Opening a child care or early education facility in New Jersey involves more than finding the right location and hiring the right staff. Before a facility can open its doors, the property must receive municipal approval for the proposed use — and in many municipalities, child care centers and early education facilities are not permitted as of right in the zones where operators want to locate them. When the proposed use requires a variance or special approval, securing that approval before a certificate of occupancy can be issued requires experienced land use counsel who knows how to prepare and present the application effectively.
Mandelbaum Barrett PC’s New Jersey land use attorneys secured approval for a client to open a child care and early education facility in Fair Lawn, New Jersey. The firm’s land use and zoning law practice group advises businesses, property owners, and developers on use variances, site plan approvals, and related municipal approvals throughout Bergen County and across New Jersey. This approval reflects the firm’s ability to obtain the municipal green light that child care and early education operators need before opening a new facility.
Land Use Approvals for Child Care and Early Education Facilities
Child care and early education facilities present a specific set of land use considerations that municipalities evaluate in reviewing applications. Traffic generated by drop-off and pick-up activity can be a significant concern for neighboring property owners, and the application must address how the facility will manage arrivals and departures safely. Outdoor play space requirements under state licensing rules must also be reflected in the site plan, and compatibility with surrounding uses — particularly in mixed residential and commercial areas — is an important factor in how the board evaluates the application.
In Fair Lawn, as in many Bergen County municipalities, the zoning ordinance may require a use variance for child care facilities in locations that would otherwise require one. New Jersey’s Municipal Land Use Law establishes the standards for use variance applications, requiring the applicant to demonstrate that the variance can be granted without substantial detriment to the public good and that the purposes of zoning will be advanced — or that the property is particularly suited for the proposed use. Experienced land use counsel who has handled child care facility applications knows how to frame the application and testimony to satisfy these standards.
According to the New Jersey Department of Children and Families, child care facilities in New Jersey must comply with state licensing requirements in addition to local zoning approvals, and operators benefit from understanding both regulatory tracks as they plan their facility. Land use counsel who works with child care and early education operators understands how state licensing requirements interact with local zoning, and can help clients coordinate the two approval processes effectively.
Contact Mandelbaum Barrett PC for Land Use Guidance
If you are opening a child care center, early education facility, or other community-serving business in New Jersey and need land use approvals, the land use and zoning law practice team at Mandelbaum Barrett PC can help.
Reach out through our contact page to speak with our team. We are here to help New Jersey businesses and operators secure the municipal approvals they need to open.
These stories are successful case results from our attorneys. Please note that results may vary depending on your particular facts and legal circumstances.