Judge Rules Hillsborough Violated Affordable Housing Agreement

HILLSBOROUGH, NJ — A Superior Court judge ruled that Hillsborough violated its affordable housing agreement when it rejected a 96-unit apartment complex application by Campus Associates.

As a result of the ruling, Hillsborough amended a previous ordinance, which, in essence, will permit the Campus application and will avoid Campus applying for any variances. Additionally, Superior Court Judge Kevin Shanahan ruled Hillsborough must pay Campus's legal fees.

"That was always a possibility that there would be litigation following the Board denial," said Mayor Shawn Lipani. "However, the denial was based on factual testimony with respect to the environmental concerns. We [the Township] were hopeful that based on our longstanding commitment to abiding by the unfunded mandates of the courts relative to our affordable housing obligations, a different solution and outcome would have been the result."

Campus's application proposed building 96 units, with 23 affordable housing, on Campus Drive off Route 206. The Hillsborough Township Planning Board rejected the application on Feb. 25 citing environmental concerns.

The application was ultimately denied because the application did not comply with the township's stream corridor ordinance, which requires a 150 feet boundary. The township's ordinance is more restrictive than the Department of Environmental Protection which has a minimum requirement of only 50 feet. Read More: Hillsborough Could Face Lawsuit, Rejects Housing Plan: Mayor

Campus Associates' application only allotted for a 50-foot boundary.

However, with the judge's ruling Hillsborough amended its stream corridor ordinance from 150 feet boundary to 50 feet allowing Campus to move forward with their project.

The public hearing for this amended ordinance will be held on July 13.

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