Living on a private road has some unique advantages. A private road offers more privacy and less noise and traffic. However, living on a private road in New Jersey does present a land use obstacle that people residing on a public road do not have to deal with.
In New Jersey, no municipality can issue a permit to build a new home or enlarge an existing one if the property does not front along a public road. So, what does a person do if he owns property along a private road and wants to build a house or expand an existing one? Under the Municipal Land Use Law (“MLUL”), he is obligated to apply to the Board of Adjustment for a planning variance, also known as a Section 36 variance.
Unlike the grant of a use or bulk variance, which can be more subjective, the criteria for granting a planning variance are more defined. Section 36 of the MLUL authorizes the issuance of the building permit if the board finds evidence confirming that the private road will afford “adequate access for firefighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety”. The owner can typically gather this evidence by asking the local fire department, rescue squad, and police to prepare written reports confirming that the private road is wide and stable enough to accommodate their vehicles and that there are no other impediments that would hinder vehicular access. If such evidence is presented at the public hearing, boards typically award the planning variance.
If you have questions about applying for a planning variance or any other land use approval, please contact one of the lawyers at Lavery, Selvaggi & Cohen and speak to them about what to do. Our lawyers have successfully handled a wide variety of land use issues and have the experience to offer the appropriate advice to assist you.