Substantial real estate development in New Jersey always starts with a site plan approval. In most cases, some variances will be needed. Subdivisions are also sometimes needed. New Jersey law provides for “one stop shopping.” The developer can obtain all his site plan, variance and subdivision approvals from either the Planning Board or the Board of Adjustment, without the need to go to both boards.
Our land use partners have decades of experience in obtaining the required municipal land use approvals. We work closely with the client and its civil engineer, traffic engineer, professional planner and other consultants to prepare the application and to make a first class presentation to the relevant Board. Besides persuading the Board to issue an approval, we also seek to create a record which will be upheld in the unlikely event of an appeal.
Municipal approvals frequently come with numerous conditions, which can cause expense to the client and possible impacts on operations. We assist the client in attempting to negotiate potential conditions with the municipal staff in advance of the hearing and minimize adverse affects. We don’t just seek to obtain the required approval; we also seek to add value by paying careful attention to potential conditions.
Developments located on county roads or impacting county drainage facilities also require a county planning board approval, and so we have broad experience representing clients who need county approvals. We know how to work with the client’s traffic engineers to resolve traffic related issues with both the municipality and the county - - always with an eye towards minimizing any “fair share” contributions for traffic improvements.
Our offices are located within the jurisdiction of the New Jersey Meadowlands Commission (NJMC), which is a state agency with land use powers. We are the leading law firm in the state with respect to representation before the NJMC, both in terms of the number of approvals and the size of the developments. We represent numerous owners of radio towers in the NJMC, and we have a particular expertise in that area.
We also have extensive experience in the related field of appeals of land use approvals .
Attorneys:
Daniel E. Horgan
E. Neal Zimmermann
Thomas J. O'Connor
David A. McPherson
James P. Dugan