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
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
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
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 …
Continue Reading Force Majeure Provisions and the Impacts of COVID-19
Black Box Kitchens, Dark Kitchens, Ghost Kitchens, or Zombie Kitchens. Terms like these may sound scary, like the stuff of nightmares. But these terms are used to describe an emerging food service industry concept known as “virtual restaurants.”
Very simply, virtual restaurants are kitchen-only restaurants. With the rise of online and mobile app food delivery services, such as GrubHub, Uber Eats, Favor and DoorDash, traditional “brick-and-mortar” restaurants are turning more often to virtual restaurants to keep up with their customers’ preferences and demands. There are no in-restaurant ordering or dining facilities: no registers, no servers, no money, no tables or chairs. Virtual restaurants are commercial kitchens purely for processing, preparing and fulfilling food orders.
Virtual kitchens can take many forms. …
Continue Reading Don’t be Afraid of Ghost or Zombie…Kitchens
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”)…
Continue Reading Simplified Zoning: Paradox or New Paradigm?
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 …
Continue Reading Collaboration: A Better Way to Develop
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. …
Continue Reading Man Caves and She Sheds Meet Mini-Storage…It’s a Thing
In a world where technology and community needs frequently out-pace zoning updates, permitting zoning modifications by conditional use is an opportunity for municipalities and developers to collaborate to help ensure development projects are well designed, innovative, publicly supported and, therefore, approved. Most people involved in zoning and development know that denied variances – (i.e., modifications of the strict application of zoning ordinance provisions) can sink otherwise well designed, innovative and publicly supported projects. Regardless of the use, district or community, the rigid “hardship” criteria for variances, set forth in Section 910.2(a) of the Pennsylvania Municipalities Planning Code (“MPC”), are extremely inflexible. That inflexibility often stymies creativity and constrains innovation. Indeed, the antiquated criteria is inconsistent with and contrary to other provisions of the MPC and, at times, the desires of many municipalities that wish to accommodate newer development innovations and trends.
Occurring more often are scenarios where variances are necessary to accommodate the preferences of the municipality and to permit innovative and sustainable mixed-use developments with design enhancements. In such instances, zoning hearing boards, municipal elected and appointed officials, and the public all may agree…
Continue Reading Requesting a Variance from Variances! Consider a Conditional Use
In January of this year, Governor Wolf put forth a series of Legislative Proposals meant to address critical infrastructure problems in Pennsylvania, including blight, particularly in rural Pennsylvania. He called this series of proposals Restore Pennsylvania. Governor Wolf simultaneously proposed paying for these initiatives through the imposition of a tax on the extraction of shale gas in the Commonwealth. While many of the proposals to address the infrastructure problems were well received, the funding of the programs through a shale gas tax has been more controversial. More information on the entire Restore Pennsylvania initiative can be found HERE.
Of interest to municipalities in the Commonwealth dealing with the problem of blighted properties is the section of the Governor’s proposal that deals specifically with that issue. The Governor’s proposal acknowledged that nearly all communities within the state have some level of blight. The cost of dealing with the problem varies, with small municipalities needing funding of perhaps $1 million dollars to address the issue, while larger municipalities, such as Altoona, having concluded that they need tens of millions of dollars to effectively combat the problem. …
Continue Reading Governor’s Wolf’s Plan for Addressing Blight in Pennsylvania