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We Can Assist You With Your Land Use Application After You Have Received Approval

Previous articles reviewed the land use application submission and presentation process; this article will review what is required to be performed after an approval is obtained. The memorialized approval is placed in written form called a Resolution. Part of the Resolution outlines the Condition of Approval, which acts as a checklist of the items that must be submitted to zoning and engineering prior to obtaining construction permits. Satisfying those conditions is called Resolution Compliance.

Once an applicant receives the Resolution of approval, the first requirement is to prepare and publish a Notice of Decision. This provides a general notice in the official newspaper as to the details of the approval received. Proof of this publication must be provided to the Board secretary.

Contained within the Resolution may also be requirements for various legal documents. Examples of these documents are: Lot Consolidation Deeds, which consolidate various lots owned by the applicant under one lot number; Cross-Access Agreements, which will allow neighboring businesses or residents to utilize a common driveway or parking area; and Easements, which earmark certain portions of the property for access by other agencies to maintain or service utility structures or equipment which may be on the property, or may identify portions of the property that are to be undeveloped to preserve the environment or ensure visibility at an intersection.

Of course, this is not a comprehensive list and what is required depends on the specific reliefs granted in the applicant's approval. What is consistent throughout the process is that these are legal documents requiring the attachment of legal descriptions and reduced plans, requiring review and approval of the Board professionals and, in some cases, the documents must be recorded with the County Clerk. Certainly, the preparation of these documents is best performed by a qualified land use attorney.

Additionally, the Resolution may require plan revisions, payment of additional fees and escrows and approvals from outside agencies. Those agencies may be other local agencies, such as local sewerage, utility and municipal authorities; County agencies, such as Planning Board and Soil Conservation; and/or State agencies, such as NJDOT and NJDEP. Again, each applicant requires a combination of varying approvals. This office can coordinate the receipt of those approvals and prepare a final submission to the local land use board to successfully complete Resolution Compliance. Receiving Resolution Compliance approval will then allow the applicant to construct their proposed project.

As can be seen from the information above, the perfection of a land use application approval before a Land Use Board requires an understanding of the MLUL and legal experience. The attorneys at the Law Office of R.C. Shea and Associates can assist to make this process stress free. Look for future articles on the Land Use Process which will review the components of a resolution and the post-approval compliance procedures.