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In recent months, the Coronavirus pandemic and reignited social unrest following the death of George Floyd have highlighted ongoing issues in our communities regarding unequal access to quality healthcare, affordable housing and educational opportunities. As society struggles with identifying all the causes of this disparate treatment, we sometimes forget the role in that system that land use ordinances historically played and continue to play to this day. Land use ordinances can be used to socially engineer a community under the guise of “planning.”

We are taught that zoning began as a community building tool in the United States as a way of ensuring “compatible” uses were near each other and incompatible uses were separated. The thought was that stronger communities could be built by keeping zones or districts of compatible uses together. But has this been the only use of zoning?
Continue Reading Land Use Ordinances: Tools for Community Planning or Social Engineering?

The immediate and long-term effects of the COVID-19 pandemic are expected to change the way businesses operate and communities plan, zone and regulate land use and development.  Below is a summary of a few issues and trends facing communities and businesses.  Municipalities should proactively approach this “new normal” and consider modifying zoning and other land…

As you have undoubtedly heard, the COVID-19 pandemic caused countless businesses to turn to their insurance companies for assistance, making claims under their policies for business interruption coverage.  While every insured’s policy is different, insurance companies are almost universally denying such claims.  Business owners are left frustrated and wondering what exactly they have been paying for when it comes to business interruption coverage.

In denying claims, insurance companies argue that business interruption insurance is not meant to cover closures related to COVID-19.  Under most policies, business interruption coverage only applies if there has been a direct physical loss of use or damage to property related to a covered loss.  While many insureds argue that a virus contaminating the surface of their property is a loss of use, and thus covered, insurance companies have generally rejected such arguments, instead requiring direct physical damage.
Continue Reading Business Interruption Insurance: An Uncertain Path

On May 4th, 2020 ,the Governor’s Office issued new guidance for businesses as they become authorized to restart in-person operations pursuant to the Administration’s phased red-yellow-green plan.  The guidance, which can be found here, includes a series of mandatory protocols designed to reduce the spread of COVID-19 between and among employees and customers.  These protocols are binding upon “[a]ll businesses in all industries and sectors of the economy (including non-profit entities), in the Commonwealth, that are permitted to conduct-in person operations…unless they are otherwise more stringently regulated under separate industry-specific guidance”.

Recently, the Governor’s Office announced that twenty-four Pennsylvania counties will transition to the “yellow” phase on May 8th, thereby authorizing businesses in those counties to restart in-person operations on a limited basis. 
Continue Reading May 8 Opening: Guidance (Portions Mandatory) From The Commonwealth For Businesses

On April 22, Governor Wolf announced an amendment to his standing shutdown and shelter in place order that permits construction projects to resume statewide on May 1st.  This news comes just days after the Governor’s office released its “Plan for Pennsylvania,” which authorized “limited construction” activities beginning on May 8th.  Per…

Attending public meetings is a big part of any land use practitioner’s routine, and, if I’m being honest, one of my favorite parts of my job. Before the COVID-19 pandemic, I traveled one, two, sometimes even three nights a week to meetings of zoning hearing boards, municipal governing bodies, and planning commissions. While I understand that a township board of supervisors meeting might not be everyone’s idea of a fun Thursday night, I like watching government at work. In today’s world, how many spaces exist where citizens can engage directly with their elected officials?

Of course, when COVID-19 cases began to appear in Pennsylvania, all of this changed. Businesses (including ours) started to adapt to social distancing requirements by replacing in-person meetings with audio and video conference calls. Municipalities, however, bound by the Sunshine Act and other open meeting requirements, faced a unique set of challenges. How could boards, councils and committees continue to conduct business and ensure public participation while protecting the health and safety of residents?
Continue Reading Public Meetings in Pajama Pants: Land Use in the Age of COVID-19

With protestors afoot outside the Capitol building in Harrisburg, Governor Wolf provided additional information on the Commonwealth’s plans to begin reopening businesses, including construction sites, within Pennsylvania.  Per the Governor, “limited construction” activities will be permitted to resume on May 8, to the extent such activities can occur in compliance with job site regulations the…

Steve Matzura, Andrew Levy and Austin Wolfe recently issued a client alert updating our clients on newly required safety measures for COVID-19 in the workplace.  The first half of the alert is below, but you should contact one of the authors for more details or the full alert.

The Pennsylvania Department of Health issued an Order effective April 15 requiring social distancing, cleaning, use of masks for employees and visitors, and other mandatory mitigation protocols for businesses authorized to maintain in-person operations during the ongoing COVID-19 emergency (except for healthcare providers). This Order expands on the Department of Health’s prior order effective April 6 that required building safety and cleaning measures for certain businesses.  Employers have only a few days to comply with the April 15 Order, as it becomes enforceable on April 19, 2020 at 8:00 PM.
Continue Reading Workplace Regulations: PA Newly Required Safety Measures for COVID-19

Thank you to our friends at Capitol Buzz and the McNees Government Relations Group (MSSG) for a great update on bills working their way through the PA General Assembly, which affect public meetings and hearings, construction activities and more.  A few highlights are below, but you should read the entire Capitol Buzz post.

On Tuesday, along strict party lines, the Pennsylvania House of Representatives passed a Republican-sponsored proposal to allow many businesses impacted by Gov. Tom Wolf’s business shutdown order to reopen amid the COVID-19 pandemic.

The House passed Senate Bill 613, which includes language introduced by House Republicans last week to reopen the state’s workforce while practicing social distancing and other mitigation efforts outlined by the federal Centers for Disease Control (CDC) and the Cybersecurity and Infrastructure Security Agency (CISA). The legislation was sent
Continue Reading Updates On Public Meetings & Hearings, Construction Activities, and More from the General Assembly

Here is a headline most developers and builders would not want to see associated with their project: “’Life-sustaining’ casino? Construction continued in South Philly despite Gov. Wolf’s coronavirus shutdown. At least two workers have tested positive.”  Per the above Philadelphia Inquirer article, what has made matters worse for the developer are claims from many trades that the developer, a very large international development company, “wasn’t doing enough to protect them from being infected.”  Moreover, the developer’s “waiver” from the Governor’s Order, that essentially closed all non-life-sustaining businesses (more information available throughout this blog) to combat the COVID-19 coronavirus, is now at risk.

The story provides a great example of what not to do to if you want your business to avoid bad public relations, sick and upset employees and contractors, potential related lawsuits, and putting your waiver at risk.  Below are three short lessons pulled from the article:
Continue Reading A Story of Warning for Developers & Builders Operating in Pennsylvania