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Council authorizes settlement setting Old Tappanprospective housing need at 212 units
Summary
The borough council voted to authorize a settlement with the New Jersey Builders Association that sets Old Tappan's prospective housing obligation at 212 units (the DCA had issued 233). The resolution authorizes the mayor and borough clerk to sign the agreement subject to attorney approval; one council member recorded a dissent.
The borough council adopted a resolution authorizing the mayor and borough clerk to sign a settlement agreement with the New Jersey Builders Association that sets Old Tappan's prospective affordable-housing obligation at 212 units.
Mayor (speaking during the meeting) described the negotiations and numbers on the record: "Back in October 2024, Old Tappan was assigned a number of 233 affordable and moderate units to be built or redeveloped over the next decade," and the mayor said the borough's planner had proposed a lower figure. The mayor told council members that, after mediated negotiations, the parties "agreed to a prospective need obligation for the borough of 212 units." The resolution directs the mayor and borough clerk to sign the settlement upon approval by the borough attorney and to file a copy with the borough clerk.
Why it matters: the Department of Community Affairs (DCA) determined a prospective need of 233 units; Old Tappan's planner calculated 121 units. Council members and professional staff said the settlement reduces the borough's obligation from the DCA number and avoids further costly litigation. As the mayor framed it, the settlement "will keep us out of another costly lawsuit."
Council discussion and vote: council members discussed the scope of the obligation, the negotiation process with the special adjudicator and judge, and concerns about how other towns fared in settlements. The transcript records at least one recorded dissent: when the clerk called the roll on the settlement resolution, "Councilman Barney? No." Several other roll-call responses were recorded as "Yes" in the minutes; the transcript does not contain a complete, unambiguous numeric tally in sequence, so the final certified vote total should be confirmed in the official minutes.
Next steps: staff said the written settlement will be uploaded to eCourts upon adoption and the borough will work with the planning board over the next 90 days on the housing element and fair-share plan to address the remaining unmet need outlined in the settlement.
