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How To Understand The Pre-building Approval Process
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Business New Haven
11/11/2002
By: Karen Singer
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You're considering purchasing property to move your rapidly growing business to a new location. You've located a likely site via the Internet, by word of mouth, or through a realtor.
Before plunging ahead, however, it's important to find out in advance not just what approvals are needed and how the process works, but also as much as you can about the property. All too often, say real estate advisors, small businesses don't do their homework and learn belatedly they can't build what they want because the site isn't suitable. Horror stories abound. A company, for example, buys two acres for a 20,000-foot new manufacturing facility, but half the area turns out to be wetlands, the other half is a steep hill and there's no sewer.
Trying to salvage such a disaster may require additional approvals, designs and attorney's fees.
Although state and federal regulations regarding construction are fairly standard, local requirements, procedures and governing bodies often differ, depending on the town.
New projects typically need to be approved by a town's wetlands commission and planning and zoning board, and a variance will be necessary if your proposal doesn't fit existing regulations.
State and federal agency approval also may be necessary for larger projects. The Department of Environmental Protection becomes involved, for instance, if more than a quarter of acre of wetlands is to be disturbed, or for water quality approval for more than five acres.
Because many building projects require the purchase of land, often contingent on wetlands and other approvals, doing your pre-approval homework becomes even more critical.
Here are a few ways to help make sure you buy the right property:
- First you need to pinpoint the wetlands on the site. Subject to regulation by the local wetlands commission, these are identified by soil type and vegetation. Wildlife may also be a factor, particularly if endangered species are on the site. Hazardous materials also should be ferreted out as much as possible in advance. If the property was used for farming, for example, it's not unusual to find lead, cadmium or other hazardous chemicals, which must be removed before building can begin. The Department of Environmental Protection oversees such efforts. The DEP also must be notified if other hazardous materials turn up during the construction process.
- The key is trying to find out as much as possible even before shelling out a few thousand dollars for an environmental impact study, which is a necessary part of a town's wetlands – and often lending institution's – application, and a geotechnical study, which may also be required.
- Based on boring soil samples at various depths, the geotechnical study analyzes such samples to identify the structural stability of the soil.
- Research town records for any available surveys that could include town wetlands maps, state soil maps and other maps showing watercourses and ponds. Better yet, ask your realtor to supply these documents. Review the records, then introduce yourself to the local wetlands enforcement officer and building inspector, who can fill you in about soil and structural conditions.
- Talk to business owners who have built in the town. They know the players, and that's a big part of it.
- You might also want to establish a relationship with a site designer and a civil engineering firm to provide a preliminary evaluation.
- Another factor to consider is whether a public hearing is required for approval. Learn the history of the area where you hope to build, and find out whether there may be opposition from local residents and businesses. If you're trying to establish a business near a residential area, for instance, you may run into resistance. Recreational facilities also seem to generate a large amount of opposition because of traffic concerns. Be aware that a proposed building with more than 150 parking spaces may require state traffic commission approval.
- Advance knowledge of a potential threat will enable you to develop a marketing strategy to help sell the project to the locals, which could include going door-to-door to explain your plans.
- What's most important is to do as much as you can in advance of submitting your application. Thoughtful pre-planning can save time, money and aggravation.
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