Land Use, Planning & Zoning

You Want to Build

New Jersey’s many municipalities have laws that limit how you can use your land. These laws are contained in zoning, subdivision, and site plan ordinances. For all but the smallest developments (a single or two-family house), and even for some of them, to build a new building or expand an existing building, the owner or other developer will have to take several steps. First, the owner or developer must file an application for approval from the local planning board or board of adjustment. Next, he must mail and publish a notice of the proposed construction activity. Finally, he must present evidence at a public hearing to convince the local planning board or board of adjustment to grant the necessary approval.

The New Jersey land lawyers at Schiller, Pittenger & Galvin, P. C., can help.

Your Neighbor Wants to Build

Perhaps you have received a certified letter from a lawyer telling you that in a week or so, your neighbor will seek permission to build a building that is too large. Or the letter can say that the new building will be too close to the street or your property line. Furthermore, you may think that the building may cause or increase problems with traffic, flooding, or noise. Alternatively, the new building may not be in keeping with the neighborhood.

The New Jersey municipal land use, planning and zoning lawyers at Schiller, Pittenger & Galvin. P. C., can help you oppose that application. For instance, we can help you seek either its complete denial or request changes to make it less objectionable.

Your Application was Denied (or Your Neighbor’s Application was Granted)

If the municipal board denies your request for a variance (or grants a variance you opposed), you can appeal that decision to the New Jersey Superior Court. First, you order a transcript of the municipal board’s hearing denying your request. Next, you must file a complaint within a short period. Lastly, you must also file a brief showing that the decision was not just bad, but actually “arbitrary, capricious, and unreasonable.”

The New Jersey zoning attorneys at Schiller, Pittenger & Galvin, P.C., represents homeowners, builders and other property owners. These clients have had site plans, subdivisions and/or variance applications denied at the municipal level. Additionally, our clients have had neighbors who got approvals that will affect their properties.

You are Buying, Selling, or Leasing Land for a Project

Maybe a builder wants to buy your land for a project. Then again, you may be the builder and need to buy a parcel. Alternatively, you want to rent space for your business.

The New Jersey planning and zoning legal team at Schiller, Pittenger & Galvin, P.C., will assist our clients in any simple or complex real estate deal. For instance, we can help clients by drafting appropriate land use related provisions in purchase/sale agreements or leases.

New Jersey Land Use Law is Complex

The New Jersey Municipal Land Use Law provides a legal framework for municipal planning and zoning boards across the state. It permits each municipality to regulate the use and development of land. It contains detailed procedural and substantive requirements for obtaining required approvals.

The land use, planning and zoning lawyers at Schiller, Pittenger & Galvin. P.C., are experienced in dealing with this law and its many requirements.

We Have the Necessary Experience

We have broad exposure to all aspects of New Jersey municipal land use, planning and zoning laws. Consequently, the land use attorneys at the firm have a deep understanding of municipal land use, planning and zoning practices and procedures in New Jersey.

We represent individuals and companies, as applicants and as objectors, before zoning and planning boards across the state. In addition, we have acted in the past as counsel for planning boards and zoning boards of adjustment.

Moreover, we have prepared and filed applications for site plans, subdivisions and variances. By the same token, we have also worked on redevelopment plans.

Since the onset of the COVID-19 pandemic, we have continued to represent our clients before planning boards and zoning boards of adjustment. Furthermore, we attended virtual hearings when the boards in question conducted them. Lastly, we attended in-person hearings as required.

Recent Applications

We have represented

• A family seeking permission to build a swimming pool in their backyard in Berkeley Heights
• A homebuilder renovating multi-family houses in Plainfield
• A car dealer renovating its service department building in Springfield
• A hospitality business seeking to add a hotel to its wedding venue in Warren
• Individuals and small businesses seeking variances to develop non-conforming existing lots in Long Hill Township and South Orange
• Small residential and mixed-use developments in Warren and South Orange
• The developer of an adult day care center in Plainfield
• The renovation and expansion of a commercial building near the train station in Plainfield
• An individual proposing an indoor playground in South Orange
• A homebuilder who ran into a zoning problem in Chatham Township just as the house was being finished and ready for closing
• A restauranteur in Scotch Plains seeking a small addition
• The developer of a 41-unit garden apartment complex in Scotch Plains.

New Jersey Municipal Land Use, Planning and Zoning Attorneys

No lawyer can guarantee the outcome of a contested matter, but you stand a better chance with experienced representation.