Blog

https://zoningandlanduselaw.foxrothschild.com/

In the Zone Blog

Success in the real estate industry often hinges on making smart choices – and on being informed. Fox’s In the Zone blog serves as a resource for developers, investors, lenders, design firms, landlords, tenants and more. Focusing on zoning and land use, we report on trends and news in obtaining approvals and permits for new development, project financing, LEED certification and environmental regulation and enforcement.

Recent Blog Posts

  • LIBOR to Disappear Kevin Scott writes: In case you missed it last week, The Wall Street Journal and others reported (sub. req.) that the rate index LIBOR is going to be discontinued by the end of 2021. LIBOR has been the base index for most all variable rate loans, bonds, interest rate swaps and other instruments for many years. Various industry working groups are trying to establish an alternative index to replace LIBOR. While most of the loan documents utilized over the years already have provisions... More
  • MPC Permits a Private Cause of Action to Enforce a SALDO In a case caption Smith v. Ivy Lee Real Estate, LLC, the Commonwealth Court of Pennsylvania was faced with the question if Section 617 of the MPC permits a private cause of action to enforce a subdivision land development ordinance (SALDO). In the case, the Smith family alleged that Ivy Lee, who was their neighbor, engaged in construction activities that constituted land development under the township’s SALDO. The Smith family requested, among other things, a permanent injunction against Ivy Lee... More
  • PA Supreme Court Rules on School District Tax Appeals In a recent Supreme Court of Pennsylvania case, captioned as Valley Forge Towers, taxpayer brought an action against the school district, as a taxing district, seeking declaratory and injunctive relief claiming that the school district violated the uniformity clause of the Pennsylvania Constitution by systematically appealing only assessments of commercial properties. The Montgomery County Court of Common Pleas sustained the school district’s policy and dismissed the complaint. The taxpayers appealed to the Commonwealth Court of Pennsylvania who affirmed the lower... More
  • Sanctions for False Pleadings In many cases, clients ask us if we can file a motion against the other party for filing a false or frivolous pleading. In a recent opinion, the Commonwealth Court of Pennsylvania outlined the way in which a party must file a motion for sanctions for a false pleading. In the case of Pane, et al., v. Indian Rocks Property Owners Association, a dispute occurred as to if the Panes were entitled to construct a swimming pool on their property... More
  • Funding Your Small or Mid-Size Development Project in New Jersey Obtaining financing for your development project is one of the most important aspects of moving your development plans from paper to reality. Recently, the New Jersey Economic Development Authority (the “Authority”) created a Real Estate Impact Fund (the “REIF”). The REIF supports private and public redevelopment projects on underutilized property in New Jersey by facilitating the procurement of financing for small and mid-size development projects. Through the REIF’s private component, for-profit and non-profit developers and businesses may obtain up to $3... More
  • Pennsylvania Mechanics’ Lien Law and the Construction Notices Directory- Avoiding Potential Pitfalls On October 14, 2014, the Pennsylvania General Assembly signed Act 142 creating the Pennsylvania State Construction Notices Directory, which became effective January 1, 2017 (the “Act”). The Act created an online directory whereby project owners or their agents (collectively, “Owner”) can register on an online, searchable state-wide database (the “Directory”) before beginning any construction project that costs over $1.5 million, by filing a Notice of Commencement in the Directory. If the Owner files the Notice of Commencement in the Directory, a... More
  • IMPORTANT TO FILE YOUR ZONING CHALLENGE IN THE CORRECT COURT AND ON TIME A recent case decided by the Commonwealth Court of Pennsylvania confirms how important it is to understand where zoning challenges should be filed and the deadline date by when to file them. In the case of Carr vs. Horsham Township, an objector filed challenges to a zoning ordinance, on both procedural and substantive grounds, to the Montgomery County Court of Common Pleas within 30 days after the publication of the second 108 notice describing the passage of the referenced zoning... More
  • Philadelphia Reorganizes Development-Related Agencies Effective July 1, 2017, the City of Philadelphia established a single Department of Planning and Development.  The Department will have three divisions.  The Division of Planning and Zoning will include the Art Commission, the Historical Commission, the City Planning Commission, and the staff for the Zoning Board of Adjustment.  The Division of Development Services will include the development services group which had previously been a part of the Commerce Department.  Lastly, the City’s office of Housing and Community Development, the... More
  • Five Prerequisites for Sign Approval from the Philadelphia Art Commission Are you looking to replace or construct a new sign in Philadelphia? Depending upon where your property is located you might first have to get approval from the Philadelphia Art Commission. Any sign application submission to the Art Commission requires the following five things; a cover letter color photographs detail sign dimension plans renderings of the proposed sign a plot plan. The Art Commission has up to 60 days to approve or disapprove an application. We recommend that you seek legal advice prior to making any... More
  • Zoning & Land Use Approvals in Lawrence Township Rob Gundlach represented a shopping center owner to obtain site plan approval, variances, and waivers/exceptions for the conversion and redevelopment of an existing office building in Lawrence Township, New Jersey, for reuse as new car automobile dealership. Rob has represented other owners over the years to obtain zoning and land use approvals in Lawrence Township.  Please consider using Rob for your next project requiring zoning and land use approvals in Lawrence Township.... More