Every New Jersey municipality has its own zoning and planning laws to regulate construction and development. The implementation of these laws can be tricky.
Fortunately, for our clients, Weiner Law Group LLP has the knowledge to guide our municipal clients to ensure all Ordinances enacted and decisions rendered are compliant with state and federal laws.
At Weiner Law Group LLP, our land use lawyers represent municipal planning boards and zoning boards of adjustment with issues involving land use applications, permits, approvals, and variances — and we’ve been doing so since 1988.
Every New Jersey municipality has its own zoning and planning laws to regulate land uses, construction, and development. The implementation of these laws can be tricky.
Fortunately, for our clients, Weiner Law Group LLP has the knowledge to guide our municipal clients to ensure all Ordinances enacted and decisions rendered are compliant with state and federal laws.
At Weiner Law Group LLP, our land use and zoning lawyers in New Jersey represent municipal planning boards and zoning boards of adjustment with issues involving land use applications, permits, approvals, and variances — and we’ve been doing so since 1988.
If you would like to speak with us about planning boards, zoning boards, permits, etc, please contact us today.
Common Legal Issues for Planning Boards and Zoning Boards of Adjustment
In New Jersey, planning boards and zoning boards play a critical role in local land use decisions. Their responsibilities frequently come with a host of potential legal issues. Recognizing these challenges is the first step for board members to make informed and lawful decisions. Let’s discuss these issues in greater detail.
Variances and Special Use Permits
One of the primary functions of zoning boards is to consider requests for variances from the existing zoning laws and special use permits. Legal issues can arise if public bodies grant or deny variances or permits without proper justification or adherence to legal standards.
Boards must ensure that their decisions on these matters align with both local zoning ordinances and state laws. However, ensuring this compliance is much harder to do in reality because of the constellation of different circumstances and considerations that come into play.
Land Use Appeals
Whenever a zoning board or planning board decides on an application for a variance or special use permit, legal challenges can follow. Petitioners can appeal to the New Jersey Superior Court in their local county.
There, they may allege that a board used an improper or unfair decision-making process. Alternatively, the petitioner can claim that the board’s decisions were made without sufficient evidence or justification.
If they are not satisfied with the Superior Court’s decision, parties can then take their appeal further. The appeals process can last well over a year in some cases. Regardless of the appeal length, a board often requires extensive legal assistance to prevail.
Conflicts of Interest
As key local officials, board members must avoid conflicts of interest in their decisions. Any member who has a personal or financial interest in a matter should recuse themselves to maintain impartiality and prevent legal complications. However, resolving these conflicts becomes more difficult when multiple members have conflicts and when members have more indirect conflicts.
First Amendment Issues
Although most people consider board decisions to affect only property interests, the truth is that these decisions extend to many other areas of law. Decisions by zoning boards can often implicate First Amendment rights.
Examples include cases involving signs, billboards, or religious institutions. Consequently, boards need to be cautious and consult legal counsel when their decisions affect these rights.
Environmental Concerns
An intricate network of federal, state, and local environmental regulations apply in New Jersey. Because of the potential environmental impacts of board decisions, members need to consider these regulations while making their decisions. Examples of potential environmental challenges include wetland preservation, flood control, pollution, and chemical contamination.
Discrimination Claims
Regrettably, countless municipalities have used zoning regulations to oppress racial and ethnic minorities. While such obvious discrimination is now illegal under laws like the Fair Housing Act, zoning decisions can still have far-reaching effects on the civil rights of ethnic, religious, and racial groups. Therefore, boards must be vigilant about the civil rights implications of their decisions.
Given the wide range of potential legal issues confronting boards, board members must engage with knowledgeable legal counsel. Doing so not only avoids potential legal pitfalls but also generates better outcomes for the community as a whole.
We Are Committed to Helping You Uphold the Law
The job of the planning board and zoning board of adjustment is often thankless. Landowners, developers, and financiers alike often end up at odds with the board over perceived misapplications of the law or unfair treatment.
We are committed to successfully representing public entities in such matters as:
- Board meeting representation. Our attorneys provide legal presence at board meetings to help guarantee that they adhere to all normative and legal standards. In turn, such representation helps maintain the integrity of the board’s proceedings and produce all legally sound and defensible actions.
- Zoning and land use planning. We offer assistance in zoning and land use planning, helping boards to develop plans that are not only compliant with legal requirements but also reflective of the community’s needs. This task can be quite difficult since it involves a careful balance between development goals and regulatory mandates.
- Master plans and subdivision control. Our team assists in the creation and implementation of master plans and oversees subdivision control. Doing so helps long-term planning and development projects comply with all applicable regulations and any sustainability initiatives.
- Development and redevelopment concerns. We address all legal aspects of development and redevelopment projects. We’re familiar with all kinds of projects, including office buildings, mixed-use developments, and industrial parks.
- Building code and zoning enforcement. Securing compliance with building codes and zoning laws is vital for minimizing legal liability and guaranteeing the prosperity you deserve. Our attorneys aid in the enforcement of these codes and laws so that your projects uphold all regulatory standards and protect public safety.
- Site plan and subdivision review. Our skilled attorneys conduct thorough reviews of site plans and subdivisions. This scrutiny is essential for preventing future legal disputes and fostering orderly development.
Weiner Law Group LLP is dedicated to representing local zoning and planning boards of adjustment and offering them responsive, cost-effective legal services.
Other Services We Offer
We also tackle a multitude of smaller matters:
- Conditional use applications. We represent your interests in front of planning boards while they review and decide on conditional use applications.
- Variance requests. Handling variance requests requires a deep understanding of zoning laws. Our attorneys provide this, maximizing the chances that the applicable grants your variance (including “C” and “D” variances) while upholding the law.
- Nonconforming uses. Perhaps one of the trickiest areas of zoning law, we assist in addressing all kinds of issues involving nonconforming uses. Whether you need to expand, establish, or maintain a nonconforming use, we’ll aim to produce your ideal outcome.
- Appeals. In the event of legal challenges or appeals against a decision, our attorneys provide robust legal representation to support the board’s decisions. Alternatively, we can pursue an appeal against a board’s decision if that decision has harmed your interests.
These are just a small sampling of the issues our zoning attorneys can handle. If you have any questions, give us a call today to assist you.
Helping Public Entities Build a Better Tomorrow One Day at a Time
Now you know the answer to several key questions like, What is zoning? But that’s only the beginning of your legal journey. Take the next step and get the legal representation you need to maneuver your New Jersey zoning law issues.
Weiner Law Group LLP is an expanding, comprehensive law firm, boasting a team of over 60 skilled attorneys across eight locations throughout New Jersey.
We have a strong, well-respected litigation practice and offer public entities sound, practical legal advice that’s defensible and cost-conscious. From defending board decisions to representing municipalities in code enforcement proceedings, our attorneys take pride in helping public entities build a better tomorrow.
And unlike the competition, our firm dates back to 1988. Consequently, we bring a wealth of experience to the table because we’ve worked with a diverse array of clients and have tackled a wide range of legal challenges.
Over the years, we’ve helped over six thousand clients. Join their ranks today. Find out more about how Weiner Law Group LLP is ready to go above and beyond for your planning board and zoning board of adjustment.
Call our office in Parsippany at 866-899-1138 or contact us online to schedule an appointment with an outstanding zoning attorney.