8A — October 26 - November 8, 2012 — Owners, Developers & Managers — Mid Atlantic Real Estate Journal
www.marejournal.com O WNERS , D EVELOPERS & M ANAGERS By George Broseman, Kaplin Stewart The entitlement process – Some key early steps A s a facilities manage- ment pro f ess i onal bringing a new project
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prepared an experienced land use professional should con- duct a review. A review is valuable for several reasons. First, the regulations are often complex and unclear, and may be modified by court rulings. Second, the design professional may be: (a) too conservative in failing to take advantage of Code interpretations that you may be entitled to or (b) too aggressive with Code inter- pretations putting your proj- ect at risk. Third, the design professional may be too quick to suggest a waiver rather than pursuing an interpreta- tion or a design alternative that provides for regulatory compliance. Someone on the team should question each waiver. An unneeded waiver request can make approvals more difficult to obtain and make your project susceptible to challenge. Approval Review Internal and municipal re- cords of past approvals should be reviewed. This can reveal contentious issues from the past, how various Codes were applied and whether there are any conditions of approval that affect your project. Amu- nicipal file review will ensure that you have the information available to the municipality an overview of the Rehabilita- tion Plan by Francis Reiner, PP-LLA, DMR Architects , who worked with the city, in- cluding members of the Upper Main Street Business Alliance, to develop the plan. The plan, which encompasses 163 acres, includes strategies to revital- ize the downtown, such as im- provements to infrastructure,
and any objectors. Application of Regula- tions There is often an urge to rush to meet with the local municipality to discuss the project. These meetings may be for the purpose of getting a reaction to your plan and being “told” what the requirements are. While early municipal insight is valuable, doing so prematurely can hamper your efforts. As a general rule I do not engage with the municipality on the project specifics until a thorough Code and approval history review are complete. These reviews should flag issues to allow you to strategize with your team on the desired results. Armed with that information you can set the agenda for the meeting and work towards the results you want. This is preferable to the “hat-in hand” approach of being “told” what the require- ments are. Employing these early steps should help you meet your objective –getting your project approved on-time, on-budget and without unacceptable conditions. George Broseman is a prin- cipal in the LandUse, Zoning & Development department at Kaplin Stewart. ■ residential, retail and enter- tainment options and parks and open space. The presentation also in- cluded details of Hackensack’s inherent assets for develop- ment, including proximity to NY, accessibility to major highways and public transpor- tation, and surrounding major retailers. ■
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on-line can be challenging. Hitting snags in the entitle- ment process c a n kn o c k y o u r p r o j - ect off track. This article d e s c r i b e s some ear l y
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George Broseman
steps you can take to help avoid snags in the entitlement process. Let’s start with your objec- tive. You need to have your project approved on-time, on- budget and without unaccept- able conditions. Under the law a governmental agency is required to approve a project if it complies with applicable regulations. Therefore, where possible, your plans should comply. This sounds simple. But how do projects get off- track? In my experience proj- ects get off track by (1) failing to conduct an independent Code review; (2) ignoring past approval history, and (3) allow- ing governmental officials too much latitude in applying the regulations. Code Review Once a conceptual plan is HACKENSACK, NJ — The City of Hackensack welcomed major developers from the state of New Jersey to the Stony Hill Inn in Hackensack to learn more about the City’s Down- town Rehabilitation Plan, de- veloped by DMR Architects . More than 60 developers and organizations attended the meeting, which included
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Hackensack rehabilitation plan attracts developers
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