Q.       What exactly is a variance?  

A. The concept of a variance applies to when a homeowner wants to do construction or an alteration to their property that does not comply with local ordinance.  When they are denied a permit by either the zoning or building offices, they may appeal by way of an application to the Planning Board. The Planning Board will hear and evaluate the situation, and can “vary” or adjust the detailed terms of the ordinance to provide “variance relief”. Variance relief is based on the applicant's ability to prove or provide evidence that compliance with the ordinance is either impossible or would cause a hardship.

Q.       How do I know if I need a variance? 

A. When you apply to the building or the zoning officers, they will tell you if your plans are not conforming to existing ordinances, and will direct you to the Planning Board Office. A Denial Letter from our Zoning or Construction Officials will be needed as part of the Variance Application.

Q.       I got a letter in the mail that my neighbors applied for a variance. What do I do?

A. According to law, a property owner must notify all homes within 200 feet of plans to ask for variance relief. Once you have received this notice, the plans are on file at the borough hall as part of Public Record. You may view them, during all normal Borough Hall hours, and you may also request copies for a nominal fee if you’d like other professional opinions. You may appear at the hearing and voice your approval or your objections to your neighbor’s plans. Harmony between neighbors is always a goal, so if you support their plan, feel free to come voice your support at the meeting. If you have questions, or concerns the hearing is an opportunity to have them addressed.

Q.       How long does it take for my variance to be heard?

A. The detailed steps are outlined on the cover page of the application found on the Old Tappan website, but here is a short summary. Initially one original and four (4)  copies of the application, plans and fees are filed with the Planning Board Office and sent to a Review Committee, who returns a report within 45 days. The Land Use Administrator will then notify the applicant of any missing items, incorrect items etc (what is needed to deem the application “COMPLETE”) and will request the additional required copies. Upon receipt of those required copies, the applicant is notified of a hearing date and will be instructed to publish their hearing date as well as mail notices to their 200 foot list. (the Planning Board office will help you with each step along the way)

Q.      Assuming I am approved, how soon after approval can I start the work? 

A. After approval, the Planning Board Attorney will draw up a RESOLUTION, which becomes public record and declares your variance relief from a specific ordinance.  This resolution will be adopted (signed) at a subsequent Planning Board meeting, and then public notice will be published. You may, at that time, begin application proceeding to the Building Department for your permits, but a waiting period of 45 days AFTER adoption is PUBLISHED is required before permits are issued and work may actually begin.

Q.       Do I need an attorney?

A. Many very simple variances (fence, small deviations from ordinance) do not require the additional expense of hiring an attorney. IF the application is involved, and requires some technical assistance, your architect or contractor may be able to assist you, but cannot represent you before the Planning Board as an attorney can.  For variance applications involving more detailed deviations (set backs, Floor Area Ratio, etc) it will definitely benefit you to rely on the expertise of an attorney familiar with MLUL (Municipal Land Use Law). An attorney who knows the procedure can save you valuable time as well as money in the long run.

Q.      If my neighbor gets variance approval to do something I’ve thought about doing, is it assumed that I too will get variance relief? 

A. No! Each application is evaluated for individual circumstances and situation. Variance relief is granted on the premise that the property owner is in a “hardship” situation and cannot comply with current ordinance without the requested relief.   

Q.      What else does a Planning Board do for the town?

A. The Planning Board also reviews and evaluates plans submitted by applicants who want to develop their land for many different uses (residential, commercial, industrial) and can approve these plans citing conditions or restrictions in their decisions.  The Planning board reviews plans for compliance using the Rules and Regulations that govern the subdivision of land and using zoning bylaws. The Board is also responsible for the Master Plan of the town.