Important Land Use Terms to Know from the MLUL

New Jersey’s Municipal Land Use Law (MLUL) is extensive and complex, and there are a wide range of terms that are relevant to both businesses and individual property owners alike who want to develop or remodel. The following are some of the most commonly relevant terms from the MLUL and their statutory definitions, which can help you to know as you consider the process ahead for applying for a variance, rezoning, or other land use matter.

Application for Development 

An “application for development” is what most individuals or businesses will need to submit in order to be able to make any physical changes to a property, whether to build a new home or subdivision, to renovate, or even to add a fence or swimming pool. New Jersey law defines this application as “the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance, or direction of the issuance of a permit.”

Approving Authority 

An “approving authority” is the body that makes a decision about an application for development, including any requests for variances, rezoning, and other land uses. In general, the approving authority is the planning board of the municipality. In Summit, it will be important to discuss with your lawyer which matters go before the planning board, before the zoning board, and by other authorities.

Developer and Development 

A developer is the party who legally owns a lot or any proposed land to be developed, renovated, or added to, from a residential property owner to a large corporation. A “development” can mean any proposed change to residential or commercial property, including “construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required.”

Structure

Permission is typically needed to build, add, or amend any existing “structure” in a New Jersey municipality like the City of Summit. It is essential to know that New Jersey law understands this word broadly and defines it as “a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.”

Variance 

A “variance” is something that nearly any individual or business that wants to build, remodel, or make any changes to an existing lot or property will need to seek. Under New Jersey law, it “means permission to depart from the literal requirements of a zoning ordinance.”

Contact Our Summit Land Use and Attorneys for Assistance Today

The MLUL includes a wide range of land use definitions that can be applicable to various types of development plans in the City of Summit. Given the breadth of these definitions, it is critical to work with one of the experienced Summit land use and zoning lawyers at Dempsey, Dempsey & Sheehan on any variance, zoning, or other land use applications you need to submit or development plans you may have. If there are errors in applications, or if you fail to submit the required impact statements, assessments, or other documentation, your application can be denied and you will need to challenge the outcome. The best way to ensure that the relevant City of Summit board has all necessary materials to approve your application is to seek legal advice from an attorney who regularly handles land use issues in New Jersey. Contact Dempsey, Dempsey & Sheehan today.

Source:

law.justia.com/codes/new-jersey/2009/title-40/40-55d