Hopefully, the title alone has George Harrison’s acoustic intro playing in your head.  If not, maybe this will help.

Here comes the sun (doo-doo-doo)
Here comes the sun, and I say
It’s all right

The Beatles’ classic was not foretelling of the arrival of solar energy development projects in Pennsylvania, but it could serve as an anthem now.

Last month, Rachel McDevitt of StateImpact Pennsylvania published an article about the emerging solar energy development “boom” in Pennsylvania.  The article is a wonderful deep dive into the recent growth of solar projects.  It outlines the usual questions and concerns surrounding those projects.

McDevitt notes that
Continue Reading Here Comes the Sun . . . Solar Development in Pennsylvania

Thank you for following our Land Use Blog throughout 2020.  Without spending too much time on the past, please enjoy our Top 5 posts of 2020!

TOP 5 POSTS OF 2020

  1. Jon Andrews, Looking Through the Kaleidoscope – Land Use in Pennsylvania
  2. Claudia Shank, Simplified Zoning: Paradox or New Paradigm?
  3. Peter Wertz, Water Flows Downhill

In two earlier blog posts from 2018, found here and here, we discussed the 2018 FCC Order, including the fee standards and “shot clocks” that were adopted by the FCC.  Of particular interest to municipalities were the fee standards and the safe harbor fees that municipalities are permitted to charge for small cell facilities.  To recap, the 2018 The FCC Order addressed three types of fees charged by municipalities: (1) fees for access to the public rights-of-way; (2) fees for the use of governmental property located in the public rights-of-way; and, (3) application review fees.  The safe harbor fees under the 2018 FCC Order are
Continue Reading Small Cell Facilities in the Public Rights-of-Way: The Ninth Circuit Weighs In

A kaleidoscope is an optical instrument that presents an ever-changing view for those looking through it.  In many ways, this reminds me of life as a real estate developer in Pennsylvania.  The approval process landscape is ever-changing from project to project and municipality to municipality.  With every twist of the land use kaleidoscope the path to a successful project looks a little (or a lot) different than the last one.

There are approximately 2,500 municipalities in Pennsylvania.  Between 2,100 and 2,200 have their own set of zoning regulations – each different than the other – that shape how land can be developed in that municipality.  Think of those zoning regulations as one color of glass inside the kaleidoscope.  But picture looking through that kaleidoscope you had as a child – there are multiple colors, right?
Continue Reading Looking Through the Kaleidoscope – Land Use in Pennsylvania

In an earlier blog post, we discussed how the Commonwealth Court reversed the decision by the Pennsylvania Public Utility Commission (“PUC”) to no longer issue certificates of public convenience to neutral host distributed antenna system (“DAS”) network operators.  Having a certificate of public convenience is important to a DAS network operator since it affords the operator access to public rights-of-way and limits the applicability of municipal regulation to DAS networks.  The Commonwealth Court had determined that the PUC’s new interpretation of the statutory language was not entitled to much deference and was not supported by the statutory language, precedent or federal law.  The PUC appealed and the Pennsylvania Supreme Court recently affirmed the Commonwealth Court’s decision.

The Court first held that the Commonwealth Court was
Continue Reading Are Distributed Antenna Networks Public Utilities? The Pennsylvania Supreme Court Has Decided

By now, most people have become aware of the exclusionary effects of single-family only zoning.  Cities and states have started to flip the concept of single-family only zoning on its head.  Cities like Minneapolis and Seattle and states like Oregon, California and Minnesota have passed (or are considering) legislation essentially outlawing single-family only zoning.  In these states and cities, laws or ordinances now permit additional dwelling types, such as accessory dwellings (i.e., granny-flats), duplexes, triplexes or quadplexes in areas that were formerly zoned exclusively for single-family detached dwellings.  These ordinances and laws are intended to remove land use and housing regulations that have served as economic, social or racial barriers for certain classes or groups of residents, by increasing access to more diverse or affordable housing options in areas previously off-limits.  Surprisingly, these laws and ordinances have broad-based support from disparate groups ranging from developers, home builders and chambers of commerce to housing or social service providers and activists (see YIMBYs).

By way of background, beginning in the early 1900s, communities started zoning most of their land exclusively for single-family detached dwellings.
Continue Reading Here is Your Chance to Love More New Neighbors (or Even Create that Family Compound You Have Always Wanted)

For most Pennsylvanians, it seems much longer than just over a month ago that Governor Wolf issued orders closing all “non-life-sustaining” businesses and directing all residents to “stay-at-home.”  While these orders have saved countless lives, they have also caused several businesses to either alter or shutdown their operations.  Many employees have been furloughed, laid-off or compelled to work from their homes.

Fortunately, modern technology has enabled certain office employees to continue working, not in their office buildings, but from their home offices.  These new home offices may be nothing more than unfinished basements or converted dining rooms, spare bedrooms or even kitchen tables.  These home office activities and functions are considered a form of home-based businesses or occupations (HBBs) as defined, permitted and regulated by most municipal zoning ordinances.  In many instances, new HBBs have been quite successful.  Therefore, while the Governor’s orders are not likely to remain in place in perpetuity, many businesses are considering modifying their operations to support increased use of HBBs even after the orders are lifted.

Many of the municipal HBB regulations were adopted several decades ago and may not reflect modern community planning, business or technology trends.
Continue Reading Modernizing Home Occupation Standards So You Can Continue Video Conferencing In Your Shorts From Your Basement Outpost

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

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

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.
Continue Reading Guidance on Conducting Municipal Meetings/Hearings During the COVID-19 Pandemic