Somerset County Planning Division

"CREATING QUALITY COMMUNITIES TOGETHER"

Robert P. Bzik, AICP/PP
Director of Planning
Anthony V. McCracken, Sr., AICP/PP
 Assistant Director

20 Grove Street
P.O. Box 3000
Somerville, NJ 08876

WHY SHOULD TOWNS PARTICIPATE IN THE COAH PROCESS?

Affordable Housing is a Constitutional Obligation

Providing affordable housing is a constitutional obligation provided by law. The Fair Housing Act of 1985 recognizes that every New Jersey municipalities has a constitutional obligation to provide “ a realistic opportunity for a fair share of the region’s present and prospective needs for housing low and moderate income families.” While municipalities are not required to participate in the COAH process, participation provides protection against exclusionary zoning litigation. 

COAH Provides Municipalities with Protection from Litigation

COAH acts as an administrative alternative to the often lengthy and costly approach to affordable housing through litigation. COAH offers substantive certification to municipalities that address their fair share of the region’s need for low and moderate housing. Once certified, municipalities can enjoy protection against exclusionary zoning litigation. By participating in the COAH process, municipalities can provide a variety of affordable housing opportunities at a minimal cost to local taxpayers, and in locations that best serve the municipality and low and moderate-income households. Developers, state and federal funding, development fees and non-profits all have a role in the cost and provision of affordable housing. 

COAH Provides Flexible Options for Addressing Affordable Housing

Voluntary participation in the COAH process creates more options for meeting the affordable housing obligation than the court system. You may select the options that are best tailored to your municipality, including municipal construction projects, alternative living arrangements, Regional contribution Agreements and buy-down of market rate units among other choices. When participating in the COAH process, a municipality also retains control of local zoning, which is generally not the case when going through the courts. 

The COAH Process Provides Opportunities for Public Participation

When a municipality voluntarily participates in the COAH process, there are more opportunities for public participation in the development of affordable housing plans. The public may comment on the plan when it is developed by the local planning board and may also participate in COAH’s mediation process once the plan has been submitted to COAH. These opportunities for public participation help results in an affordable housing plan that meets the needs of the community and region.  

COAH Certification Provides Priority Access to Funding

Once Certified by COAH, municipalities enjoy priority access to the State’s Balanced Housing Fund, Federal Low Income Housing Tax Credits and other sources of housing subsidies to help implement their fair share plans as well as the ability to collect development fees to fund affordable housing activities. COAH Substantive Certification is also a requirement of State Plan Endorsement, which further provides priority funding to a wide range of programs and expedited permit approvals. 

Enhances Local and Regional Economy

Providing for expanded low and moderate housing opportunities through participation in the COAH process, enhances the local and regional economy since low-to- moderate-income occupations are one of the fastest growing sectors in the economy. Businesses are attracted to areas that have a range of housing opportunities and municipalities that plan for the region’s present and prospective affordable housing needs can help achieve a balance between jobs and housing and accommodate both old, young and people of diverse incomes and cultures.

Source: COAH Handbook 5/2005 and Somerset County Planning Board