Lot Feasibility and Zoning

As with all of my engineering consultation/designs, you will be presented with a detailed written proposal of the Scope of Work for your review, including fee, prior to commencing.

The MLUL (Municipal Land Use Law, N.J.A.C. 40:55D et seq.) is the legislation which allows municipalities the power to zone – or more understandably, to establish the ordinances relating to the nature and extent of the uses of land and of buildings and structures thereon. All site plans, and minor and major subdivisions, must adhere to the statewide requirements established by RSIS (Residential Site Improvement Standards), as promulgated by N.J.A.C. 5:21 et seq., for improvements made in connection with residential development. These rules are the minimum required to ensure public health & safety, and the maximum that may be required in connection with design standards for residential development. It is important to note that RSIS does not limit the powers of any municipality to establish any requirements set forth in the MLUL; conversely, it is the MLUL which authorizes adoption of the RSIS standard.

BLSH&E can accomplish the steps you will need to take in order to bring a project from concept through construction, whether it’s a residential remodeling addition, or a multi-lot major subdivision site plan. However, for the purposes of discussing a typical Scope of Work, I will focus on the example of a single lot new home construction. Let’s assume you have a lot you wish to build on. BLSH&E will perform the necessary due diligence concerning lot feasibility, as it relates to the zoning ordinances and the engineering standards. Those will include:

• Confirmation of the zoning district in which the lot is located (i.e. R-1 Residential single family, HC Highway Commercial, AH-1 Affordable Housing, etc.), verify that the intended use is permitted, and that the overall project is consistent with the Master Plan of the municipality (pertaining more to a commercial buildout).

• Obtain all available mapping and data information, including boundary and topographic survey. Review of all bulk requirements, identify any existing non-conforming variances, and establish a buildable footprint. Determine if there are easement encumbrances or other title covenants against the property. BLSH&E will overlay the environmental buildable footprint in conjunction with bulk requirements.

• Examine the property for environmental encumbrances, such as wetlands, state open water, Category 1 streams, and very importantly – steep slope limitations . In some cases, a Phase 1 Environmental Assessment may be necessary to investigate for hazardous wastes. Other environmental considerations may be present regarding critical habitat or specialized areas such as Highlands Preservation.

• Determine the physical limits of the property. Will the site require and support a septic system? If not does the wastewater treatment plant have capacity? Is there a need for a potable well? Are all utility “will serve” letters available? What is the nature of subsurface bedrock? What will the parking requirements be (commercial)? Is a traffic impact study warranted? Site access and offsite improvements? Are retaining walls anticipated? Is it a major or minor development in the eyes of Stormwater management?

• Once all of the above is satisfactorily addressed, a concept plan can be prepared in order to present for informal “buy-in” with the reviewing agencies. This could include a pre-app meeting with the NJDEP.

It is often cited that upwards of 25% of the final cost of development is attributed to permitting, review escrow fees, and professional consultation (engineer, surveyor, attorney). BLSH&E will provide a cost estimate for the overall conceptual project, which in some cases could be multiple iterations or multiple options. One final note of caution. As the rules have tightened within municipalities over the years, it can’t be stressed enough that it is imperative to know whether presentation to a board is going to be necessary. For example, typically a mere increase of 400 SF of impervious area kicks in a requirement for stormwater management, which may put you in front of the board. Or, your addition may merely be going “straight up” but your existing non-conforming setbacks may necessitate you to come to the board. Tripping on either of these two can cost months and months of delay and frustration, that can usually be avoided by spending a few dollars up front for professional guidance. Call me today for your free phone consultation.