News & Analysis as of

Urban Planning & Development Municipalities

Dentons

Smart Cities - A roadmap for local governments

by Dentons on

It has often been asserted that the primary drivers of economic development and prosperity in society are cities. This is not surprising, nor is it a recent phenomenon. Since the days of ancient Mesopotamia, cities have been...more

Farrell Fritz, P.C.

Appellate Division Holds that Proposed Use For Split Zoned Parcel Requires Area, Not Use, Variance

by Farrell Fritz, P.C. on

Split zoned parcels can be a headache for property owners and practitioners. In general, a split zoned parcel is a piece of land located in two or more zoning districts and divided by a zoning district boundary line. Often...more

Pepper Hamilton LLP

NJ Court Rules Incomplete Development Application Not Protected by Time of Application Rule

by Pepper Hamilton LLP on

The New Jersey Legislature amended the Municipal Land Use Law (MLUL) in 2011 to replace the former “time of decision rule” with what is commonly referred to as the “time of application rule” (the TOA Rule). N.J.S.A....more

Farrell Fritz, P.C.

Southampton Trustees-Possible Thorny Parkland Alienation Issue On Rose Hill Drive

by Farrell Fritz, P.C. on

A few days ago, the Town Supervisor of the Town of Southampton and the Town Trustee President sent a letter to the State Comptroller and State Park Commissioner requesting an opinion as to whether Town Trustee property, known...more

Farrell Fritz, P.C.

Will The Town of Huntington Change Its Zoning Code To Limit Upstairs Apartments In Its Mixed Use Business District?

by Farrell Fritz, P.C. on

In April 2006, the Town of Huntington adopted a local law (Local Law 14-2006) that added § 198-27(A)(22) to its Zoning Code. That local law allows apartments on the top floors of some mixed-used buildings in its C6 General...more

Pierce Atwood LLP

Troubleshooters And Why Words Matter: Appeals Court Overturns Board’s Interpretation Of Zoning Bylaw

by Pierce Atwood LLP on

As municipalities assert more control over development, zoning bylaws become more complex. And as mechanics, programmers, and lawyers all know, when there are many parts, there are many more opportunities for things to go...more

Brownstein Hyatt Farber Schreck

10th Circuit Holds Colorado’s Urban Renewal Statute Violates Due Process in M.A.K. Investment Group v. City of Glendale

On May 14, 2018, the U.S. Court of Appeals for the 10th Circuit issued a surprising ruling establishing that a municipality must provide individual notice to property owners whose property is located within an area determined...more

Farrell Fritz, P.C.

Appellate Division Reverses Site Plan Approval Requiring Merger of Six Individual Lots into One Shopping Center Lot

by Farrell Fritz, P.C. on

It is not uncommon for municipal planning departments to require applicants that are seeking land use approvals involving multiple contiguous parcels to consolidate or merge the properties to form one single larger parcel. ...more

Pullman & Comley, LLC

2018 Environmental Legislative Update No. 5

by Pullman & Comley, LLC on

Welcome to our Environmental Legislative Updates. Throughout Connecticut’s legislative session, these updates highlight developments concerning environmental law and policy. The author prepares updates as Legislative...more

Farrell Fritz, P.C.

The Continuing Saga Of NYSDEC’s Proposed Amendments To Its SEQRA Regulations

by Farrell Fritz, P.C. on

In 2012, the New York State Department of Environmental Conservation (NYSDEC) proposed sweeping changes to its State Environmental Quality Review Act (SEQRA) regulations. ...more

Best Best & Krieger LLP

Parking Impacts Warrant Only Limited Consideration under CEQA for Infill Projects in Transit Priority Areas - Court Upholds City...

by Best Best & Krieger LLP on

Parking impacts (as distinguished from secondary impacts related to parking) associated with infill development in transit priority areas are exempt from environmental review under certain circumstances, a California...more

Best Best & Krieger LLP

SB 2 Recording Fees: State Clarifies Exemptions - California and its Cities, Counties and Other Political Subdivisions May be Due...

by Best Best & Krieger LLP on

The State of California, as well as cities, counties and other political subdivisions in the State, are officially exempt from paying a recently enacted $75 fee for document recording. This clarification came with the passage...more

Farrell Fritz, P.C.

Town of Babylon Imposes Moratorium on Use of Pine Barrens Credits to Increase Development Density

by Farrell Fritz, P.C. on

On March 28, 2018, the Babylon Town Board adopted a moratorium on any new land use applications that seek to increase a parcel’s wastewater limits established by the Suffolk County Department of Health Services (“SCDHS”) by...more

Beveridge & Diamond PC

“Frivolous” Town Complaint Results in Attorney’s Fees Award for Affordable Housing Developer

by Beveridge & Diamond PC on

The Massachusetts Land Court’s recent award of attorney’s fees to an affordable housing developer serves as a warning to municipalities opposed to affordable housing projects under the Massachusetts affordable housing...more

Coblentz Patch Duffy & Bass

San Francisco Finally Poised to Adopt Central SoMa Plan

by Coblentz Patch Duffy & Bass on

Following more than six years of planning and public outreach, the City initiated the formal approval process for the Central SoMa Plan (Plan) at the Board of Supervisors and Planning Commission on February 27 and March 1,...more

Miller Canfield

New Law Consolidates Tax Increment Authorities, Imposes New Reporting Requirements

by Miller Canfield on

Tax increment authorities and municipalities face new transparency and reporting requirements under a recently signed law. The Recodified Tax Increment Financing Act, 2018 PA 57 (“Act 57”) was signed by Gov. Rick Snyder on...more

Best Best & Krieger LLP

New Laws Part II: 2018 Ushers in Changes to Land-Use, Development Laws

by Best Best & Krieger LLP on

As we noted in Part I of this two-part series, lawmakers passed a wave of new laws in 2017. Today we look at the bold moves California legislators made to address the State’s affordable housing crisis, while passing a...more

Farrell Fritz, P.C.

Oyster Bay’s Code Provision Linking Building Permits To Qualified Apprenticeship Programs Enjoined

by Farrell Fritz, P.C. on

Several Long Island municipalities have local laws that peg the issuance of certain building permits to a requirement that contractors and subcontractors be participants in a “qualified apprenticeship program” that is...more

Pullman & Comley, LLC

Tax Reform Establishes Municipal Opportunity Zones for Investment

by Pullman & Comley, LLC on

Included in the recently enacted federal tax reform legislation is the Investing in Opportunity Act (the “Act”) which establishes the Opportunity Zones Program (the “Program”). The Program aims to spur private investment in...more

Fox Rothschild LLP

New Jersey Assembly Bill 1425/Senate Bill 3233 Enacted, Ensuring Reforms Performance And Maintenance Guarantee Requirements

by Fox Rothschild LLP on

Assembly Bill 1425/Senate Bill 3233, which was signed into law on January 15, modifies the requirements for furnishing performance and maintenance guarantees under the Municipal Land Use Law and modifies the current...more

Sherman & Howard L.L.C.

Sherman & Howard Public Finance Advisory: UMB Bank, N.A. v. Landmark Towers Association

by Sherman & Howard L.L.C. on

On Monday, December 11, 2017, the Colorado Supreme Court issued an important decision with respect to the election process that is necessary for much of Colorado public finance. The case arises out of an election held...more

Pierce Atwood LLP

Mass. SJC Says Chapter 40B Doesn’t Authorize Override Of Municipally-Held Property Restriction

by Pierce Atwood LLP on

In its recent decision in 135 Wells Avenue, LLC v. Housing Appeals Committee (pdf), the Massachusetts Supreme Judicial Court (SJC) confirmed that a property restriction held by a municipality cannot be overridden by the...more

Nossaman LLP

PPP Canada Phased Out Pending Launch of Canada Infrastructure Bank

by Nossaman LLP on

The Canadian government is taking a new approach to P3s. By the end of 2017, PPP Canada will have ceased operations, and the Canada Infrastructure Bank (the “CIB”) will be launched....more

Goulston & Storrs PC

Town of Chelmsford, et al. v. Newport Materials, LLC, et al

by Goulston & Storrs PC on

In Town of Chelmsford, et al. v. Newport Materials, LLC, et al., C.A. No. 1681CV03455 (Mass. Super. Ct. Sept. 6, 2017), the Town of Chelmsford appealed a Westford Planning Board (“Board”) decision granting Newport Materials,...more

Pierce Atwood LLP

When Is A Park Constitutionally Protected Parkland? Mass. SJC Re-Examines Test Under Article 97

by Pierce Atwood LLP on

In a decision of interest to municipalities, conservation groups, and land use experts, the Massachusetts Supreme Judicial Court (SJC) recently decided that a public playground in the City of Westfield is parkland protected...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

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Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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