Many people think of land use attorneys primarily in the context of new, larger scale
developments. While those types of projects do often make up a significant portion of our work,
there are other common situations where a local property or business owner will need our
assistance.
Unlike most corporate applicants, an individual owner who simply wants to improve his or her
property isn’t required by law to be represented by an attorney. However, the land use process
can be confusing because it involves different governmental officials and specific procedures
that are unfamiliar to someone seeking an approval for the first time. For example, when a
person applies to their local Zoning Officer for a permit to construct a simple building addition
and receives a letter of denial, there are a few different options for how to proceed. While some
applications can proceed at the applicant’s convenience, others involve strict statutory deadlines.
Additionally, there are some municipalities that require an application to the Planning Board for
a simple change in the use or tenancy of a commercial property, even if no improvements or
modifications are involved. Each municipality has its own requirements and procedures for the
filing of an application to the Planning or Zoning Board, and once the submission happens, both
the Board and the applicant must act in accordance with the requirements of the Municipal Land
Use Law.
Certain types of applications require notice to the public in advance of a hearing before the
Boards, which is jurisdictional. This means that if notice is not served properly, the hearing
cannot proceed, resulting in delays and added expenses to have the hearing rescheduled and re-
serve the notices.
A good land use attorney knows these requirements well and can ensure that all procedures are
followed properly, from preparing the application through serving notices of the hearing,
appearing on the applicant’s behalf, and ensuring that all conditions of approval are fair and
appropriate. What can be equally beneficial to our clients is that many of us develop
relationships with officials in the municipalities where we have represented clients before, and as
a result, we know who to contact when an issue arises and how to move through the process as
smoothly as possible. We also work with many different design professionals, like architects and
engineers, and we can make recommendations based on our assessment of who would help to
achieve the client’s goals most efficiently and effectively. To state it simply, guidance from a
knowledgeable attorney in navigating the complicated land use process is well worth the expense
because it helps the applicant to avoid excessive costs and delays later on.
Having practiced almost exclusively in this area of law since 2009, I would be happy to consult
with any local property or business owners who might need assistance in obtaining land use
approvals. My firm also offers many other services, including transactional real estate and
corporate matters, estate planning, family law, and litigation. Please feel free to browse a more
complete list of our practice areas at www.harwoodlloyd.com.
Allyson Kasetta
Counsel
130 Main Street | Hackensack, New Jersey | 07601
Direct 201.359.3533 | Fax 201.487.4758
AKasetta@harwoodlloyd.com
