What is a Conditional Approval for a New Jersey Development?

Are you planning to renovate your home or add an outdoor structure to your property? Or are you planning a new commercial development or multi-family residential area in Summit? Whether you have smaller or larger development plans in mind, you will most likely need to obtain specific approvals in order to move forward. Approval for a development in Summit often means obtaining a variance by going before the Planning Board or Zoning Board of Approval in a hearing, and it may also involve obtaining certain permits and assessments. The process that you must go through may not be completely clear given the complexity of land use and municipal law in New Jersey. To determine what you must do, you should discuss your development plans in detail with a Summit land use lawyer. But in the meantime, you may be wondering if you can begin certain parts or components of your project.

New Jersey municipal law does have specific language about “conditional approvals,” but conditional approvals do not mean that anyone can obtain an easier conditional approval before obtaining official approval from the Zoning Board or Planning Board. Instead, a “conditional approval” under New Jersey municipal law has very specific (and narrow) applications. Our land use lawyer in Summit can explain in more detail.

Circumstances Where Land Use Conditional Approvals Can Occur for Development in New Jersey

Under 40:55D-22 of the New Jersey Code, there are two types of circumstances in which land use or development plans can be granted a conditional approval:

• When an application for a proposed development “is barred or prevented, directly or indirectly, by a legal action instituted by any State agency, political subdivision, or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision, or court of competent jurisdiction to protect the public health and welfare” (in sum, if there is a legal action related to public health or welfare that would prevent the development), then a municipal agency can grant a condition approval if the proposed development complies with existing municipal regulations; or
• When an application for development “requires an approval by a governmental agency other than the municipal agency,” then the municipal agency can provide a conditional approval until the governmental agency’s approval comes through.

Contact Our Summit Land Use and Zoning Attorneys for Assistance Today 

Do you have questions about obtaining the necessary approvals for a development project you are planning in the Summit area? If so, it is important to seek legal advice about the steps you will need to take to obtain a variance or other requirements, and to move forward with your application before the Planning Board or Zoning Board of Approval. Obtaining permits and approvals can seem daunting, but one of the experienced Summit land use and zoning lawyers at Dempsey, Dempsey & Sheehan can begin working with you today. Our firm can put together all of the necessary materials for you to have your development approved and can handle the hearing before the Board in Summit. Contact us today to find out more about how we can assist you.

Source:

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