Six Tips for Maximizing Success with Local Officials

By Dennis R. Baldwin

	Dennis R. Baldwin is a land use and development attorney for Mackenzie Hughes LLP in Syracuse, N.Y.

Over the past 35 years, I have worked with many high-profile commercial developers, and one of the most common obstacles they encounter with local officials is inaccurately assessing or underestimating the challenge. Far too many struggles - when facing concern or opposition from town officials and surrounding neighborhoods - could have been avoided if they had considered some basic precautionary measures. In my experience, there are six basic things developers need to do to maximize success with local officials.

1. Create a professional team of consultants. Creating a competent and reliable team of consultants that includes a lawyer, surveyor, architect, engineer, traffic consultant, etc., is one of the most important things developers can do to maximize success with local officials. Each team member should understand the project thoroughly, recognize how the project will affect and benefit the community and, preferably, be viewed favorably by local officials. Team members should also scan the local environment and know what potential opposition could arise as a result of the project. Legal issues must be assessed and decisions on how best to present the project to local officials should be determined.

2. Meet the local code officer and other appropriate officials. Before submitting any formal applications, meet informally with the local code officer, the municipal attorney and other appropriate local officials to better understand their “right to build” process, the applicable law, the “politics” involved, and the possible opposition. Meeting with these officials will help the team confirm what the required approvals are, give insight into any other special circumstances involved and otherwise assure that the team understands the “rules of the road.” Developers have many questions and should consult the appropriate officials early in the process, so all bases are covered.

3. Work with professionally prepared plans. Always use professionally prepared plans that present your project in a favorable and accurate way. Having a professionally prepared sketch plan available when meeting informally with local officials helps to create a good first impression and sets the stage for a more productive relationship.

4. Prepare and submit the applications. After meeting with the local officials, it is time to prepare and submit the necessary applications. Prepare the applications with great care and submit only the applications that are accurate and are likely to move the project in the right direction. Know the law and approval standards pertaining to the project, and keep on top of the status of the project at all times. Do not hesitate to call the municipal attorney for guidance and advice, and keep local officials notified of any significant changes in the plans.

5. Work with the community. If there is opposition to the project, it is important to try and work with the community to minimize concerns and take pressure off the municipality. This can be done by listening to concerns individually, or at local meetings, and then honestly attempting to answer questions. Appropriate mitigating measures should be incorporated in the project to the extent feasible. Ignoring the concerns of the community will only make matters worse.

6. Present the project to the local board. When appearing before the local board, maintain credibility at all times. Do not make promises that cannot be kept. Be prepared and strive for a win-win resolution for the community and the developer. Although you will want to put your case in so as to build a good record for appeal in case you lose, don’t do it in an aggressive way as to develop distrust between the developer and the municipality.

Once the project is approved, it is critical to do what was promised. A well-built project is a great advertisement for the next application, but failure to do what your approvals call for will almost certainly jeopardize future successes with local officials.