What is a right?
The definition of title with respect to land development is the legal method of obtaining approvals for the right to develop a property for a particular use. The authorization process is complicated, time-consuming and can be expensive, but knowing what you can and cannot do with a property is vital in determining the real estate viability of your project. Some examples of rights are the following:
Examples of rights:
1. Zoning and zoning variations for building heights, number of parking spaces, setbacks. This is where your land use attorneys and zoning experts come into play. My advice is to rely heavily on their experience 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 re-zone the site, which is a complicated process and sometimes cannot be done.
3 Permissions of use. You may need to obtain conditional use permits and this goes hand in hand with zoning and zoning variations.
4. Road approvals. Do you need to put existing roads? Who maintains the roads? Are there shared paths through easements? These are all questions that you need to have the answers for and be prepared to comply with in the regulatory process.
5 Utility approvals. Are there any public services available for the site? Do you need to donate land to the city in exchange for utility rights? Again, you will need to comply with the regulations and standards of the municipality.
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 architects, developers, attorneys, project consultants, civil, soil, landscape and structural engineers and consultants from the start to help you analyze, review, interpret and advise you regarding studies design, applicable zoning. and code requirements, and 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 slow 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 their local rules. Today, approvals involve overlapping jurisdictions such as city, county, and state and these jurisdictions do not communicate with each other. It is extremely important that you establish good working relationships with these planners to obtain their approvals. 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 obtaining your approvals.
Regulatory process:
Most development projects must go through certain aspects of the authorization process and some projects will have to go through various public hearing processes for approval, according to the rules of each jurisdiction. To begin, commercial land development requires a review and approval by the local Development Review Board or the Planning Department’s Review Division. Each municipality has a different name but the functions are similar.
- The process begins with obtaining site approval from the local Planning and Development Department. By contacting the local Planning and Development Department’s Review Division, your team of experts will prepare a pre-application for land use that complies with the codes of that particular jurisdiction. By complying with the codes, this will eliminate additional requests from the jurisdiction, further revisions and extensions, and unnecessary delays in the approval process.
- Next, a meeting date will be set. You and / or your representatives will meet with the Planning Department to discuss the proposed project and review process. The process includes approval of your site plan, elevations, colors, landscaping, neighborhood map, etc. It will also be necessary to send environmental information. 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 will need design approval, master use permits. 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 need to send written notice or post information on the site. Normally the City Council will also send notices to the 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 succeeding in gaining neighborhood approval. 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 are not favorable for the future of your project. This is where your attorneys and the rest of your development team’s expertise and involvement are crucial.
If there are wetlands on the property, you will need special documentation indicating whether or not the Wetlands Law applies. Doing so will result in a significant or negligible impact awarded by evidence of a permit. Sometimes it is 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 once they have evaluated all the information and reviewed the reports.