Real Estate, Land Use and Zoning Law

Effective representation in land use and zoning law requires knowledge of state codes and local ordinances, as well as familiarity with the complex technical issues in development. Uscher, Quiat, Uscher & Russo, P.C. has the experience to represent clients on both sides of the table in New Jersey — developers as well as municipal boards.

Serving Northern New Jersey, land use and zoning attorney Joseph Russo offers more than 25 years of experience in this area of law. Much of that time was spent as a Municipal Planning Board attorney.  Joe can analyze a problem from the point of view of either the applicant or the local board. This unique perspective enables UQUR to advise clients on the most likely outcome of an application. Such an opinion can be priceless when the client is facing major expenditures for architects and engineers for plans, site surveys, topographic and the other site information required for the project to proceed.

New Jersey Land Use and Zoning Law — Particular familiarity with land use law helps Joe ease obstacles for land owners in commercial and residential development, and to advise local officials on interpretation or drafting of planning and zoning ordinances. A municipality’s zoning ordinance provides the blueprint for development. Our firm serves clients primarily in the following categories:

Site Plan — Site plans are required for new construction (for example, a residential development, office building, or shopping center) or when renovations enlarge the footprint of the existing building. Site plan applications are submitted to and approved by the municipality’s planning board.

Subdivision — A subdivision application involves dividing one or more larger lots into smaller lots. Subdivided lots must conform to the municipality’s ordinance specifying minimum lot dimensions in the zone where the property is located. For example, a five-acre lot can be divided into five individual lots of one acre each, provided the zoning ordinance permits one-acre zoning in that zone. If the applicable zoning required two acres or more, five individual lots could not be approved unless the applicant is granted a variance for smaller lots. Applications to subdivide property are also made before the planning board.

Bulk Variances — Bulk variances are required when a building encroaches upon the bulk (setback) requirements for the lot as required by the zoning ordinance. For example, the zoning ordinance may require that a building or house have a minimum setback of 75 feet from the front property line. Building a home closer than the 75-foot setback would require a bulk variance. Variance applications are usually made to the zoning board of adjustment unless the application requires a site plan. (If so, the application would be heard before the planning board, which has authority to grant both site plan approval and a variance).

Permitted Use Variances — A use variance is required when a property owner intends to utilize his property for a use not permitted under that municipality's zoning ordinance. For example, if an applicant’s property is zoned residential and they intend to knock down their house and build an office building, the prohibited use would require a permitted use variance. Use variance applications are submitted to the board of adjustment. A simple majority of the board members (usually five out of nine members) must cast affirmative votes for the resolution to pass.

Rezoning — UQU&R also represent developers, landowners and municipal boards in efforts to have specific property or sections of a city or township rezoned. Joe Russo guides clients through the many steps of the process, which may include public hearings and even environmental studies.

Appeals — If your site plan, subdivision or variance application was turned down, the experienced litigators of UQUR can represent you in appealing the decision to the full municipal council or in litigation in state court.

Direct Contact with a Seasoned Lawyer: 1-800-797-5575
Contact Joe Russo today to discuss your Northern New Jersey planning board, zoning board, or board of adjustment matter with an experienced New Jersey land use and zoning attorney. UQUR responds promptly to phone calls and keeps clients informed of all developments. You will receive copies or summaries of all documents and correspondence.