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Summit Estate Planning & Probate Lawyers / Blog / Land Use Zoning Development / When is a Traffic Impact Statement Required for a Development Application?

When is a Traffic Impact Statement Required for a Development Application?

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When a residential property owner or business property owner wants to develop their land in Summit, any application for development must go through the appropriate board in the municipality. Such applications, depending on the specific nature of the development, must include various forms of documentation, including certain statements and assessments in particular cases. These are generally required for the planning board or zoning board to decide whether a proposed development will impact existing residential or commercial property in the municipality and, if so, to what degree and whether the impact should be allowed to occur. One type of “statement” that may be required in a development application is a “traffic impact statement.”

When is this type of document required, and what needs to be contained within it? Our Summit land use attorneys can explain in more detail.

Submission Requirements for Traffic Impact Statements

If your planned development in the City of Summit includes an application for a major subdivision or major site plan, then you will need to provide a traffic impact statement for the board to review. The traffic impact statement also must be submitted ahead of time to a formal technical review committee meeting in order for City of Summit staff to be able to review the impact statement and to provide comment.

In other words, this document is not necessary for residential property owners who are submitting development applications related to their individual property.

Who Prepares a Traffic Impact Statement?

A traffic impact statement must be prepared by a licensed professional engineer in New Jersey who has the “appropriate experience and education” to prepare such a document.

What Information Must Be Included in a Traffic Impact Statement?

A traffic impact statement must include a range of information that clarifies what traffic is like in the area without the proposed development, how the proposed development will generate or impact traffic, and any recommendations for “alleviating or diminishing any possible congestion or disruption to the established traffic pattern.” The impact statement also must explain any management or traffic reduction plans that are required under county, state, or federal law.

In addition, the board or City staff members reviewing the application and the traffic impact statement may request additional information. Under City of Summit regulations, any additional material or information can be requested that would be “reasonably required to make an informed assessment of potential traffic impacts.”

Contact Our Summit Land Use and Lawyers for Assistance Today

Development plans in Summit require substantial planning and approvals with the applicable boards in the City of Summit. Your development may require variances, rezoning approval, and much more. To ensure that you go through all required processes and approvals so that you can actually get started on your development plans, it is important to seek advice from one of the experienced Summit land use and zoning attorneys at Dempsey, Dempsey & Sheehan. A lawyer at our firm can speak with you today about zoning and land use issues in the City of Summit, and we can answer any questions you have. Once you are ready to begin the process, we can work with you on obtaining all required approvals under the MLUL and City of Summit regulations. Contact our firm today for assistance.

Sources:

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

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

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