In other words, a preliminary approval, for example, vests a property from the effects of a rezoning for a period of at least three years. This can give an applicant time to construct the development even though the property has been rezoned. A board seeking to thwart a project while a downzoning is processed will often throw up roadblock after roadblock. For example, the board may deem an application incomplete for specious reasons. Any engineering miscue will result in unfavorable review letters and additional board meetings.
Timing can be crucial when a downzoning is on the drawing board.
Extreme care must be taken to ensure that all details are attended to so as to minimize the board's ability to thwart the proposal. Opposition to a rezoning also entails a close tracking of the process. Usually, both the planning board and the governing body are involved in a downzoning. Each body has procedural requirements, with respect to notice and the like, that must be met. There is also the opportunity to cross-examine the town's professionals.