RIVER VALE, N.J.—After rejecting a 52-unit development on the former Forcellati Nursery site at 691–693 Rivervale Road last year, township officials say they have agreed to a court settlement that allows 75 homes—including 15 affordable units—to be built on the property.
The decision, described as “unpalatable” by Mayor Mark Bromberg, was made to avoid a court-imposed 95-unit project and the potential loss of local zoning control.
The developer, Incandescent Development, filed to intervene in the township’s fourth-round affordable housing process after the Joint Planning and Zoning Board unanimously denied its proposal for 52 units in September 2024. The developer later purchased the 5.4-acre property and brought legal action against the township, alleging River Vale had failed to meet its affordable housing obligation by excluding the site.
In October, the State of New Jersey released its fourth-round affordable housing obligations. River Vale’s assigned obligation was 194 affordable units to be constructed on properties deemed available for development—including the Forcellati site.
Incandescent initially sought to build 95 units, but following negotiations among the township, Fair Share Housing Center, legal counsel, and a retired Superior Court judge, a compromise was reached: 75 units, 20% of them affordable.
In a statement he sent to Pascack Press June 4, and which we have appended below, Bromberg said that further opposition could have resulted in the court ordering the full 95 units and declaring River Vale out of compliance, opening the door to “builder’s remedy” lawsuits. Those lawsuits could strip the township of zoning authority and lead to larger, denser developments beyond local control.
“Inclusion of this property with this number of units is not one which was made willingly,” Bromberg said. “It was done only after careful consideration of the alternatives, which alternatives were far worse and included legal risks that would significantly alter the character of our community.”
He added, “By including this site, even though unpalatable, we are trying to safeguard the Township from these risks. This plan represents a compromise that protects the long-term interests of our residents while fulfilling our state-mandated obligations to construct affordable housing and protecting the Township from greater harm.”
The revised Housing Element and Fair Share Plan, which includes the Forcellati property, will be reviewed by the Joint Planning Board on June 18 and by the Township Council on June 23. It is due to the state by June 30.
Bromberg noted that even if the Planning Board had approved the original 52-unit plan, it’s likely the developer would have sought to increase density once the state released updated figures in October.
He explained, “Following the issuance of the fourth round obligation for River Vale, the applicant of the Forcellati property (Incandescent Development) purchased the site and brought legal action against River Vale alleging that the Township was not fulfilling its affordable housing obligation by not including this site. The owner advised of its intention to seek the construction of 95 units on the Forcellati property, which would include affordable housing units.”
Bromberg said the township was advised that continued opposition would not only trigger a 95-unit court order but also expose River Vale to litigation that could undermine local zoning authority.
“The effect of such lawsuits would cause the Township to lose control of our right to oversee planning and zoning of any construction in the Township,” he said. “Builder’s remedy litigation arises when a municipality is deemed noncompliant with state-mandated affordable housing requirements, which then strip the Township of local zoning authority, opening the door to large-scale, high-density construction that does not align with our planning vision or infrastructure capacity.”
River Vale has a history of compliance with affordable housing mandates. In late April, the Township Council approved a fourth-round obligation of 179 units, following mediation with the New Jersey Builders Association and the state’s Affordable Housing Dispute Resolution Program.
The revised figure is lower than the 195 units initially proposed by the Department of Community Affairs in October 2024 and slightly higher than the 147-unit number adopted by the council in January to meet an earlier state deadline. At the time, no public mention was made of Incandescent Development’s involvement as an intervenor.
The state’s fourth-round affordable housing cycle runs from July 1, 2025, through June 30, 2035.
River Vale Mayor Mark Bromberg’s statement to Pascack Press, June 4, 2025
In 2024, the River Vale Joint Planning and Zoning Board considered an application for a 55-unit development proposed on the Forcellati property. The application was denied.
In October 2024, the State of New Jersey, as required by legislation signed into law by Governor Murphy, issued its fourth-round affordable housing calculations. The obligation for River Vale mandated the construction of 194 units of affordable housing on any and all properties in the Township deemed available for construction. The Forcellati property was one of the sites deemed available for the construction of affordable housing units.
Following the issuance of the fourth-round obligation for River Vale, the applicant of the Forcellati property purchased the site and brought legal action against River Vale, alleging that the Township was not fulfilling its affordable housing obligation by not including this site. The owner advised of its intention to seek the construction of 95 units on the Forcellati property, which would include affordable housing units. The Township contested this position.
During the court process, the Township was advised that if we continued to object to the construction of 95 units on this site, not only would the Court mandate the construction of 95 units, the Township would be deemed in violation of our state-mandated obligation to build affordable housing and would then face “builder’s remedy” lawsuits. The effect of such lawsuits would cause the Township to lose control of our right to oversee planning and zoning of any construction in the Township. Builder’s remedy litigation arises when a municipality is deemed noncompliant with state-mandated affordable housing requirements, which then strip the Township of local zoning authority, opening the door to large-scale, high-density construction that does not align with our planning vision or infrastructure capacity.
Faced with the choice of a 95-unit development under state-imposed conditions and the legal threat of litigation that could lead to high-rise residential construction beyond our control, the Township is now forced to include in our affordable housing plan—which must be passed by June 30 and is ordered by the Court—the development of 75 housing units on the Forcellati property, 15 of which (20%) will be affordable units.
This inclusion of this property with this number of units is not one which was made willingly and was done only after careful consideration of the alternatives, which alternatives were far worse and included legal risks that would significantly alter the character of our community. By including this site, even though unpalatable, we are trying to safeguard the Township from these risks. This plan represents a compromise that protects the long-term interests of our residents while fulfilling our state-mandated obligations to construct affordable housing and protecting the Township from greater harm.
We thank our residents for their ongoing engagement and will continue to keep the public informed as this court-mandated project moves forward.