COURT HOUSE — Middle Township Committee Monday, Dec. 15 passed three resolutions related state affordable housing regulations.

The planning board adopted the housing element of the township’s master plan on Dec. 9 and the governing body needed to endorse it before sending it to the state for approval.

The mission of the state Council on Affordable Housing (COAH) is to facilitate the production of sound, affordable housing for low and moderate income households by providing the most effective process to municipalities, housing providers, nonprofit and for profit developers to address a constitutional obligation within the framework of sound, comprehensive planning.

At least that’s what it says on the COAH Web site.

In reality, it’s an ever changing set of rules that has a few hundred municipalities statewide scrambling to adopt an affordable housing plan due in Trenton by Dec. 31.

Marcia Shiffman, of Maser Consulting, developed the township’s COAH plan. She told committee members that although COAH regulations are a moving target, in the most recent round of rules, Middle Township’s obligation is to provide 900 units.

Under the plan, builders are required to provide an affordable housing unit for every four residential units built. For commercial buildings, builders must provide an affordable housing unit for every 16 jobs the commercial development creates.

In lieu of building the affordable units, builders can give money to the township for its affordable housing trust fund, which the township would then use to create the affordable units.

It’s a very complex issue.

“We’re trying to keep the township close to compliance,” agreed Committeeman Steve Barry, who has been working closely on the township’s COAH plan. “At least as far as anyone can figure what compliance is.”

One of the main reasons municipalities choose to adopt COAH plans is for protection against builder’s remedy lawsuits like the one West Cape May has been involved in with developer Sixth Street Partners. The borough has spent over $300,000 defending itself over the past four years for its lack of a certified affordable housing plan.

That suit is before a Superior Court judge who is scheduled to hand down a decision on Jan. 6.

With lawsuits like West Cape May’s as an alternative, Barry remarked that “as crazy a program as COAH is at every level, this is still the better plan.”

According to COAH’s Web site, Avalon, Cape May Point, Middle Township, Ocean City, Stone Harbor and Woodbine are the only county municipalities to have filed affordable housing petitions to the state in the latest COAH round and Cape May, North Wildwood and Wildwood petitioned in previous rounds.

That leaves seven local municipalities that have not dealt with the state’s affordable housing regulations and have left themselves open to lawsuits from builders.

Contact Hart at (609) 886-8600 Ext 35 or at: jhart@cmcherald.com