Subdivision Pre-Application Meetings

Getting On The Good Side
Of The Planning Department Before Plat Submittal

There is nothing that can get a raw land development application off to a fast start than a solid Pre-Application (Pre-App) meeting. Experienced land developers know this and prepare thoroughly.

Let’s use a hypothetical example where the Department of Planning and Development Services (PDS) of the county is the permitting authority and the civil engineer is preparing to submit a subdivision application to create residential building lots. Here are some considerations to work efficiently with PDS and avoid unnecessary problems.

Pre-Application Meeting

The pre-app meeting can avoid a key frustration of every head planner and staff in the planning department – the developer who didn’t take something into account as part of the submitted application and now they have to come back at you for it. The developer’s engineer and every key consultant should be present. This key step can ensure that the formal application, when submitted, is thorough and complete.

Who Would These Key Consultants Be?

Your engineer will know the key concerns of the project from a review standpoint and will tell you what other sub-specialists on your team need to be in attendance. Let’s say that there is a concern on the team that the county may require signalization at a certain off-site intersection, or possibly a turn lane. In this case we would want our traffic engineer at the meeting to negotiate the scope and extend of any off-site traffic study that might be required for the full application. Another example might be to have the wetland consultant at the meeting to review the already classified wetlands to show that the site plan buffers for the proposed lots are sufficient. In short, the engineer will know the sticky points of the project and any sub-consultant handling them should be present, along with the county department heads representing those same interests.

One Other Key Attendee For The Applicant

The engineer and sub-consultants are the design, science and pre-construction energy for the plat, but there is one other guy that should be there - the Land Use Attorney. That person for me is NOT a real estate attorney that dabbles in county permitting from time-to-time. Instead, it’s the attorney whose practice is centered around local and county code and state and federal laws. This attorney routinely represents client developers with the Planning Department and in front of the Hearing Examiner when the public and special interest groups are present at hearings.

Modifications Of The Application

Based on the pre-app meeting it is very likely that modifications will have to be made. In fact, I can’t remember a single time when this didn’t happen, so going back to the drawing board is to be expected, at least for me. The key is to minimize the number of money and time-consuming do-overs. Just like in the hypothetical traffic study requirement already described, the reviewing agencies will find things in the pre-app meeting and review process that require additional studies and/or information based on code compliance. Always seek to minimize costly and preventable extra steps. Sometimes design revisions can be made to avoid additional expenses in time and money to legally avoid a specific code requirement. The engineer can advise

Assignment Of The Lead Planner

My PDS assigns a lead planner to the application once it has been submitted. If you’ve been around for a while, you might know that person yourself. Even if you don’t, your civil engineer probably does from past projects. Civil engineers are not only adept at the engineering part, good ones also cultivate key relationships with county staff. Hopefully your engineer and lead planner are comfortable with each other.

The rule in my PDS department is supposed to be that whichever planner is next for assignment on a new project gets it. In reality they take into account the type of application and assess the past experience of the planner as additional factors. Sometimes you get someone other than “next in line”.

I have had both brand new and super experienced planners assigned to my projects. I have never found one that in my opinion was incapable (like some developers have stories about), but I have had some that needed a lot of extra attention and some who were real sticklers.

No matter, you’re pretty much stuck with each other unless your engineer can drop a hint up-front with the department head that causes a certain preferred planner to be assigned.

A Word On Reputation:

Everyone brings all of themselves to work every day, both their professional and personal sides. In American business it is the norm that business principals rule over personalities, but I think one is foolish to think that personalities do not enter into the equation. They just do.

Therefore, I try to cultivate my planner to establish trust and I am not talking about butt kissing here. I am talking about carefully listening to fully understand what their preferences and tendencies are, then craft responses and future actions that take this into account.

It’s about rule following:

Personalities aside, land development is about rule following – step-by-step. There can be shortcuts, but only if they comply with Code or are ruled in your favor by the Hearing Examiner. Getting creative is great and I have many examples where I have used creativity in my career, but this has only worked for me when following and working within the established rules. Good luck to the guy that’s gonna show them a “new way”.

With experience:

You eventually find your stride while traveling down the long road in land development. First-hand experience with the planning department will bring needed insight as to how to work efficiently with them. Efficiency is a key and I won’t move my team forward until we are organized and 100% accurate. It’s a good way to not look stupid.

Planners are human and their emotions really do enter into their interactions with a given developer. Make no mistake about it – land developers don’t just develop dirt, they also develop personal reputations along the way with county staff. I try really hard to make sure that mine is a positive one and so should you.

Good luck!

Contact me at: ldr@landdevelopmentrealities.com