Gain an understanding of the various types of alternative land use regulations.
This topic will review a variety of alternative forms of land use regulations, i.e., regulations that seek to achieve policy goals through other than the traditional zoning means of use and bulk regulations. It will begin with a discussion of restrictive declarations, both as used historically and as currently relevant. It will review various zoning bonus mechanisms, including those directed at subsidizing public improvement projects and landmark and natural resource preservation. It will discuss particular regulations applicable to waterfront areas and various means used to ensure public access. It will discuss landmarks designation as type of land use regulation and it will discuss the particular types of programs and issues surrounding zoning incentives and requirements to achieve affordable housing goals. There will be a focus on including the private sector as a way of achieving public policy goals and on the outer, i.e., constitutional, boundaries on these alternative types of regulations.
Learning Objectives
- You will be able to define various types of alternative land use regulations.
- You will be able to describe different types of voluntary and mandatory affordable housing programs.
- You will be able to discuss the history and continuing relevance of restrictive covenants.
- You will be able to explain how landmarks regulation can function as a form of land use regulation.
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Agenda
Restrictive Covenants and Declarations
- Historic Nuisance Law
- Nuisance Concerns Incorporated Into Historic Restrictive Covenants That Often Survive Today
- Newly Used by Municipalities in Connection With Rezonings and Other Approvals
- Must Avoid the Trap of Contract Zoning
Bonus Mechanisms
- Bonuses for Public Amenities, e.g., Plazas and Arcades
- District Improvement Plan Contributions
- Landmarks Transfers
- Farmland, Natural Resource Preservation
Waterfront Access
- Special Zoning Regulations Often Apply in Waterfront Areas to Ensure Public Access
- In Other Cases, Land Use Approvals Can Be Conditioned on Public Access
- Conditional Approvals Have Been the Subject of Constitutional Challenges, Particularly Within the Field of Takings - Regulatory and Partial/Development Exaction Takings
Landmarks
- Brief History of Landmarks Regulations
- Directed Specifically at Concerns of Historic and Architectural Character of Buildings and Other Structures
- In Many Cases, Advocates Have Sought to Use Landmarks Designation as a Means of Regulating Neighborhood Scale or Even Stopping Development
- Economic Justice Issues Around Landmarks Regulations
Affordable Housing
- Bringing Private Sector Involvement to the Affordability Problem
- Courts Have Mandated Affordable Housing in Some Cases, e.g., Mount Laurel
- First Legislative Solutions Were Voluntary
- Recent Trend Toward Mandatory Inclusionary Housing
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Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on September 30, 2020.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Samuel Brill
Kramer Levin Naftalis & Frankel LLP
- Associate at Kramer Levin Naftalis & Frankel LLP, which has the largest land use practice in NYC
- Practice involves representing private developers and cultural, educational and health care institutions with respect to New York City land use issues; in that capacity, he advises clients on municipal law issues, the development potential of sites, and the land use and environmental review processes and practices before various New York City land use agencies
- Recent projects include advising a major real estate investment manager on construction loans for mixed-use, commercial, and industrial developments in Manhattan, Brooklyn, and Queens; representation of a developer in obtaining approval from the Board of Standards and Appeals for a transfer of development rights; and representation of developers in obtaining City Planning Commission Chair certification for floor area bonuses
- Has published on selected land use topics, including COVID-19-related impacts on land use; the Citywide “mechanical voids” text amendments to the Zoning Resolution; and special permit requirements for hotel development in manufacturing zoning districts
- J.D. degree, Yale Law School; B.A. degree, Yale University
- Can be contacted at 212-715-9317 or [email protected]
James P. Power
Kramer Levin Naftalis & Frankel LLP
- Partner at Kramer Levin Naftalis & Frankel LLP, which has the largest land use practice in NYC
- Practice involves representing private developers and cultural, educational and health care institutions with respect to New York City real estate development issues; in that capacity, he advises clients on municipal law issues, the development potential of sites, and the land use and environmental review processes and practices before various New York City land use agencies
- He also advises on inclusionary housing and 421-a benefits issues
- Recent projects include advising the development of a new primarily residential tower that would rise 1,066 feet in height and be the tallest building in Brooklyn; representation of a major New York City developer in obtaining a text amendment and City Planning Commission special permits for a new residential development in the West Clinton area; representation of a prominent design-build developer in obtaining a variance for a new residential project at a prominent site in Tribeca; and represented a major hotel investment firm on a series of development projects involving complex site assemblages and in the midst of regulatory changes
- Jim has lectured on land use and zoning at education programs sponsored by continuing legal educational organizations such as Lorman Education Services, and professional and industry groups such as the Appraisal Institute
- Has published and quoted on a range of land use topics, including COVID-19-related impacts on land use, residential conversions, air rights transactions, the Mandatory Inclusionary Housing and 421-a tax abatement programs, the floor area bonus structure in the Special West Chelsea District, and the recent restrictions on hotel use in M1 manufacturing districts; articles and quotes have been published in the New York Law Journal, Real Estate Weekly, the Commercial Observer, Law360 and New York Construction Magazine (quoted as “industry leader”)
- J.D. degree, New York University School of Law; B.A. degree, Williams College
- Can be contacted at 212-715-7839 or [email protected]
Sheila Pozon
Kramer Levin Naftalis & Frankel LLP
Sheila M. Pozon, Esq.
- Special Counsel at Kramer Levin Naftalis & Frankel LLP, which has the most experienced land use practice in NYC
- Practice involves representing private developers, private property owners, cultural and educational institutions, lenders, and investors with respect to New York City real estate development issues
- Advises clients on municipal law issues, the development potential of sites, and the land use and environmental review processes and practices before various New York City land use agencies, including the New York City Board of Standards and Appeals, the New York City Department of Buildings, the New York City Department of Finance, the Landmarks Preservation Commission, and the City Planning Commission
- Has extensive experience representing developers, sellers, investors, and lenders in zoning lot mergers for the purchase and sale of development rights
- Has lectured on zoning lot mergers and development rights transfers at education programs sponsored by the New York City Bar Association, has appeared on NY1, and quoted in the Commercial Observer, the Wall Street Journal, and the Real Deal on hotel and office conversions and New York State’s housing policies
- J.D. degree, Boston University; B.A. degree, Columbia College, Columbia University
- Can be contacted at [email protected] or 212-715-9123
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