Madison council votes to accept state Round 4 housing numbers; staff to seek vacant‑land adjustment

The Borough of Madison Mayor and Council voted to accept the state Department of Community Affairs (DCA) allocation for Round 4 affordable‑housing obligations and directed the borough attorney to file a declaratory judgment action in Morris County Superior Court to cement the town’s position.

A staff member who presented the item told the council, “Madison has a very positive long‑term history, and we view affordable housing not just a legal obligation, but a moral obligation.” The staff member said DCA’s preliminary figures assign Madison a rehabilitation obligation of 0 units and a prospective (new construction) obligation of 206 units for the Round 4 planning period.

The resolution before the council — Resolution 54 — would accept the DCA numbers and trigger a required court filing within 48 hours. The presenter and other officials said the borough would then pursue a vacant‑land adjustment to reduce the 206 number because of limited developable land in Madison. The presenter noted the borough obtained a vacant‑land adjustment in the prior (third) round when an original allocation was reduced from 1,000 to 147 units.

Under the new state administrative process for Round 4, the presenter said the declaratory judgment filing begins a 30‑day window in which any party may intervene or object; if there are objections the DCA would review and the parties would need to resolve differences between March 1 and April 1. The borough’s housing element and fair‑share plan would then be due by June 30 and must show how Madison will meet whatever obligation becomes final for the 10‑year period beginning July 1, 2025.

Council members and staff discussed the tools Madison would use to meet any final obligation, including the borough’s inclusionary zoning rule (which requires 20% affordable units in new market‑rate projects of five units or more), overlay zones that allow higher density in designated areas, bonus credits for adaptively reusing vacant commercial buildings, and supportive‑housing credits (which count beds rather than units for credit). The presenter said these mechanisms could reduce the practical number of new construction units required while also serving populations not currently housed in Madison.

On a roll call, the council approved Resolution 54. The minutes record the roll‑call ‘yes’ votes from Council President Ehrlich, Councilmember Landrigan, Councilmember Range, Councilmember Harlan Putis, Councilmember Honohan, and Councilmember Forte.

The resolution preserves the borough’s right to seek a vacant‑land adjustment and to pursue credits and overlay approaches during the housing element and fair‑share plan process. If adopted at tonight’s meeting, the borough clerk will email the signed resolution to the borough attorney and the declaratory judgment action will be filed in Morris County Superior Court the next business day.