010 to 2014 (a 5-year period) 1,742 COs were issued and an additional 3,258 COs would have to be issued, which exceeds the amount of COs Monroe Township issued during highly favorable economic conditions (after the recovery of Early 1990s and Dot Com recessions) that do not presently exist and are not expected to return within the next several years. 10. Regarding the 1000-unit cap, if FSHC s number (2,325) is to be used, what is the relationship of the cap to the Monroe low and moderate obligation? The obligation is covering 26 years (1999 to 2025) that has to be addressed in 10 years (2015 to 2025). The primary question is whether it is fair, reasonable, realistic and non-punitive for a municipality to address 26 years worth of affordable housing obligation in 10 years? My professional opinion is simply no. That s why a 1,000-unit cap should apply. No
municipality has the ability to address 26 years worth of obligation in 10 years. Presumably, a new set of numbers will be issued in 2025, and every 10 years thereafter. 11. From 1999 to 2015, affordable housing units that were not identified in Monroe Township s first- and second-round Housing Plan Element and Fair Share Plans approved by the New Jersey Council on Affordable Housing were built in Monroe Township. These additional affordable housing units, their location, the year that they were built and their corresponding credits are: Year Name/Location No. Units Bonus Credits Total Credits 2012 SERV Group Home 4 bedrooms 4 8 291 Applegarth Road 2015 Monroe Chase 9 units 9 18 Casselberry Way Rental Unit Nos. 51, 53, 55, 57, 59, 61, 65, 67 & 69 Total 13 13 26 Although the exact 26-year Prospective Need for Monroe Township has not yet been determined, it is reasonable to say that Monroe Township s 26-year Prospective Need is well in excess of 1,000 affordable housing units. A total of 26 total credits are applied to Monroe Township s 1999 to 2015 obligation thereby reducing the municipality s Prospective Need by 26. Given this reduction of 26 affordable housing units, Monroe Township s 26-year Prospective Need would remain well in excess of 1,000 units. 12. As the Affordable Housing Planner for the Township of Monroe, I believe that the 1,000-unit cap applies to Monroe Township should the Court determine that its Prospective Need for 1999 to 2025 exceeds 1,000 units and the amount of total housing units created in the municipality during the past 10 years is less than 5,000.
I certify that the foregoing statements made by me are true and accurate, to the best of my knowledge, information and belief. I am aware that if any of the foregoing statement made by me are willfully false, I am subject to punishment. DATED: MARK A. REMSA, P.P. Monroe Township Affordable Housing Board