Agenda

Webinar instructions will be emailed before the date of the webinar.

Please log into the webinar 15 – 30 minutes before start time.

Thursday, September 29, 2022 
8:30 am – 3:20 pm EDT (including a 30-min. break)

 

Agenda
Zoning Enforcement in Pennsylvania
Criminal v. civil nature
Zoning enforcement “phases” –
identification, investigation, enforcement
Contents of a zoning NOV
NOV appeal process
Common property owner defenses –
equitable estoppel, vested rights,
• Variances by estoppel
Magistrate stage and fines

Local Land Use Ordinances and Comprehensive Plans in Pennsylvania
Comprehensive plans
• When a comprehensive plan is required
• Components of comprehensive plans and its binding effect on local land use decisions
• Plan adoption and enforcement
Zoning ordinances
• Required components
• Enactment and amendment process
• Designation of zoning districts
• Distinction between permitted uses, special exceptions, and conditional uses
• Typical bulk and area regulations (setbacks, noise, ingress/egress, parking, etc.)
Subdivision and Land Development Ordinances (SALDOs)
• Required components
• Enactment ad amendment process
• Financial security

Obtaining and Objecting to Land Use Determinations
Land use determinations and procedures
•Subdivisions, lot consolidations, and land developments
•Zoning ordinance amendment requests
– Rezoning and text amendments
– Curative amendments
•Variances special exceptions
•Conditional uses
• Appeal of zoning officer decisions
Appeal process
•Zoning Hearing Board
• Court of Common Pleas
• Commonwealth Court
• PA Supreme Court

Participating in the Condemnation Process
Condemnation process for government use
Hearing and right of appeal
Valuing the property taken
Condemnation process for utility and other quasi-public use

Eminent Domain Law
Understanding eminent domain powers
• Source of eminent domain powers
• History of the exercise of eminent domain powers
• Types of eminent domain “takings”
Just compensation: valuing “taken” property
Privatization of eminent domain and other current issues

 

Webinar Instructions
Each webinar session earns continuing education credit and can be registered for individually. All attendees must log-on through their own email – attendees may not watch together if they wish to earn continuing education credit. HalfMoon Education Inc. must be able to prove attendance if either the attendee or HalfMoon Education Inc. is audited.

Certificates of completion can be downloaded in PDF form upon passing a short quiz. A link to the quiz will be sent to each qualifying attendee immediately after the webinar. The certificate can be downloaded from the Results page of the quiz upon scoring 80% or higher.

Webinars are presented via GoToWebinar, an easy-to-use application that can be run on most systems and tablets. Instructions and login information will be provided in an email sent close to the date of the webinar. It is highly recommended that you download, install and test the application before the webinar begins by clicking on the link in the email.

GoToWebinar App requirements:
Windows 7 – 10 or Mac OSX Mavericks (10.9) – macOS Catalina (10.15)

Web Browser:
The two most recent version of the following browsers:
Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Edge
Internet Explorer v11 (or later) with Flash enabled

Internet connection: Minimum of 1Mbps       Hardware: 2GB RAM or more

For more information, visit the Support section at www.gotowebinar.com

Credits

Professional Engineers:
7.0 PDHs (50-minute Hour)

Architects:
6.0 HSW CE Hours
6.0 AIA LU|HSWs

Attorneys:
6.0 CLE Hours

Certified Planners:
CM|6

 

Continuing Education Credit Information

This webinar is open to the public and is designed to offer 7.0 PDHs to professional engineers and 6.0 HSW continuing education hours to licensed architects in Pennsylvania. Architects licensed in Pennsylvania are not required to complete continuing education activities for licensure renewal.  

 

The Pennsylvania Board of Engineers, Land Surveyors and Geologists does not provide preapproval for any continuing professional competency activities, courses, or providers. This course is designed to meet the Board’s requirements. 

 

This course offers 6.0 CLE hours to Pennsylvania attorneys. HalfMoon Education is an approved CLE provider for Pennsylvania attorneys (No. 1613). 

 

HalfMoon Education is an approved CM Provider with the American Planning Association. This course is registered for CM | 6 for Certified Planners. 

 

HalfMoon Education is an approved continuing education sponsor for engineers in Florida (Provider No. 0004647), Indiana (License No. CE21700059), Maryland, New Jersey (Approval No. 24GP00000700) and North Carolina (S-0130). HalfMoon Education is deemed an approved continuing education sponsor for New York engineers and architects via its registration with the American Institute of Architects Continuing Education System (Regulations of the Commissioner §68.14(i)(2) and §69.6(i)(2)). Other states do not preapprove continuing education providers or courses. 

The American Institute of Architects Continuing Education System has approved this course for 6.0 LU|HSWs (Sponsor No. J885). Only full participation is reportable to the AIA/CES. 

 

Professionals seeking continuing education credits in other states will be able to claim the hours earned from this course, in most cases. Refer to specific state rules to determine eligibility. 

 

Attendance will be monitored, and attendance certificates will be available after the webinar for those who attend the entire course and score a minimum 80% on the quiz that follows the course (multiple attempts allowed). 

Speakers

Alyssa Golfieri

Alyssa Golfieri is a shareholder in the Corporate and Commercial, Real Estate, and Public Sector groups of Babst Calland. Ms. Golfieri’s practice focuses primarily on corporate and real estate transactions, land use, and municipal law, with a strong emphasis on zoning, subdivision, and land development for both private and public sector clients. She advises and represents private sector clients on a wide array of real estate and land use related matters, including acquisitions, leases, easements, options, subdivisions, and land developments.  In this role, Ms. Golfieri assists private companies of various sizes and complexity work through all stages of a transaction, from site selection and due diligence to negotiation of purchase and sales agreements, to obtaining all necessary municipal land use approvals and permits, including special exception, conditional use, variance, subdivision, lot consolidations, and land development approvals. In addition, she counsels and represents municipal clients on a wide array of local land use and government issues, including economic development, the preparation of zoning and land development ordinances pursuant to the Pennsylvania Municipalities Planning Code, the processing of land use and development applications, navigation of public bidding matters, and defense of Notices of Violations before zoning hearing boards and magisterial district judges.   Ms. Golfieri has served as a municipal and zoning hearing board solicitor for several years.  She is currently serving as solicitor for Frazer Township and Ford City Borough, and assistant solicitor for Sewickley Heights Borough. She has also successfully represented and obtained favorable decisions for both private and public sector clients on appeals and/or challenges of municipal decisions and approvals before local governing bodies, zoning hearing boards, the Pennsylvania Common Pleas Court, the Pennsylvania Commonwealth Court, the Pennsylvania Supreme Court, and the United States District Court for the Western District of Pennsylvania. The bifurcated nature of Ms. Golfieri’s practice between the private and public sectors allows her the opportunity to offer clients a unique, strategic, and cost-effective perspective when advising on legal matters.

Frank Kosir Jr.

Frank Kosir, Jr. is an attorney with Meyer, Unkovic & Scott LLP. Mr. Kosir has significant civil litigation and general practice experience in all areas of real property law including real estate tax assessment appeals, real estate sales, purchase, and leasing, oil and gas lease negotiations, real estate title defense and claims, landlord-tenant actions, quiet title actions, eminent domain actions, zoning and land use actions, boundary line disputes and Covid-19 related real estate issues. Prior to entering the practice of law, he acquired extensive experience in all facets of real estate development, sales, construction, and leasing with his family’s home construction company, which has operated for more than sixty years. Mr. Kosir’s knowledge of the construction, planning, and business aspects of real estate provide him with a unique understanding that he utilizes in assisting clients. He writes quarterly real estate update columns in The Legal Intelligencer and frequently lectures at continuing legal education programs.  

Scott Rothman

Scott Rothman is Partner with the firm Curley & Rothman LLC and he founded the firm’s real estate practice, encompassing both litigation and transactional matters. Through his work on behalf of the major title underwriters, he has developed the tools to get deals done right, and to cure deals gone wrong.  In the courtroom, his track record for unwinding frauds and resolving property disputes has earned him accolades as one of Pennsylvania’s premier real estate litigators. Mr. Rothman is also licensed as a title agent and settlement officer in Pennsylvania and New Jersey, and manages the firm’s affiliated title companies, Spring Mill Settlement Services and Starboard Title.

Peter Schnore

Peter Schnore is a shareholder, Babst Calland and he helps his clients resolve real estate-related disputes including real estate tax-assessment appeals, eminent domain proceedings, and Pennsylvania real estate broker’s fees, planned community, condominium, boundary, and title disputes. He also negotiates real estate leases, easements, and related agreements. One area of concentration in Mr. Schnore’s practice is real property tax assessment appeals. He represents commercial and industrial property owners before county boards of assessment appeals and courts throughout Pennsylvania who are either seeking a real property tax exemption or a reduction in their tax obligations. Mr. Schnore has also represented many clients faced with defending the assessed value from a challenge brought by a local taxing authority. He has represented owners and lessees of a wide variety of property types including office, retail including conventional malls and lifestyle centers, restaurants, banks, hotels, multi-family including affordable housing, industrial plants, manufacturing facilities, cellular towers, landfills, mines and other mineral interests, and vacant land.

John K. Trant Jr.

John Trant, Jr. has over twenty years of strategic planning, land use, economic development, government administration and municipal management experience working in both the public and private sectors. He often works closely with local governments throughout Pennsylvania to strategically address management, planning, land development and zoning matters. Mr. Trant pulls from his experiences as a consulting expert and as a local government administrator to efficiently and effectively assist local governments. His experience with municipalities of all shapes and sizes adds the value of a broad perspective and his knowledge as a municipal administrator brings practical insight and understanding of how to successfully address challenges and implement change at the local government level.

AIA Info

AIA Provider Statement:

HalfMoon Education Inc. is a registered provider of AIA-approved continuing education under Provider Number J885. All registered AIA/CES Providers must comply with the AIA Standards for Continuing Education Programs. Any questions or concerns about this provider of learning program may be sent to AIA/CES (cesupport@aia.org or (800) AIA 3837, Option 3).

This learning program is registered with AIA/CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product.

AIA continuing education credit has been reviewed and approved by AIA/CES. Learners must complete the entire learning program to receive continuing education credit. AIA continuing education Learning Units earned upon completion of this course will be reported to AIA/CES for AIA members. Certificates of Completion for both AIA members and non-AIA members are available upon request.

Course Title: Pennsylvania Land Use Law and Eminent Domain for Building Professionals

Delivery Method: Live Online

Course Description: This course discusses land use law and eminent domain in Pennsylvania and is optimized for an audience of building professionals. Specifically, the course discusses zoning enforcement, land use ordinances, comprehensive plans, land use determinations, the condemnation process and eminent domain law.

Learning Objectives:

Learning Objective 1:
Learners will be able to understand the zoning enforcement and appeals process and review common property owner defenses such as equitable estoppel and vested rights.

Learning Objective 2:
Learners will be able to determine when a comprehensive plan is required and identify the components of comprehensive plans.

Learning Objective 3:
Learners will be able to identify the required components of zoning ordinances, understand the enactment and amendment process, and draw distinctions between permitted uses, special exceptions, and conditional uses.

Learning Objective 4:
Learners will be able to understand the source and history of eminent domain powers, the types of “takings,” and the concept of just compensation. Current issues such as the privatization of eminent domain will also be discussed.

Learning Objective 5:
Learners will be able to obtain and object to land use determinations.

LUs: 6.0                                                                                              LU Type: LU|HSWs.

Prerequisites: Experience with site development

Advance Preparation: None

Program Level: Intermediate

Course Expiration Date: 

Complaint Resolution Policy:

Complaints regarding this course can be emailed to fchapman@halfmoonseminars.org or by calling (715) 835-5900. A HalfMoon Education representative will respond within 72 hours to resolve the complaint, which will include, but not limited to, access to another CE activity at no or reduced cost or a full or partial refund. Each instance will be resolved on a case-by-case situation.

Streamable MP4/PDF Price: $329.00

DISCLAIMER

Before undertaking any on-demand effort, you should review the rules of your licensing/certifying entity. It’s your responsibility to determine whether or not this on-demand course meets your continuing education requirements.

You must take and pass a quiz in order to receive credit. You can take the quiz as many times as needed and there is no time limit on the quiz. Once the quiz is completed, you will be asked to download your certificate.

Videos that qualify for AIA, LACES, ASLA, or CLARB credit will require an extra week for processing.

Streamable MP4/PDF

Available approximately 1 week after the date of the live event or the date of your order, whichever is later.

To track your purchase you will need to create an account on the website using the email address used for your registration.

The video will have occasional question prompts that will not allow the video to progress unless they are answered. You will not be able to skip forward while watching the video.

If you attempt to resume watching the video on a separate device, your progress will not be saved.

Click the link which appears at the end of the video to be taken to the course quiz.

USB MP4/PDF

HalfMoon will mail these materials via USPS. Please allow 2 weeks from the date of purchase to receive your product. If the live seminar is in the future, please allow 5 weeks from the date of the live seminar.

The link to the quiz will be available in a PDF in your USB drive marked QUIZ.

HalfMoon will contact you and issue a full refund if the product you ordered is not available. However, refunds will not be issued if completion certificates are requested.

Please contact HalfMoon Education if you have any questions during the process of taking this course. (715) 835-5900 or qchapman@halfmoonseminars.org