TOMS RIVER – Social media has been ablaze with criticism of the shouting and disorder at the Township Council’s October 19 meeting. But as council members prepare to meet again Wednesday, October 28, the larger questions remain: What does the affordable housing plan require? What land and money would it commit? And what could happen if the court does not accept the Township’s approach?
“What happened last night was absolutely outrageous,” Mayor Daniel Rodrick said in a statement released after the October 19 meeting. He accused the council majority of rejecting a negotiated settlement and warned that the Township could face builder’s remedy lawsuits and thousands of new apartments.
Council President David Ciccozzi offered a different account of the council’s position. He said council members were never part of the process and objected to conveying 20 acres of township-owned property that he believes should have been preserved as open space. “We want the very best for Toms River, always,” Ciccozzi said. He also said Rodrick repeatedly interrupted and insulted residents, contributing to the friction that continued through the meeting. Ciccozzi still wants to know why approval for a cemetery was included in the affordable housing ordinance.
One proposal now at the center of the debate involves Conifer Realty, an affordable-housing developer. Jersey Shore Online first identified Conifer as a potential contributor in an August 20 article about Toms River resident Joseph Tardibuono’s proposal for land behind the veterans clinic on Hooper Avenue. At the time, Tardibuono said Conifer had expressed interest, provided a letter of intent and was preparing a concept plan. He also said there was no binding development agreement with the Township.
Conifer’s position has since changed. In a court filing dated October 21, the company said it signed a purchase-and-sale agreement on October 9 for about 6.8 acres in the Hooper-Caudina Redevelopment Area, approximately 84 percent of the area. Conifer says it intends to propose a 100-percent affordable development of about 135 to 140 units with a veterans preference (this area is near the Veterans Administration clinic.
The filing asks to join the Township’s affordable housing lawsuit, arguing that court decisions about the housing plan could affect the property’s zoning, density and development potential. The request is not project approval; it does not establish that the purchase has closed or that the proposed development has received municipal or court approval. Township attorney Jonathan Penney said the Township intends to oppose Conifer’s request. “We’re going to fight it,” he said.
What The Council Vote Did And Did Not Decide
The October 19 meeting’s first reading of an ordinance would have advanced two proposed 100-percent affordable developments along Route 9. It also bundled development and land-conveyance agreements, zoning changes, an amended spending plan and municipal consent for a cemetery. The ordinance did not pass after the council split 3-3.
Rodrick’s statement said the state and Fair Share Housing Center initially sought 1,870 affordable units, including 670 for the current round and 1,200 for the gap period. He argued that satisfying that full obligation through conventional developments with 20 percent affordable units could mean more than 8,000 apartments. The negotiated plan, he said, would instead rely on existing units and approximately 250 new units in two Route 9 developments.
That accounting is disputed. Councilman Clinton Bradley said negotiations reduced the initial 1,870 figure to about 649. He said the ordinance called for 125 units at one Route 9 site and 135 at another, while other units and credits also affected the total. Councilman Craig Coleman cited 312 new affordable units during the meeting.
Bradley offered a different calculation, saying about 200 additional units would meet the requirement under his accounting. He added that Conifer’s proposed 135-to-140-unit project could meet the need, coupled with additional bonus credits.
In an email to The Toms River Times after the meeting, Penney said the number is 304 new builds after accounting for renewals. With Autumn Ridge included, the Township needs 260 more new builds – all of which are included in the mayor and administration’s plan.
Penney explained cemeteries require licensed approval by council. “It was decided to include this in the ordinance because the cemetery in question touched upon that land.”
Questions About Land And Money
Bradley’s objections focused on the proposed use of township owned land and affordable housing trust fund money. He questioned why the Township would convey land to developers for a nominal amount without providing council members with information about how much the land is valued. He also asked what the proposed $2.5 million contribution for each Route 9 project would cover, whether the Township might need to borrow if projected revenues fell short and how any borrowing would be repaid.
Rodrick has said the money would come from the affordable housing trust fund, which receives fees from developers, and that 100-percent affordable developments need assistance because their rental income is lower. At the meeting, he said the developers had completed pro formas and were positioned to seek financing. Bradley said he had not received the pro formas and wanted more detail before approving the agreements.
Bradley also questioned a rehabilitation projection in the spending plan. He said it listed 45 units per year at $17,000 per unit for five years but assigned $3.57 million, an amount he said did not match that calculation. He said the council needed clearer information to evaluate the projections and potential financial commitments.
“I recognize the argument that 100% affordable developments produce lower rental income, creating a financing gap,” Bradley said. “But before the council rubber-stamps developer payments or land conveyances, we need full financial transparency.” He said Toms River can meet its affordable-housing requirements, but wants it done transparently and without compromising the town’s character.
The Court’s Role
Every town is required to build a certain number of affordable units every ten years. If a town does not do this, so-called “builder’s remedy” lawsuits could happen. A developer will sue a town, claiming the town is keeping poor people out. The court will often force the town to accommodate some or all of the developers plan. Therefore, if the town meets their affordable requirement, they have control over the development. If they don’t, the court and builder has more say.
Toms River has been granted extensions on the condition that they have been moving forward with their plans. On October 30, Penney said they will ask the court to continue to have immunity.
However, the court could entertain a request from a developer to waive immunity because the council hasn’t advanced any legislation, he said.
Rodrick’s warning of more than 8,000 apartments is a projection based on the fact that most affordable housing developments have 20% affordable units and 80% market rate. It is not a court order directing Toms River to build that number. The mayor’s statement said an October 30 court filing deadline was approaching and a hearing was scheduled for December 7.
The Conifer lawsuit adds a new party seeking a voice in that court process. It also raises questions concerning whether council members can agree on a plan while the Township faces court deadlines and a developer seeks to pursue a site already connected to the affordable-housing discussion.
Rodrick has said council representatives assured Judge Mark Troncone during mediation that they would support the revised plan. Bradley disputed that characterization, saying the council representatives told the mediator they were open to approving a plan if it was best for Toms River and its residents, while raising concerns about using township-owned land.
The meeting’s heated exchanges have dominated online discussion, but the bigger picture – the affordable housing requirement – is still unresolved.
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