In her post, Public Meetings Amidst Social Distancing, on the McNees Public Sector Blog, Erica Wibble, provides a great update on guidance for municipalities trying to comply with the Sunshine Act during the COVID-19 pandemic and under Governor Wolf’s Order (which we have discussed in numerous other posts).  A few highlights are below, but please be sure to read her entire post for more details.

According to the Office of Open Records, any agency [not able to meet in person] must provide a reasonably accessible method for the public to participate and comment pursuant to Section 710.1 of the [Sunshine] Act. Further, the Office of Open Records strongly recommends that any agency holding such a meeting should record the meeting and proactively make the recording available (preferably online) so that a full and complete record of the meeting is available to the public.
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Overview of Force Majeure
With COVID-19 headlines dominating the news cycle, and with no end in sight to the uncertainty that the virus brings, affected businesses are wise to consider whether the current pandemic qualifies as a “force majeure.”  In the last few weeks, the Chinese government has issued “force majeure certificates” to domestic businesses as a way of shielding companies from breach of contract claims, American businesses are sending mass e-mails to customers explaining that the virus prevents the company’s performance or operations, and businesses in an array of industries have sent formal inquiries to their service providers seeking confirmation of continued performance.

What is “Force Majeure”
The defense of force majeure will excuse a party’s performance under a contract if
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Please see below regarding the Governor’s order from our Government Relations and Labor & Employment Groups.  Do not hesitate to contact anyone at McNees with questions, including how this order might apply to your job site, project approvals or your office.  McNees is a full service law firm that remains operational, remotely and in compliance with the Governor’s order.  We are ready and able to continue to support our clients’ needs during this trying time.

UPDATE: Latest on Gov. Wolf’s Closure Order amid COVID-19 Outbreak

 As detailed in a special edition of Capitol Buzz sent on Thursday evening, Gov. Tom Wolf ordered all “non-life-sustaining” businesses throughout Pennsylvania to physically close their operations in response to the COVID-19 coronavirus outbreak. The new directive, which went into effect at 8 p.m. on Thursday evening, contains the threat of enforcement action
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When I first read Lancaster County’s Places2040 Comprehensive Plan (you can read my summary of the Plan adopted in October 2018 HERE), one “Catalytic Tool” caught my eye in particular: simplify zoning.  Make no mistake, complicated zoning ordinances are not unique to Lancaster County.  In Pennsylvania, where land use is controlled at the municipal level, there is often no consistency in how zoning is regulated from one township, borough, or city to the next.  To add further complication, municipal boundaries don’t always align with places, communities and corridors.  As a result, two comparable properties located in the same neighborhood can be governed by vastly different zoning regulations.  With a system that is so fractured, how can we meaningfully work towards simplifying zoning in Lancaster County and across the Commonwealth?

To answer this question, the Lancaster County Planning Commission (“LCPC”)
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Yesterday morning on the McNees Minute on ABC 27, I briefly discussed the role local public officials – such as your municipality’s council members, commissioners or supervisors – have in the development and redevelopment processes for our communities.  They play a major role in ensuring our land is developed in a smart, safe and efficient manner that provides for all the needs of a community.  I stressed the importance of electing public officials who are willing to trust municipal staff and other consultants.  In addition, I touched on why it is important to elect public officials who are willing and able to collaborate with developers and property owners.  Finally, I offered that it is equally important for developers and property owners to engage land use professionals who also are collaborative and able to work with elected public officials and municipal staff.  Having forward thinking, collaborative people in each of those roles is vitally important to the future development and redevelopment of our communities.

There are many posts on this blog that discuss or analyze the situation where a municipal ordinance has become antiquated.  We’ve discussed situations where ordinances just haven’t considered
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In baseball, if the base runner and the ball arrive at first base at the same time the tie is resolved in favor of the base runner and they are safe.  Under the Pennsylvania Municipalities Planning Code (MPC), if there is any ambiguity when interpreting a zoning ordinance provision, the ambiguity is interpreted in favor of the property owner and against the extension of any restriction in the ordinance provision.  This rule was applied by the Commonwealth Court recently in the case of Alleman v. North Newton Township Board of Supervisors.

In the Alleman case, the property owner owned approximately 112 acres of split-zoned land in North Newton Township.  Approximately forty acres of the property were in the Township’s Agricultural District and approximately seventy-two acres were in the Township’s Rural Residential District.  The property owner had a hog feeding operation on a portion of the forty acres
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Where do you spend your free time or work on your hobby?

There is a concept in community planning and place making involving three separate but important social environments (or places) where people spend their time.  The first two places are one’s home and one’s workplace.  “Third places” generally include public or community places where people socialize or recreate, including places of worship, health clubs, bars and pubs, restaurants, stores, parks, community centers, etc.  Now developers are creating new third places by combining the “man cave” and “she shed” concepts with mini-storage.  These third places are known as luxury garage units or “car condos.”

The concept is simple.  Rather than renting or leasing unconditioned dead storage space for vehicles, household items or recreational equipment in traditional mini-storage units, luxury garage units are made available for purchase as condominium units and are fully conditioned. 
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The municipal regulation of public utility facilities continues to be a topic of litigation.  In April 2018, we discussed how municipalities cannot use zoning ordinances to regulate non-building facilities of public utilities.  Recently, the Pennsylvania Supreme Court weighed in on whether a municipality can regulate when and how a public utility installs its improvements within the municipality’s street rights-of-way.  Again, the litigation resulted in a favorable decision for the public utility.

In PPL Electric Utilities Corp. v. City of Lancaster, 2019 Pa. LEXIS 4611 (Pa. 2019), the City of Lancaster adopted an ordinance to regulate the installation of public utilities in City streets.  This effort was not surprising as many municipalities look at their street rights-of-way as a critical asset that must be protected. 
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We mentioned in a prior post that failing to follow procedural requirements for land use hearings can lead to unwanted results for all – or at least most – involved. In a recent example, the Commonwealth Court ruled that Lewis Township’s Zoning Ordinance was void from inception after finding that the Board of Supervisors failed to comply with the Municipalities Planning Code (the “MPC”) requirements for adopting zoning ordinances.

In Yannaccone v. Lewis Twp. Bd. of Supervisors, the Township formed a Zoning Ordinance Committee (“ZOC”) to create a proposed zoning ordinance to present to the Board for adoption. The Board published notice of a public hearing scheduled on the Ordinance. The Board held the hearing in accordance with the public notice and subsequently adopted the Ordinance at a later regularly scheduled meeting. Less than one month after the Ordinance became effective
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In an earlier blog post we discussed a zoning case from Lebanon County, Pennsylvania that involved the keeping of ducks as emotional support animals on a residential property.  In that case, the zoning hearing board determined that the ducks were permitted on the property as pets and that the keeping of ducks as pets was not an agricultural operation as alleged in the enforcement notice.  Last month, a zoning hearing board in a York County, Pennsylvania municipality was asked to determine whether the keeping of pot-bellied pigs as emotional support animals on a residential property is permitted.

According to an article published in the York Daily Record, a family acquired two pot-bellied pigs as emotional support animals for their son.  The family also has two dogs and three cats, and all the animals live in the house with the family.
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