In Riedman Acquisitions, LLC v Town Bd. of Town of Mendon, 194 AD3d 1444, 2021 NY Slip Op 02952 [4th Dept 2021], the Appellate Division, Fourth Department, addressed several significant issues concerning land development projects: (i) reversionary zoning, (ii) mandatory and discretionary site plan review, (iii) sewer agreements, and (iv) due process and
Local Law 97 of New York City’s Climate Mobilization Act (the “Act”) is the City’s aggressive greenhouse gas emission reduction plan for buildings. The City has published figures indicating that approximately 70% of greenhouse gas emissions are attributable to the City’s building stock. The Act sets lofty emission reduction goals for existing buildings, with emission
The Suffolk County legislature is currently considering a bill (I.R. 1478-2021) that would provide towns and villages with a greater opportunity to weigh in on certain zoning applications proposed in adjacent municipalities as part of the formal County review process pursuant to General Municipal Law § 239-m and Article XIV of the Suffolk County Administrative
Due to delays resulting from the COVID-19 pandemic, as well as other factors, many municipalities across Long Island are experiencing significant backlogs of processing building permit applications. In some towns and villages, applicants are waiting several months to obtain a building permit. Currently, building permits can only be issued by local municipalities and their officials
A recent and alarming statistic shared by the Suffolk County Department of Health Services indicates that more than 80% of nitrogen found in Long Island’s surface waters is attributable to sewage. As if the idea of sewage constituents making their way into our lakes and bays isn’t concerning enough, the environmental impacts of nitrogen on
In 2017, 8 Bayberry Rd, LLC submitted an application to the Zoning Board of Appeals of the Village of Bellport (“ZBA”) seeking several variances to convert an existing three-car garage into a squash court and work out area resulting in a new 23 foot high building in the front yard, ten feet from the side
Last month, the Appellate Division, Third Department, held the Mined Land Reclamation Law (“Mining Law”), as amended, does not preempt certain local zoning laws which prohibit mining. Specifically, in Town of Southampton v New York State Dept. of Envtl. Conservation, 2021 NY Slip Op 03351 [3d Dept 2021], the Appellate Division held the
In 2018, the Federal Communications Commission (“FCC”) issued an Order governing the installation of small cell nodes and other telecommunications facilities in an effort to speed up the deployment of the newest generation of wireless technology known as 5G. A small cell node typically consists of a single small antenna and related accessory equipment placed
On March 2, 2021 New York’s Office of Renewable Energy Siting (“ORES”) issued final regulations governing the siting of major renewable energy facilities pursuant to obligations established by the Accelerated Renewable Energy Growth and Community Benefit Act (the “Act”). The regulations serve as a tool to achieve the climate change targets established by the Climate
In Dodge v. Baker, Plaintiff and Defendants are neighboring property owners of two parcels of land located in the Village of Sodus (the “Village”), in Wayne County, New York (the “Parcels”). Each parcel was created as the result of a subdivision by the original grantor, Sodus Bay Heights Land Co. (“Land Company”), at some