What's a right?
The definition of planning right is the legal method for obtaining the approval of the right to develop a property for a particular use. The eligibility process is complicated, time consuming and can be expensive, but knowing what you can and can not do with real estate is essential in determining the real estate feasibility of your project. Here are some examples of rights:
Examples of Rights:
1. Zoning and zoning changes for building heights, number of parking spaces, setbacks. Your land use lawyers and zoning experts come into play here. My advice is to rely heavily on their expertise and follow their instructions to avoid unnecessary delays in your approval process.
2. Rezoning. Depending on the current use allowed for the property, you may need to change the zoning of the site, which is a complicated and sometimes impossible process.
3 Use the permits. You may need to obtain conditional use permits, which is consistent with zoning and zoning differences.
4. Road approvals. Do you need to build existing roads? Who maintains the roads? Are there shared roads via easements? These are all questions to which you must have the answers and which you are ready to respect during the regulatory process.
5 Public Service Approvals. Are utilities available on the site? Do you have to give land to the city in exchange for use rights? Once again, you will have to comply with the municipality's regulations and standards.
6. Landscaping approvals. City planning and development agencies must also approve your design and landscaping. Your architect and engineers will be most useful in this area.
Recruit an Experienced Development Team :
The best advice is to hire an experienced development team consisting of architects, developers, lawyers, project consultants , civilians and soil specialists. and landscape and structural engineers and consultants to assist you in analyzing, reviewing, interpreting and advising you regarding design studies, zoning requirements and applicable codes and the maximum development potential of the property. Without an experienced team, it is extremely difficult and tedious to complete the regulatory process because the very nature of the regulatory process is so complicated.
This is how the process works. First of all, do not forget that the process is very slow and frustrating and can take about 3 to 12 months, sometimes even years, depending on the complexity of the project. Part of the reason is that every planner has different interpretations of their local rules. Today, approvals involve overlapping jurisdictions, such as cities, counties and states, and these jurisdictions do not communicate with each other. It is essential that you establish a good working relationship with these planners to obtain your approvals. Again, this is the reason why you need to work with a development team that has already established these relationships with the local staff of the local jurisdiction where your property will be developed. These relationships will simplify and help speed up your approval process. Your team of experienced experts will be able to negotiate problems for you and eliminate additional requests from local authorities to avoid further delays in obtaining your approvals.
Regulatory Process :
Aspects of the eligibility process and some projects will need to be subject to several public hearing processes for approval, depending on the rules of each jurisdiction. To begin with, commercial development of land requires review and approval by the development review board or revision division of the planning department. Each municipality has a different name but the functions are similar.
- The process begins with obtaining site approval by the local planning and development department. By contacting the review division of the Planning and Local Development Department, your expert team will then prepare a land use pre-application that complies with the codes of that jurisdiction. By following the codes, this will eliminate additional administrative demands, additional revisions and extensions, as well as unnecessary delays in the approval process.
- The date of the next meeting will be fixed. You and / or your representatives will meet with the planning department to discuss the proposed project and the review process. The process includes approving your site plan, elevations, colors, landscaping, area map, etc. Environmental information should also be submitted. There are usually fees that accompany the application. Fees vary from jurisdiction to jurisdiction.
- If, for any reason, your implementation plan is denied, you can appeal to City Council. The appeal process varies from jurisdiction to jurisdiction.
- Once you have obtained site approval, you will need design approval and principal use permits. The design approval process allows the architect to design the building envelope, main structure, exterior appearance, building height, site design, landscaping concepts, impact traffic, access to the site and utilities, and submit them for approval.
- Neighborhood hearings are generally required for all conditional use permits under a general plan. You may need to send a written notice or post information on the site. Normally, the City will also send notices to neighbors. Placards must be placed on the property and an open house is usually held. Your development team will help you advise you and help you increase your chances of getting your neighborhood approved. Be prepared, even if you comply with the codes and regulations of the regulatory process, it is always possible that the neighborhood has its own agenda and that the hearings and decisions are not favorable to your project. This is where your lawyers and the rest of the expertise and involvement of your development team are essential.
If wetlands are located on the property, you will need special documentation indicating whether the wetland law applies or not. If this is the case, it will have a significant or insignificant impact, as evidenced by the evidence of a license. It is sometimes best to set aside or donate the wetland portion of the property and avoid development problems. Your development team will be able to advise you on the best course of action after evaluating all the information and reviewing the reports.