Old Tappan adopts modified DCA round‑four fair‑share numbers, directs attorney to seek judicial clarification

The Borough of Old Tappan on Jan. 21 adopted a detailed resolution responding to the New Jersey Department of Community Affairs’ (DCA) round‑four affordable‑housing allocations and directed the borough attorney to pursue judicial clarification if necessary.

Borough attorney Briant T. Giblin, Esq., read the resolution, which accepts a present‑need or rehabilitation obligation of four units and, based on a borough planner’s review, revises the DCA’s prospective‑need figure downward from 233 units to 121 units. The resolution reserves the borough’s rights to seek vacant‑land or durational adjustments and to respond to any third‑party challenges to the calculation. It also directs the borough attorney to file a declaratory‑judgment complaint in Bergen County within 48 hours of adoption where appropriate to protect the borough’s path to statutory certification or to resolve timing and numeric disputes.

Planner John Zabo summarized his review and said the only DCA component realistically challengeable is the land‑capacity factor. Zabo said he removed parcels the DCA’s automated mapping flagged as developable but that the planner judged constrained or non‑developable (examples cited included reservoir lands and church parking areas misclassified as buildable). Those adjustments, Zabo said, produced the borough’s 121‑unit prospective‑need figure.

Councilors discussed the limited scope of challenges—income and nonresidential tax‑base data are not typically contestable—and emphasized a constrained timeline. The council noted planning‑board and master‑plan steps must proceed quickly; the borough faces a June 30 master‑plan amendment deadline to implement local changes that could accommodate the units. Officials also flagged that interested parties can challenge the borough’s calculations through Feb. 28 under the current schedule.

The resolution was adopted by unanimous roll‑call vote. Council members said the action is intended to preserve Old Tappan’s ability to seek certification or negotiate a lower obligation through technical adjustments and, if needed, litigation. The borough will attach a planner’s memorandum to the filed action explaining the parcel‑level adjustments.

The council indicated follow‑up work: mapping and documentation for the master‑plan amendment, outreach to potential developers or redevelopment mechanisms that could yield credits, and continued monitoring of any court cases or statutory changes that could affect obligations.