Land Use and Zoning

Land Use and Zoning Approvals

Whether the project involves a commercial or residential endeavor, land use and zoning issues can present tremendous challenges for all parties involved.  Regulations impacting land development planning and zoning exist at the local, state and federal levels. These regulations are often cumbersome and extraordinarily difficult to navigate without the guidance of a seasoned Land Use and Zoning and land use attorney.

The real estate practice at Einhorn Barbarito has a legacy of experience assisting clients with zoning and land use matters throughout New Jersey.  Our lawyers stay attuned to the latest developments in this changing area of the law and have vast experience working with zoning and planning boards.   We understand what the process entails at every level and work with our clients to find creative strategies to overcome any planning, zoning and permit issues that may stand in their way.

Scope of Our Land Use and Zoning Practice

At Einhorn Barbarito, our real estate practice covers the full spectrum of land use and zoning matters, including:

• Site Plan Approvals
• Variances (Bulk and Use)
• Subdivision Approvals
• Grading Permits
• Special Use Permits
• Environmental Issues
• Easement Disputes
• Litigation
• Retail
• Zoning Permits
• Challenges to Zoning Appeals
• Housing Developments
• Regional Shopping Centers
• Setback Variances

New Jersey Land Use Laws and Regulations

In the State of New Jersey, land use laws and regulations impact virtually every industry and sector of the economy.  Whether the project involves building a single-family home or a large, regional shopping center, zoning approvals are likely to be a necessary component of the project.   At Einhorn Barbarito, our lawyers are prepared to assist our clients in obtaining all the approvals they need, from local and county approvals to approvals from the Department of Transportation and the Department of Environmental Protection.  Our experience runs deep and encompasses all types of building projects that require a site plan or variance application.

It is important to recognize that under the New Jersey Municipal Land Use Law, every piece of property is treated separately.  This means that when you are going into a land use hearing and applying for approval of a site plan with a variance, you will have to prove all of the legal standards for the specific piece of property at issue.   You will not be able to rely on the fact that a similar application was approved for the property next door. Rather, you will have to identify all of your legal proofs as they relate to the particular property to justify your case.

At Einhorn Barbarito, we understand what the law demands.  We handle every land use and zoning matter on a case-by-case basis.  Each project is unique, and we perform an individual analysis to develop strategies that give our clients the best chance of securing the approvals they need.

Contact a New Jersey Real Estate Attorney for Assistance with All Stages of the Approval Process

While the objective is to move a project through the approval process as quickly and smoothly as possible, there are times when an approval is denied and an appeal becomes necessary.  In these situations, our real estate attorneys will aggressively advocate for the rights of our clients by filing a prerogative writ action in the New Jersey Superior Court. Additionally, our attorneys have represented parties objecting to land use and zoning applications, including filing appeals on behalf of objectors asserting that the board should not have granted the requested variance.

If you have a project that requires zoning approval or need assistance with any other type of land use matter, we encourage you to contact our real estate practice by calling 973-627-7300. Our senior partner, Theodore Einhorn, has been practicing zoning and land use law in New Jersey for 45 years. He has provided legal services to many companies, including Simon Properties Group, PNC Bank, National Realty Development, and Valley National Bank.