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The Poplar Road Corridor: United Water, COAH & Open Space

1975
NJ Supreme Court rules that towns must provide a "fair share" of housing for the poor-- Mt. Laurel .

1983
Mount Laurel II. Supreme Court claims towns are “foot-dragging” and allows large developments (as long as one of every five units affordable).

1984
The State Board of Public Utilities orders Hackensack Water Company (HWC) to divest itself of “excess land” (700 acres of previously protected reservoir buffer land).

1985
River Vale Realty is created (later United Properties Group, Inc.); 90 acres of previously protected land are now identified in River Vale for development.

1985
The New Jersey Legislature passes the Fair Housing Act, creating the Council on Affordable Housing (COAH). The Act, in essence, calls for towns to insulate themselves from builders' lawsuits if they voluntarily come up with a plan for low-cost housing.

1987
Several Mount Laurel lawsuits are filed in River Vale.

1989
Bergen Save the Watershed Action Network (SWAN) and the Environmental Defense Fund (EDF) file a lawsuit to prevent development.

1991
Pursuant to a settlement agreement with River Vale Realty, River Vale creates the multi-family affordable housing zone (MFAH):

  • 7 units per acre.
  • 20% affordable housing set-aside.
  • developer may make a payment in lieu of construction for up to 50% of the total affordable units required.

1992
River Vale originally petitions COAH for substantive certification.

1993
Bergen SWAN and EDF settle with HWC and River Vale Realty:

  • 390 of the 700 acres are returned to non-developable status
  • permanent deed restrictions on three golf courses
  • In River Vale, the water company is required to take back 44 acres (behind the current police station and Coopers Lane ).

Oct. 1994
The River Vale Planning Board adopts housing element and fair share plan addressing 12 year cumulative obligation.

Feb. 1995
River Vale petitions COAH for substantive certification.

Jan. 1996
COAH Certification is granted to River Vale

1999
River Vale Developers proposes 233 units on 44 acres adjacent to Poplar Road .

Nov. 2001
The Township receives an extension of its substantive certification from COAH.

Dec. 2002
Through the assistance of state and county funding ($3.37 million from the Bergen County Open Space Trust Fund), the Township purchases 18 of the 44 acres at Poplar Road for open space, reducing the proposed units from 233 to 106 (95 town-house units and 11 single-family houses).

Feb. 2003
In a letter to DEP Commissioner Campbell, Mayor Paschalis calls upon the state to protect Lake Tappan .

March 2003
Governor McGreevey proposes C1 designation for Lake Tappan and River Vale's waterways.

April 2004
The DEP issues Rivervale Developers a “Notice of Intent to Revoke Stream Encroachment Permit” because the developer neglected to disclose that proposed structures were to be constructed on lands subject to the Watershed Protection and Moratorium Act.

In response to requests by Bergen SWAN, the Hackensack Riverkeeper, and the Rutgers Environmental Law Clinic, United Water is issued an order by DEP Commissioner Bradley Campbell to submit a “complete listing of all licenses, easements, leases, agreements and approvals executed by United Water or between United Water and other parties through which United Water has granted to others the right to use any property that is under the Board's jurisdiction during the period January 1, 1988 to the present.”

July 2004
Governor McGreevey approves Category One designations for Lake Tappan and River Vale's waterways. The governor's action automatically reduces the number of units proposed for Poplar Road (parcels I6A&B) from 95 to 78.

June 2005
River Vale Planning Board adopts a new Master Plan for River Vale.

July 2005
River Vale approves Regional Contribution Agreement (31 units, $775,000) with Cliffside Park .

River Vale files for Third Round certification with COAH.

Sept. 2005
Rivervale Developers' application to build 78 units on parcels I6A & I6B is denied by the Planning Board.

November 2005
Rivervale Developers appeals the Planning Board's decision in Superior Court.

June 2006
Judge Harris of the Superior Court reverses the Board's denial of the site plans and remands the application (I-6A and I-6B) to the Board for a separate vote no later than July 31, 2006. The applicant may amend the site plans to correct any non-compliance with respect to affordable housing compliance. The Board may impose reasonable conditions to its approval of the respective site plans.

July 31, 2006
Under Court Order, the Planning Board conditionally approves the site plans for I6A and I6B and simultaneously files an appeal of the Judge's decision.