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Merchantville commits to modified Round 4 fair-share numbers and directs attorney to file declaratory judgment
Summary
Council adopted Resolution R25-23 committing to a present-need figure of 15 affordable units and modifying the DCA's Round 4 prospective-need figure to 4 units, and directed borough attorney Timothy J. Higgins to file a declaratory judgment in Camden County within 48 hours of adoption (or by Feb. 3, 2025) as provided in AOC Directive #14-24.
Merchantville Borough Council approved Resolution R25-23 at its Jan. 27 caucus meeting, committing the borough to Round 4 present-need affordable-housing numbers of 15 units and modifying the Department of Community Affairs' Round 4 prospective-need figure from 15 units to 4 units, subject to vacant-land and durational adjustments and the borough's stated reservations of rights.
The resolution cites the Amended Fair Housing Act (N.J.S.A. 52:27D-301 et seq.) and the DCA's October 18, 2024 report, which provided non-binding estimates of municipal obligations. The text states that Merchantville reviewed the lands DCA identified for land-capacity calculations and, based on municipal data, seeks to commit to the modified figures while reserving the right to seek further adjustments if regulations or court rulings (including the Montvale case, MER-L-1778-24) change the borough's obligations.
The council directed Timothy J. Higgins, Esquire, to file a declaratory judgment complaint in Camden County within 48 hours after adoption of the resolution (or by Feb. 3, 2025, whichever is sooner) and authorized Mr. Higgins to submit or file the resolution with the Program or other appropriate entities and to attach the resolution as an exhibit to any filing. The resolution states it takes effect immediately, "according to law."
The resolution also states Merchantville may pursue vacant-land adjustments and durational adjustments under COAH regulations, and that the borough reserves the right to adjust its position in response to third-party challenges to the calculations.
