Gain insights and strategies on how to navigate the land use entitlement process successfully.
This course will discuss the importance of identifying local land use, political, and demographic trends at the pre-application due diligence stage. It will also cover how each topic can impact your project pro forma, and strategies for identifying funding opportunities to mitigate potential risks associated with these trends. In addition, best practices for compiling a legally defensible record supporting your approvals will be examined.
Learning Objectives
- You will be able to discuss due diligence requirements.
- You will be able to identify and calculate mitigation fees and explore funding opportunities through local IDAs, LDCs, and other state funds/grants
- You will be able to explain current trends and intagibles.
- You will be able to describe best practices for compiling a legally defensible record to support project approvals.
Agenda
Introduction
Due Diligence
- Jurisdictional Diligence
- State/Local Development Priorities
- Home Rule State/County Control
- Local Market Diligence
- Election Cycle
- Land Use Board Members
- Speak With Others in the Trenches
- Identifying Organized Opposition Groups (or Pro-Development Groups)
- Site-Specific Due Diligence
- Title Encumbrances
- Physical/Environmental Constraints
- Special Regulatory Jurisdiction
- Zoning Due Diligence
- Comprehensive Plan/Other Documents Establishing Planning Priorities
- Permitted Uses/Special Permits
- Process for Zoning Map or Text Amendments
Developing the Pro Forma - the Land Use Attorney’s Perspective
- Demographic Trends
- Mitigation Fees
- Local IDAs/LDCs and Funding
- Other State Funds/Grants
- Plan B Development
Mobilize Team
- Engineer/Architect/Planner
- Specialized Consultants
- Land Use Counsel
Making Your Record
- Identify All Approvals Required
- Subdivision
- Site Plan
- Other Permits - Wetlands, Steep Slopes, etc.
- Scope of Environmental Review
- Identify Areas of Environmental Concern
- Agree Upon Methodology for Quantifying Impacts/Designing Mitigation
- Empirical Data and Objective Facts Govern
- Eye on the Prize - Defending Approvals
Current Trends/Intangibles
- Impact of Social Media on the Entitlement Process
- Loss of Civility at Public Meetings
- 3D Digital Presentations
Questions
Speakers
David J Cooper, Esq.,
Zarin & Steinmetz- Partner at Zarin & Steinmetz
- Concentrates in land use, zoning, SEQRA/NEPA, wetlands permitting, and condemnation, including in public/private partnerships
- Represents private and nonprofit clients in residential/commercial land development applications before municipal review boards
- Serves as special counsel to municipalities on condemnation issues
- Litigates zoning, land use, eminent domain, and environmental cases
- Member, Board of Directors of Hudson Valley Pattern for Progress
- J.D. degree, Benjamin N. Cardozo School of Law; B.A. degree, Colgate University
- Can be contacted at 914-682-7800 or dcooper@zarin-steinmetz.com
Who Should Attend
This live webinar is designed for developers, real estate professionals, attorneys, presidents, vice presidents, city administrators, construction and project managers, contractors, surveyors, government officials, architects, engineers, and city planners.
