What is a right?
The definition of right with respect to land development is the legal method of obtaining approvals for the right to develop the property for a particular use. The vesting process is complicated, time consuming and can be expensive, but knowing what you can and cannot do with a property is vital to determining the real estate viability of your project. Some examples of rights are as follows:
Examples of rights:
1. Zoning and zoning variations for building heights, number of parking spaces, setbacks. Your land use attorneys 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 permitted use for the property, the site may need to be rezoned, which is a complicated process and sometimes cannot be done.
3 Use Permits. You may need to obtain conditional use permits and this goes hand in hand with zoning and zoning variances.
4. Road approvals. Do you need to put on existing roads? Who maintains the roads? Are there shared roads through easements? These are all questions for which you must have the answers and be prepared to comply with the regulatory process.
5 Utility Approvals. Are utilities available for the site? Do you need to donate land to the city in exchange for utility rights? Once again, you will need to comply with municipal rules and regulations.
6. Landscaping approvals. City planning and development agencies must also approve your design and landscaping. Your architect and engineers will be of great help in this area.
Hire an experienced development team:
The best advice is to hire an experienced development team of civil, soil, landscape, structural architects, developers, attorneys, project consultants, engineers and consultants from the outset to help analyze, review, interpret and advise you on the studies. design, applicable zoning. and code requirements, and the maximum development potential of the property. Without an experienced team, it is extremely difficult and a lot of time will be wasted trying to complete the regulatory process because the very nature of the regulatory process is so complicated.
This is how the process works. First, remember to keep in mind that the process is very time consuming and frustrating and can take approximately 3-12 months or sometimes years depending on how complicated the project is. Part of the reason is that each developer has different interpretations of the local rules of it. Today, approvals involve overlapping jurisdictions, such as city, county, and state, and these jurisdictions do not communicate with each other. It is extremely crucial that you establish good working relationships with these planners to gain their approval. Again, this is why you need to work with a development team that has already established these relationships with local staff from the local jurisdiction where your property will be developed. These relationships will streamline and help speed up your approval process. Their experienced team of experts will be able to negotiate issues for you and eliminate additional requests from the local jurisdiction to avoid further delays in getting your approvals.
regulatory process:
Most development projects must go through certain aspects of the rights granting process, and some projects will have to go through various public hearing processes for approval, depending on the rules of each jurisdiction. To begin, commercial land development requires review and approval by the local Development Review Board or Planning Department Review Division. Each municipality has a different name but the functions are similar.
- The process begins with obtaining site approval from the local Department of Planning and Development. By contacting the local Department of Planning and Development Review Division, their team of experts will develop a land use pre-application that complies with the codes of that particular jurisdiction. By complying with the codes, this will eliminate additional requests by the jurisdiction, additional review and extension, and unnecessary delays from the approval process.
- A meeting date will then be set. You and/or your representatives will meet with the Planning Department to discuss the proposed project and the review process. The process includes approval of the site plan, elevations, colors, landscaping, neighborhood map, etc. Environmental information must also be presented. There is usually a fee that accompanies the application. Fees vary from jurisdiction to jurisdiction.
- If for any reason your site plan is denied, you can appeal to the City Council. The appeal process varies from jurisdiction to jurisdiction.
- Once you get site approval, you’ll need design approval and master usage permissions. The design approval process is where your architect will design the building structure, core layout, exterior appearance, building height, site layout, landscaping concepts, traffic impact, site access, and utility designs and submit them for approval.
- Neighborhood hearings are generally required for all general plan conditional use permits. You may be required to provide written notice or post information on the site. Normally, the City will also send out notices to neighbors. Signs must be posted on the property and an open house is usually held. Your development team will be instrumental in advising and assisting you so that you have a greater chance of success in getting your neighborhood approved. Be prepared, even if you comply with the codes and regulations of the regulatory process, there is always the possibility that the neighborhood has its own agenda and that the hearings and decisions will not be favorable for your project to move forward. This is where the experience and involvement of your attorneys and the rest of your development team are crucial.
If there are wetlands on the property, you will need special documentation indicating whether or not the Wetlands Act applies. Doing so will result in a significant or insignificant impact as determined by permit evidence. Sometimes it is better to set aside or donate the wetland portion of the property and avoid development problems. Your development team will be able to help you with the best course of action once they have evaluated all the information and reviewed the reports.
