Buying Land for Your House of Worship
When buying land, the first thing is to ask the basic question. “Where do we need to be geographically?” If you were to say that you need to be within a five mile square of your current neighborhood or synagogue - that is a good starting point.
The starting point is to identify the community or region where you want to grow your synagogue. Perhaps it is where the majority of your current members live. Maybe the focus is to be located near a major highway so that you can attract membership from across a large area. Growing a new synagogue means determining where to plant the seed. Once you have a geographic area determined, call your local real estate professional if you don’t know someone who regularly works with synagogues you can find a profession in your area on www. PraiseBuildings.com.
Purchase or lease
The next question is one of economics should we purchase or lease our facility? This question is not so much of can one make the mortgage payment but rather, how much do we have saved that could be used a deposit. This is the first stumbling block for smaller or start up synagoguees - Houses of Worship are classified as commercial properties. Unlike residential properties where a family can get a mortgage on a home with almost no money down, most commercial lenders are expecting a sizable deposit typically 20%.
This rule is completely turned upside down when a congregation decides that they want to purchase land to build, rather than buy an existing building. Borrowing money for land acquisition typically requires that the buyer post a minimum of 25%- 40% down and the lender will loan the difference. Why do lenders require such a large deposit on land? Unless you have land located across the street from the Walt Disney World, it might take some time to sell the land if the lender was forced to foreclose on the property. The lender wants to give itself more surety that its money is being invested well. By forcing you- the buyer to put more equity up as collateral, they gain that added protection.
Searching for land
After identifying the general location where the synagogue should be built and raised a sizable deposit, you’re now ready to begin the search. When searching for land don’t limit yourself only to properties actually listed for sale. Identify all of the properties that could work because of their size and location regardless of whether they are on the market. Remember, the earth is 72% water and the rest of it is for sale. Once a list of properties is identified the land owner is contacted sometimes in writing, sometimes in person.
When representing the synagogue one can call the landowner and explain that a local congregation is interested in purchasing their land, either all of it or enough acreage to construct the synagogue.
Naturally, if they have any interest at all they will ask what the synagogue is willing to pay. Here a little give and take normally occurs until a price is agreed upon. In determining what a House of Worship should pay for the property, it is prudent to check the following. Zoning what is allowed to be built under government regulations.
What is land with the same zoning in the same general area selling for per acre or per square foot? What is being built on the land retail centers, houses, industrial, or is just being used for farming.
Depending upon market conditions, farm land might sells for $500 to $50,000 per acre.
Once a price is agreed upon, the property is placed under contract that allows for an appropriate feasibility study period. Just because one thinks the property will work for the synagogue site this is no reason to buy it. One MUST complete a basic feasibility study.
In the Letter of Intent to Purchase and/or the Purchase Contract it is absolutely imperative that the purchaser has the appropriate time to complete a full feasibility study (typically, 60 to 120 days) prior to releasing any non-refundable money to the seller. You can agree to put the deposit in escrow with an attorney or title company if necessary. It is important that the contract contains a clause which states that the potential purchaser is not obligated to purchase the property if the results from the feasibility period are not acceptable.
During the study period it is important to lean as much about the property as possible. 90 or 120 days is not a long time. During the study period it is important to learn if the property can support the synagogue that is planned. Many congregations have purchased land without knowing the size and square footage of the building that will someday be built, only to find years later when it is time to build that the property is too small for the building intended or contains substantially un-buildable ground.
What must be completed during the feasibility period?
- Phase One Environmental Site Assessment
- Boundary Survey
- Title Report
- Wetland delineation Study
- Perk Test on the property or verification that the property will be able to access public utilities.
- Concept plan showing your synagogue will fit on the property
First complete a Phase One Environmental Site Assessment. This will tell about environmental concerns that might be on or near the property. Looking at a beautiful wood or farmer’s field doesn’t tell one much about it. A phase one environmental site assessment reviews and documents the last 60 years of the property’s history. What was the property used for in the past? Was there any possibility of environmental contamination? If so, what kind? During the Phase One, an environmental scientist will walk the property looking for signs of possible contamination. Additionally, the environmental scientist will review the property’s history checking old aerial photographs compiled by local governments that should what various properties were used for during the last sixty years. Other records that will be reviewed are reports of fines or court action against that property owner, or any surrounding property owners where contamination could have migrated to the subject property. If additional investigation is warranted the environmental scientist may recommend that a Phase Two survey be completed. A phase two is where the suspect property is actually tested for contamination.
In additional to a Phase One, a wetland Delineation study will need to be completed. This study will tell how much land is considered wetlands. Remember, under most circumstances wetlands cannot be destroyed, filled in or build on wetlands. From the wetland study, the consultant will create a wetland delineation map showing that portion of the property that can be developed from that portion that contains wetlands can needs to be preserved as undisturbed ground. Ground does not have to be wet to be classified as wetlands.
According to the Army Corps of Engineers, wetlands are "Wetlands are areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas."
In more common language, wetlands are areas where the frequent and prolonged presence of water at or near the soil surface drives the natural system meaning the kind of soils that form, the plants that grow, and the fish and/or wildlife communities that use the habitat. Swamps, marshes, and bogs are well-recognized types of wetlands. However, many important specific wetland types have drier or more variable water systems than those familiar to the general public. Some examples of these are vernal pools (pools that form in the spring rains but are dry at other times of the year), playas (areas at the bottom of un-drained desert basins that are sometimes covered with water), and prairie potholes.
It is also important that a Title Search on the property be completed. The seller must be able to deliver “Good and Merchantable Title”. If there is a problem with the title on the property, the seller must be able to correct the title issue prior to settlement. If the seller can’t deliver clear title, the property will not be able to transfer ownership. A Boundary Survey confirms that the buyer is purchasing the amount of acreage being advertised.
Once the property can be sold with clear title and that is passes environmental contamination test, the next step is to have a professional land planner or civil engineer layout the site for the project. Again, these professionals can be found on www.PraiseBuildings.com. During this land planning process, the land planner needs to place the proposed synagogue on the site. Does a building the size you are expecting to build, fit on the site? Is there ample parking that meets local requirements for parking capacity? In the mid-Atlantic, the rule of thumb is that one car equals three people and that on average 100 cars can fit on a paved acre parking lot. Using this rule, if a synagogue had 600 active members, the synagogue would need 2 acres for ground just for parking. This would be in addition to the synagogue and other buildings on the site, non-buildable, areas, such as wetlands, steep slopes, streams, and storm water management areas.
A word about storm water management, most jurisdictions required that new developments such as synagoguees capture all of the water from impervious surfaces during a rain or snow event and contain it on site, prior to releasing it into a stream after the storm. Impervious surfaces are roofs, sidewalks and paved parking lots. Synagoguees have lot of impervious surfaces. This means that synagoguees require a large area for storm water retention. The two basic ways of containing storm water are in large specially designed pits called storm water management retention ponds, and underground retention. Most developments projects, synagogue included, use retention ponds because of the extreme cost of building storm water management under the parking lot. Nonetheless, it’s worth noting that if the site is smaller, storm water might be able to contain under the parking lot.
The last point is to make sure that the subject property can be connected to public utilities or that the property can support a septic system and have access to well water. Early in the feasibility timeframe, it is important to contact a firm that percs property. Depending on the soil conditions, the perc test may need to be completed only during certain months of the year.
All of these various studies will cost between five to twenty thousand dollars or more. This is money that is typically paid by the buyer and not refundable by the seller if the property is not sold. This money is well spent, even if the synagogue decides not to buy the property. It is still cheaper to spend money on a feasibility period, than buying the property without studying it, only to learn that it doesn’t work.
TIME LINE: From Land Acquisition to issuance of building permits
Here is a basic time line with the various issues that should be addressed during each milestone from site acquisition until construction permits are issued.
- Identify potential synagogue site: 3 6 months
- Don’t rely solely on properties for sale in multiple lists.
- Indentify properties in the geographic area where the House of Worship should be located. Locate the landowner via land or tax records and make an offer.
- Study period prior to settlement 60-180 days
- Secure financing: 45 days
- Settlement after study period 30 days
- Interview architects or design/build construction firms -60 days
Once property has been acquired, meet with various architects and/or design/build contractors who specialize in designing synagoguees or other Houses of Worship. A complete list of firms is found on both www.SynagogueConstruction.com and www.PraiseBuildings.com. During the interview process, it is very important to discuss not only what is to be built, but also an honest discussion of cost and budget constraints.
Architectural Design & Specifications 60-270 days
This is a give and take process in which the design professional will create several versions of the blueprints that will continued to be refined during various conversations with the building committee. This process normally starts with a wish list in which the designer learns all of the items that are important to the client and begins showing these “wish list” items on a draft drawing. Building plans are refined over several re-iterations.
- Bid Out Work Once a scope of work has been developed, the architect or design build contractor will put the work out to bid to the various contractors, sub-contractors, and specialty vendors.
- Building Permits 60 days to over three years
In most jurisdictions, the issuance of building permits occurs after the completion of building plans. Depending on the jurisdiction, traffic impact studies, variances, community input meetings or other special permissions may be required before building permits will be issued.