TheMinistryCafe

To develop property in most areas, you will be subject to municipal zoning and planning regulations. Most states have proffered a proto-typical municipal planning code or ordinance. The purpose is to provide for the orderly development of municipalities within the state and on the state level. These are simply guidelines to assist the municipality in adopting its own zoning and land development ordinance. It is on the local level that these become law; however it is on the state court level that the law may be appealed or ordered to be enforced. These regulations can govern everything that is done on any property in terms of construction development, and determine what uses are permitted. Much on this topic has already been covered under Site Selection. Since zoning is covered in this link – including problems in dealing with your municipality – this section focuses more on land planning issues and the steps typically needed to obtain the full approval to develop your property. To differentiate between the zoning requirements and the land development requirements it may be helpful to think of them in this regard: 

• Zoning is a legal regulation 
• Planning is a guideline against which a proposed development will be evaluated. 

 

There is often overlapping between these different ordinances. For example, a zoning regulation may determine the number of parking spaces needed for a particular use, whereas the planning ordinance may describe the size and construction of these parking spaces. The size and construction are a guideline that the Township government has the option to allow you to vary from. The planning may use 24’ as the desired width for a driveway, but the government has the right to accept a smaller width drive if they deem it appropriate for a specific situation. If, on the other hand, this driveway width were a zoning regulation, then the church or applicant would have to go through a legal hearing to permit a variance from this requirement. The land planning ordinance provides the guidelines for the civil engineer to use in developing detailed construction design for the property. Falling under these guidelines are usually such things as landscaping, lighting, curbing, storm water retention basins, maximum slopes of embankments, paved surfaces, etc. It is the responsibility of the civil engineer to detail the construction of the site in such a manner that it addresses all of these requirements, as closely as practical, through the guidelines established in the ordinance. For this reason it is strongly recommended to work with a civil engineer that is familiar with the municipality, their ordinances and the procedures they require in order to obtain plan approval. Depending upon the jurisdiction, the process to obtain plan approval may take anywhere from three months to two years. Reviews may be required of the design plans from various agencies from the State, County and local level. In some jurisdictions these approvals need to be obtained before the local municipality will take action on the plan. Furthermore, there is usually a local advisory Board, often called the Planning Commission, which evaluates each proposal in conjunction with an advising engineer. They then make a recommendation to the municipal governing body regarding the plan in its entirety, and specific elements therein. It is generally not advisable for a church to attempt on their own to obtain the necessary approvals for their development. Hiring a knowledgeable real estate attorney and civil engineer will help to ensure that all municipal requirements have been properly addressed and will generally enable the process to occur in the most expedient manner.