Council pulls ordinance rezoning Elon property
BY TOYNETT HALL Staff Writer

HOWELL — The adoption of an ordinance that officials say would allow Howell to resolve decade-old litigation with Elon Associates has been placed on hold by the Township Council.

Officials acknowledged during the council's Aug. 12 meeting that the ordinance as written incorrectly stated that the 48-acre parcel of land on Yellowbrook Road is presently zoned at one house per 6 acres. In fact, the current zoning on the property calls for one house per 2 acres.

That difference stopped the council from moving forward with the adoption of the rezoning ordinance.

Mayor Joseph DiBella said the mistakes with respect to the property's current zoning designation will be corrected and said the rezoning ordinance will be reconsidered.

Council members did not say when the ordinance may be reintroduced.

Township officials have said that in order to settle the litigation, they will permit Elon Associates to build 70 market rate single-family homes, 10 multifamily nonage restricted low- and moderate-income rental units, a 15,000- square-foot commercial/ retail space and an 11,000-square-foot office building at the Yellowbrook Road site.

Elon Associates has been involved in litigation with Howell for more than a decade on issues related to the construction of affordable housing.

Affordable housing is defined as housing that is sold or rented at below market rates to people whose income meets regional guidelines established by the state Council on Affordable Housing (COAH).

DiBella said Howell is facing a crisis.

"COAH regulations require us to build another 900 (affordable) homes in our community. The cost will be immeasurably horrific on the quality of life. COAH will destroy our community. It is the single greatest threat" to Howell, the mayor said.

Councilwoman Angela Dalton said that in order to get builders to construct 900 affordable housing units, township officials would have to permit the builders to construct thousands more market rate units in order to subsidize the construction of the units with restricted prices.

Councilman Robert Walsh said, "We are not against COAH. It is just that our round three obligation requires us to build 900 (affordable) homes. That is an unfair number. It's an economic burden. Where do they come up with the number for Howell?"

Walsh noted that a new state law prohibits communities from transferring part of their affordable housing obligation to anothermunicipality. Those deals were known as regional contribution agreements.

"It's an unfair obligation being put on municipalities by the state. It's a big financial burden," Walsh said.