2A —November 18 - December 22, 2022 — M id A tlantic Real Estate Journal


M id A tlantic Real Estate Journal

M id A tlantic R eal E state J ournal Publisher, Conference Producer ..............Linda Christman AVP, Conference Producer ...........................Lea Christman Conference Producer .........................................Matt Wolpe Editor/Graphic Artist ......................................Karen Vachon Contributing Columnist .. .Rosetta Taylor, BBG Zoning Services; Timothy Naski & Michael Doyle, AIA of ECS Mid-Atlantic, LLC Mid Atlantic R eal E state J ournal ~ Published Monthly Periodicals postage paid at Hingham, Massachusetts and additional mailing offices Postmaster send address change to: Mid Atlantic Real Estate Journal 117 HMS Halsted Dr., Hingham, MA 02043 USPS #22-358 | Vol. 34, Issue 11 Subscription rates: 1 year $99.00, 2 years $148.50, 3 years $247.50 & $4.00 single issue - plus postage REPORT AN ERROR IMMEDIATELY MARE Journal will not be responsible for more than one incorrect insertion Phone: 781-740-2900 www.marej.com

Rosetta Taylor

Why Zoning Due Diligence is the

Beginning and End of Real Estate Transactions oning laws are a fact of life in practically every part of the United States. They create an orderly develop- ment of property that benefits communities economically, socially, and environmentally. Zoning constantly evolves keeping pace with real estate trends, such as the prolifera- tion of all types of uses such as multi-family housing, retail, office, self-storage, warehouse/ distribution facilities, and the changing needs of communities. As a result, commercial and residential real estate projects can sometimes face zoning issues which may cause time- consuming and costly delays in a financial transaction, or pos - sibly prevent the development of new construction. To help alleviate this prob- lem, property owners, lend- ers, investors or borrowers typically obtain assessments or due diligence reports on their projects. From a zoning perspective, parties Z

should order a zoning as- sessment report which pro- vides the history, existing conditions and a breakdown of the use, structure(s) and improvement compliancy. The zoning report is a prod- uct that includes confirmation of the property jurisdiction, zone district, use permissions, developmental guidelines, in- formation and documentation on zoning, building, fire vio - lations, planning approvals, and certificates of occupancy. In addition, to determine the improvements and structure legality, the report compares client-provided due diligence such as an ALTA survey, ap-

praisal or property condition reports to the zoning require- ments in order to determine the compliance of the property in question. Zoning assessments are also beneficial to the telecom - munications industry. A zon- ing report can help answer a variety of questions, such as: Is the cell tower in compli- ance with the current zoning laws? Can a cell tower be placed on a particular parcel without knowing if it’s al- lowed by the municipality? If this cell tower was destroyed by natural disaster, can we rebuild it? continued on page 21A

Firmly Rooted in the Law and in the Community We are well grounded in every facet of real estate law, from acquisition to construction. We are committed to serving the needs of our clients and our communities.

Contact: NEIL A. STEIN • nstein@kaplaw.com 910 Harvest Drive, Blue Bell, PA 19422-0765 • 610-941-2469 • kaplaw.com Other Offices: • Cherry Hill, NJ 856-675-1550 • Philadelphia, PA 215-567-3120 Kaplin Stewart Attorneys at Law

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