Cumberland

Cumberland County, one of the fastest growing counties in Pennsylvania, adopted a new Comprehensive Plan on December 19, 2024 (“Plan”).

The Plan is organized around eight principles, identified as the “Cumberland Principles”:

  1. Protect the Best First: Safeguard the County’s irreplaceable natural resources.
  2. Grow In Not Out: Efficiently accommodate growth in locations with appropriate infrastructure.
  3. Housing for All: Create housing options within the financial reach of all residents.
  4. Plan for People and Places: Design communities to value sense of place and encourage healthy living.
  5. Expand Transportation Choices: Provide safe, accessible, and affordable transportation choices.
  6. Adapt and Stay Safe: Ensure communities are safe and resilient to future change.
  7. Open for Business: Support a diverse economic base that enhances the quality of life.
  8. Engage to Improve: Engage residents, municipalities, non-government organizations, and business partners in the decision-making process.

The Cumberland Principles are a unifying planning policy guide that enable consistency between the Plan and municipal comprehensive plans and ordinances, while also serving as an educational tool that shows residents, municipal partners, and stakeholder organizations what responsible planning looks like.

Continue Reading The Cumberland Principles – Guiding Future Development and Preservation in Cumberland County

As artificial intelligence booms and our digital world grows, so does the demand for data centers. In August, Liz Young of The Wall Street Journal published an article about the growth in the data-center market and the increasing demand for these specialized buildings. The article explains the reasons for such demand while also addressing some of the challenges surrounding data center development.

Continue Reading Artificial Intelligence and the Expansion of Data Centers
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We do not often highlight specific projects on this blog, but with the anniversary of 9/11 approaching, it seemed fitting to recognize two development projects in the area that will support our veterans.

But first a little background: Given the recent decision of the U.S. Supreme Court in Grants Pass v. Johnson, allowing the enforcement of laws regulating camping on public property, many advocates have renewed their calls on leaders to invest in services, shelters, and permanent housing to combat homelessness. Nationwide, homelessness has grown 13% between 2020 and 2023, and many cities are struggling to meet the needs of this growing population. One major concern of advocate groups is the number of veterans who are included in this demographic. According to a survey conducted by the U.S. Department of Housing and Urban Development, there are over 33,000 veterans experiencing homelessness in the United States. Locally, data provided by the 2022 Lebanon VA Medical Catchment indicates that over 300 veterans in the capital region need housing. In response to this need, two communities for veterans have taken root in Harrisburg.

Continue Reading Homes for Vets in Harrisburg: Highlighting Two Projects in the Capital Region
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In April, the Environmental Protection Agency (“USEPA”) took two actions regarding per- and polyfluoroalkyl substances (“PFAS”), or so-called “forever chemicals,” that could have far-ranging implications.

Drinking Water Standards

First, USEPA established the first enforceable drinking water standards for PFAS chemicals.  USEPA established Maximum Contaminant Levels (“MCL”) for six PFAS compounds, all of which are more stringent than the state-imposed MCLs developed by the Pennsylvania Department of Environmental Protection (which are now preempted by the federal standards).  The new federal regulations require public water systems to come into compliance over a period of years.  Within three years of promulgation of the rule, all public water systems must complete their initial monitoring for the designated PFAS compounds in their intake water.  Compliance with the MCLs must be achieved within five years of promulgation of the rule.  If PFAS is detected in the intake water, that fact must be included in the required report to customers. 

It is important to note that these sampling, treatment, and notification responsibilities will not fall only on the major water companies but also on small private water systems.  Any system with 15 or more connections used year-round or at least 25 consumers year-round is considered a public water system for purposes of the rule.  For example, mobile home parks, residential HOA’s with water systems, assisted living and continuing care facilities and factories that supply potable water (including hand washing and bathing) to their employees, and business parks with their own water systems over the threshold service numbers will be subject to the new requirements.

Continue Reading USEPA Promulgates PFAS Drinking Water Standards and Designates Two PFAS Substances As Hazardous Substances – What Does It Mean For You?
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In the years following the Covid-19 Pandemic, the affordability and availability of homes has become a glaring issue in Pennsylvania and beyond, primarily due to rising interest rates, inflation, labor shortages, and an overall shortage of housing supply. In January 2024, housing listings were down nearly 20% and sales dropped more than 3% year-over-year with a median home price that is 42% higher than it was in January 2019, according to the Pennsylvania Association of Realtors.

In recent months, Pennsylvania lawmakers on both sides of the aisle have sponsored bills that emphasize the urgency of the housing crisis facing the Commonwealth. These laws could have significant impacts on the future of municipal law and land use development.

Continue Reading Republicans and Democrats in Harrisburg Are Taking Aim at Pennsylvania’s Housing Affordability and Availability Troubles: Potential Impacts to Builders, Municipalities, and Homeowners
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“Your parking requirements stink!  What do you mean we have to provide 25 times the number of parking spaces than what the ITE says, or we have to get a variance? What is our hardship other than your requirements haven’t been updated in over 50 years? If your parking requirements were a car, they would be considered antique!”

“Your project doesn’t have enough off-street parking! All those vehicles will park in my spot on the street in front of my house and block my three driveways! How will the plow truck get through? Where will the neighborhood kids play?”

Obviously, these outrageous statements are made up, but the underlying premises are true: parking is and continues to be a contentious issue in numerous communities (for example, see here and here). 

Continue Reading Waivers and Modifications for Parking Relief:  What Do You Mean We Don’t Need a Variance?

The Pennsylvania Department of Environmental Protection (“PADEP”) recently announced the availability of its draft 2024 version of the PAG-02 NPDES general permit for stormwater discharges associated with construction activities for comment. The current version of the PAG-02 permit, which was issued in December 2019, is set to expire state-wide on December 7, 2024. PADEP is accepting comments on the draft 2024 PAG-02 permit through April 8, 2024.

Continue Reading Construction Stormwater Update: Draft PAG-02 Permit Open for Comment
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We would not blame you if you said that dealing with attorneys is not your favorite part of being a municipal official. However, in our defense, people use attorneys because they need help with complicated legal processes and disputes that are often difficult for laypeople to fully understand. Moreover, applications involving convoluted and unnecessary steps are not only a source of confusion for applicants, but they also create a heavy burden on municipalities. So here is our take on how to simplify your zoning and subdivision/land development processes, and maybe see less of us attorneys.

Continue Reading Ways to Encourage Controlled and Collaborative Development: Streamline the Process for Zoning, Subdivision, and Land Development Applications (Part III of V)

For Parts I, II, and III, click here, here, and here.

As explained in the prior three posts on this topic, blockchain technology has the potential to revolutionize the way we buy, sell, and develop property in Pennsylvania. By leveraging the benefits of blockchain technology, we can simplify and streamline those processes while making them more transparent. It can save time, money, and resources – benefitting property owners, municipal governing bodies, developers, and other stakeholders.

We discussed several ways that the blockchain and smart contracts can benefit our industry. For example: Smart contracts can automate pieces of the sales process, the process of obtaining permits and approvals, the release of plans, and the depositing and release of financial security, among other processes. By recording documents on a blockchain, we make them more accessible and accurate. By creating a shared database of information on the blockchain, we can reduce duplication among agencies and departments and reduce errors. This automatic and tamper-proof approach creates a clean record of transactions, reduces costs, and saves time.

Continue Reading The Future of Real Estate Sales and Development in Pennsylvania with Blockchain Technology (IV of IV)
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For Parts I and II, click here and here.

Our prior two posts on blockchain technology and real estate looked at blockchain basics and how it can be used to make real estate transactions and the recording of documents more transparent, efficient, and secure. But I suggest that blockchain technology can do more. Specifically, when it comes to the land use process, which includes zoning, subdivision, land development, and related processes required to develop a property.

Continue Reading Streamlining the Development Process with Blockchain Technology (III of IV)