The purchase of an empty lot brings with it many possibilities for development. The size of the empty lot determines potential uses. Lot dimensions are found on property search records provided to you after the sale was completed.

From Empty Lot to Residential Subdivision

You will need permission to develop an empty lot into a subdivision. This approval comes from the municipal zoning board.

You are required to present residential subdivision plans in entirety and be able to respond to zoning board questions regarding specifications outlined in your subdivision plan.

The Zoning Approval Process

Depending on the arrangements of the individual municipality, you must appear before the zoning board after you have formally presented your subdivision application to the municipal planning board or zoning officer.

You need to provide several things along with your application to meet municipal land use laws in place for the particular municipality. These include legal standards of proof, entitlement to the specific application requested and ability to prove necessity for variances, if applicable, before approval is granted.

It’s also important to have an environmental engineering firm  perform an environmental site assessment to ensure property soil is not contaminated and the subdivision does not inhibit or restrict natural flow of local streams, ponds and waterways or environmentally protected flora and fauna past property lines.

Meeting with the Zoning Board

You will receive notification of the date your application will come before the zoning board and your appearance to discuss specifications and potential need for a variance to go from empty lot to residential subdivision.

At the time of the zoning board meeting, it may be beneficial to have a real estate legal adviser accompany you in the event there are any legal issues that arise. For example, land use impact of subdivisions in residential areas where multiple homes on an empty lot may pose a traffic risk or driveways that will obstruct free access to streets and roads.

Many land developers today rely on a white board and video maps to detail the issues of multiple home impact in residential areas. This helps show zoning board members in real time an image of the subdivision.

Waiting for Zoning Board Approval

If all of the work of gathering data on the planned subdivision has been presented to the zoning board, there will be a public hearing after all of the residents located in the area of the planned subdivision are notified.

If there are no objections from the public and all of the data is without error or flaw, the zoning board may approve by the time of the third meeting after the initial presentation. A permit to subdivide and construct will then be issued.

Though the process to go from an empty lot to residential subdivision may seem lengthy, the amount of effort put into the preparation to apply for a municipal permit can decrease zoning board approval time.