One of the most satisfying land use endeavors is to restore a vacant, former industrial or underused property to its former beauty, or a modern version thereof, and have the property used productively again. Increasingly, visionary developers are embarking upon redevelopment projects. Such projects are beneficial to the community because, in addition to being attractive, they often return properties to the tax rolls or increase revenues from underperforming properties. Redevelopment has rewards, but it also faces some daunting challenges. First, such projects face increased costs from the need for demolition or restoration of existing buildings. Second, there are often costly environmental clean ups required for former industrial or other commercial sites. Next, zoning ordinances are generally written as if the project is starting in a green open field rather than in an already-developed setting. Therefore, zoning ordinance amendments or zoning variances are often needed. This adds costs to the project as well as prolongs it. Finally, redevelopment often involves a historic resource that may have experienced demolition by neglect. The tension between the cost to restore the resource and the reality of the economics of the project create significant challenges. The decision on the fate of historic resources generally involves review and recommendation by a Historical and Architectural Review Board whose members are typically not persuaded by economic consequences of restoration. Such consequences can, however, threaten the project and result in no new development. In most instances, the parties are able to reach a solution that is feasible and respects both the value of the historic resource and the importance of the project. Successful redevelopment requires patience, perseverance, commitment and an experienced team usually comprised of an environmental consultant, land planner, architect, lawyer, traffic consultant, and contractor. In addition, a historical consultant will be required to properly document any historic resources and opine on their historic value. The first step in a redevelopment project is to reach out to the community. Start with the municipal staff and learn about any neighborhood associations or advocacy groups and the issues facing the community. Invite neighbors to a presentation about the project. Whether they evolve into friend or foe, a proactive approach to the persons most affected by the project is always the right strategy. After meeting with neighbors, the municipal governing body should be briefed on the project and an application should be made for whatever zoning relief is needed. The redevelopment will likely require an approvals process, such as conditional use, that will require public hearings. If there is opposition to the project, the hearings can become quite protracted. It can take a year or more just to get the zoning ordinance and zoning approvals in place. Then the application for land development plan approval can be made. Once a developer gets to this step, it is fairly certain that the project will be built. The tension between a desire to keep things the same and a longing to make tomorrow better is perhaps nowhere as acute as in redevelopment. This makes the process more expensive and time consuming. It is not for the faint of heart. But when a former eyesore, and even a blighted property, becomes a thriving, productive, and popular community asset, it will have been worth the journey. MacElree Harvey Speak with a licensed attorney about your own specific situation. © Copyright 2008 MacElree Harvey, Ltd. All rights reserved. |
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