Why Choose Us?
Trisha routinely works with developers, owners, municipalities, engineers, and other parties involved in various types and sizes of land use and land development projects. She has negotiated and obtained land development and zoning approvals and entitlements for single family residential, commercial, industrial, retail, and office use.
Trisha often appears before planning commissions, governing bodies of municipalities, and zoning hearing boards and has successfully argued land use cases before the Commonwealth Court.
Related Projects and Accomplishments:
- Successfully obtained land development and zoning approvals for a residential housing development.
- Obtained conditional use and other variance relief for a mixed-use commercial development.
- Obtained special exception approval for the expansion of a large industrial use.
- Obtained conditional use approval and successfully negotiated terms for filling an existing quarry for future development.
- Successfully argued before the Commonwealth Court in the following published cases:
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FAQs
What’s the difference between a variance, a special exception, and a conditional use?
These are the three main ways to get relief from a municipality’s zoning ordinance, and they’re decided differently. A special exception is a use the ordinance already permits in that zoning district, but only if you can show your specific proposal meets objective criteria the ordinance spells out — these are decided by the zoning hearing board. A conditional use works almost identically, except the municipality’s governing body (the board of supervisors or council), not the zoning hearing board, decides it. A variance is different in kind: it’s permission to deviate from the ordinance’s requirements — for a use the ordinance doesn’t otherwise allow, or for a dimensional standard like setbacks or lot coverage — and it requires proving unnecessary hardship that isn’t self-created. Because the burden of proof and the decision-maker differ for each, knowing which one your project needs (and how to build the record for it) makes a real difference in the outcome.
Do I need municipal approval to develop, subdivide, or expand use of my property in Northampton County?
In most cases, yes. Northampton County’s boroughs and townships each administer their own zoning ordinance and subdivision and land development ordinance (SALDO) under Pennsylvania’s Municipalities Planning Code, so almost any new construction, change of use, subdivision of a parcel, or land development plan has to go through that municipality’s review and approval process — typically starting with the planning commission and, depending on the project, ending with the zoning hearing board or the governing body. Requirements vary significantly from one municipality to the next, so a project that’s straightforward in one township can require variances, conditional use approval, or a curative amendment in another.
Who actually decides my application — the planning commission, the zoning hearing board, or the governing body?
It depends on what you’re asking for. The planning commission generally reviews subdivision and land development plans and makes a recommendation, but final approval of those plans typically rests with the governing body. The zoning hearing board handles variances, special exceptions, and challenges to the validity of a zoning ordinance. Conditional uses and curative amendments are decided by the governing body itself, usually after a public hearing. It’s common for a single project to touch more than one of these bodies before it’s fully approved, which is why coordinating the sequence of approvals matters.
What happens if my application is denied?
A denial isn’t necessarily the end of the road. Decisions by a zoning hearing board or a municipality’s governing body can be appealed to the Court of Common Pleas, and from there, further appealed to the Commonwealth Court of Pennsylvania. On appeal, the court generally doesn’t take new evidence and gives substantial deference to the municipal body’s findings, which makes the quality of the record built at the local hearing — testimony, exhibits, expert reports — critical to a successful appeal. We’ve represented clients through this entire process, including in published Commonwealth Court decisions.
When should I bring in a land use and zoning attorney?
As early as possible — ideally before you’re in front of a planning commission, zoning hearing board, or governing body, not after a denial. Early involvement lets us evaluate the applicable zoning district and ordinance requirements, identify whether you’ll need a variance, special exception, or conditional use approval, help shape the project to minimize the relief you need, and prepare the evidentiary record a hearing requires. We work directly with developers, property owners, municipalities, and the engineers and other professionals involved in a project, from initial concept through final approval — and through appeal, if it comes to that.