Planning Board

An Overview

The Planning Board consists of volunteer residents appointed by the Mayor and serve the public interest without compensation.  Board members are required to complete a state-mandated training course, which is also available to the public. Each year, Board members file financial disclosure statements required by the New Jersey Ethics Law with the Municipal Clerk.

The Planning Board is responsible for preparing the Borough Master Plan in compliance with provisions of the New Jersey Municipal Land Use Law (MLUL) and for reviewing zoning ordinances referred to them by the Mayor & Council.

The Planning Board reviews and acts on the following:

• Applications for subdivision approval

• Applications for site plan approval

• Applications for use permits

• Revisions to the Borough Zoning Ordinance

• Variance Applications

The Planning Board consists of nine members and four alternate members. The Board is assisted by a professional staff consisting of an attorney, a professional planner, a Borough engineer, and a Board Land Use Administrator.

The agenda is available before all our meetings. It is posted at the Borough Hall at least 48 hours before the meeting and can also be found on the Old Tappan website.

Meeting Procedures

When you follow the procedures discussed above, your input will have maximum impact on the Board’s deliberations.  Please note that all applications are judged on their individual merits.  The Board cannot predetermine the outcome of an application.

In many ways, the procedures are similar to courtroom procedures.  The chairperson conducts the meeting as a judge might and the Board is comparable to a jury that votes to make a final decision.

Residents Attending/Participating:

When an application is announced by the chairperson, the applicant or their attorney comes forward.  If the applicant is to provide testimony, he/she introduces themself, affirms that their testimony will be truthful (while being sworn under oath by the Planning Board Attorney) and then explains the nature of the application.  If the applicant is represented by an attorney, the attorney presents the application and, where applicable, the order of the applicant’s expert witnesses.  If there are expert witnesses, they will be sworn in before presenting their testimony.

Following the testimony of each witness, the Board will ask questions and seek clarifications needed for an informed review of the application. The chairperson will then ask if there are any questions from the public regarding the testimony.

If you have a question, raise your hand.  When the chairperson calls on you, please walk to the microphone and state your name and address.   Please speak clearly into the microphone.  The public is limited to five minutes per person to ensure adequate time for all speakers for all applications.

Verbal & Written Statements:

Verbal statements from the public should be supportable and not hearsay.  The applicant has the right to cross-examine any members of the public who speak.  Written statements or letters from individuals who are not present, petitions, or speaking on anyone else’s behalf are not allowable according to New Jersey MLUL.  Written statements from the public in favor of or opposing the application cannot be accepted as the Board cannot cross-examine written statements; however, a member of the public may provide the secretary with a written copy of their remarks after speaking.

Only the chairperson may decide who speaks at a given time.  Comments called out from the audience will not be considered part of the record.

The chairperson has the right to close the public portion of a hearing if he/she feels that the audience is unruly or is making comments that are not relevant to the application.  The chairperson also has the right to have any member of the audience removed from the hearing room for unruly display of meeting decorum.

Public Questions & Comments:

The public may comment on applications before the board.  The timing of such comment depends on the complexity of the application.  In general, less complex applications have one public comment period.  More complex applications have public question periods after each expert witness presents testimony, and a general public comment period after the completion of the presentation of the application.  When asking a question regarding a specific witness’s testimony, the public may ask a question only about that expert’s testimony.  The public may comment on any aspect of the application during the public comment period at the close of the application.

Completeness Review:

Each application will first be reviewed for compliance with the requirements of a complete application.  

Only Planning Boards (not elected governing bodies such as a Borough Council) are charged by law with reviewing and determining non-residential site plans and subdivisions with non-use related variances known as “c” variances.  You may obtain a copy of the New Jersey Municipal Land Use Law, NJSA, 40:55D-1 et seq. and contact the New Jersey Planning Officials at (908) 412-9592.  Approvals or denials of applications may be legally challenged (for instance, in New Jersey Superior Court).  Therefore, it is very important that the process laid out in the MLUL be closely followed.

Other Meeting Procedures:

The meeting is recorded using an audio system.  However, the applicant may also choose to hire a court reporting service at his or her personal expense.  Minutes will be prepared and summarized by the Board’s secretary.  Hearings that are not completed at one meeting may be further considered at future meetings.  The chairperson will verbally announce that an application is carried to the next meeting. 

The information and guidelines provided are subject to any changes in the municipal land use law and are subject to any procedures or deviations established by the land use boards to implement the municipal land use law in effect at the time.  (These guidelines are for the purpose of assisting interested parties in understanding and participating in the municipal land use process.  Each application is unique and deviations from this outline may necessarily occur.  Such deviations should not be considered a basis for an argument in any appeals of a decision rendered by the Board.)