Hopatcong council adopts resolution modifying DCA fourth-round affordable-housing obligation

Hopatcong Borough Council on Jan. 20 adopted Resolution 2025-40 to accept a locally produced analysis that reduces the borough's fourth-round affordable-housing obligation as calculated by the New Jersey Department of Community Affairs (DCA).

The council voted unanimously to file the borough's supplemental analysis and a declaratory-judgment action within 48 hours, preserving the borough's ability to seek a reduction in the DCA's published numbers.

Planner Joe Fuge of Van Cleef Engineering and Associates summarized the supplemental analysis during the meeting. He told the council the DCA had identified 78 unconstrained GIS "features" totaling 43.77 acres; his review found 31 of those features (13.54 acres) were improperly included because of mapping artifacts or constraints such as inclusion of state park land or parcels outside the sewer-service area.

"The numbers that are in front of you tonight are a present need and a prospective need," Fuge said, describing the DCA figures and the three capacity factors the DCA uses: land capacity, income capacity and equalized nonresidential valuation. He said his team's review focused on the land-capacity factor where they found the largest discrepancies.

Fuge reported the borough's land-capacity allocation factor dropped from 2.21 to 1.54 after removing the 13.54 acres. Using that revised land factor with the DCA's income factor (0.81) and nonresidential-valuation factor (0.29), the borough's averaged allocation fell to 0.88. That change, Fuge said, reduces the DCA's originally identified 306 prospective units to 244 units, a roughly 20% reduction.

The resolution instructs borough staff to file the council's acceptance and Fuge's memorandum with the DCA and to commence a declaratory-judgment action; the planner said filing within 48 hours preserves the borough's rights. The planner and council discussed appeal timing; the planner said objectors would have a later deadline to challenge the reduction (identified in the meeting as Feb. 28) and that appeals could prompt further fact-finding.

Council members and the planner also discussed next steps: preparing a fair-share housing element and potential master-plan revisions to identify realistic sites and zoning tools to meet obligations over the coming decade. The planner and other speakers warned that infrastructure constraints (limited sewer and water service and conservation goals around the lake watershed) reduce the borough's feasible development capacity, but cautioned these constraints do not make the borough immune to a builder's-remedy application.

Council Member Falcone moved the resolution; the motion was seconded and carried on a roll call vote with Council Members Falcone, Johnson, Koussevich, Rodriguez and Smith and Mayor Galati recorded as voting yes.

The planner said his memorandum and supporting GIS dataset include a chart identifying the 31 features recommended for removal, with acres, lot-and-block references and justification notes; he said the dataset and mapping product can be made available to the borough.

The council and planner emphasized that adopting the resolution and filing the action are initial defensive steps. The planner said the fair-share housing element and any zoning or inclusionary changes to the master plan will be the longer-term work to create defensible solutions and reduce the borough's exposure to court-ordered development remedies.

Votes at a glance: Resolution 2025-40 (affordable housing numbers): Passed, roll call yes votes recorded for Council Member Falcone; Council Member Johnson; Council Member Koussevich; Council Member Rodriguez; Council Member Smith; Mayor Galati.