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Old Tappan adopts modified DCA Round 4 affordable‑housing numbers and directs borough attorney to file declaratory action
Summary
Council adopted a resolution committing to a modified DCA Round 4 affordable‑housing figure (4 present‑need, 121 prospective need) and authorized Borough Attorney Brian T. Giblin to file a declaratory‑judgment complaint within 48 hours to contest DCA land‑capacity calculations, citing planner review and potential third‑party challenges.
The Borough of Old Tappan adopted a resolution addressing the Department of Community Affairs (DCA) Round 4 fair‑share housing calculations for 2025–2035 and directed legal action to preserve the boroughs interests.
The adopted resolution states the borough's present need of four units and sets a modified prospective‑need figure of 121 units (down from the DCAs 233) based on a land‑capacity review prepared by the borough planner, John Szabo. The resolution notes that the DCA report is nonbinding and that municipalities may demonstrate lower obligations by challenging the land‑capacity assumptions. The resolution explicitly directs Borough Attorney Brian T. Giblin, Esquire, to file a declaratory‑judgment complaint in Bergen County within 48 hours of adoption (or by the statutory deadline) and to attach the planner memo as an exhibit.
Council and staff discussed the planner's methodology: Szabo reduced the DCA's mapped developable land by excluding properties the borough considers nondevelopable (watershed properties, certain church parking areas and other parcels). Council members acknowledged the DCA calculation cannot be driven to zero and that interested parties could challenge the borough's modified figure through the statutory review period. The resolution reserves the borough's rights to adjust positions in response to any court rulings or third‑party challenges.
