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
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
Tomorrow is Halloween. In honor of the holiday, I’d like to spend some time reflecting on a use that is ubiquitous this time of year: the cemetery. We don’t often talk about them in a planning context, but cemeteries are an important part of our built environment. Unlike most other land uses, they are generally permanent in nature. However, despite the fact that cemeteries are present in nearly every community, they are often overlooked as a land use category in zoning ordinances. Similarly, they are rarely incorporated, or even referenced, in comprehensive plans.
Although admittedly dated, this 1950 article from the American Society of Planning Officials breaks the cemetery problem into two categories: maintenance and use of existing cemeteries, and planning for new ones.
Continue Reading Cemeteries: Planning Perspectives and Modern Trends
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
Last month, my colleague Christopher Knarr and I presented a webinar for the Pennsylvania State Association of Township Supervisors (“PSATS”) on the importance flexibility in zoning ordinances. When we put the presentation together in early 2020, we expected to be speaking in person at PSATS’ annual conference. Obviously, COVID-19 changed those plans. The economic impacts of the virus, however, only made our topic timelier.
From national retail chains to local restaurants, every day seems to bring a new headline of another business closure. Even in industries that have remained strong throughout the crisis questions remain about how we will define the “new normal.” Are large office complexes a thing of the past? Can companies reduce their physical footprints (and thus their overhead) by allowing employees to continue to work remotely even after the threat of the virus have waned? And, if we do continue to meet in virtual spaces rather than physical ones, what will happen to the restaurants, retail stores, and offices that we once occupied?
Continue Reading Defining the “New Normal”: How Flexible Zoning Can Help us Rebuild our Communities
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
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
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
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