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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

Earlier this year, the Pennsylvania General Assembly enacted the Small Wireless Facilities Deployment Act (Act 50) which took effect on August 29, 2021.  Act 50 addresses the deployment of small wireless facilities, including new utility poles to support the facilities, in the public rights-of-way.  The term “small wireless facility” is defined in Act 50 (generally each antenna can’t be more than three cubic feet in volume) and such facilities are permitted by right anywhere in a municipality with the exception of areas where the municipality requires all cable and utility facilities to be located underground.  However, the municipality must permit an applicant to seek a waiver from the underground requirement for the installation of a new utility pole to support a facility.
Continue Reading Small Wireless Facilities in the Public Rights-of-Way: New State Regulations Impact Municipalities

On June 30, Governor Wolf signed Senate Bill 554, which amended Pennsylvania’s open meeting law more commonly referred to as the Sunshine Act.  The amendment places new requirements on municipalities for providing notice of business to be conducted at meetings and limits action on business that was not included in that notice.  What does that mean for developers who have business before those municipalities?

Senate Bill 554 generally amends the Sunshine Act (the “Act”) in two places.  First, Section 709(D) of the Act is amended to address the notice that is required for business to be conducted at any municipal meeting (this would include governing bodies, planning commissions, zoning hearing boards, etc.). The municipal agency must
Continue Reading More Sunshine? What Do Changes to the Sunshine Act Mean to Developers?

As mentioned before in this blog, an increasing number of state and local governments are revising plans and zoning regulations to help overcome the exclusionary effects of single-family only zoning.  The purpose of these initiatives is to provide additional housing opportunities that are affordable to more people in more areas.  Zoning revisions may include permitting multiple dwelling uses by right in zoning districts that normally are less dense.  Examples of uses include:  (i) garage apartments or accessory dwelling units on
Continue Reading Uncle Sam Giving You More Chances to Love More New Neighbors?

From our friends at Capitol Buzz:

As more counties move into the “yellow” and “green” phases of the Wolf administration’s plan to reopen the Commonwealth, Gov. Tom Wolf announced on Wednesday updated guidelines for dining services and professional sports. The governor also provided additional information and elaborated on general guidelines for “green” phase counties…

The Governor vetoed HB 2412 today, but he also opened limited business transactions for real estate sales. From the Governor’s Office:

“Governor Tom Wolf today announced that starting today, businesses and employees in the real estate industry may conduct limited business-related activities statewide and provided guidance for this industry to operate in red phase and yellow phase counties.”

“We continue to review our policies and the scientific data to determine the safest approach for all activities in the commonwealth,” Governor Wolf said. “While at this point more than two-thirds of the state will be in the yellow phase of th
Continue Reading Governor Wolf: Real Estate Industry May Conduct Limited Business Transactions Statewide

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…