Land Use Issues: Do I Seek Approval from the Planning Board, Zoning Board, or Both?

Are you currently making plans for a new development in the City of Summit? Whether you are an individual who already owns a residential single-family property and simply wants to do renovations to your home, or you are a business making plans for a larger community development, you will likely need to seek approval from at least one of the City of Summit boards. The City of Summit, like other municipalities in New Jersey, has a Planning Board and a Zoning Board of Adjustment. Nearly any project, from small to large, that requires a variance will need to obtain approval from the Zoning Board. Yet Planning Board approval may also be necessary for your project. What purposes do both of these boards serve, and from which (or both) do you need to obtain approval?

These are questions that a Summit land use lawyer can assist you with from start to finish, from making plans to receiving approval and completing your development project. In the meantime, we can tell you more about these boards to help you understand what types of approvals may be required for your development plans.

Powers and Duties of the Planning Board

The City of Summit Planning Board has a wide range of powers and duties. Some of the powers and duties that are particularly relevant to individuals or businesses planning new developments in Summit include but are not limited to the following:

• Approve conditional use applications;
• Participate in the preparation and review or certain programs or plans;
• Make reports concerning proposed development regulations; and
• Review applications for approval of subdivision plats, site plans, or conditional uses; and
• Grant variances and direct the issuance of permits to the same extent as the Zoning Board of Adjustment.

Powers and Duties of the Zoning Board of Adjustment

The following are duties of the Zoning Board that are relevant to parties who are seeking to develop land or structures in Summit:

• Hear appeals;
• Interpret the zoning map or ordinances;
• Grant bulk and dimensional variances; and
• Grant use and other variances.

Seeking Approval for Your Plans

The best way to determine all of the requirements for your planned development, including whether you need to go through the Planning Board, the Zoning Board, or both, is to seek advice from a land use lawyer in Summit. In addition to obtaining variances or other approvals from the boards, you may need to have other assessments done and you may need to take other steps in advance in order to have your development plans approved. A lawyer can assess your circumstances in detail and work with you to ensure that all requirements are met. In the event your plans were already rejected, or you need to challenge a board’s decision, we can also assist with an appeal.

Contact Our Summit Land Use and Attorneys for Assistance Today 

Do you have questions about seeking board approval in Summit for renovation or building plans? If so, it is important to seek legal advice about obtaining all proper approvals in order to begin and complete your project. One of the experienced Summit land use and zoning lawyers at Dempsey, Dempsey & Sheehan can speak with you today about your development plans and can begin working with you to seek the required approvals for your project. Contact us for more information.

Sources:

ecode360.com/38107274

cityofsummit.org/DocumentCenter/View/3616/Development-Regulations-Ordinance-DRO-FINAL?bidId=