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Old Tappan adopts resolution committing to modified DCA Round 4 affordable‑housing numbers and directs legal filing
Summary
Council adopted a resolution committing to a present‑need calculation of 4 units and a modified prospective‑need figure of 121 units for DCA Round 4 (2025–2035), and directed the borough attorney to file a declaratory‑judgment complaint within 48 hours to preserve town challenges to the DCA land‑capacity calculation.
The Old Tappan Mayor and Council adopted a lengthy resolution responding to the Department of Community Affairs' (DCA) Round 4 fair‑share calculations for 2025–2035. The DCA report assigned the borough a present rehabilitation need of 4 units and a prospective new‑construction obligation of 233 units; after review the borough planner reduced the land‑capacity calculation and the council committed to a modified prospective need of 121 units.
Council discussion emphasized that two of the three DCA input components (income and nonresidential tax base) were not contestable but that the land‑capacity layer could be challenged. A councilor explained that the planner reduced the DCA vacant‑land count by removing parcels that are not developable (including watershed and other constrained properties). The resolution directs the borough attorney to file a declaratory‑judgment complaint in Bergen County within 48 hours of adoption to preserve the town's position and attach the planner's memo.
"I will file an action within 48 hours from today," a council speaker said during the meeting. Councilors noted the adopted numbers are subject to further adjustments if court rulings or subsequent regulations change the law. The resolution also reserves the borough's right to respond to third‑party challenges through Feb. 28 and to adjust its position if necessary.
