Zoning and planning refer to the regulations of developing and construction. In New Jersey, the laws vary throughout the different municipalities. Property and home owners must abide by these statutes when making changes to their properties or constructing a new building by obtaining the proper building or zoning permit. The process requires the owner to apply to the appropriate municipal official. The permit application may be denied if the change or construction violates the current zoning or planning law.
In that event, you have the opportunity to apply to request an approval from the Municipal Planning Board, Zoning Board, or Combined Land Use Board. These panels generally conduct a meeting for every request and give the petitioner an opportunity to explain why they want the permit. The board also hears from members of the public about their concerns, objections, or support of the proposal before they make a decision considering all the facts and evidence presented.
If the board denies your application for a permit, you can appeal that decision through the Court. This process is generally done by filing an action with the Superior Court. If you decide to file an appeal, you only have a certain amount of time to do so. In New Jersey you must file within 20 days of the board’s decision.
For obtaining the proper zoning or planning permit for your project or new construction, the process can become complex, especially if the board initially denies your application. Seeking the assistance of an experienced attorney will help ensure you have the best chance in obtaining the permit. Let James E. Stahl work with you through the process. Call today for a consultation at (732) 422-1000.