Every municipality in the State of New Jersey has a Zoning Board and a Planning Board. Each county also has a Construction Board of Appeals (the equivalent of a Zoning Board) and a Planning Board. In order to obtain zoning or planning approval from a municipality or a county, there is a labyrinth of regulations with which you must comply.

In addition, there will also be a need to coordinate the efforts of your surveyor, planner, engineer, traffic engineer, and your attorney. The development of land is an expensive proposition, and you need to be committed to your project in order to make it work. 

Some of the steps involved in obtaining a variance or zoning approval are the following:

1. Preparing your application.
2. Filing the application with the appropriate legal body.
3. Giving notice to the public of the upcoming hearing date.
4. Doing the legal research and analysis to determine what, if any, variances or waivers are required at the zoning board hearing (you do not want to miss one and then have to go back to the board again).
5. Attending preliminary meetings to discuss the viability of your plan.
6. Generally coordinating all submissions and their timely filing prior to your meeting, when you will present your application.

Most local municipal boards try to work with the public and try to be flexible enough to allow for reasonable growth in their municipality, and at the same time try to protect the integrity of the already existing structures and uses in the municipality. The legal burden that you are supposed to have to carry is in fact difficult to meet unless you have special circumstances, and unless you bring in the necessary experts to testify at your hearing. Sometimes, however, the boards do not require sophisticated proofs and simply waive the zoning regulations to accommodate parties when there are no objections from the neighbors.

If you are a next door neighbor to a project which is totally incompatible with your use and/or the flavor of your community, then you have an absolute right to appear at the hearing to voice your objection. Because there are many legal technicalities, it is wise to hire an attorney to present the legal objections, so that in the event the municipality grants the variance, you can win on appeal in the higher court. Zoning and planning applications are complicated. You should (and we gently recommend that you use Puff & Cockerill LLC) have an attorney to assist you in making any of these applications. Contact us if you need further information.