What You Need To Know About Land Use And Zoning

Land use, zoning, and development are complex areas of the law. Property owners, real estate developers, and business owners often have to deal with legal issues surrounding zoning and land use. Whether you are involved in a new construction project or you are a business owner who needs legal guidance about how the zoning process works in your municipality, having a basic understanding of zoning and land use in Pennsylvania is vital. Specifics and processes vary by area, so hiring an experienced real estate attorney who is well-versed in local zoning and land use regulations can save you a lot of time, money, and headaches.

What Is Zoning?

The most common type of land use regulation is zoning. Municipalities use zoning regulations and restrictions to control the development of property. In cities and suburbs, zoning is usually based on a comprehensive plan that divides a municipality into residential, commercial and industrial districts. Zoning typically outlines specific requirements such as the size and height of buildings, location of utility lines, how property or land is allowed to be used, and many other specifications.

For example, in areas that are zoned as residential, there may be additional constraints such as whether you’re allowed to build single-family homes, townhouses, or multi-family dwellings. Property or areas with historical or cultural significance may also require that certain buildings or features be preserved. Requesting or changing the zoning of a property or building typically requires going through local planning commissions and zoning hearing boards.

Land Use Regulation is Necessary But Can be Restrictive

Local, regional, and statewide planning can improve communities, preserve the environment and provide comprehensive, uniform regulations that make things simpler. However, zoning and land use regulations also restrict the rights of owners to use their property as they wish, which makes the subject a controversial one. Generally, courts have determined that zoning regulations must be reasonable and not arbitrary, and must present a reasonable and significant relation to the public health, safety, and general welfare. However, the subjective nature of these factors gives rise to disagreements that may lead to litigation. Government agencies are not the only ones who may impose restrictions on properties – developers often incorporate easements and provisions that may limit the use of a property for aesthetic reasons.

Zoning Boards and Appeals

When conflict over zoning and land use arises, many jurisdictions use zoning boards to handle these issues. Zoning boards can conduct hearings that include the presentation of evidence and sworn testimony by witnesses. Contesting a zoning or land use requirement can be difficult to do on your own. If you are dealing with zoning issues in Chester County, having a West Chester real estate attorney assist you with your case can give you a significant advantage. A local lawyer will be familiar with complex zoning law, and may be well-acquainted with members of the board, municipal attorneys, and planning officials. All of these factors can give you a leg up and help you achieve a beneficial outcome. An experienced attorney can also help you appeal zoning board decisions when appropriate.

Do you need assistance with a zoning issue or real estate transaction? Our construction contract lawyers at Carosella & Associates can help you understand your rights and protect your interests.

This blog was originally posted at https://carosella.com/what-you-need-to-know-about-land-use-and-zoning/

Understanding Inheritance Tax

Pennsylvania requires some beneficiaries to pay an inheritance tax on most assets that are transferred when someone dies. Knowing how inheritance tax works in Pennsylvania can help you with estate planning and make things easier if you are the executor or personal representative of someone’s estate. An estate planning lawyer can evaluate your specific situation and advise you on which assets are subject to estate tax and ways to maximize your beneficiaries’ inheritance.

Pennsylvania Inheritance Tax Rates

Inheritance tax rates vary according to the beneficiary’s relationship with the decedent. Inheritance tax rates for Pennsylvania are as follows:

• 0% for  a spouse, a child under the age of 21, or the parent or stepparent of a child under the age of 21 who has an estate
• 4.5% for direct descendants, which include children & stepchildren over the age of 21, grandchildren, and parents
• 12% for siblings
• 15% for other beneficiaries, excluding charitable organizations and institutions or government entities that are exempt from tax

Types of Property Subject to Inheritance Tax

All of a decedent’s real property located in Pennsylvania is subject to inheritance tax. This may include cash, motor vehicles, jewelry, furniture and other tangible items. Intangible property such as stocks, bonds, business interests, retirement accounts, and loans receivable are also taxable, regardless of where they are located. If the decedent owned joint property with someone who was not their spouse, their fractional interest in the joint property is taxable.

Proceeds from life insurance policies are not subject to inheritance tax in Pennsylvania. Some farmland and other property used for agricultural purposes are exempt from inheritance tax as well. Determining what is taxable and what is not can be tricky, as there are certain rules on lifetime gifts that are given or transferred within a year of the decedent’s passing. A lawyer who deals with wills and estate planning can help guide you through the process and assist you with filing an accurate inheritance tax return.

Paying Inheritance Tax

If inheritance tax is paid within 90 days of the death, a 5% discount is given. It becomes delinquent if it is not paid within nine months of the death. The inheritance tax return is a complex document and there are expenses that may be deducted, including certain expenses incurred by the estate and deductions for debts of the decedent. Only one return is required, even if several people owe inheritance tax. The executor or administrator in charge of the estate is responsible for filing the return, but having an experienced probate attorney prepare an inheritance tax return can ensure that it is completed and filed in an accurate and timely manner.

Whether you are interested in estate planning or need assistance as the executor of an estate, our experienced legal team at Carosella & Associates can help.

This blog was originally posted at https://carosella.com/understanding-inheritance-tax/

Does Completing An Accelerated Rehabilitative Disposition (ARD) Program Make You Eligible For Expungement In Pennsylvania?

Having a criminal record can affect your ability to acquire employment, find housing, and affect your life in many other ways. Accelerated Rehabilitative Disposition (ARD) programs offer first-time offenders charged with low-level nonviolent crimes like DUI an opportunity to avoid a permanent stain on their record. Because ARD programs vary from county to county, it is important to consult local criminal lawyers to learn more about your options if you have been charged with a crime.

 Advantages of ARD

Accelerated Rehabilitative Disposition is defined as a pre-adjudicated disposition of the charges you may be facing, which means that there is no conviction if the conditions of the ARD program are met. For crimes like DUI, participating in an ARD program can also reduce the amount of time your license is suspended. In addition, after you complete ARD and your arrest record is expunged, you can answer “no” on any job application that asks if you have ever been convicted of a crime. A defense attorney in West Chester can help you file for expungement of your record within 30 days of completion of the ARD program. However, it is important to keep in mind that although expungement removes the offense and ARD from your record, if you are arrested again for a DUI or another crime, it can be taken into consideration in any subsequent cases.

ARD Requirements for DUI

ARD is most commonly used in cases involving first-time DUI offenses. Requirements and conditions vary by jurisdiction and the specific circumstances of your case. Most ARD programs for DUI require:

Probation – Most counties require a period of probational supervision for 6-12 months. Depending on where you are completing an ARD program, you may have to check in with your probation officer via phone or in person. In addition, you may be required to undergo periodic drug and alcohol testing.

Alcohol Highway Safety School – This state-mandated class involves 12 ½ hours of drug and alcohol education and testing. Depending on the county, you may be able to complete a portion of it online.

PA Driver’s License suspension – Suspension of driving privileges is almost always required in DUI cases. Length of suspension may range from 30 – 90 days, depending on blood alcohol level and the specific DUI charge.

Drug and alcohol treatment – Most counties require DUI offenders to be evaluated for drug and alcohol addiction or abuse. If treatment is recommended, completion of drug and alcohol counseling will be a requirement of completing your ARD program.

ARD fees and costs – Because ARD allows you to avoid conviction there are no fines imposed, but you must pay the costs and fees of an ARD program. This can include the cost of alcohol education classes, supervision, counselling, and other fees for things such as fingerprint processing and blood tests. The average costs and fees involved in completing an ARD program are about $2,500to $3,000.

Community service – Some counties also include community service as a condition of an ARD program. Community service requirements can range from one day to 50-100 hours.

ARD for Other Offenses

An ARD program may be available for crimes such as shoplifting, drug possession, vandalism, traffic violations, and other minor non-violent offenses. To ensure your rights are protected and you understand all your options, it is critical to seek legal representation from an experienced criminal defense attorney.

If you are facing criminal charges in Pennsylvania, our attorneys at Carosella & Associates can help.

This blog was originally posted at https://carosella.com/does-completing-an-ard-program-make-you-eligible-for-expungement-in-pennsylvania/