USA – NEW JERSEY Law and Practice Contributed by: David Freylikhman, Cory Mitchell Gray, David Jensen and Jody Saltzman, Greenberg Traurig LLP
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, though 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 other aspects) waterfront properties, properties within flood zones, and properties in or bordering on wet - land areas. In addition, municipalities often have a historic preservation committee which opines on, and may have approval authority over, devel - opment 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 govern - mental authorities have the right to designate what uses may be made of real property within designated 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, other agen - cies may have input into development and, in some instances, the authority to grant or deny the application or impose conditions at the granting of the application, such as: • the New Jersey Department of Environmental Protection;
• the New Jersey Sports and Exhibition Author - ity; • the Port Authority of New York and New Jersey; • the New Jersey Department of Transporta - tion; • the Pinelands Commission; • the Skylands Commission; • various watershed management agencies; • sewerage authorities; • affordable housing agencies; • storm-water management agencies; and • the county in which the property is located. 4.4 Obtaining Entitlements to Develop a New Project The nature of the requisite approvals varies depending on where the property is located and the magnitude of the proposed development. As a general guideline (addressing municipal approvals only), a municipality will require sub - mission of a site plan application to approve a development that is permitted in the applicable zone. Demolition and construction applications will typically be required where an existing struc - ture is not being retained. If the use is not one that is approved in the zone, or if the structures are non-compliant with the zoning requirements, a property owner would submit a variance appli - cation (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 proposed development, and all members of the public, as well as anyone purporting to be affected by the proposed development, may appear and object at the hearing. Objectors also have the right to present evidence and expert testimony. The vari - ance process may take as little as three to six months for a simple application or as long as 12 to 24 months for major variance applications.
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