Navigating the Maze: Municipal Entitlements in New Jersey

In New Jersey, "home rule" is king. Every municipality has its own master plan, zoning ordinance, and political nuances. Successfully entitling a project requires more than just good architecture—it requires a deep understanding of the Municipal Land Use Law (MLUL).

Site Plan Approval: The Baseline

Every development project (other than a single-family home) generally requires Site Plan Approval. This is the technical review of your project's layout, drainage, lighting, and landscaping.

• Minor Site Plan: For smaller projects. Often faster, no public notice required (in some towns), and administrative approval is possible.
• Major Site Plan: For larger developments. Requires a public hearing, notice to neighbors within 200 feet, and a full professional review.

The Variance Game: "C" vs. "D"

Rarely does a project fit perfectly within the zoning box. When you need relief, you need a variance. Knowing the difference is critical.

"C" Variances (Bulk Variances)

These are for dimensional relief—setbacks, height (under 10%), lot coverage, etc. They are heard by the Planning Board.

• C-1 (Hardship): The property's shape or topography makes compliance impossible.
• C-2 (Flexible): The benefits of the deviation outweigh the detriments (e.g., better design).

"D" Variances (Use Variances)

These are the heavy hitters. They are required for uses not permitted in the zone, density increases, or height increases >10%. They are heard by the Zoning Board of Adjustment.

To win a "D" variance, you must prove:

1. Positive Criteria: "Special reasons" exist (e.g., the site is particularly suitable for the use, or the use promotes the general welfare).
2. Negative Criteria: The variance won't substantially impair the zone plan or cause substantial detriment to the public good.

Note: "D" variances require a supermajority vote (5 out of 7 members).

The Process: Step-by-Step