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Kenneth K. Fisher

Member
P (212) 883-4962

Thomas P. Witt

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P (215) 665-5578

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      Zoning, Land Use & Development

      Before the first shovel enters the ground or the first sledgehammer hits a wall, builders and developers must navigate the difficult, frustrating and often maddening process of obtaining the vast array of required building, land use, zoning permits and approvals. Clients must have experienced counsel to guide them efficiently through this technical, highly political and frequently contentious process.

      Cozen O’Connor has represented residential, commercial, retail, and industrial builders in the development and redevelopment of building lots and millions of square feet of real estate. Our team handles every aspect of the zoning, land use, and development approvals process, from obtaining building permits and variances to negotiating stormwater management and traffic plans. We have experience working on multi-family homes and condominiums, office buildings and shopping centers, single-use buildings such as pharmaceutical headquarters and educational institutions, municipal buildings, and public infrastructure. We are equally adept at managing development in densely built cities as in suburban or rural regions.

      Having handled hundreds of projects to date, our real estate lawyers can recognize, anticipate, and resolve issues early. We advise clients candidly when a proposal is likely to confront insurmountable resistance in the approvals process and work closely with architectural, engineering, and budget experts to create realistic, approvable alternatives. Once a development plan is in place, we obtain the necessary approvals to allow construction to begin as soon as possible. We frequently engage government overseers on multiple, parallel tracks and are tenacious about advancing our clients development goals.

      Cozen O’Connor attorneys understand, however, that smart advocacy requires both persistence and diplomacy. Most real estate development—from the addition of a small parking lot to the construction of a one-million-square-foot high rise—invites objection from one party or another. To reach a satisfactory resolution and enable development to go forward, real estate counsel must listen to the concerns of all stakeholders and be able to communicate effectively with government officials, funders, community groups, and residents. Through open and respectful consultation, we are able to keep projects on track and out of court. In those rare cases when negotiation is not possible, we are prepared to litigate to protect clients’ legitimate property rights.

       

      SERVICE AREAS

      • Appear before boards of elected officials, planning commissions, and zoning hearing boards
      • Guide clients through local, state, and federal agency land use application processes
      • Negotiate zoning approvals, variances, special exceptions, and conditional uses
      • Advocate for rezoning on clients’ behalf
      • Obtain land use approvals and special use permits
      • Obtain site plan and subdivision approvals
      • Address grading, floodplain, stormwater management, and other environmental issues
      • Address highway occupancy and traffic considerations
      • Represent clients in land use, zoning, boundary line, and easement litigation

      Experience

      Obtained a significant land development approval for a 14-building, seven-phase project in Lower Gwynedd Township, PA, for our client, Ortho-McNeil, a subsidiary of Johnson & Johnson.


      Prosecuted Board of Standards and Appeals variance applications that enabled the conversion and enlargement of three manufacturing buildings in Brooklyn's Fulton Ferry Historic District and the conversion of a 70,000-square foot warehouse to residential use.


      Secured Landmarks Preservation Commission approval for the demolition of a non-contributing, low-rise structure and replacement with a 19-story, glass, contemporary landmark building in Manhattan's Madison Square North Historic District.


      Drafted Uniform Land Use Review application, transactional documents and other supporting material to facilitate the transfer of air rights from city-owned parcel to development site in downtown Brooklyn.


      Prepared chair certification and special permit applications to the City Planning Commission for approval of the landscape plan and special permit waiver of the maximum height limit for a development on a full square block along the Greenpoint waterfront.


      Guided development team through special permitting process for the demolition and replacement of landmarked parking garage with state-of-the-art facility.


      Worked with code consultant and architect to secure agency approvals from the Department of Buildings and Fire Department for a three-acre site with private roads on the Staten Island waterfront. Prepared chair certification and authorization applications to the City Planning Commission for approval of the landscape plan. Coordinated zoning compliance for project team and facilitated transfer of property from the City of New York to developer client.


      Attorneys

      Howard M. Brown Member West Conshohocken (610) 832-8362
      Kenneth K. Fisher Member New York (212) 883-4962
      Marc S. Intriligator Member New York (212) 453-3801
      Vivien Krieger Associate New York (212) 883-2228
      Jeffrey A. Leonard Chair, Business Law Department Philadelphia (215) 665-4157
      Christopher J. Preate Member Philadelphia (215) 665-6951
      Paul J. Proulx Member New York (212) 883-4944
      Gerald N. Schrager Of Counsel New York (212) 453-3872
      Benjamin Suckewer Member New York (212) 453-3894
      Ross Weiss Office Managing Partner West Conshohocken (610) 941-2361
      Thomas P. Witt Member Philadelphia (215) 665-5578

      Publications


      Greed Gets Its Groove Back [Northeast Real Estate Business]

      May 01, 2012

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      Events & Seminars

      Hot Topics Review: Legal Issues Affecting Property Management in Complex Times New York, New York 11/29/2012
      New York City Bar, Committee on Land Use, Planning & Zoning: “Community Benefit Agreements: Time For Reform?” New York, NY 05/17/2010

      In The News


      Ken Fisher featured in The Commercial Observer

      August 09, 2012

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      Ken Fisher quoted in Crain’s New York Business

      July 15, 2012

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      Cozen O’Connor Earns Client Recognition in 2010 Chambers USA Rankings

      June 18, 2010

      MORE

      Related Practice Areas

      Brownfields Development

      Distressed Real Estate

      Eminent Domain

      Office/Retail/Industrial Leasing & Development

      Real Estate

      Real Estate Finance

      Real Estate Litigation

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