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Pompton Lakes council adopts binding affordable-housing obligation after planner recommends 104-unit figure
Summary
An H2M planner outlined the borough’s 2025–2035 affordable-housing obligation and the council adopted a binding resolution reflected on the consent agenda that aligns the borough's local calculation (104 units) with the state process.
San Chivan, the borough's retained affordable-housing planner from H2M, told the Borough Council of Pompton Lakes on Jan. 27 that the state's Department of Community Affairs calculated a 2025'2035 regional prospective need of 106 units for the borough but that local adjustments reduced the town's realistic obligation to 104 units.
Chivan said municipalities must adopt a binding obligation by Jan. 31, 2025, as part of the Fair Housing Act framework and the new post-2024 round rules the presenter described as enacted through legislation signed in March 2024. She described two parts of the obligation: the prospective need (2025'2035) and an existing-deficit component (45 units in the borough's case). Chivan said DCA provided baseline calculations on Oct. 18, 2024, and that the borough's adjustments excluded parcels that were DOT right-of-way or utility land and removed incorrectly classified nonresidential parcels, lowering the town's prospective obligation from 106 to 104 units.
The presentation summarized mechanisms municipalities may use to meet obligations under the new round, including redevelopment-area commitments, zoning changes, group homes (credited by bedroom), and senior- or special-needs credits. Chivan told the council deed restrictions to secure credits must be 30 years for most units under the current rules.
Mayor Michael Sarah said the council had a resolution on the agenda to implement the planner's recommended number and council members subsequently approved the package of resolutions placed on the consent agenda during the meeting (resolutions 25-65 through 25-83). The meeting record shows the resolutions were adopted by voice vote during the consent portion of the agenda.
Chivan and Borough Administrator Michael Brown outlined next steps: adopt a full round housing plan by June 30, 2025; adopt implementing ordinances and a spending plan by March 15, 2026; and upload required documents to the state within 48 hours after adoption. Brown also said the administrator's office circulated the latest DCA guidance by e-mail to the council.
Council members asked how credits work (Chivan: typically one credit per unit; group homes are credited per bedroom), the length of deed restrictions (Chivan: 30 years under the current round), and whether prior 'payment-in-lieu' options remain available (Chivan: not under the new round for prospective obligations). Chivan noted the borough may contest DCA parcel or valuation choices under the statutory review process.
Chivan said the council must adopt a binding resolution on the obligation by Jan. 31, 2025, and later must finalize the full housing plan and implementing ordinances. The presentation and council action put the borough on the timeline to meet DCA deadlines.
The council did not discuss specific project approvals tied to the obligation during the meeting; Chivan said the planning board will adopt the housing plan element when prepared and the governing body will later adopt a spending plan and implementing ordinances.
