The process to obtain zoning and land use permits and approvals to construct or expand a commercial/industrial property in Pennsylvania requires an experienced attorney to “quarterback” the process. Preparing a “game plan” with action steps and a timeline for each task is a good place to start.

The following is a general summary of the work required to obtain zoning and land use approvals for new or expanded commercial buildings in the Pennsylvania suburbs under the Municipalities Planning Code:

Phase 1: If you do not already own or lease the land, then negotiate and prepare an Agreement of Sale or Lease. It is necessary to include contingencies for the required zoning and land use approvals.

Phase 2: Order a title search and complete a survey of the property (including the notation of any title exceptions, such as setbacks and use/development restrictions). Order a PINDI and, if applicable, complete an environmental investigation of the property (including a wetlands assessment, flood plain study, and other similar environmental assessments that may impact the development area). Consider filing for a jurisdictional determination with the Army Corps.

Phase 3: Investigate the status and availability of public sewer, public water and other utilities to service the project. Request “will serve” letters. If no public sewer or water is available, investigate the ability to service the improvements with on-lot facilities.

Phase 4: Complete an engineered sketch plan for the project and identify the required zoning and other relief for the proposed improvements (including any rezoning, text amendments, overlays, conditional use, variance/special exception relief under the zoning ordinance and the waivers under the subdivision/land development ordinance). If necessary, obtain interpretations from the municipal zoning officer.

Phase 5: Present an engineered sketch plan and required relief to the municipal staff (modify as required), then go to the municipal planning commission and the governing body for comments. If located on a state road, reach out to PennDOT for input.

Phase 6: Consider presenting the proposed project, after modifications in consultation with municipal representatives, to the surrounding neighbors and/or local community association.

Phase 7: File an application with the Zoning Hearing Board for any required zoning relief, then prepare for and attend hearings to obtain this relief. If required, file for rezoning, overlay zoning, text amendment or conditional use approval with the governing body.

Phase 8: Meet with municipal or authority representatives to finalize details as to the availability of public water and sewer service. Negotiate agreements to reserve or purchase capacity. Complete traffic impact study.

Phase 9: File an application with the municipality for preliminary land development approval for the proposed project. Copy to County Planning Commission.

Phase 10: Attend meetings with municipal staff, the municipal planning commission and the governing body to obtain preliminary land development approval.

Phase 11: Attend pre-application meetings with DEP, PennDOT, Conservation District and other local, state and federal agencies concerning the proposed project; then file applications for required permits and approvals (including HOP permit, NPDES permit, adequacy letter, planning module approval, general permits, etc.).

Phase 12: Work with the municipality and all applicable local, state and federal agencies to satisfy all conditions of preliminary plan approval.

Phase 13: File an application with the municipality for final land development approval. Copy to County Planning Commission.

Phase 14: Work with the municipality and all applicable, local, state and federal agencies to satisfy all of the conditions of final plan approval.

Phase 15: Work with the municipality and other agencies (such as PennDOT, sewer authority and water authority) to finalize all development, escrow, easement and other agreements required to record the land development plans.

The above represents a preliminary and general summary of the work that will be required to obtain zoning and land use approvals in Pennsylvania. Our Zoning and Land Use Group has a team of attorneys and paralegals that can assist with your next project, including the recommendation of engineers and other consultants. For more information, and to connect you with the appropriate attorney and paralegal best suited for your project, please contact Robert W. Gundlach, Jr., Co-Chair of the Real Estate Department and Co-Chair of the Zoning and Land Use Group, rgundlach@foxrothschild.com or (215) 918-3636.