Old Tappan council adopts resolution to contest DCA Round 4 housing numbers, commits to 121-unit prospective target

The Borough of Old Tappan Mayor and Council on Jan. 21 adopted a resolution that commits the borough to a modified DCA Round 4 affordable-housing obligation and directs borough attorney Brian T. Giblin to file a declaratory-judgment complaint to formalize the town’s position.

Council members said the action responds to a nonbinding Oct. 18, 2024 Department of Community Affairs (DCA) report that assigned Old Tappan a prospective-need obligation of 233 units for 2025–2035. The council’s resolution records a review by the borough planner and reduces the prospective-need figure to 121 units while retaining a present-need (rehabilitation) obligation of four units.

“This is frankly the best we can do,” a council member leading the discussion said, describing the planner’s review of DCA land-capacity maps and the removal of parcels the planner deemed non-developable. “Our planner, John Szabo, has reviewed it… and by doing that was able to reduce the number down to the 121 that you see in this resolution.” The speaker added that the DCA’s land-capacity method is automated and that local review can change which parcels count as developable.

The resolution cites statutory factors in NJSA 52:27D-304.3 and explains that the DCA report is nonbinding; it records that Old Tappan will pursue technical adjustments (vacant-land and durational adjustments) and reserves the right to seek further reduction if court rulings or statutory changes affect obligations. The resolution also directs the borough attorney to file a declaratory-judgment action in Bergen County within 48 hours of adoption or by Feb. 3, 2025, whichever is sooner, and to attach the planner’s memo as an exhibit.

Council members discussed next steps: preparing maps and supporting materials to document non-developable parcels, calculating realistic development potential (RDP) and bonus credits (for certain unit types), and complying with tight local deadlines such as updates to the master plan and planning-board actions by June 30. One council member warned that the filing could be challenged by outside parties — for example, the Fair Share Housing Center, a developer, or a citizens’ group — and noted any party has a window to challenge the calculations.

No vote against the measure was recorded during the roll call; the clerk called each member by name and registered affirmative votes.

What happens next: the borough attorney will file the declaratory-judgment complaint as directed by the resolution; the planner and subcommittees will prepare the technical documentation (maps and RDP analysis) the borough intends to rely on in court or in negotiations with the DCA. The resolution’s adoption sets Old Tappan’s formal position while leaving legal and technical arguments subject to future proceedings.

Authorities cited in the meeting included the amended Fair Housing Act, the DCA Oct. 18, 2024 report, and NJSA 52:27D-304.3. The planner named in discussion was John Szabo.