What happens if we fail to meet our affordable housing requirement?
If a town does not meet its affordable housing requirement, it looses its immunity from lawsuit, and a developer would then be permitted to sue the town and ask the court to allow the developer to build the affordable housing. These lawsuits, known as "builder's remedy" lawsuits, are costly to defend, but more importantly, they can cause the town to lose control of its zoning and planning process. In a builder's remedy lawsuit, the planning process takes place in the courtroom, rather than at the Planning Board and Township Committee. Furthermore, developers that build affordable housing are entitled to build market-rate housing as well. By including these market rate units in the development, a developer could be permitted to build five times the amount of housing that would otherwise be required. Finally, if we fail to meet COAH's deadlines, COAH can seize the funds that the township has been collecting from developers for its affordable housing trust fund under the theory that if the town won't use the money to provide affordable housing, the state will.

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1. Why purchase Pennytown?
2. Are we paying fair market value for the property?
3. Why is the property available now?
4. What is the development potential of the property?
5. What is unique about having sewers at the property?
6. Why do we have a pressing need to build affordable housing?
7. Who qualifies for affordable housing?
8. What is our affordable housing requirement?
9. What is the deadline for meeting our Round Three requirements?
10. What happens if we fail to meet our affordable housing requirement?
11. Is a developer's remedy lawsuit realistic in this economy?
12. How would development at the Pennytown site affect firefighting in the area?
13. How would development at Pennytown affect wells in the area?
14. How would development at Pennytown affect traffic in the area?
15. How is the township protected against environmental damage at the site?
16. Who would demolish the existing buildings, and when?
17. What is the timeline for development of the site?
18. Pennytown is isolated and located on a state highway. Is this a reasonable location for affordable housing?
19. What would the houses look like?
20. Will the houses be sale or rental units?
21. How will the township pay for the property?