Land Use & Zoning Archives

County has zoning problem in emergency dispatch project

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Land Use & Zoning on Aug 27, 2016.

Officials in a Pennsylvania county are having a difficult time completing construction of an emergency communications system. For the past two years, Montgomery County officials say that they have been trying to convince township supervisors in Upper Merion to give them the zoning rights to construct a 180-foot tower. The $36 million project requires 30 towers, and so far all but one of the towers has been built.

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Pros and cons of leasing agricultural real estate

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Land Use & Zoning on Aug 8, 2016.

Under the right circumstances, leasing a piece of land for agricultural uses can be a lucrative option for both the landowner and the land user. A piece of land can have many uses, depending on how it zoned. Before leasing a piece of land for agricultural uses, it is wise to consider the advantages and disadvantages of this kind of arrangement.

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Legal loopholes exist in zoning and land use laws

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Land Use & Zoning on Jul 18, 2016.

As waterfront properties and neighborhoods continue to develop across the country, there are commercial and other concerns about concessions that have been made to developers. Notably, developers have asked for special considerations in return for creating affordable-housing units. A frustrating factor occurs when developers who abide by the agreed-upon zoning and land use laws have to witness others reneging on their agreements.

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Litigating issues relating to restrictive covenants

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Land Use & Zoning on Jul 10, 2016.

Many residential neighborhoods here in Pennsylvania and elsewhere have homeowners’ associations (HOA). The function of these associations is to enforce the covenants, conditions and restrictions that everyone who owns property within the neighborhood is given. When disputes arise regarding the restrictive covenants that cannot be resolved outside a courtroom, litigation might be necessary.

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Easement basics

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Land Use & Zoning on Jul 8, 2016.

Property owners in Pennsylvania and other states typically have exclusive use of their land. However, in some instances, property owners must allow others to access their land for specific purposes, or the property owners themselves may be restricted in how they use their own land. Collectively, these rights of land use are referred to as easements.

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Power plant denied permit to expand spent fuel storage

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Land Use & Zoning on Jun 11, 2016.

A nuclear power plant in Pennsylvania was not allowed to expand its spent fuel storage facility after applying for a permit to do so. Talen Generation LLC applied for a building permit for its nuclear power plant, Susquehanna Steam. The company wanted to expand the power plant’s existing spent fuel storage facility by 22,000 square feet so that it would be able to meet its future storage needs.

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Bill could delay construction of controversial tower

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Land Use & Zoning on May 20, 2016.

Reports indicate that a Philadelphia elected official has introduced a bill to delay construction work on a controversial 32-story tower in that city. The legislation would place a one-year moratorium on building work at the Washington Avenue and Broad Street site. This would give critics of the development time to provide input before any final decisions are made concerning the controversial mixed use project.

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Restaurant’s appeal to zoning board successful

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Land Use & Zoning on Apr 7, 2016.

For many Philadelphia communities, zoning laws help to preserve the character of neighborhoods located throughout the city. For developers, these laws—which are created by zoning boards and planning agencies—can make it difficult to accomplish their goals. Fortunately, the existence of these laws does not always mark the end of a real estate development. In some cases developers may be able to secure approvals for their projects.

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Pennsylvania Supreme Court to hear cases that could impact zoning

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Land Use & Zoning on Mar 14, 2016.

Zoning issues can have an impact of the development of property where construction is concerned. That is not the only situation in which disputes regarding the way in which land is used can arise however. Currently environmental protection is taking center stage in the use of some property in Pennsylvania. Two cases regarding this issue are slated to be heard by the Pennsylvania Supreme Court this month.

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