Navigating Entitlements in NJ: A Pre-Construction Guide
Part 1
Before construction can break ground in New Jersey, owners and prospective developers must first navigate a complex and time-consuming web of regulations, permits and approvals. Whether purchasing land or developing owned property, owners must perform due diligence to ensure the site is viable for development and meets business current and future needs.
During this early due diligence and conceptual stage, a team of professionals will gather reports and conduct studies to understand the site’s yield and limitations, identifying physical, legal and environmental constraints early. The goal is to understand yield considering business objectives, and to confirm the project is not only feasible but smart to pursue. This will help determine whether the site and project meet business objectives, local regulations and “pencils” financially.
Skipping this step or moving forward too quickly can result in costly setbacks, potentially jeopardizing the investment. While this process can take 2 to 5 months and cost upwards of $50,000, it lays the groundwork for success and significantly reduces risk for owners and developers before any formal site plan applications are filed. Here is an overview of what to expect before ever applying for a formal approval.
Phase I: Due Diligence & Conceptual Planning (2-5 months)
Key components:
- Land survey: A detailed boundary and topographic survey that informs design (more comprehensive than typical real estate transaction surveys)
- Property constraints or constrictions: An updated title report / title policy
- Zoning analysis: Evaluate zoning regulations and their alignment with the intended use of the property
- Environmental constraints:
- Wetlands delineation (by qualified professionals)
- Flood hazard analysis
- Phase I Environmental Site Assessment (ESA) for contamination issues
- Geotechnical report: Preliminary soil analysis of infiltration rates and bearing capacity
- Utility will serve letter: Collect availability of utilities to the site
- Schedule and budget: Develop preliminary pre-construction timeline and budget
Based on these findings, owners can determine whether to proceed with the project. If the site passes this phase without major red flags, the next step is to prepare for formal site plan approvals.