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Old Tappan council endorses 4th‑round housing element to protect immunity; planners warn of June 30 deadline

Borough of Old Tappan Mayor and Council · June 18, 2025
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Summary

Council endorsed the borough’s 4th‑round housing element and fair‑share plan, citing an urgent June 30 statutory deadline to retain immunity from builder‑remedy lawsuits. Planners said the town lacks developable land and proposes overlay zoning near the commercial center to allow multifamily, mixed‑use redevelopment if owners choose to build.

The mayor and council voted to endorse the borough’s 4th‑round housing element and fair‑share plan, a step officials said is necessary to preserve statutory immunity under recent state changes. Planner John Szabo of Burgess & Associates presented the plan and the council discussed its implications for zoning, downtown character, and timing.

A council member warned that if the council failed to adopt the plan by the June 30 deadline the borough would "lose all of our immunity," leaving it vulnerable to lawsuits and state intervention. Planners and council members clarified that the plan relies on making select commercial parcels reasonably available for multifamily, mixed‑use development through zoning; owners would still need to choose to redevelop for units to be built. Council directed staff to finalize ordinances for later review and noted a design‑standards charrette and possible streetscape grant to guide aesthetics.