PLANNING & LAND USE SERVICES

EJE provides professional planning services in New Jersey for land use and board approval purposes. When proposed site or structure improvements do not conform with zoning codes, the property owner must apply to the appropriate municipal land use board to approve a variance or “deviation” from the zoning law. Most towns have a Planning Board (PB) and a Zoning Board of Adjustment (ZBA), though some have a single Land Use Board (LUB).

Depending on the nature of the application, a professional planner may be required to provide testimony as an expert witness to demonstrate why a PB or ZBA should grant the requested variances and waivers. In general, 'c' variances are those related to the bulk dimensions of the property and building (i.e. lot size, building height and footprint, building setbacks, impervious coverage, etc.). However, 'd' variances are required for unapproved uses as well as other specific cases and carry a more substantial burden of proof on the applicant. Evan has successfully provided expert testimony for applications to Planning and Zoning Boards of Adjustment in over 30 towns throughout northern New Jersey. EJE provides the following professional planning services:

EJE offers comprehensive desktop zoning studies for site plan applications, site feasibility and selection, assessment, and property transactions. These analyses will examine the specific zoning criteria applicable to the project and determine if the site is conforming with each of the regulations. When a specific zoning criterion cannot be reasonably met without significant detriment to the project, EJE identifies potential variances and design waivers required for various land use proposals. In many instances, a zoning analysis is required to obtain a zoning certificate for applications that do not require PB or ZBA approval, but still need building permits.
Permit to obtain UCC construction permits once the Zoning Officer deems the project to be compliant with the municipality's zoning laws. Municipal zoning laws (ordinances) dictate the allowable dimensions within which the new dwelling and site improvements must conform. These size related dimensions, also called bulk dimensions, may include criteria like maximum building size and height, minimum lot size, maximum building and overall impervious surface, minimum setbacks to adjacent property lines, etc.).
Construction drawings from the project architect and civil engineer would be submitted to the town for zoning review and approval. Once approved, the construction documents would only then be reviewed for UCC permits (i.e. building, plumbing, electric, fire, HVAC, elevator, etc.). Please note: in order to obtain this approval, the entire building and property must strictly adhere to all zoning criteria for the site's zoning district.
Professional planners are required to provide testimony on behalf of their clients to support requests for both 'C' and 'D' variance approval, depending on the municipality. EJE would prepare a planning report that would include a Zoning Analysis to identify existing and proposed non-conformances. The planning report would provide specific arguments in support of the requested variance, using the town's Master Plan, case law, and similar applications to provide the Board with the legal right to approve the project.
After the Board accepts the site plan or variance application, the owner, their attorney, and their hired professionals (engineer, planner, architect, traffic engineer, etc.), to testify at a PB or ZBA hearing for the application. This often includes preparing additional figures or displays for presentation purposes. EJE would work closely with your land use attorney and professionals to provide the strongest application possible.
Professional civil engineering services are not included with Professional Planning services. Please refer to Civil Engineering Services for additional engineering information.
If there is a need for a professional planner your project that is not listed, please reach out on the Contact page to set up an initial engagement call.

SERVICES