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Executive Summary
The Borough of Northvale is developing its Fourth Round Housing Element and Fair Share Plan to comply with New Jersey's Fair Housing Act, covering the period from July 1, 2025, to July 1, 2035. This plan addresses the municipality's obligations to provide affordable housing, including present need (rehabilitation), prior round, third round, and fourth round prospective needs. The plan includes an inventory of housing, demographic and employment analyses, and considers land suitable for housing development, rezoning, and redevelopment strategies. The Borough of Northvale has received a court order fixing its obligations. The court documents specify a Present Need of 8 affordable units and a Prospective Need of 105 affordable units for the Fourth Round housing cycle. The municipality must complete a series of steps, including adopting and filing the Fourth Round Housing Element and Fair Share Plan by June 30, 2025, to maintain immunity from exclusionary zoning lawsuits.
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--- Document: 6818fc 2ced514e89dc4ce287e3fed0906fd129 Document ---
2025
Fourth Round Housing Element
and Fair Share Plan
BOROUGH OF NORTHVALE | BERGEN COUNTY, NEW JERSEY
ADOPTED BY THE PLANNING BOARD: JUNE 18, 2025
ENDORSED BY THE COUNCIL:
PREPARED BY:
LYNDSAY KNIGHT, PP, AICP
NEW JERSEY PROFESSIONAL PLANNER LICENSE NO. 33LI00640100
1
Contents
Introduction .................................................................................................................................................. 2
Municipal Summary ................................................................................................................................... 4
Content of Housing Element ......................................................................................................................... 5
Inventory of Northvale’s Housing Stock .................................................................................................... 6
Northvale’s Employment Demographics ................................................................................................. 14
Capacity for Fair Share ............................................................................................................................ 16
Land Capacity .......................................................................................................................................... 16
Fair Share Plan ............................................................................................................................................. 20
Content of Fair Share Plan ....................................................................................................................... 20
Prior and Third Round Compliance .......................................................................................................... 20
Third Round Rehabilitation Obligation .................................................................................................... 21
Fourth Round Compliance Status ............................................................................................................ 21
Affordable Housing Obligations ............................................................................................................... 21
Appendix ..................................................................................................................................................... 24
Vacant Land Adjustment ......................................................................................................................... 25
Maps ........................................................................................................................................................ 27
Affirmative Marketing Plan ..................................................................................................................... 33
Draft Spending Plan ................................................................................................................................. 34
Court Documents .................................................................................................................................... 38
2
Introduction
New Jersey’s history in affordable housing can be tracked by to the first Supreme Court decision in 1975,
Southern Burlington County NAACP v. the Township of Mount Laurel 67 N.J. 151 (1975) (known as Mount
Laurel I). This historic case determined that every developing municipality through New Jersey had an
affirmative obligation to provide its fair share of affordable housing. In 1983, the Supreme Court decided
Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J. 158, 456 A.2d 390 (1983)(known
as Mount Laurel II), which acknowledged that the vast majority of municipalities had not addressed their
constitutional obligation to provide affordable housing and created the builder’s remedy lawsuit, which
allowed developers to sue non-compliant municipalities forcing them to accept their proposed projects at
extremely high densities.
In response to an onslaught of builder’s remedy lawsuits, the Legislature enacted the Fair Housing Act of
1985 (the “FHA”), which created the Council on Affordable Housing (“COAH”) to review and approve
municipal Housing Elements and Fair Share Plans. Every municipality in the State was required to provide
a “realistic opportunity for a fair share of its region’s present and prospective needs for housing low- and
moderate-income families”. Through this process, a Housing Element became a mandatory part of
municipal master plan. In addition, a Fair Share Plan became the mandatory document that illustrates
the means of achieving the affordable housing goals discussed more generally in the Housing Element.
To implement the FHA requirements, COAH adopted a series of regulations. First Round regulations were
enacted in 1987. Second Round regulations were adopted by COAH in 1994. Third Round regulations
were supposed to be adopted in 1999 when the Round 2 rules were set to expire, but the first iteration of
Round 3 regulations were not adopted by COAH until 2004. After those regulations were invalidated by
the courts, COAH adopted a second iteration of Third Round regulations in 2008. The second iteration of
regulations were also invalidated by the Courts, and after COAH failed to adopt a third iteration of Third
Round regulations in 2014, the Supreme Court issued In the Matter of the Adoption of N.J.A.C. 5:96 and
5:97 by the New Jersey Council on Affordable Housing, 221 N.J. 1 (2015) (Mount Laurel IV), in which it
directed trial courts to assume COAH’s functions and ruled that municipalities would have to get their
Third Round Housing Elements and Fair Share Plans approved in the courts via the granting a Judgment of
Compliance and Repose (JOR), rather than getting the plans approved by COAH.
Subsequently, on January 18, 2017, the Supreme Court decided In Re Declaratory Judgment Actions Filed
by Various Municipalities, County of Ocean, Pursuant To The Supreme Court’s Decision In In re Adoption
of N.J.A.C. 5:96, 221 N.J. 1 (2015) (“Mount Laurel V”), which held that municipalities are also responsible
for obligations accruing during the so-called “gap period,” the period of time between 1999 and 2015.
However, the Court stated that the gap obligation should be calculated as a never-before calculated
component of Present Need, which would serve to capture Gap Period households that were presently in
need of affordable housing as of the date of the Present Need calculation (i.e. that were still income
eligible, were not captured as part of traditional present need, were still living in New Jersey and
otherwise represented a Present affordable housing need).
In the Spring of 2024, the New Jersey Legislature passed, and Governor Murphy signed Law A4/S50 which
amended the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.)(hereinafter the “amendments” or the
“Amended FHA”). The amendments provided direction and deadlines for how a municipality must meet
its Fourth Round affordable housing obligations. This legislative effort was intended to create a more
3
efficient, open, and transparent process for the Fourth Round and all subsequent rounds. The amended
FHA also permanently abolished COAH, and introduced a comprehensive structure for municipalities to
meet their obligations before a new entity known as the Affordable Housing Dispute Resolution Program
(hereinafter the “Program”), which consists of retired Mount Laurel judges and their Special Adjudicators,
once known as Court Masters. The Program was created to approve Fourth Round Housing Elements and
Fair Share Plans via the granting of a Compliance Certification, along with underlying orders to be entered
into by the local vicinage trial court. The Program was also created to help municipalities mediate with
objectors regarding their Fourth Round affordable housing obligations and the approval of the plans. The
amended FHA also required the Department of Community Affairs (DCA) to take over the monitoring of
affordable units in every municipality in the state, and to draft and release a report calculating non-
binding Fourth Round municipal Present and Prospective Need obligation for every municipality in the
state. The DCA released its Fourth Round numbers report in October of 2024. The amended FHA also
ordered the New Jersey Housing and Mortgage Finance Agency (NJHMFA) to adopt new UHAC
regulations. The amended FHA also changed the way municipalities receive bonus credits amongst other
things.
The amended FHA also laid out the procedure to effectuate compliance with the Fourt Round of
Affordable Housing (July 1, 2025 to July 1, 2035). Municipalities must complete a series of steps and, if
the steps are timely completed, the municipality retains immunity from all exclusionary zoning lawsuits,
including immunity from builder’s remedy lawsuits. The steps are as follows:
1. Establish Present and Prospective Need Obligation Numbers – January 31, 2025. The legislation
required municipalities to adopt a Present- and Prospective Need Obligation numbers by
resolution by January 31, 2025.
2. Period to Challenge Numbers – February 1, 2025 to February 28, 2025. Interested parties can file
a challenge to the municipality’s adopted numbers.
3. If Challenged, Numbers Reviewed and Settled – March 1, 2025 to April 1, 2025. The Affordable
housing Dispute Resolution program will review the municipality’s proposed obligation numbers
and review the challenge presented.
4. Adoption and filing of a Fourth Round Housing Element and Fair Share Plan – June 30, 2025. The
HEFSP must contain several components which must provide a realistic opportunity for the
development of affordable housing units that will satisfy the municipality’s Rehabilitation, Prior
Round, Third Round and Fourth Round affordable housing obligations. The statutory components
of the Housing Element and Fair Share Plan include, among other things, an inventory of housing,
demographic and employment analyses, and considerations of lands for suitable housing
development. This document will also contain areas recommended for rezoning, redevelopment,
or other land use strategies to effectuate such housing development. This document will address
all of the statutory criteria required by the legislation to achieve conformance with this step.
5. Challenges to the Fourth Round Housing Element and Fair Share Plan – August 31, 2025 to
December 31, 2025. Interested parties can file a challenge to the validity of the plan and the
strategies to address the obligation contained therein- by August 31, 2025. Municipalities will
have until December 31, 2025 to settle any challenge or provide an explanation as to why some
or all the requested changes from the intervening party will not be made. If there is a settlement,
it must be reviewed and approved by the Program, and then by the local vicinage Mount Laurel
Judge for the county, who will issue an order approving the settlement and the equivalent of a
4
judgment of compliance and repose known as a Compliance Certification, which will grant a
municipality immunity from all exclusionary zoning lawsuits until the end of the Fourth Round on
June 30, 2035. If there is no settlement the Program will review the plan and issue a
recommendation which goes to the Superior Court where the assigned Mount Laurel Judge for
the county issues the Compliance Certification.
6. Final Compliance Deadline – March 31, 2026. The deadline for the Borough to adopt the
implementing ordinances to align with the plan.
Municipal Summary
The Borough of Northvale is located in Bergen County, along the New York State border. Northvale
encompasses roughly 1.2 square miles and has a small-town feel. The center of the Borough is located at
the intersection of Paris Avenue and Livingston Street (County Route 505). The Borough is served by
Coach USA bus service. The Local 20 line runs along Paris Avenue and connects the Borough to the Port
Authority Bus Terminal and points north of Rockland County, New York.
Northvale is surrounded by the Borough of Norwood, Borough of Old Tappan and Borough of Rockleigh in
Bergen County. To the north is Tappan in Rockland County, New York. Between 2010 and 2020, the
Borough’s population increased by 121 residents from 4,640 to 4,761.
Affordable Housing Obligation
On January 22, 2025, in response to the requirements of the amended FHA, the Borough memorialized
Resolution #41-25 the Present Need (rehabilitation) Obligation of eight (8) and a Prospective Need
Obligation of ninety-nine (99), which were the numbers calculated for the Borough’s affordable housing
planner. The resolution reserved the Borough’s rights to a vacant land adjustment, durational
adjustments, and all other applicable adjustments permitted in accordance with the act and COAH
regulations. The Borough then filed a Declaratory Judgment Complaint on January 23, 2025 with the
Program and the Court, along with the Borough’s Fourth Round numbers resolution, and the local
vicinage Court. However, the New Jersey Builder’s Association (“NJBA”) filed a challenge to the Borough’s
number. Northvale and the NJBA entered into a successful settlement conference to determine the
Borough’s affordable housing obligation of a Present Need of eight (8) and a Prospective Need of one
hundred and five (105).
Borough Goal
It is the overall goal of the Borough’s Fourth Round Housing Element and Fair Share Plan is to provide the
planning context in which access to low- and moderate-income housing can be provided in accordance
with the requirements of the Fair Housing Act and the laws of the State of New Jersey.
5
Content of Housing Element
The Fair Housing Act requires that “the housing element be designed to achieve the goal of access to
affordable housing to meet present and prospective housing needs, with particular attention to low- and
moderate-income housing”. As per the MLUL, specifically N.J.S.A. 52:27D-310, a housing element must
contain at least the following items:
a. An inventory of the Borough’s housing stock by age, condition, purchase or rental value,
occupancy characteristics and type, including the number of units affordable to low- and
moderate-income households and substandard housing capable of being rehabilitated, and in
conducting this inventory the municipality shall have access, on a confidential bases for the sole
purpose of conducting the inventory, to all necessary property tax assessment records and
information in the assessor’s office, including but not limited to the property records cards;
b. Projection of the municipality’s housing stock, including the probable future construction of low-
and moderate-income housing, for the next ten years, taking into account, but not necessarily
limited to, construction permits issues, approvals of applications for development and probable
residential development of lands;
c. An analysis of the municipality's demographic characteristics, including but not necessarily limited
to household size, income level, and age;
d. An analysis of the existing and probable future employment characteristics of the municipality;
e. A determination of the municipality's present and prospective fair share for low- and moderate-
income housing and its capacity to accommodate its present and prospective housing needs,
including its fair share for low- and moderate-income housing, as established pursuant to section
3 of P.L.2024.c2(C.52:27D-304.1);
f.
A consideration of the lands that are most appropriate for construction of low- and moderate-
income housing and of existing structures most appropriate for conversion to, or rehabilitation
for, low- and moderate-income housing, including a consideration of lands of developers who
have expressed a commitment to provide low- and moderate-income housing;
g. An analysis of the extent to which municipal ordinances and other local factors advance or
detract from the goal of preserving multigenerational family continuity as expressed in
recommendations of the Multigenerational Family Housing Continuity Commission, adopted
pursuant to paragraph (1) of subsection f. of section 1 of P.L.2021.c273(C.52:27D-329.20);
h. For a municipality located within the jurisdiction of the Highlands Water Protection and Planning
Council, established pursuant to P.L.2024.c2(C.52:27D-304.1), and analysis of compliance of the
housing element with the Highlands Regional Master Plan of lands in the Highlands Preservation
Area, and lands in the Highlands Planning Area for Highlands-conforming municipalities. This
analysis shall include the consideration of opportunities for redevelopment of existing developed
lands into inclusionary or 100 percent affordable housing, or both and opportunities for 100
percent affordable housing in both the Highlands Planning Area and Highlands Preservation Area
that are consistent with the Highlands regional master plan; andAn analysis of consistency with
the State Development and Redevelopment Plan, including water, wastewater, stormwater, and
multi-modal transportations based on guidance and technical assistance from the State Planning
Commission.
6
Inventory of Northvale’s Housing Stock
The following housing data was sourced from the 2018-2023 five-year ACS estimates.
Housing Type
According to the 2023 ACS, there are
1,688 housing units in the Borough of
Northvale. The Borough’s housing
stock includes single-family detached,
single
family
attached
(i.e.
townhomes), multi-family dwellings,
and mobile homes. Single-family
detached dwellings total 1,329 or
78.7% of the Borough’s housing stock.
Single-family-attached
homes
comprise 35 or 2.1% of Northvale’s
housing stock. As the chart on the
right indicates there are 88, two-unit
dwellings and 130, 5 or more-unit
buildings.
Occupancy Status
According to the 2023 ACS estimates, 77% of the Borough’s occupied housing stock is owner occupied
while 22.6% is renter occupied. The Borough’s housing vacancy rate is estimated to be 0.8 in 2023. It is
important to note that the 10 total vacant units in the Borough are for sale only.
The average household size in Northvale is 2.85 persons, while the average family size is 3.02 persons
according to the 2023 ACS. See the table below for additional details.
Occupancy Status
Households
Percent
Occupied Total
1,678
99.4%
Owner Occupied
1,298
77.4%
Renter Occupied
380
22.6%
Vacant Total
10
0.6%
For rent
0
0.0%
Rented, not occupied
0
0.0%
For Sale only
10
1%
Sold, no occupied
0
0.0%
Seasonal
0
0.0%
Other
0
0.0%
Total
1,688
100%
Source: 2023 ACS tables DP04 & B25004
Housing Type by Units in Structure
Unit Type
Number of Units
Percent
1-unit, detached
1,329
78.7%
1-unit, attached
35
2.1%
2 units
88
5.2%
3 or 4 units
106
6.3%
5 to 9 units
19
1.1%
10 to 19 units
58
3.4%
20 or more units
53
3.1%
Mobile home
0
0.0%
Other
0
0.0%
Total
1,688
100%
Source: 2023 ACS Table DP04
7
Value and Rent of Housing Stock
The ACS provides value estimates for owner-occupied housing units. Northvale’s estimated 1,298 owner-
occupied housing units, the majority of homes (61.9%) are valued at between $500,000 to $999,999
while there are no homes valued between $150,000 to $199,999. See the table below for details.
Value of Owner-Occupied Units
Value
Number of Units
Percent
Less Than $149,999
133
10.2%
$150,000 to $199,999
0
0.0%
$200,000 to $299,999
19
1.5%
$300,000 to $499,999
296
22.8%
$500,000 to $999,999
804
61.9%
$1,000,000 or more
46
3.5%
Total
1,298
100.0%
Source: 2023 ACS table DP04
Over 32% of rentals in Northvale have rents priced between $1,500 to $1,999 per month. Units with
rents of $3,000 or more comprise only 8.1% of rentals in the Borough. See the table below for more
information.
Cost of Rentals
Cost
Number of Units
Percent
Less Than $1,499
103
27.8%
$1,500 to $1,999
119
32.2%
$2,000 to $2,499
51
13.8%
$2,500 to $2,999
67
18.1%
$3,000 or more
30
8.1%
Total
370
100%
Source: 2023 ACS table DP04
Condition of Housing Stock
The Census does not classify housing units as standard or substandard, but it can provide an estimate of
substandard housing units that are occupied by low- and moderate-income households. The Appellate
Division upheld COAH’s use of three indicators to determine substandard housing in the State. Those
three indicators are houses built before 1959 and which are overcrowded with more than one person per
room. The second indicator is homes lacking complete plumbing and the third indicator are homes
lacking kitchen facilities.
The Census indicators available at the municipal level indicate a sound housing stock, as displayed by the
following three (3) data tables. According to the 2023 ACS, all but .46% or 78 homes of occupied units
within the Borough contain complete kitchen facilities.
8
Condition of Housing Stock
Fuel Type
Number of Units
Percent
Lacking complete plumbing facilities
0
0.0%
Lacking complete kitchen facilities
78
4.6%
No telephone service available
0
0.0%
Total
1,678
4.6%
Source: 2023 ACS table DP04
Housing with 1.01 or more person per room is an index of overcrowding. In 2023, the ACS found that
there were 35 occupied housing units within the Borough that were “overcrowded”. It should be noted
that 97.9% of the housing units contained less than 1.00 persons per room.
Occupants Per Room
Occupants
Number of Units
Percent
1.00 or less
1,643
97.9%
1.01 to 1.50
25
1.5%
1.51 or more
10
0.6%
Total
1,678
100%
Source: 2023 ACS table DP04
Housing units built in 1975 or earlier are not flagged instead of units built in 1959 or earlier. Research has
determined that units built 50 or more years ago are much more likely to be in substandard condition.
Included in the rehabilitation calculation are overcrowded units and dilapidated housing. Overcrowded
units are defined by the U.S. Department of Housing and Urban Development as those with more than
one person living per room.
The table and bar graph on the following page provide the 2023 ACS data on the age of housing stock.
Approximately 68.7% of Northvale’s housing stock was built before 1975. Units built before 1975 are a
factor in the determination of each municipality’s rehabilitation share. In Northvale’s 1,162 units were
constructed prior to 1975. The Borough’s Rehabilitation obligation is 0 units, reflecting the relatively
good condition of these older homes. Approximately, 414 housing units in the Borough were constructed
in the 1960s. Close behind the 1960s homes, with 236 housing units are the housing units constructed in
the 1970s. As the table and bar graph illustrate, building completely stopped in 2020.
Age of Housing Stock
Year Built
Number of Units
Percent
Built 2020 or later
0
0.0%
Built 2010 to 2019
172
10.2%
Built 2000 to 2009
191
11.3%
Built 1990 to 1999
110
6.5%
Built 1980 to 1989
53
3.1%
Built 1970 to 1979
236
14.0%
Built 1960 to 1969
414
24.5%
Built 1950 to 1959
193
11.4%
Built 1940 to 1949
119
7.0%
Built 1939 or earlier
200
11.8%
Total
1,688
100%
Source: 2023 ACS Table DP04
9
Projection of Housing Stock
As per the MLUL specifically N.J.S.A 52:27D-310, a housing element must contain a projection of the
municipality’s housing stock, including the probable future construction of low- and moderate-income
housing for the next ten years, considering, but not necessarily limited to construction permits issued,
approvals of applications for development, and probable residential development of lands.
The Department of Community Affairs’ Division of Codes and Standards website provides data on
Certificates of Occupancy and demolition permits for both residential and non-residential development.
Within the Division of Codes and Standards website is the New Jersey Construction Reporter, which
contains building permit, certificate of occupancy (hereinafter “CO”), and demolition data that is
submitted by municipal construction officials within the State each month. The New Jersey Construction
Reporter has information dating back to 2000, which can be used to show the Borough’s historic
development trends.
As shown in the table below, 8 new homes were built and issues COs between 2013 and 2023 while 22
were demolished. As shown in the table below, the greatest numbers of certificates of occupancy were
issued between 2020 and 2022.
0
50
100
150
200
250
300
350
400
450
2020 or later
2010 to 2019
2000 to 2009
1990 to 1999
1980 to 1989
1970 to 1979
1960 to 1969
1950 to 1959
1940 to 1949
1939 or earlier
Number of Units
Year Built
Age of Housing Stock
Historic Trends of Residential COs and Demolition Permits
2013 2014 2015 2016 2017
2018
2019
2020
2021
2022
2023
Total
COs Issued
1
8
41
1
2
3
1
48
71
50
2
228
Demolitions
0
2
1
0
2
3
1
1
2
10
0
22
Total
1
10
42
1
4
6
2
49
73
60
2
30
Source: New Jersey Construction Reporter from the NJ DCA
10
Northvale’s Population Demographics
Northvale’s population experienced growth from 1940 until a slight decrease of 2.5% in 1980. From 1990
to 2020 there has been a steady increase in population. The 2020 US Census Bureau reports the
Borough’s population to be 4,761 people. Please see the table to the right and chart below for additional
information. It shall be noted that the five-year American Community Survey (hereinafter “ACS”) data
from the US Census Bureau provided estimates of population, housing and employment estimates
between the major Census reports each decade. In an effort to display the most up to date information,
the data used in this report is source from the 2018-2022 five-year ACS estimates.
Population Growth
Year
Population
Percent Change
1940
879
%
1950
1,103
25.5%
1960
2,193
98.8%
1970
3,925
79.0%
1980
3,826
- 2.5%
1990
3,459
-9.6%
2000
4,460
28.9%
2010
4,640
4.0%
2020
4,761
2.6%
Source: US Census Bureau, 2000, 2010, 2020
Age Distribution of Population
The 2023 ACS estimates that 18% of the population is 65 years or older while the percentage of children
aged 19 or younger comprised 26.9% of the Borough’s population. Residents aged 45 to 54 years old
comprised the largest age cohort with approximately 17.6% of residents fall in this category. The ACS
indicates that the Borough’s median age was 43.9 years old. See the table on the next page for additional
details.
879
1,103
2,193
3,925
3,826
3,459
4,460
4,640
4,761
0
500
1000
1500
2000
2500
3000
3500
4000
4500
5000
1940
1950
1960
1970
1980
1990
2000
2010
2020
Population Growth 1940-2020
11
Population By Age Cohort
Age
Total
Percent
Under 5 years
235
4.9%
5 to 9 years
193
4.0%
10 to 14 years
364
7.6%
15 to 19 years
496
10.4%
20 to 24 years
235
4.9%
25 to 34 years
407
8.5%
35 to 44 years
560
11.7%
45 to 54 years
843
17.6%
55 to 59 years
307
6.4%
60 to 64 years
284
5.9%
65 to 74 years
486
10.2%
75 to 84 years
295
6.2%
85 years and over
77
1.6%
Total
4,782
100%
Source: 2023 ACS Table DP05
Household Size and Type
According to the 2023 ACS estimates, Northvale contains 1,678 households. The Borough had a total of
1,484 or 88.4%, family households. Married-couple families with children under 18 comprised 53.6% of
households within the Borough, whereas 16.9% were non-family households in 2023. Non-family
households include persons living alone or a householder who is not related to any of the other persons
sharing their home.
Household Type and Size
Type
Number
Percent
Family Households
1,484
88.4%
Married couple family
1,148
77.4%
with children under 18
615
53.6%
Male Householder, no spouse
168
11.3%
Female Householder, no spouse
168
11.3%
Non-family Households
194
16.9%
Total
1,678
100%
Source: 2023 ACS Table S1101
As illustrated in the table below, the most common household size within Northvale in 2023 was a 4 or
more-person household, which totaled 39.7%. Second most common was a 2-person household with
33.4% of all households. Households of 3-persons comprised 16.8% of all households within the Borough.
The average household size in 2023 was 2.85 persons according to the ACS.
12
1-person
10.1%
2-person
33.4%
3-person
16.8%
4-person
39.7%
Household Size
Household Size
Size
Total
Percent
1-person
169
10.1%
2-person
561
33.4%
3-person
282
16.8%
4 or more person
666
39.7%
Total
1,678
100%
Source: 2023 ACS Table S2501
Income and Poverty Status
The ACS estimates that the median household, for the Borough of Northvale slightly exceeds the incomes
for Bergen County and New Jersey. Northvale’s median household income was $117,717, compared to
$116,709 and $99,781 for the State. The median family income in the borough is $16,907 less than the
county and approximately $4,961 greater than the State’s. The median per capita income is slightly less
than the county. However, the Borough’s median per capita income is greater than the State’s.
Individual poverty is at 3.7% in Northvale compared to 6.6% in the County and 9.7% in the State. See the
table and chart below and on the next page for additional details.
Income Characteristics
Income type
Borough of Northvale
Bergen County
New Jersey
Median Household Income
$117,717
$116,709
$99,781
Median Family Income
$126,905
$143,812
$121,944
Per Capita Income
$57,360
$62,627
$52,583
Poverty Status (Percent of People)
3.7%
6.6%
9.7%
Poverty Status (Percent of Families
3.2%
5.1%
7.1%
Source: 2023 ACS table S1901, B19301, S1701, S1702
13
According to the 2023 ACS data, a majority of households (28.2%) in Northvale earn more than $200,000
per year. This compares to 27% of households in the County and 20.4% of households in the State. On
the opposite end of the spectrum, 17.6% of households earn $50,000 or less per year compared to 20.4%
in the County and 25.3% in the State.
Household Income
Borough of Northvale
Bergen County
New Jersey
Total
Percent
Total
Percent
Total
Percent
Less Than $10,000
18
1.1%
12,831
3.6%
152,153.70
4.3%
$10,000 to $14,999
54
3.2%
8,198
2.3%
99,076.80
2.8%
$15,000 to $24,999
42
2.5%
14,257.52
4.0%
180,461.30
5.1%
$25,000 to $34,999
29
1.7%
14,257.52
4.0%
183,999.80
5.2%
$35,000 to $49,999
153
9.1%
23,168.47
6.5%
279,538.10
7.9%
$50,000 to $74,999
285
17.0%
40,633.93
11.4%
467,076.30
13.2%
$75,000 to $99,999
168
10.0%
38,851.74
10.9%
410,461
11.6%
$100,000 to
$149,999
285
17.0%
64,871.72
18.2%
640,460.07
18.1%
$150,000 to
$199,999
172
10.3%
43,129
12.1%
403,384.10
11.4%
$200,000 or more
473
28.2%
96,238.26
27.0%
721,845.20
20.4%
Total
1,678
100%
356,438
100%
3,538,457
100%
Source: 2023 ACS table S1901
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
$160,000
Borough of Northvale
Bergen County
New Jersey
Income Characteristics
Median Household Income
Median Family Income
Per Capita Income
14
Northvale’s Employment Demographics
This chapter provides a snapshot of employment within Northvale, including the types of industries within
the community. The 2023 ACS estimates that Northvale has 2,486 residents in the labor force. The labor
force consists of approximately 94.6% employed person and 5.4% unemployed persons.
The majority of works within the Borough are reported to be private wage and salary workers. Just over
1,907 or 81.1% of those employed fall into this category. Approximately 15.6% of workers are
government employees and 3.3% are self-employed. The ACS estimates 0 workers are unpaid family
workers.
Class of Worker
Class of Worker
Number of Workers
Percent
Private wage and salary workers
1,907
81.1%
Government workers
367
15.6%
Self-employed in own not
incorporated business workers
78
3.3%
Unpaid family workers
0
0.0%
Total Employed Residents
2,352
94.6%
Total Unemployed Residents
134
5.4%
Total Residents in the Workforce
2,486
100%
Source: 2023 ACS Table DP03
Occupational Characteristics
The ACS estimates that 54.6% of the Borough’s residents are employed in management, business,
science, and arts occupations. The sales and office occupations employ 392 residents, or 16.7%, of the
working population. Service occupations employs 11% or 258 residents. Natural resources, construction,
and maintenance occupations employs 230 residents or 9.8% and production, transportation, and
material moving occupations employs 187 residents and 8% of the working population.
Employed Civilian Population By Occupation (Age 16 Years or Older)
Occupation
Borough of Northvale
Bergen County
Total
Percent
Total
Percent
Management, business,
science, and arts occupations
1,285
54.6%
263,942
53.3%
Service occupations
258
11.0%
61,574
12.4%
Sales and office occupations
392
16.7%
101,185
20.4%
Natural resources,
construction, and maintenance
occupations
230
9.8%
25,740
5.2%
Production, transportation,
and material moving occupations
187
8.0%
42,480
8.6%
Total
2,352
100%
494,921
100%
Source: 2023 ACS Table DP03
15
Employment Projections
The NJTPA estimates that employment within the Borough will grow by 103 jobs by 2050. In order to
achieve this projection, Northvale would need to create 11.28 new jobs per year during the 35-year
period.
Employment Projections
Year
Jobs
Change
Percent
2015
3,617
---
---
2050
4,012
395
0.3%
Source: NJTPA Plan 2050, Appendix E; NJTAP Plan 2040, Appendix A (for 2020 data)
Employment by Professions
According to the 2023 ACS there were 2,352 persons in the labor force in the Borough of Northvale and
134 were unemployed. Educational services, and health care and social assistance made up the largest
component of the workforce with 701 persons or 29.8%. The second largest cohort is professional,
scientific, and management, and administrative and waste management services with 385 persons or
16.4%.
Employed Person by Profession
Occupation
Number of Persons
Percent
Agriculture, forestry, fishing and
hunting, and mining
5
0.2%
Construction
136
5.8%
Manufacturing
325
13.8%
Wholesale trade
137
5.8%
Retail trade
111
4.7%
Transportation and
warehousing, and utilities
64
2.7%
Information
54
2.3%
Finance and insurance, and real
estate and rental and leasing
88
3.7%
Professional, scientific, and
management, and administrative
and waste management services
385
16.4%
Educational services, and health
care and social assistance
701
29.8%
Arts, entertainment, and
recreation, and accommodation and
food services
151
6.4%
Other services, except public
administration
66
2.8%
Public administration
129
5.5%
Total
2,352
100%
Source: 2023 ACS Table DP03
16
Capacity for Fair Share
This chapter of the Fourth Round Housing Element and Fair Share Plan provides the following information
as required by the rules:
•
The Borough’s capacity to accommodate its housing needs.
•
A consideration of the lands that are most appropriate for construction of low- and moderate-
income housing and of the existing structures most appropriate for conversion to, or
rehabilitation for low- and moderate-income housing.
•
Lands of developers who have expressed a commitment to provide low- and moderate-income
housing.
•
The location and capacities of existing and proposed water and sewer lines and facilities relevant
to the proposed affordable housing sites.
Land Capacity
The ability to accommodate the Borough’s affordable housing needs is determined by three components
– available land, water capacity and sewer capacity. Land development is limited by environmental
constraints, such as wetlands, flood plains, easements (conservation, sewer, water, power utility, etc.),
parcel size and municipal regulations.
The Borough has conducted a VLA analysis that includes three affordable housing units can be realistically
constructed on the lands that are vacant and developable within the Borough. Three properties
contributed to that number, as shown in the table below.
Utility Capacity
Suez provides the Borough’s water and Bergn County Utilities Authority processes Northvale’s sewage.
Additionally, the Borough of Northvale managers its own wastewater. According to the Borough
Engineer, there are no known capacity issues with either water or sewer. However, to determine if
infrastructure upgrades are required, the Borough would need to perform a detailed study of the
affordable housing sites and their surrounding utility infrastructure. The study would need to include
sanitary sewer and water service reports for each development, the condition, size, location and existing
capacities and pressures would need to be determined.
Appropriate Locations for Affordable Housing
Land that is most appropriate for the construction of low- and moderate-income housing in the Fourth
Round includes the following approved, proposed, and anticipated projects:
1. 192 Livingston Street (Block 909, Lot 6)
2. 160 Paris Avenue (Block 910, Lot 2)
3. Light Industrial Zone (excluding Block 902, Lots 1, 2, 3, 4, and 5)
Anticipated Development Patterns
Anticipated development patterns within the Borough of Northvale are likely to follow the established
zoning map. Northvale has a variety of commercial and industrial zones as well as one professional office
zone. There are two single-family detached residential zones, a multi-family zone and two affordable
housing zones within the Borough. See the Zoning Map on the following page for details.
17
Multigenerational Family Housing Continuity
Pursuant to the Amended FHA, an analysis of the extent to which municipal ordinances and other local
factors advance or detract from the goal of preserving multigenerational family continuity as expressed in
the recommendations of the Multigenerational Family Housing Continuity Commission.
November 8, 2021, the Senate and General Assembly of the State of New Jersey adopted C.52:27D-
329.20, which established the “Multigenerational Family Housing Continuity Commission” for the
purpose of conducting research, obtaining public input, and adopting recommendations on how to most
effectively advance the goal of enhancing multigenerational family housing continuity, which can be
defined broadly as the degree to which senior citizens are able to reside at the homes of their extended
families.
The bill requires each Municipality’s Housing Plan Element to provide an analysis of the extent to which
municipal ordinances and other local factors advance or detract from the goal as described in the
recommendations of the commission.
The Borough of Northvale has a history of being committed to promoting multigenerational family
continuity and will continue to do so through the Fourth Round. Northvale has diverse housing options in
a manner consistent with the regulation and has two (2) specific zoning districts for senior housing.
Additionally, the Borough is employing a variety of approaches to accomplish this task through a variety
of housing types and affordability levels in close proximity to public transportation (such as bus stops),
18
shopping centers, and parks. The Borough has a number of senior housing options and a Borough
sponsored Senior Center.
Consistency with the State Development and Redevelopment Plan
The Fourth Round Housing Element and Fair Share Plan is consistent with the 2001 State Development
and Redevelopment Plan (SDRP) and the proposed SDRP that is currently in cross-acceptance process as
the projects will provide a realistic opportunity for the construction of affordable housing as the projects
are located in State Planning area designated as PA-1, which is the Metro Planning Area. Pursuant to the
SDRP, PA-1 is the preferred location for redevelopment for compact growth. The development of
affordable housing in PA-1 is consistent with the overall State Development and Redevelopment Plan goal
to direct redevelopment and growth into PA-1 areas as the intentions of the Metropolitan Planning Area
are to provide for much of the state’s future redevelopment promote growth in compact forms. The
Borough’s Fourth Round Plan is consistent with the 2001 SDRP.
Affordable Housing Trust Fund
The Borough of Northvale maintains an Affordable Housing Trust Fund §95-7 of the Borough’s Municipal
Code.
The Spending Plan is included in the appendix to this Housing Plan, which discusses the anticipated
revenues, collection of revenues and the use of revenues, was prepared in accordance with former
COAH’s applicable substantive rules. All collected revenue will be placed in the Borough’s Affordable
Housing Trust Fun and may be dispensed for the use of eligible affordable housing activities, but not
limited to:
•
Rehabilitation program;
•
New construction of affordable housing units and related development costs;
•
Extensions or improvements of roads and infrastructure directly serving affordable housing
development sites;
•
Acquisitions and/or improvements of land to be used for affordable housing;
•
Purchase of affordable housing units for the purpose of maintaining or implementing affordability
controls;
•
Maintenance and repair of affordable housing units;
•
Repayment of municipal bonds issued to finance low and moderate-income housing activity; and,
•
Any other activity as specified in the approved spending plan.
However, the Borough is required to fund eligible programs in a Court-approved Housing Element and
Fair Share Plan, as well as provide affordability assistance.
At least 30% of collected development fees shall be used towards affordability assistance. Affordability
assistance became a statutory requirement in Fair Housing Act and shall be used to provide affordability
assistance to low- and moderate-income households in affordable units included in a municipal Fair Share
Plan. At least one third (1/3) of the affordability assistance must be expended on very-low-income units.
Additionally, no more than 20% of the revenues collected from development fees each year, shall be
expended on administration, including, but not limited to, salaries and benefits for municipal employees
or consultant fees necessary to prepare or implement a rehabilitation program, a new construction
program, a housing element and fair share plan and/or an affirmative marketing program.
19
Monitoring
The Borough had and will continue to comply with monitoring provisions consistent with those required
by the Amended Fair Housing Act. The monitoring requires regular tracking of progress towards meeting
the affordable housing obligations and ensuring the affordable units and affordable housing trust fund
are administered properly as follows:
•
February 15th of each year- The Borough will provide an annual reporting of the status of all
affordable housing activity within the Borough through posting on the municipal website and
certifying the account on the Department of Community Affair’s portal.
20
Fair Share Plan
Content of Fair Share Plan
The Fair Share Plan contains the following information:
•
Regional income limits;
•
Description of existing credits intended to satisfy the obligation;
•
Description of proposed mechanisms that will be used to meet any outstanding obligations; and
•
An implementation schedule that sets forth a detailed timeline for units to be approved.
Regional Income Limits
Dwelling units are affordable to low- and moderate-income households if the maximum sales price or
rental cost is within their ability to pay such costs, based on a specific formula. COAH historically
provided income limits based upon the median gross household income of the affordable housing region
in which the household is located. A moderate-income household is one with a gross household income
equal to or more than 50% but less than 80% of the median gross regional household income. A low-
income household is one with a gross household income equal to 50% or less of the median gross
regional household income. Very-low-income households are those with a gross household income equal
to 30% or less of the median gross household income. Northvale is located in Region 1, which contains
Bergen, Hudson, Passaic, and Sussex County.
Using the 2024 regional income limits, a four-person household moderate-income is capped at $96,329.
Two-person households could make up to $77,064 and be considered a moderate-income household or
make up to $48,165 and be considered a low-income household. See the table below for greater detail.
2024 Regional Income Limits for Region 1
Income
Household Size
1 Person
2 Person
3 Person
4 Person
Median
$84,288
$96,329
$108,371
$120,412
Moderate
$67,431
$77,064
$86,697
$96,329
Low
$42,144
$48,165
$54,185
$60,206
Very Low
$25,286
$28,899
$32,511
$36,124
Source: https://ahpnj.org/member_docs/Income_Limits_2024_FINAL.pdf
Prior and Third Round Compliance
On September 6, 1995, Northvale was granted Substantive Certification for the Second Round via
Resolution #11-99. COAH issued a Compliance Report on August 16, 1995 that lead to Substantive
Certification. The Compliance Report indicates that the Borough received a VLA, which resulted in an RDP
of zero and an unmet Need of 86. However, FSHC and the Borough of Northvale have agreed via the
Settlement Agreement that the Borough may address 27 units of the Prior Round Need as RDP eligible for
bonuses.
The Borough of Northvale adopted a Housing Element and Fair Share Plan on August 7, 2019 and
endorsed by Mayor and Council on August 14, 2019. Fair Share Housing was researching the history of
the Northvale Greens aka Paris Square aka Rio Vista Greens. As of 2025, FSHC never contacted the
21
Borough and a final compliance hearing never occurred. The Borough never received their Third Round
Judgment of Compliance and Repose.
For the Third Round, Northvale was granted a VLA which determined the RDP to be three.
Third Round Rehabilitation Obligation
The 2019 Housing Element and Fair Share Plan stated it would address its 5-unit Third Round
Rehabilitation Obligation. The Borough utilized credits from the Northvale Senior Residence to address
the entire 5-unit obligation.
Fourth Round Compliance Status
Northvale’s Fair Share Plan describes the various projects and strategies the Borough proposes to address
its affordable housing obligations. There are four components – the Borough’s Present Need
(Rehabilitation) Obligation, Prior Round Obligation, Third Round Obligation and Fourth Round Prospective
Need Obligation.
Affordable Housing Obligations
This Fourth Round Housing Element and Fair Share Plan addresses the following affordable housing
obligations:
Present Need (Rehabilitation Obligation): 8
Prior Round Obligation (1987-1999): 86, RDP 36
Third Round Obligation (1999-2025): 196, RDP 3
Fourth Round Prospective Need Obligation (2025-2035): 105, RDP 10
Addressing The Present Need
The Borough plans to meet its eight (8) unit Present Need obligation through participating in the Bergen
County Home Improvement Program. In addition, the Borough intends to begin a supplemental
municipally operated rehabilitation program that shall be available to rental units. Said municipal
program shall meet the requirements in N.J.A.C. 5:93-5.2. and utilize funds from the Affordable Housing
Trust Fund.
Addressing The Prior Round Obligation and The Third Round Obligation
Pursuant to N.J.A.C. 5:93-5.3 (new construction) and N.J.A.C. 5:93-5.14 (age-restricted) Northvale Senior
residence was eligible for 29 credits which were distributed across the Third Round Rehabilitation, Prior
Round, and Third Round Obligation as follows:
-
5 senior credits applied to the Rehabilitation Obligation;
-
Two non age-restricted (veteran) credits were applied to the Prior Round RDP;
-
One non age-restricted (veteran) credits were applied to the Prior Round Unmet Need;
-
Three non age-restricted (veteran) credits were applied to the Third Round RDP; and
-
18 senior credits were applied to the Third Round Unmet Need.
The Borough has an unmet need of 37 units from the Prior Round and 171-unit unmet need from the
Third Round. Therefore, the Borough’s total unmet need is 208 units.
22
Addressing The Fourth Round Prospective Need Obligation
The Borough will address its Fourth Round Prospective Need Obligation of one hundred and five (105)
through the utilization of a Vacant Land Adjustment. The Borough has previously received a VLA and the
development since the last adopted HEFSP has remained consistent. Therefore, the previous RDP of 3
units is still relevant for the Fourth Round. The Vacant Land Adjustment utilized for this round can be
found in the Appendix. Additionally, the following developments shall be applied to the Fourth Round
resulting in an RDP of 10 units total.
Seven (7) Affordable Units From Approved Applications
A. 192 Livingston Street (Block 909, Lot 6): The Planning Board approved the plan to construct a
total of ten (10) multi-family units on the subject lot. The application was inclusive of two (2)
affordable units.
B. 160 Paris Avenue (Block 910, Lot 2): The Planning Board approved the plan to construct a multi-
family residential building consisting of thirty-one (31) units. Five (5) of the units would be
affordable units.
Unmet Need
Subtracting 7 from the Prospective Need of 105 units results in an unmet need of 98 units. The unmet
need of 98 units shall be added to the existing 208 units that were not in addressed. Therefore, the
Borough has an unmet need of 306 units total for all rounds.
Unmet Need Mechanisms
The Third Round HEFSP had two mechanisms to satisfy a portion of the Prior and Third Round Unmet
Need, the Borough proposes to continue the use of these mechanisms for satisfying the Unmet Need.:
155 Veterans Drive
Known has Block 1011, Lot 5 on the Borough Tax Map, 155 Veterans Drive is owned by the borough. A
one-story building occupies the site, which was previously a VFW post. The VFW has vacated the building
and the property has reverted to the Borough. The lot is 100 feet wide and 300 feet long and has
frontage on both Veterans Drive and Walnut Street. The surrounding uses include residential and office
uses to the north and south, industrial uses to the eats, across Veterans Drive, and a storage/warehouse
use to the west, across Walnut Street.
In an effort to assist with the construction of this development, Northvale has reserved a portion of its
Affordable Housing Trust Fund for soft costs (permit and building fees, board escrows, etc.) and a portion
of its Trust Fund for the creation of a very low income unit if the project is rental.
Pursuant to N.J.A.C. 5:93-1 a municipality is required to prove any potential sites meet the four prong test
as approvable, available, developable, and suitable.
•
Approvable – The property will be rezoned to permit six affordable units.
•
Available – The property is owned by the Borough and there are no known title issues. A 15-foot
wide drainage easements runs along the southern property line.
•
Developable – The property is located in water and sewer service areas.
23
•
Suitable – The property is adjacent to the Youth Consultation Services group home and a
commercial establishment to the north. Industrial uses are located to the east, south and west of
the property. Additionally, a single-family dwelling is located to the south of the property along
Walnut Street. Approximately 732 square feet of the property is within the Special Flood Hazard
Area (SFHA). This area I located along the property’s frontage on Veterans Drive.
Mandatory Set Aside Ordinance
Light Industrial Zone Overlay
The Borough adopted a mandatory set-aside ordinance within the Light Industrial (LI) Zone. The LI Zone is
located in the northeast and southeast corners of the Borough, separated by the Adult Housing Zone
located on the north side of Paris Avenue. Additionally, two isolated LI Zone areas are located to the west
of the larger LI Zones. Permitted principal uses in the LI Zone include research laboratories, business,
industrial or governmental offices, publishing houses or printing firms, certain manufacturing uses,
wholesale distribution centers, warehouse and auto-body shops.
The Borough adopted an overlay zone over the entire Light Industry Zone (exclusive of Lots 1 through 5
on Block 902). The overlay zone permits inclusionary residential development at a density of 14 units per
acre. A 15% affordable housing set-aside is required when the affordable units are rental and a 20%
affordable housing set-aside is required when the affordable units are for-sale. The overlay zone limits
building height to three stories.
The Borough proposes to continue the use of these mechanisms to satisfy the unmet need from the Prior,
Third, and Fourth Rounds.
24
Appendix
1. Vacant Land Adjustment
2. Maps
3. Affirmative Marketing Plan
4. Draft Spending Plan
5. Court Documents
25
Vacant Land Adjustment
N.J.A.C. 5:93-4.2 provides a mechanism for a municipality to adjust its affordable housing obligations
based on a lack of vacant, available, suitable, developable, and approvable land. To demonstrate a lack of
capacity to address the Borough’s municipal housing obligation, all vacant parcels in the municipality
were analyzed to determine the development potential of each property, and the sum of potential units
is compared to the prospective need obligation in the foregoing analysis. If there is insufficient vacant
land within the municipality to meet the obligation for new affordable units, the total prospective need
obligation is adjusted accordingly.
Methodology
An analysis of existing land uses and zoning the Borough was conducted to determine the Realistic
Development Potential (RDP), and an estimate of potential inclusionary affordable units was derived from
the RDP assuming a 20% affordable set-aside. Using data from the State of New Jersey Tax Assessment
Records and New Jersey environmental GIS records of all properties within the Borough were examined
to determine if they were vacant and developable. Properties reserved for public use, open space, listed
on the NJ ROSI, and those that were occupied by water bodies, steep slopes, wetlands, critical habitats,
and within a riparian buffer were removed as candidates for development. The remaining properties
were then tested to determine their ability to accommodate a minimum of five (5) units. Public and non-
profit owned properties of sufficient size to accommodate potential inclusionary development were also
included as vacant and potentially developable in the analysis. All properties with sufficient buildable
area to accommodate five (5) or more units were included in the determination of the RDP.
Underlying Assumptions for Realistic Development Potential
Inclusionary Development
N.J.A.C. 5:93-4.2(f) specifies that the RDP is based on an inclusionary zoning framework and available land
is not assumed to be developed as 100% affordable housing. The minimum presumptive set aside for
affordable housing is 20%, or one in five units. As such, suitable development sites for inclusionary
development must have the capacity to provide a minimum of five units.
Density and Minimum Project Size
According to the Second Round Rules, it is important to “consider the character of the area surrounding
each site” when crafting assumptions underlying the intensity of residential development. As such, the
maximum density for each assemblage was determined as follows:
•
The permitted density of each parcel pursuant to the Borough’s Zoning Ordinance;
•
Minimum presumptive density of six units per acre as required by the Second Round Rules where
permitted density is below six units per acre;
•
Surrounding land uses;
•
The need for affordable housing; and
•
Density count of approved projects by the Planning or Zoning Board.
26
Step 1 – Classification of Vacant Land
All properties with a tax class 1 (Vacant) and vacant properties with tax class 15C (Public) have been
included in the appendix.
Step 2 - Site Analysis
The sites were mapped using GIS and overlaid with Critical Habitat, Steep Slopes, Flood Hazard, Open
Space, Wetlands, and Waterbodies. Any properties impacted by these environmental constraints have
been noted in the table above and were not considered for potential development.
The Second Round Rules established by the Council of Affordable Housing in N.J.A.C. 5:93 required
development potential to consider principles of sound land use planning in regard to density, and that the
minimum presumptive density be 6 du/ac. In conformance with this requirement, the analysis used
existing zoning densities to determine the number of units per acre that could be constructed. In cases
where permitted density under the zoning ordinance did not meet the minimum presumptive density,
the development potential was calculated at 6 units per acre. The acreage of the assemblages created
were multiplied by the permitted number of units per acre to determine the property yield.
Step 3 – Determining Yield for Property
Upon reviewing the Vacant Land table and applying all of the layers which constitute an ineligible lot, the
Borough was left with three (3) remaining lots.
Vacant Land Adjustment: Developable Lots
Block
Lot
Address
Current
Zoning
Total Acres
Developable Acres
Density
RDP
202
2
Rear Susan
Ct
R-7.5
1.08
0.74
6 d/u
1
601
8
234
Livingston
Street
C-2
0.75
0.75
6 d/u
1
1009
13
147 Walnut
Street
R-7.5
0.69
0.69
6 d/u
1
Fourth Round RDP
3
Vacant Parcels with Environmental Constraints
The following maps illustrate the application of the above methodology to all parcels in the Borough to
identify potentially developable vacant sites based on size and yield.
27
Maps
Norwood Borough
Bergen County
Rockleigh Borough
Bergen County
Old Tappan Borough
Bergen County
Old Tappan Rd
Rockland County
New York State
106
501
108
39
39
501
106
108
505
106
505
110
39
505
39
108
110
Paris Ave
Tappan Rd
Livingston St
Bradley Ave
Union St
Central Ave
Old Tappan Rd
Veterans Dr
Clinton Ave
Piermont Rd
Wildwood Rd
Briarwood Ln
Walnut St
Wildwood Rd W
Glanz Ave
Legrand Ave
Semino Rd
Parker Pl
Paulding Ave
Foxwood Sq
Sanial Ave
Williams Ave
Rivervale Ave
Paris Ave
Livingston St
Tappan Rd
8
303
340
Main St
Tappan Rd
Sparkill Creek
FW2-NT
Spark
ill
C
re
ek
Spar
k
ill
Bro
ok
Hacke
ns
ack
Rive
r tribu
tary
Dor
otoc
keys
Run tri
butary
Sp
arki
ll Broo
k
Sparkill
Brook
FW2-NT
FW2-NT
C1
FW2-NTC1
FW2-NT
FW2-NT
FW2-NTC1
Cooper Pond
Figure 1
Wetlands and Streams
Vacant Land Analysis
Borough of Northvale
Bergen County, NJ
0
800
1,600
400
Feet
Date: January 2025
Drawn By: A.B.B.
Checked By:
Revised:
Data Source: NJ Office of GIS, NJDEP, Land Use Land Cover 2020
Disclaimer: This map and all data contained within are supplied as is with no warranty. Neglia
Group expressly disclaims responsibility for damages or liability that may arise
from the use or misuse of this map. The data depicted here has been developed only for specific
purposes needed in the conduct of business. It is the sole responsibility of the user to determine
if the data on this map meets the user's needs. This map was not created as survey data, nor
should it be used as such. It is the user's responsibility to obtain proper survey data, prepared
by a New Jersey licensed surveyor, where required by New Jersey Law.
Legend
Northvale Parcels
Streams
Wetlands (2020 Land Use Land Cover)
Wetlands 150ft Buffer
- FW 2 describing freshwater waterways
classified as having the ability to support trout.
- NT describing these particular waterways as “Non-Trout”.
- C1 describing that the waterway is protected from any
changes to the water quality
Norwood Borough
Bergen County
Rockleigh Borough
Bergen County
Old Tappan Borough
Bergen County
Old Tappan Rd
Rockland County
New York State
106
501
108
39
39
501
106
108
505
106
505
110
39
505
39
108
110
Paris Ave
Tappan Rd
Livingston St
Bradley Ave
Union St
Central Ave
Old Tappan Rd
Veterans Dr
Clinton Ave
Piermont Rd
Wildwood Rd
Briarwood Ln
Walnut St
Wildwood Rd W
Glanz Ave
Legrand Ave
Semino Rd
Parker Pl
Paulding Ave
Foxwood Sq
Sanial Ave
Williams Ave
Rivervale Ave
Paris Ave
Livingston St
Tappan Rd
8
303
340
Main St
Tappan Rd
Sparkill Creek
Spark
ill
C
re
ek
Spar
k
ill
Bro
ok
Hacke
ns
ack
Rive
r tribu
tary
Dor
otoc
keys
Run tri
butary
Sp
arki
ll Broo
k
Sparkill
Brook
Cooper Pond
Figure 2
FEMA Flood Hazard Areas
Vacant Land Analysis
Borough of Northvale
Bergen County, NJ
0
800
1,600
400
Feet
Date: January 2025
Drawn By: A.B.B.
Checked By:
Revised:
Data Source: NJ Office of GIS, NJDEP, FEMA NFHL Bergen County 08/2019
Disclaimer: This map and all data contained within are supplied as is with no warranty. Neglia
Group expressly disclaims responsibility for damages or liability that may arise
from the use or misuse of this map. The data depicted here has been developed only for specific
purposes needed in the conduct of business. It is the sole responsibility of the user to determine
if the data on this map meets the user's needs. This map was not created as survey data, nor
should it be used as such. It is the user's responsibility to obtain proper survey data, prepared
by a New Jersey licensed surveyor, where required by New Jersey Law.
Legend
Zone AE Special Flood Hazard Area, Floodway
Zone AE Special Flood Hazard Area
Zone A Special Flood Hazard Area
Zone X, 0.2% Annual Chance Flood Hazard
Zone X, Area of Minimal Flood Hazard
DCA Land Capacity Analysis
Norwood Borough
Bergen County
Rockleigh Borough
Bergen County
Old Tappan Borough
Bergen County
Old Tappan Rd
Rockland County
New York State
106
501
108
39
39
501
106
108
505
106
505
110
39
505
39
108
110
Paris Ave
Tappan Rd
Livingston St
Bradley Ave
Union St
Central Ave
Old Tappan Rd
Veterans Dr
Clinton Ave
Piermont Rd
Wildwood Rd
Briarwood Ln
Walnut St
Wildwood Rd W
Glanz Ave
Legrand Ave
Semino Rd
Parker Pl
Paulding Ave
Foxwood Sq
Sanial Ave
Williams Ave
Rivervale Ave
Paris Ave
Livingston St
Tappan Rd
8
303
340
Main St
Tappan Rd
Sparkill Creek
Spark
ill
C
re
ek
Spar
k
ill
Bro
ok
Hacke
ns
ack
Rive
r tribu
tary
Dor
otoc
keys
Run tri
butary
Sp
arki
ll Broo
k
Sparkill
Brook
UR
DuuA
DuuC
WeuC
UdwuB
DuuB
WeuD
AdrAt
DuuD
UdwB
PbuA
WeuB
PrnAt
WemD
DuoB
WemC
Cooper Pond
Figure 3
Soil Types and Steep Slopes
Vacant Land Analysis
Borough of Northvale
Bergen County, NJ
0
800
1,600
400
Feet
Date: January 2025
Drawn By: A.B.B.
Checked By:
Revised:
Data Source: NJ Office of GIS, NJDEP, NCRS Web Soil Survey 10/2024
Disclaimer: This map and all data contained within are supplied as is with no warranty. Neglia
Group expressly disclaims responsibility for damages or liability that may arise
from the use or misuse of this map. The data depicted here has been developed only for specific
purposes needed in the conduct of business. It is the sole responsibility of the user to determine
if the data on this map meets the user's needs. This map was not created as survey data, nor
should it be used as such. It is the user's responsibility to obtain proper survey data, prepared
by a New Jersey licensed surveyor, where required by New Jersey Law.
Legend
Slope
0-2%
0-3%
0-8%
3-8%
8-15%
15-25%
N/A
There are no landslide types within the Borough of Northvale.
Norwood Borough
Bergen County
Rockleigh Borough
Bergen County
Old Tappan Borough
Bergen County
Old Tappan Rd
Rockland County
New York State
106
501
108
39
39
501
106
108
505
106
505
110
39
505
39
108
110
Paris Ave
Tappan Rd
Livingston St
Bradley Ave
Union St
Central Ave
Old Tappan Rd
Veterans Dr
Clinton Ave
Piermont Rd
Wildwood Rd
Briarwood Ln
Walnut St
Wildwood Rd W
Glanz Ave
Legrand Ave
Semino Rd
Parker Pl
Paulding Ave
Foxwood Sq
Sanial Ave
Williams Ave
Rivervale Ave
Paris Ave
Livingston St
Tappan Rd
8
303
340
Main St
Tappan Rd
Sparkill Creek
Spark
ill
C
re
ek
Spar
k
ill
Bro
ok
Hacke
ns
ack
Rive
r tribu
tary
Dor
otoc
keys
Run tri
butary
Sp
arki
ll Broo
k
Sparkill
Brook
Cooper Pond
Figure 4
Property Classes
Vacant Land Analysis
Borough of Northvale
Bergen County, NJ
0
800
1,600
400
Feet
Date: January 2025
Drawn By: A.B.B.
Checked By:
Revised:
Data Source: NJ Office of GIS, NJDEP, MODIV: 12/19/2024
Disclaimer: This map and all data contained within are supplied as is with no warranty. Neglia
Group expressly disclaims responsibility for damages or liability that may arise
from the use or misuse of this map. The data depicted here has been developed only for specific
purposes needed in the conduct of business. It is the sole responsibility of the user to determine
if the data on this map meets the user's needs. This map was not created as survey data, nor
should it be used as such. It is the user's responsibility to obtain proper survey data, prepared
by a New Jersey licensed surveyor, where required by New Jersey Law.
Legend
1
2
4A
4B
5A
15A
15C
15D
15F
Norwood Borough
Bergen County
Rockleigh Borough
Bergen County
Old Tappan Borough
Bergen County
Old Tappan Rd
Rockland County
New York State
106
501
108
39
39
501
106
108
505
106
505
110
39
505
39
108
110
Paris Ave
Tappan Rd
Livingston St
Bradley Ave
Union St
Central Ave
Old Tappan Rd
Veterans Dr
Clinton Ave
Piermont Rd
Wildwood Rd
Briarwood Ln
Walnut St
Wildwood Rd W
Glanz Ave
Legrand Ave
Semino Rd
Parker Pl
Paulding Ave
Foxwood Sq
Sanial Ave
Williams Ave
Rivervale Ave
Paris Ave
Livingston St
Tappan Rd
8
303
340
Main St
Tappan Rd
Sparkill Creek
Spark
ill
C
re
ek
Spar
k
ill
Bro
ok
Hacke
ns
ack
Rive
r tribu
tary
Dor
otoc
keys
Run tri
butary
Sp
arki
ll Broo
k
Sparkill
Brook
Cooper Pond
Figure 5
Preserved Lands, Parks and
Open Space
Vacant Land Analysis
Borough of Northvale
Bergen County, NJ
0
800
1,600
400
Feet
Date: January 2025
Drawn By: A.B.B.
Checked By:
Revised:
Data Source: NJ Office of GIS, NJDEP, 2020 Land Use Land Cover, Green Acres Open Space
Disclaimer: This map and all data contained within are supplied as is with no warranty. Neglia
Group expressly disclaims responsibility for damages or liability that may arise
from the use or misuse of this map. The data depicted here has been developed only for specific
purposes needed in the conduct of business. It is the sole responsibility of the user to determine
if the data on this map meets the user's needs. This map was not created as survey data, nor
should it be used as such. It is the user's responsibility to obtain proper survey data, prepared
by a New Jersey licensed surveyor, where required by New Jersey Law.
Legend
Open Space & Preserved Land
Parks
33
Affirmative Marketing Plan
Each municipality is required to establish and maintain an Affirmative Marketing Plan which is maintained
in accordance with N.J.A.C. 5:80-26. The Affirmative Marketing Plan applies to all developments that
contain low and moderate-income units. The Affirmative Marketing Plan is a regional marketing strategy
design to attract buyers and/or renters of all majority and minority groups, regardless of race, creed,
color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation,
disability, age or number of children to housing units which are being marketed by a developer/sponsor,
municipality and/or designated administrative agency of affordable housing.
The affirmative marketing program is a continuing program and will meet the following requirements:
•
The affirmative marketing process for available affordable units shall begin at least four (4)
months prior to excepted occupancy. Advertising and outreach shall take place during the first
week of the marketing program and each month thereafter until all available units have been
leased or sold.
•
One advertisement will be published in the following newspaper(s) of general circulation within
the housing region: The Record
•
The advertisement will include the following:
o The location of the units;
o Directions to the housing units;
o A range of prices for the housing units;
o The size, as measured in bedrooms, of the housing units;
o The maximum income permitted to qualify for the housing units;
o The business hours when interested households may obtain an application for a housing
unit; and;
o Application fees, if any.
•
Signs, posters or brochures of available affordable housing units or affordable housing programs
should be displayed at all municipal buildings as well as libraries, and developer’s sales offices.
The Affirmative Marketing Program should reach out to local religious groups and civic organizations that
are likely to apply, or help members apply for housing. This should include sending quarterly flyers and, or
applications for circulation.
Developers of affordable housing should be required to aid in the marketing of the affordable units in
their prospective development.
The program should actively continue for as long as low and moderate-income units are initially available
and continue when occupancy or re-occupancy becomes necessary.
34
Draft Spending Plan
Introduction
A development fee ordinance creating a dedicated revenue source for affordable housing following state
guidelines. The ordinance established a fee of 1.5% of equalized assessed value for new residential
construction and 2.5% for new commercial construction. Please see below per the ordinance:
Residential Development Fees
all residential developers shall pay a mandatory development fee equal to 1.5% of the equalized assessed
value for each residential unit constructed, provided that no increased density (above what is permitted as
of right by the existing zoning) is permitted. This mandatory fee shall be calculated as follows: 0.015 x
equalized assessed value x number of units.
Nonresidential Development Fee
involving new construction on unimproved lot or lots, the fee shall be based on the equalized assessed
value of the land and improvements. If an existing structure is demolished and replaced, the development
fee of 2.5% shall be calculated on the difference between the equalized assessed value of the land and
preexisting improvements thereon and the equalized value of the newly constructed structure and the
land. Such calculation being made at the time the final certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the nonresidential development fee shall be zero.
The ordinance established the Borough of Northvale Affordable Housing Trust Fund. All development
fees, payments in lieu of constructing affordable units on site, funds from the sale of units with
extinguished controls, and interest generated by affordable housing fees are deposited in a separate
interest-bearing affordable housing trust fund account for the purposes of affordable housing. Borough
of Northvale has prepared this Spending Plan to guide the allocation of funds within the Borough of
Northvale Housing Trust Fund.
As of December 31, 2024, the Borough of Northvale has as indicated in the Table 1 below the funds in its
Affordable Housing Trust Fund.
1. Revenues
As of December 31, 2024, Northvale Borough has collected $ 732,518.87. All development fees,
payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished
controls, and interest generated by the fees are deposited in a separate interest-bearing affordable
housing trust fund in Valley Bank for the purposes of affordable housing. These funds shall be spent in
accordance with N.J.A.C. 5:97-8.7-8.9, as described in the sections that follow.
To calculate a projection of revenue anticipated during the period of fourth round, the Borough of
Northvale considered the following:
1) Development fees:
a. Residential and nonresidential projects which have had development fees imposed upon
them at the time of preliminary or final development approvals;
b. All projects currently before the planning and zoning boards for development approvals
that may apply for building permits and certificates of occupancy; and
c. Future development that is likely to occur based on historical rates of development.
35
2) Payment in lieu (PIL): Actual and committed payments in lieu (PIL) of construction from
developers as follows:
3) Other funding sources:
a. Funds from other sources, including, but not limited to, the sale of units with
extinguished controls, repayment of affordable housing program loans, rental income,
and proceeds from the sale of affordable units.
4) Projected interest:
a. Interest on the projected revenue in the municipal affordable housing trust fund at the
current average interest rate.
Projected Revenue
Source of
Funds
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
Total
Developmen
t Fees –
Projected
Developmen
t
0
6,000.00
0
0
0
0
0
0
0
0
0
6,000.00
Payments in
Lieu of
Construction
0
0
0
0
0
0
0
0
0
0
0
0
Other Funds
100,000.00
0
0
0
0
0
0
0
0
0
0
0
Interest
2,159.49
2,159.49
2,159.49
2,159.49
2,159.
49
2,159.
49
2,159.
49
2,159.
49
2,159.
49
2,159.
49
2,159.
49
23,754.39
Total
732,518.87
740,678.36
742,837.85
744,997.3
4
747,15
6.83
749,31
6.32
751,47
5.81
753,63
5.30
755,79
4.79
757,95
4.28
760,11
3.77
762,273.26
*This table represents a rough estimate
The Borough of Northvale projects revenue of $100,000.00 in 2025 and $6,000.00 in 2026. The Borough
of Northvale’s trust fund balance has total deposits of $ 762,273.26 available to fund and administer its
affordable housing plan. All interest earned on the account shall be used only for the purposes of
affordable housing.
2. Collection and Distribution of Funds
The following procedural sequence for the collection and distribution of development fee revenues shall
be followed by the Borough of Northvale.
1) Collection of development fee revenues:
Collection of development fee revenues shall be consistent with Borough’s development fee
ordinance for both residential and non-residential developments in accordance with the
Department’s rules and P.L. 2008, C.46, sections 8 (C. 52:27D-329.2) and 32-38 (C. 40:55D-8.1
through 8.7).
2) Distribution of development fee revenues:
Distribution of development fee revenues: Northvale Borough will distribute funds with the
oversight of the Borough Council. The Council will work with the Borough Administrator and the
Municipal Housing Liaison to manage the projects outlined in this spending plan.
36
3. Expenditures
Northvale proposes to use the monies in its Affordable Housing Trust Fund for the following purposes:
1) Rehabilitation and new construction programs and projects (N.J.A.C. 5:97-8.7) Borough
Rehabilitation Program: The Borough’s efforts to meet its present need include a municipally
sponsored local rehabilitation program and participation in the County’s rehabilitation program.
This is sufficient to satisfy the Borough’s present need obligation of eight (8) units.
2) Administrative Expenses (N.J.A.C. 5:97-8.9)
Administrative Expenses (N.J.A.C. 5:97-8.9) Northvale Borough will dedicate no more than twenty
percent (20%) of revenue from the affordable housing trust fund to be used for administrative
purposes. The current budget for administrative expenses is $152,454.65 subject to the twenty
percent (20%) cap are as follows:
•
Legal fees associated with affordable housing administration;
•
Planning fees for any necessary updates and/or revision to the Housing Element and Fair
Share Plan; and
•
Other expenses associated with the development and implementation of the Housing and
Fair Share Plan and the monitoring of current and future affordable housing programs within
Northvale Borough.
Actual Development Fees and
Interest thru May 2025
$732,518.87
Projected Development Fees and
Interest thru 2035
+
$106,000.00
Payments in lieu of construction
+
$0.00
Less RCA expenditures thru
5/21/2025
-
$0.00
Total
=
$762,273.26
Calculate twenty percent (20%)
X .20
$152,454.65
Less admin expenditures thru
Dec 2035
-
$0.00
Projected Maximum available for
administrative expenses Thru
December 2035
=
$152,454.65
4. Planned Expenditures
Borough of Northvale intends to use affordable housing trust fund revenues for the creation and/or
rehabilitation of housing units and to assist residents through affordability assistance programs.
The Borough of Northvale has engaged the services of affordable housing consultants to scope the best
fit housing solutions that would include the rehabilitation of existing units, construction of new units
either as a Borough initiative or in the context of significant redevelopment project and per the as
Northvale Borough Housing Ordinance.
37
5. Excess or Shortfall of Funds
Implementation of the affordable housing program in the Spending Plan will satisfy Northvale’s current
affordable housing obligation. In the event of excess funds, any remaining funds above the amount
necessary to satisfy the municipal affordable housing obligation will be used for a future round of
municipal affordable housing obligation and additional affordability assistance funding. In the event of a
shortfall of funds, the Borough would use municipal funds through bonding. It shall be noted that the
affordability assistance funding would be allocated to security deposit assistance, rental assistance, and
emergency repair assistance associated with the five accessory apartment units proposed.
4. Barrier Free Escrow
Collection and distribution of barrier free funds shall be consistent with Borough of Northvale’s
Affordable Housing Ordinance, in accordance with N.J.A.C. 5:97-8.5.
Summary
Borough of Northvale intends to spend affordable housing trust fund revenues pursuant to N.J.A.C. 5:97-
8.7 through 8.9 and consistent with the housing programs outlined in the Housing Plan Element.
As of December 31, 2024, the Borough of Northvale has a balance of $732,518.87 The Borough of
Northvale will apply the balance per the guidance and recommendations of affordable housing
stakeholders.
38
Court Documents
BER-L-000365-25
05/19/2025
Pg1of5
Trans ID: LCV20251431683
Gregg A. Padovano, J.S.C.
Superior Court of New Jersey
Bergen County Justice Center
10 Main Street, Courtroom 359
Hackensack, New Jersey 07601
Prepared by the court:
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION - BERGEN COUNTY
DOCKET NO. BER-L-365-25
IN
THE
MATTER
OF
THE
APPLICATION OF THE BOROUGH
OF
NORTHVALE,
COUNTY
OF
BERGEN, STATE OF NEW JERSEY
FILED
MAY 19 2025
'iefS66A.p/eovA^j.ao.
Civil Action
Mt. Laurel Program
DECISION AND ORDER FIXING
MUNICIPAL OBLIGATIONS FOR
“PRESENT NEED” AND “PROSPECTIVE
NEED” FOR THE FOURTH ROUND
HOUSING CYCLE
THIS MATTER, having come before the Court on referral from and recommendation
issued by the Affordable Housing Dispute Resolution Program (“Program”), pursuant to the
Complaint for Declaratory Judgment filed on Januaiy 16,2025 (“DJ Complaint”) by the Petitioner,
Borough ofNorthvale, New Jersey (“Petitioner” or “Municipality”), pursuant to N.J.S.A. 52:27D-
304.2, -304.3, and -304.1(f)(1)(c) of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301, et
scq. (collectively, the “FHA”), and in accordance with Section II.A of Administrative Directive
#14-24 (“Directive #14-24”) of the “Program”, seeking a certification of compliance with the
FHA; and
IT APPEARING
that,
the
Municipality
timely
adopted
Resolution
2025-47
on
Januaiy 15,2025, seeking deviation from the "present need” and “prospective need” calculations
allocated to it by the New Jersey Department of Community Affairs (“DCA”^ in its report dated
October 18, 2024 entitled Affordable Housing Obligations for 2025-2035 (Fourth Round! (the
Page 1 of5
BER-L-000365-25
05/19/2025
Pg2of5
Trans ID: LCV20251431683
the Municipality planners’ recommendation for
“DCA’s Fourth Round Report”), and based
8 affordable housing units for “present need” and 99 units for a “prospective need
affordable
on
housing obligation for the Fourth Round housing cycle; and
IT APPEARING that, a challenge to the Municipality’s calculations was timely filed by
the New Jersey Builders Association (“NJBA” or “Challenger”) by and through its counsel,
wherein NJBA disputed the Municipality’s proposed obligation for prospective need, and
supported DCA’s present and prospective need obligations, with an expert report of J. Creigh
Rahenkamp, PP of Creigh Rahenkamp & Associates, LLC; and
IT APPEARING that, pursuant to the Program, the Administrative Office of the Courts
(“AOC”) appointed and assigned the case to Program member, the Hon. Thomas Brogan, J.S.C.,
PJ.Cv. (Ret.) fTrogram Member”) to manage the proceedings, host settlement conferences, and
make recommendations to the Court in accordance with the FHA and the AOC’s Directive #14-
24 (“Directive #14-24”): and
IT APPEARING that, on March 31, 2025, a settlement conference was conducted on
notice to all parties with the participation of local officials, town planner, and attorneys for the
Municipality and an attorney for the NJBA, and at which the parties engaged in extensive
settlement negotiations, with the guidance and assistance of the Program Member and the Special
Adjudicator; and
IT APPEARING that, as a result of the settlement conference the Municipality and NJBA
reached a resolution (“Settlement”); the Settlement was placed on the record; and
Page 2 of 5
BER-L-000365-25
05/19/2025
Pg3of5
Trans ID: LCV20251431683
THE COURT having received the Program Member’s report dated April 7, 2025, since
posted to the eCourts jacket for this matter at Trans. ID: LCV20251062561 the findings, terms,
and recommendations ofwhich are incorporated by reference as though more fully set forth herein
(the “Report”); and
THE COURT, having been advised that the Program Member has recommended
acceptance of the Settlement as reasonable and in furtherance of the interests oflow- and moderate-
households in the Municipality and that the Program Member further recommends that the
Court adopt the findings and recommendations set forth in the Report and enter an Order
implementing the terms of Settlement and thereby fix the “present need” and “prospective need”
obligations of the Municipality for the Fourth Round housing cycle; and
THE COURT, having reviewed and considered the Program Member’s Report and
recommendations, having been satisfied that an arm’s length Settlement was reached and entered
into by and between the parties that is fair and equitable
as well as in the best interests of the
protected class of low- and moderate-income households in the Municipality, and for good and
sufficient cause having otherwise been shown:
IT IS ON THIS THIS 19'’* DAY OF MAY 2025
ORDERED that the Program Member’s Report and Recommendations for approval of the
Settlement, be, and the same hereby ACCEPTED and ADOPTED in their entirety; and to that
end, more specifically, it is further
income
Page 3 of 5
BER-L-000365-25
05/19/2025
Pg4of5
Trans ID: LCV20251431683
ORDERED, as follows:
That the “present need” obligation of the Municipality, be, and hereby is fixed as
8 affordable units for the Fourth Round housing cycle.
That the "prospective need” obligation of the Municipality, be, and hereby is fixed
as 105 affordable units for the Fourth Round Housing cycle; and
That the Petitioner is hereby authorized to proceed to the compliance phase with
preparation and adoption of its proposed Housing Element and Fair Share Plan for the Fourth
Round, incorporating therein the “present need” and “prospective need” allocations aforesaid (and
which plan shall include the elements set forth in the “Addendum” attached to Directive #14-24),
by or before June 30,2025, as provided for and in accordance with Section III.A of Directive #14-
24, and without further delay; and
That any and all “challenges” to the Petitioner’s Housing Element and Fair Share
Plan as adopted by Paragraph
3 above must be
filed by August
31, 2025, by way of
Answer/Objection filed in the eCourts case jacket for this matter, and as provided for and in
accordance with Section III.B ofAOC Directive #14-24; and it is further
ORDERED, that a copy of this Order shall be deemed served on the Petitioner, Petitioner’s
counsel, and Challenger NJBA’s counsel upon its posting by the Court to the eCourts case jacket
for this matter pursuant to R^ l:5-l(a) and R. 1:32-2A.
1.
2.
3.
4.
^y0EGGK. PADOVANO, J.S.C.
Designated Mt. Laurel Judge - Bergen Vicinage
Page 4 of 5
BER-L-000365-25
05/19/2025
Pg5of5
Trans ID: LCV20251431683
pC)
Challenged.
R. l:7-4(a): Having reviewed and considered the Program Member’s Report and
Recommendations as well as the terms of Settlement placed on the record by the
parties before the Program Member on March 31, 2025, the Court is satisfied that
an arm’s length Settlement was reached and entered into by and between the parties,
and that the terms of the Settlement attained are fair and equitable as well as in the
best interests of the protected class of low- and moderate-income households in the
Municipality. This Settlement disposes of all challenges filed.
Accordingly, the Court hereby adopts in full the Report and Recommendations of
the Program Member and accepts the same for the detailed findings and reasons set
forth therein. As a result, the Municipality retains all the protections of the above-
referenced
amendments
to
the
FHA,
continues
to
retain
immunity
from
exclusionary zoning litigation, and that the Program retains jurisdiction for the
compliance phase
in
accordance
with
the
statutory
framework
and AOC
Directive #14-24.
Page 5 of 5
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