Land Use, Zoning and Real Property Development

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The Land Use, Zoning and Real Property Development Practice Group of Carter Conboy serves clients in both the private and public sector, including developers, municipalities, individuals, businesses, and environmental organizations.

Carter Conboy attorneys serve as counsel and lead contact on projects to ensure coordination at all levels of development from site acquisition to land use approvals to financing.  We provide comprehensive assistance and in-depth strategic guidance to our clients in navigating complex land use laws and regulations, providing a full range of legal services from routine regulatory compliance, development financing, municipal taxation, Payment-In-Lieu-of-Taxes Agreements, economic development programs, joint venture relationships, land acquisition, permitting and legislative enactments; all performed to meet our clients’ objectives and property development needs. We regularly represent our clients before local zoning, planning and municipal boards and with a variety of New York State agencies. We benefit from long-standing and beneficial relationships with planning, zoning, engineering and architecture professionals which provide opportunities for collaboration and cost-effective representation. We also have extensive experience in providing counsel on the New York State environmental approval process known as the State Environmental Quality Review Act (SEQRA) and the federal National Environmental Policy Act (NEPA).

In addition to land use approvals, our attorneys have counseled clients in multi-million dollar commercial transactions including the preparation of commercial and residential real estate purchase contracts, options to purchase, space leases, ground leases, restrictive covenants, and easements. Carter Conboy is also able to leverage the depth of experience from its banking practice group to represent borrowers in all their financing needs from traditional loans to IDA financing.

In light of Carter Conboy’s preeminent reputation as litigators, the firm is also poised to bring the appropriate legal relief in the event that a municipal or administrative land use decision was made in error. We are well versed in the Article 78 municipal review process and have handled reviews of variance, site plan and special permit denials, SEQRA findings, and legislative zoning decisions.

Our attorneys have also been called upon by local municipalities to provide counsel in matters of municipal zoning and planning, including rezoning, comprehensive plan processes, SEQRA counsel on large-scale development, and Article 78 defense of land use decisions. Legal services include:

  • Land use counsel for use and area variances, special use permits, site plan approval, planned development districts, and rezoning.
  • SEQRA counsel for environmental review of all projects under either a Negative Declaration or Positive Declaration.
  • Site acquisition counsel for purchase, financing and development of land.
  • Economic development counsel for local, region and New York State programs.
  • Commercial development counsel provided for joint ventures, complex tenancy relationships, and multiple-entity contracting.