Real Estate Development – What is a right and why do I need it to build?

What is a right?

The definition of right with respect to land development is the legal method of obtaining approvals for the right to develop property for a particular use. The entitlement process is complicated, time consuming and can be expensive, but knowing what you can and cannot do with a property is vital to determining the real estate viability of your project. Some examples of rights are the following:

Examples of rights:

1. Zoning and zoning variances for building heights, number of parking spaces, setbacks. Your land use attorneys and zoning experts come into play here. My advice is to place a lot of trust in his experience and follow his instructions to avoid unnecessary delays in your approval process.

2. Rezoning. Depending on the current permitted use for the property, you may need to rezone the site, which is a complicated process and sometimes cannot be done.

3 Use Permits. You may need to obtain conditional use permits and this goes hand in hand with zoning and zoning variances.

4. Road approvals. Do you need to put on existing roads? Who maintains the roads? Are there shared paths through easements? These are all questions that you need to have the answers to and be prepared to comply with in the regulatory process.

5 Utility Approvals. Are there utilities available for the site? Do you need to donate land to the city in exchange for utility rights? Again, you will need to comply with municipal rules and regulations.

6. Landscaping Approvals. City planning and development agencies must also approve its design and landscaping. Your architect and engineers will be of great help in this area.

Hire an experienced development team:

The best advice is to hire an experienced development team of architects, developers, lawyers, project consultants, engineers, and civil, soil, landscape, and structural consultants from the outset to help you analyze, review, interpret, and advise you regarding the studies. design, applicable zoning. and code requirements, and the maximum development potential of the property. Without an experienced team, it is extremely difficult and a lot of time will be wasted trying to complete the regulatory process because the very nature of the regulatory process is so complicated.

This is how the process works. First, remember to keep in mind that the process is very slow and frustrating and can take anywhere from 3-12 months or sometimes years depending on how complicated the project is. Part of the reason is that each developer has different interpretations of the local rules for him. Today, approvals involve overlapping jurisdictions, such as city, county, and state, and these jurisdictions do not communicate with each other. It is extremely crucial that you establish good working relationships with these planners in order to get their approval. Again, this is why you need to work with a development team that has already established these relationships with local staff from the local jurisdiction where your property will be developed. These relationships will expedite and help speed up your approval process. Their experienced team of experts will be able to negotiate the issues for you and weed out additional requests from the local jurisdiction to avoid further delays in getting your approvals.

regulatory process:

Most development projects must go through certain aspects of the rights grant process, and some projects will have to go through various public hearing processes for approval, depending on the rules of each jurisdiction. To begin, commercial land development requires review and approval by the local Development Review Board or the Review Division of the Planning Department. Each municipality has a different name but the functions are similar.

1. The process begins with obtaining site approval from the local Department of Planning and Development. By contacting the local Department of Planning and Development’s Review Division, their team of experts will develop a pre-application for land use that is compliant with the codes of that particular jurisdiction. By complying with the codes, this will eliminate additional requests by the jurisdiction, additional review and extension, and unnecessary delays from the approval process.
2. A meeting date will then be set. You and/or your representatives will meet with the Planning Department to discuss the proposed project and the review process. The process includes approval of the site plan, elevations, colors, landscaping, neighborhood map, etc. Environmental information must also be submitted. There is usually a fee that accompanies the application. Fees vary from jurisdiction to jurisdiction.
3. If for any reason your site plan is denied, you can appeal to City Hall. The appeal process varies from each jurisdiction.
4. Once you get site approval, you’ll need design approval and master use permits. The design approval process is where your architect will design the building structure, core layout, exterior appearance, building height, site design, landscaping concepts, traffic impact, site access, and utility designs and submit them for approval.
5. Neighborhood hearings are generally required for all general plan conditional use permits. You may be required to provide written notice or post information on the site. Typically, the City will also send out notices to residents. Signs must be posted on the property and an open house is usually held. Your development team will be instrumental in advising and assisting you so that you have a higher chance of success in gaining neighborhood approval. Be prepared, even if you comply with the codes and regulations of the regulatory process, there is always the possibility that the neighborhood has its own agenda and that hearings and decisions may not be favorable to moving your project forward. This is where the experience and involvement of your lawyers and the rest of your development team is crucial.

If there are wetlands on the property, you will need special documentation indicating whether or not the Wetlands Act applies. Doing so will result in a significant or insignificant impact as granted by the evidence of a permit. Sometimes it is better to set aside or donate the wetland portion of the property and avoid development problems. Your development team will be able to help you with the best course of action once they have evaluated all the information and reviewed the reports.