USA - NEW JERSEY Law and Practice Contributed by: Steven Fleissig, David Freylikhman, Cory Mitchell Gray and David Jensen, Greenberg Traurig LLP
4. Planning and Zoning 4.1 Legislative and Governmental Controls Applicable to Strategic Planning and Zoning New Jersey has adopted the Municipal Land Use Law which imposes certain uniform require - ments on municipalities with respect to land development. However, New Jersey is a home rule state and, accordingly, controls with respect to design and appearance are primarily local in nature and vary by municipality. Other gov - ernmental authorities with jurisdiction over the affected site may impose such obligations (see 4.3 Regulatory Authorities ). 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction The method of construction is not customarily different than the Uniform Construction Code, which has been adopted with modifications by New Jersey, but each municipality applies the requisite inspection and approval obligations in its own procedural manner. Unique design and/or construction requirements are routinely imposed with respect to, among others, water - front properties, properties within flood zones, and properties in or bordering on wetlands are - as. In addition, municipalities often have a his - toric preservation committee which opines on development applications. 4.3 Regulatory Authorities Generally, municipalities are responsible for regulating the use of real property within their jurisdiction. Counties and other governmental authorities may also regulate development and use of property within their jurisdiction through, for example, various county planning boards and the State Planning Board. All such governmen - tal authorities have the right to designate what
uses may be made of real property within des - ignated zones, and they may grant relief from such requirements in appropriate cases (through variances or rezoning). In addition, depending on the nature and loca - tion of the proposed development, the New Jer - sey Department of Environmental Protection, the Port Authority of New York and New Jersey, the New Jersey Department of Transportation, the Pinelands Commission, the Hackensack Meadowlands Commission, various watershed management agencies, sewerage authorities, affordable housing agencies, storm-water man - agement agencies, and the county in which the property is located may have input into develop - ment and, in some instances, have the authority to grant or deny the application or impose condi - tions at the grant of the application. 4.4 Obtaining Entitlements to Develop a New Project The nature of the requisite approvals varies depending upon where the property is located and the magnitude of the proposed develop - ment. As a general guideline (addressing munici - pal approvals only), a municipality will require submission of a site plan application to approve a development that is permitted in the applica - ble zone. Demolition and construction applica - tions will typically be required where an existing structure is not being retained. In the event the use is not one that is approved in the zone, or the structures are non-compliant with the zoning requirements, a property owner would submit a variance application (or a site plan and variance application) to the applicable municipal zoning agency. Notice of the application must be provided to real property owners within 200 feet of the pro - posed development, and all members of the
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