This program is eligible for 7 hours of CLE credit in 60-minute states. In 50-minute states, this program is eligible for 8.4 hours of CLE credit. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.
Overview
Changing populations, economies and land use patterns present regulatory and community planning challenges for public officials at all levels. This Institute is designed to help land use practitioners tackle those challenges head-on. Our experienced faculty will examine significant trends, recent case law, recent legislation, regional development patterns and regulatory changes that will impact real estate development in the Commonwealth both now and for years to come.
This year’s topics include:
- Case Law Updates
- Legislative Update – Zoning and Land Use Topics
- Tips to Prepare and Applications to Zoning Hearing Boards
- Validity Challenges for Unique and Evolving Land Uses
- Updates on the Permit and Approval Process for PennDOT HOP, PennDOT Utility Permits, DEP NPDES Permit, County Conservation District E&S Approvals, DEP General Permits, and the Planning Module Approval and Exemption Process.
- Ethics: A Short Guide on How to Stay out of the Newspapers
- The Evolving Law as to Vacation Rentals, Student Housing and Group Homes
Recorded in November 2024.
Faculty
Robert W. Gundlach, Jr., Esq.
Mr. Gundlach is a partner in Fox Rothschild’s Real Estate Department and is a locally recognized authority in the field of Pennsylvania zoning and land use law. He is the past chair of the firm’s Real Estate Department and now co-chairs the firm’s Zoning and Land Use Group. Mr. Gundlach represents numerous developers, builders and property owners with their land use, zoning and subdivision/land development work in Bucks, Montgomery, Chester, Delaware, Lehigh, Berks, Northampton and Philadelphia counties. As part of his day to day work in the field of zoning and land use law, he represents clients with a broad range of matters, including applications to zoning hearing boards and boards of adjustment for variances, special exceptions and interpretations; rezonings, both map and text amendments; curative amendment and validity challenges, both substantive and procedural; subdivisions to create new building lots; land development for new projects and expansions to existing commercial and industrial buildings; and subdivision and land development waivers. Mr. Gundlach is active with the Home Builders Association of Bucks and Montgomery Counties (where he is on the Board of Directors and a member of the Government Affairs Committee), the Home Builders Association of Chester/Delaware Counties and the Building Industry Association of Philadelphia. He is also active with the International Council of Shopping Centers and NAIOP. Mr. Gundlach is a frequent lecturer and author on zoning and land use subjects in the Commonwealth of Pennsylvania. He is admitted to practice in Pennsylvania and New Jersey.
Joan E. London, Esq.
Ms. London is a Shareholder with the firm of Kozloff Stoudt, Professional Corporation in Berks County, PA, practicing in the areas of municipal law, land use, employment law, and appellate practice. Born in Philadelphia, she is a graduate of Villanova University, with a BA and MA in Political Science, and a J.D. from The Dickinson School of Law in Carlisle. Ms. London is a member of the Berks County and Pennsylvania Bar Associations (PBA). She is past Chair of the Municipal Law Section of the PBA and served as a member of the PBA House of Delegates. Ms. London served as President of the Berks County Bar Association in 2018, served as its Treasurer from 2003 to 2006, and now serves as Co-Chair of its Municipal/Education/Environmental/Real Estate Section. Ms. London has planned and taught seminars and appeared in programs offered by the Pennsylvania Bar Institute, the Pennsylvania State Association of Boroughs, the Albright College Center for Excellence in Local Government, the Berks County Bar Association, the Society for Human Resources Management, the PA Association of Sewage Enforcement Officers, the Pennsylvania Planning Association, and the Pennsylvania Housing Alliance. These programs have addressed topics including validity challenges to land use ordinances, zoning for agricultural preservation, the Sunshine Act, the Right to Know Law, wage and hour law, employment discrimination, ethics for professional land use planners, administrative search warrants, and blighted property remediation. Ms. London authored the chapter titled “Meetings and Records” for the Solicitor’s Handbook published by the Governor’s Center for Local Government Services of the Pennsylvania Department of Community and Economic Development, and co-authored a cover article for the May-June 2013 issue of The Pennsylvania Lawyer magazine titled “Emerging from the Red: What to do About Municipalities In Financial Trouble.” She is a regular contributor to the Berks County Bar Association quarterly magazine, The Berks Barrister.
Frederick E. Ebert, P.E.
Mr. Ebert has more than 30 years of experience in water and wastewater engineering and has coordinated the planning, design, management and construction of complex water and wastewater projects throughout Pennsylvania. He is the founder and president of Ebert Engineering, Inc.Ebert Engineering is a consulting engineering firm that specializes in water and wastewater engineering services for both the private and municipal sectors. During the course of an average year EE, Inc. will prepare approximately fifty Sewage Facilities Planning Modules and three to five Act 537 Plans for its private and municipal clientsEE, Inc. will also design between twenty to thirty wastewater pump stations, five to seven water booster pump stations and three to five wastewater treatment plants. Ebert Engineering also serves as the appointed wastewater or water engineering firm for numerous municipalities and authorities. Mr. Ebert has extensive experience in the PA DEP Sewage Facilities Planning as well as the design of treatment and conveyance systems for both water and wastewater. His specialty is in complex Sewage Facilities Planning as well as land application and the beneficial reuse of treated effluent. He has designed complex regional wastewater systems where the treated effluent from one regional facility was to irrigate golf courses and drip irrigation in passive recreational areas. Mr. Ebert is the client contact for ten different municipal clients.
John R. Wichner, P.E., PTOE
Mr. Wichner is an Associate with McMahon Associates, Inc., a Bowman company, and serves as the Office Lead for the Allentown office responsible for quality of work, personnel development, financial management, business development activity, and the growth of McMahon’s presence in the Lehigh Valley region. For over 20 years, John has focused on private sector and municipal transportation projects, multimodal transportation projects, procurement of grant funding for local municipalities, and preparation of the transportation elements of land development applications for uses such as industrial, health care, educational facilities, commercial/retail users, residential/office complexes, and infill redevelopment projects, especially which help revitalize outdated or aging communities and act as economic drivers. He has qualified as an expert witness in transportation engineering and has testified in over 60 municipalities throughout eastern Pennsylvania. He chairs McMahon’s Mid-Atlantic Region’s Business Development efforts in the private sector. John’s contributions to the region earned him the Lehigh Valley Business 40 Under 40 recognition in 2015. John has had the opportunity to be a speaker at numerous industry societies, including at the American Planning Association (PA Chapter) Annual Conference, the ITE Mid-Colonial District Annual Meeting, the ITSPA Annual Conference, the MASITE Annual Meeting, and at the Center for Excellence in Local Government (CELG) PA Land Use Institute. Mr. Wichner earned a B.S. in Civil Engineering from the Pennsylvania State University and a Master of Science degree in Transportation Engineering from Villanova University. He is a registered Professional Engineer in 4 states, has recently completed an Officer’s position with the Montgomery County Transportation Authority, and has also been appointed to his local municipality’s Zoning Hearing Board, serving as chairperson.
Michael T. Korns, Esq.
Michael Korns is Senior Counsel in the Public Sector and Energy and Natural Resources groups of Babst Calland. Mr. Korns has wide experience with issues related to land use and advises both public sector bodies and private developers on issues related to municipal permitting, planning, subdivision and land use, and zoning. He has significant experience litigating zoning and land use cases and has successfully argued zoning and land use matters in the Court of Common Pleas and the Pennsylvania Commonwealth Court. He regularly appears in front of zoning hearing boards, planning commissions, and governing boards on behalf of private developers and impacted property owners. Mr. Korns has served as a solicitor for municipalities, school districts, zoning hearing boards, and municipal authorities; he comes to Babst Calland as the current solicitor for multiple public bodies. Mr. Korns counsels and represents the Firm’s municipal clients on general municipal issues, including tax assessment appeals, municipal taxation, public bidding, Sunshine Act, to Right-to-Know Law, the State Ethics Act, general land use and zoning matters,and code enforcement. He also advises the Firm’s energy clients on issues related to land use, permitting, zoning, and code compliance.
Jason M. Hess, Esq.
Mr. Hess is a shareholder at the Lancaster firm of Morgan, Hallgren, Crosswell & Kane, P.C. where he focuses his practice in municipal, zoning and land use law and litigation. Before entering private practice, Mr. Hess served as City Solicitor for the City of Harrisburg during the capital city’s transition from financial distress to financial recovery. Mr. Hess is a past chair of the Municipal Law Section of the PBA and remains a member. He is also a member of the Lancaster Bar Association and past chair of its Municipal, Zoning and Environmental Law Section. Mr. Hess authored the chapters titled “Zoning” and “Zoning Hearing Boards” of the Solicitor’s Handbook published by the Governor’s Center for Local Government Services of the Pennsylvania Department of Community and Economic Development. In addition to his career, Mr. Hess serves on the Board of Directors of Tenfold, a nonprofit supporting the homeless and at risk of homelessness populations in Lancaster and surrounding areas. Mr. Hess received his J.D. from the University of Pittsburgh School of Law and his B.A. from the University of Pittsburgh.
Patrick M. Hitchens, Esq.
Mr. Hitchens is a non-equity shareholder with Kilkenny Law, LLC, which firm focuses on Municipal Law and Zoning & Land Use and represents over thirty different municipal entities including townships, boroughs, home rule municipalities, zoning hearing boards, and authorities located in Montgomery County, Bucks County, Delaware County, and Chester County. Mr. Hitchens primarily represents municipal clients in all aspects of municipal law including zoning and land use, code enforcement, Act 511 and business tax matters, property tax assessments, and compliance issues. As a municipal solicitor, he frequently attends public meetings and public hearings either to advise and assist municipal officials or to advocate on their behalf. In addition to representing several zoning hearing boards, Mr. Hitchens also appears before zoning hearing boards, tax hearing officers, magisterial district courts, and courts of common pleas on various matters ranging from municipal enforcement to zoning appeals and local tax collection. He has also argued before the Commonwealth Court and the Superior Court. Mr. Hitchens has given multiple presentations to municipal and legal groups including the Pennsylvania State Association of Township Supervisors, the Pennsylvania Business Privilege and Mercantile Tax Collectors Association, the Pennsylvania Boroughs’ Association, and the Montgomery County Consortium of Communities on various topics such as the zoning process and compliance. In addition to his legal work, Mr. Hitchens serves as a member of his local Zoning Hearing Board and is a Board Member on Wissahickon Trails, a non-profit land conservancy organization.
Carrie B. Nase-Poust, Esq.
Ms. Nase focuses her practice in representing developers, educational institutions, builders and property owners in connection with real estate matters, including transactional, zoning and land use, and related business matters in Pennsylvania. Her zoning and land use experience includes: applications to zoning hearing boards and zoning boards of adjustment for variances, special exceptions, conditional use approvals and zoning interpretations; rezonings, including both map and text amendments; curative amendments and validity challenges – both substantive and procedural; subdivisions to create new building lots; land development for new projects; securing zoning, subdivision and land development approvals; assisting developers in reviewing due diligence documents (residential or commercial) in transaction matters; and representing developers, builders and property owners in land use litigation. Ms. Nase’s transactional work includes: representing developers and homeowners in the acquisition, sale, leasing and financing of property, including the preparation and negotiations of agreements of sale, reviewing title issues, and reviewing and negotiating loan documents; preparation of easements; preparation of commercial leases for retail and office for both landlord and tenant; representing planned community associations and condominium associations; preparation of documents to form planned communities and condominiums, both residential and commercial; preparation and negotiation of loan documents; formation of corporations, partnerships and limited liability companies; representing clients in completing 1031 transactions; and preparing conveyance documents, including deeds, easements and declarations of covenants. She was selected as a “Pennsylvania Rising Star” by Philadelphia Magazine and Law & Politics Magazine (2006, 2007, 2008). Ms. Nase received her J.D. from Temple University School of Law in 2004 and her B.A. from Temple University in 2000. She is admitted to practice in Pennsylvania. Her memberships include: Community Associations Institute; Home Builders Association of Bucks and Montgomery Counties; International Council of Shopping Centers; Philadelphia Building Industry Association, Government Affairs Committee; Urban Land Institute; and CORA Services, Inc., Governance Committee.
Zachary H. Ranstead, P.E., LEED AP, CFM
Mr. Ranstead is a Project Manager with 26 years Civil Engineering experience. His work involves design and management of all types of land development projects with an emphasis on stormwater, flood study, erosion control and BMP/SCM designs. His experience includes permitting for DEP, Conservation Districts, FEMA and DOTs throughout Pennsylvania and New Jersey. Mr. Ranstead also consults for a private client on nationwide real estate investments. Mr. Ranstead advises in a mentor/QaQc role for FEMA RTOs through Compass. Mr. Ranstead developed new PADEP-approved stormwater volume management credits achieved through the design of baseflow replication for sites with infiltration limitations. These methodologies were vetted with the Stormwater Technical Workgroup, a consortium working with PADEP to revise the Stormwater BMP Manual. PADEP favorably considered his work as Standard Guidance, rebranded as the Managed Release Concept (MRC).
Jenifer A. Layman, Esq.
Jenifer Layman has been an attorney with the Pennsylvania State Ethics Commission since March 2021. She is currently the Director of Enforcement, Litigation, & Education. Ms. Layman provides legal support for ongoing investigations, acts as trial counsel for the Investigative Division of the Pennsylvania State Ethics Commission, leads trainings about the Ethics Act around the Commonwealth, and handles civil penalty proceedings. Previously, Ms. Layman was a prosecutor with the York County District Attorney’s Office for a little over 18 months and a prosecutor with the Baltimore City State’s Attorney’s Office in Maryland for over 16 years, where she prosecuted violations of narcotics and handgun laws. Ms. Layman finished her career in Baltimore with the Police Integrity Unit of the State’s Attorney’s Office, where she investigated and prosecuted allegations of official misconduct. Ms. Layman earned her law degree from the University of Baltimore School of Law and her Bachelor of Arts from Case Western Reserve University. She is licensed to practice law in both Maryland (since 1998) and Pennsylvania (since 2018).
James M. Strong, Esq.
Jamie practices in the Real Estate Group at McNees Wallace & Nurick. He concentrates his practice on representing wireless telecommunications providers and tower companies in all land use and leasing matters. Jamie represents clients in zoning and land use proceedings before municipal planning commissions, governing bodies and zoning hearing boards throughout the Commonwealth. He also represents clients in the acquisition, sale, development and leasing of real estate.
Philip J. Petrina, Esq.
Phil Petrina is a Real Estate Attorney at McNees Wallace & Nurick. He concentrates on land use and leasing matters representing clients in zoning and land use proceedings before local governing bodies throughout the Commonwealth. He also assists clients with property acquisitions, commercial and retail lease negotiations.
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