Legal Question in Real Estate Law in New Jersey

preliminary site plan approval

when a preliminary plan is approved is it automatic providing that i do what is in my frame work to be done that a final site plan is approved.or can the board denie it any way


Asked on 4/03/09, 8:33 am

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

Re: preliminary site plan approval

A preliminary plan is just a piece of paper. Any approvals come in the Resolution of the board dealing with the paper. So, you need to read the Resolution.

That said, my experience is that preliminary plan approval normally constitutes permission to proceed with the improvements and changes that the plan shows unless there are reservations on the drawings or in the Resolution. Frequently, the final plan is simply an "as built" version of what was on the preliminary with, of course, another opportunity for everyone concerned to review, sign, and charge another fee.

If you have a specific problem, check with the building inspector before you commit funds to the work. He or she might not be the final word, but it's certain that if the building inspector is unhappy, you will be too.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 4/03/09, 11:59 am


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