2013 Spring Land Use Seminar - Presentation

by Pepper Hamilton LLP

In This Presentation:

- Purchasing/Financing Partially Approved Land Development Projects

..Information Gathering/Due Diligence

..Determining the Status of the Approval Process

..Expiration of Approvals, §508 and the Permit Extension Act

..Who Owns the Approvals and Plans?

..Mortgages, Liens, Taxes and Judgments

..Other Costs to Consider

..Modifications and Revisions to Approved Plans

- Non-Conforming Lots, Structures and Uses

..Definitions (MPC §107)

..Expansion of Nonconforming Uses

..Abandonment of Nonconformity

..Forced Abandonment/Reconstruction of Nonconformity

..Change of Use/Adding Uses

..Changes In Ordinance Extinguishing Nonconformity

..If you have a nonconforming use/structure or lot what can you expect?

- Dimensional and Use Variances


..Variance v. Variation

..Types of Variances: Use and Dimensional

..Standards for the Grant of a Variance (MPC §910.2)

..First Standard: Establishment of Unnecessary Hardship

..Dimensional Variances -- Relaxed standard of hardship?

..Use Variances– Economic Hardship now a factor?

..Second Standard: Reasonable Use of Property

..Third Standard: Not Created by Appellant

..Fourth Standard: No Material Impact on Surroundings

..Fifth Standard: Minimum Necessary for Relief

..Deminimus Variances

- 2013 Legislative and Case Law Update

..MPC Amendment (effective 12/23/2012)

....Act 154 (HB 1718) amended MPC to:

....South of South Street Neighborhood Association v. Philadelphia Zoning Board of Adjustment,

Commonwealth Court, September 13, 2012

....Salahuddin v. Zoning Hearing Board of West Chester, Commonwealth Court, November 14, 2012

....Streck v. Lower Macungie Township Board of Commissioners, Commonwealth Court, December 14,


....DeSantis v. Zoning Hearing Board of City of Aliquippa, Commonwealth Court, September 12, 2012

....Rice Family Trust v. City of St. Mary, Commonwealth Court, September 7, 2012

....Smith v. Township of Richmond Commonwealth Court, July 31, 2012

....Watts Residential Associates v. Board of Supervisors of Watts Township, Commonwealth Court,

January 8, 2013

....Appeal of Chester County Outdoor, LLC Commonwealth Court, March 27, 2013

....Hunt et. al v Zoning Hearing Board of Conewago Township Commonwealth Court, February 1, 2013

....Latimore Township v. Latimore Township Zoning Hearing Board Commonwealth Court, January 4,


....Northampton Area School District et. al v. Zoning Hearing Board of Lehigh Township

Commonwealth Court, April 9, 2013

....Miravich v. Township of Exeter, Commonwealth Court, September 7, 2012

....Milliken v. Jaconos et. al. Superior Court, December 26, 2012

- Questions & Answers

Please see full Presentation below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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