Common Issues During the Entitlement Process
A municipality grants real estate entitlements to allow the development of a piece of land or redevelop an existing building. These approvals can come from a variety of authorities having jurisdiction. Before construction, the developer must secure all required entitlements, including zoning, density, use, and occupancy permits.
The entitlement process can be long and complex, but it is the most important part of the development phase.
At Riise, we understand navigating through complex and subjective approvals is a fundamental step in advancing a project; that’s why we compiled a list of common issues during the planning and entitlement process.
Let’s take a look at some of the most common issues during the planning and entitlement process.
1. Permit Issues
Some regions are designated for very specific uses. Zoning codes do not apply in these circumstances. So, you may run into an issue similar to this. In that case, you may need to present a request at a public hearing where local residents and local businesses have the opportunity to state concerns and ask questions about your project.
You will need a building plan and permit to build on a property before the start of construction. This process comes after any zoning or rezoning approvals that occur first.
Permits ensure that commercial properties take the proper design measures to ensure safety and order in their area.
2. Zoning and Rezoning Approvals
A local development plan might not allow your project to go through, in which case you will need to ask the planning commission or city council to adjust the zoning code. Ordinances could be outdated for current land users and may require updating. This process could be simple, but the burden of convincing your local planning board as to why they should approve your zone change is entirely your responsibility.
3. Pay Attention to Technical and Environmental Studies
Specific studies conducted by the planning department can uncover unsafe conditions and cause developmental delays. An environmental or technical study can include; environmental site assessment, traffic impact studies, acoustical studies, biology of wetlands delineations, cultural and archeological studies, and determine how the project will impact the surrounding community.
In some instances, local utility providers, fire departments, parks and recreation, public transportation, and local government may need to approve your project and proposed design as well.
A board of supervisors will typically have the final say to approve the project.
4. Be Prepared for Costs
Costs can range from a few thousand dollars to hundreds of thousands of dollars when fully environmental mitigation is required. Your local planning department should be able to provide a list of costs related to the land entitlement process with that municipality. It’s essential to determine the budget for your project by discussing it with your city planner and land use attorney ahead of time.
5. Expect Delays
Planning departments can take a while to process Entitlement Applications as they need to be carefully reviewed and examined. This process can take anywhere from a month to a few years, based on the project’s scope. Studies are required and are conducted by independent consultants who will look at everything from air quality to transportation issues. A project could be denied or delayed. New legislation or strict zoning code can also cause a delay.
Final Thoughts
The entitlement process is a crucial step to acquiring and developing a property. Entitlement approvals protect your investment from suffering unforeseen ordinance or variance changes once approved and/or constructed. The process can be lengthy and challenging, and often it’s best to get some assistance from professionals.
At Riise, we take great pride in meeting the highest industry standards. We understand the regulatory and political details required to draft a comprehensive entitlement roadmap. We know how to optimize the value of a property while providing responsive, quality development consulting. Contact us today to learn how we can help you navigate the entitlement and planning process.