In many cases, a Zoning Hearing Board will impose certain conditions on the grant of a variance or special exception. A condition of such approval could include a time limit as to when the applicant is required to obtain all necessary permits to construct the proposed improvements before the variance or special exception is deemed
In the Zone
Exploring Developments in Pennsylvania and New Jersey Real Estate, Zoning and Land Use Law
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Special Exception
The Commonwealth Court of Pennsylvania recently confirmed the standards by which an applicant can obtain a special exception to expand a nonconforming use on its property.
In Mercy v. Zoning Hearing Board of Cross Roads, an applicant filed an application with the Zoning Hearing Board seeking a special exception to expand an existing nonconforming use…
Informational Notice Personal Income Tax 2017-01
Are you a tenant who pays rent to a non-resident individual, estate or trust? If so, beware! Act 43 of 2017 created a withholding obligation for certain lessees of Pennsylvania real estate to non-residents and also expanded the requirements with respect to when a copy of Federal Form 1099-MISC is required to be filed with…
House Bill 352
House Bill No. 352 passed the General Assembly and has now been signed by the Governor. See attachment. It provides that an individual can obtain title to a property by adverse possession in 10 years instead of the 21 years required by prior law. The property must be less than one-half acre in size and…
DEVELOPMENT OPPORTUNITY – CHELTENHAM TOWNSHIP
The Cheltenham Township Community Development Corporation (CTCDC) is seeking proposals from qualified applicants for the acquisition and redevelopment of a 5 acre parcel of land, zoned commercial, and owned by the Township. CTCDC’s objective is to achieve a redevelopment of the parcel in accordance with the newly passed Township zoning plan. A successful submission will…
Objectors Have a Heavy Burden When Opposing a Special Exception
The Commonwealth Court of Pennsylvania recently confirmed the standards by which an applicant is entitled to special exception approval, which could help applicant’s in preparing their cases before a zoning board.
In Monroe Land Investments v. Zoning Board of Adjustment and the City of Philadelphia, et al, 2018 WL 1462211, the Commonwealth Court affirmed the…
IT’S THAT TIME AGAIN. WHAT TIME? TIME TO REVIEW YOUR PENNSYLVANIA REAL ESTATE ASSESSMENTS.
Are the real property taxes assessed against your property out of proportion to the actual value of your property? If so, what should you do?
First, you need to determine if you have a basis to file an appeal to the county board of assessment for your property. To do so, you need an experienced…
ALERT- New Environmental Justice Regulations Coming Soon to New Jersey!
David Restaino writes:
On April 20, Governor Murphy signed Executive Order No. 23 (EO 23) committing state government to making intelligent environmental decisions in communities that are disproportionately affected by environmental degradation. EO 23 requires that the NJDEP take the lead in developing guidance that would require state departments and agencies to consider “Environmental Justice”…
New Project Information Form Required for Appeals to the City of Philadelphia Zoning Board of Adjustment
The City of Philadelphia Zoning Board of Adjustment has imposed a new requirement for filing Appeals. As of April 9, 2018, an applicant seeking a variance or special exception from the Zoning Board of Adjustment must submit a Project Information Form prior to filing an Application for Appeal. The Project Information Form requires basic information…
Black Letter Law for the Grant of Special Exceptions in Pennsylvania
In the case of Polaris v. Fayette County Zoning Hearing Board, the Commonwealth Court reversed a decision of the Court of Common Pleas and the underlying zoning hearing board to deny an application to use a property as a methadone clinic. In this case, Polaris argued that the ZHB erroneously denied its special exception application…