Subdivision

Subscribe to Subdivision

In an earlier blog post (available here), 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 DAS (i.e. “distributed antenna system”) network operators.  The PUC’s decision was based on its new interpretation of the statutory language which excludes any person or corporation that “furnishes mobile domestic cellular radio telecommunications services” from the general definition of a public utility.  The Commonwealth Court determined that interpretation was “not supported by the plain language of the Code or the principles of statutory construction, the precedent of this Court, the determination of public utility commissions in other jurisdictions, or the 2014 Wireless Infrastructure Order.”

Last week, the Pennsylvania Supreme Court agreed to hear the appeal from the Commonwealth Court’s decision that was filed by the PUC.  We will continue to follow this issue through the appellate process and provide an update when a decision is issued.  In the meantime, please contact any member of the McNees Wallace & Nurick Land Use Group with questions regarding this post or for assistance with any land use issues

Earlier this year, Claudia Shank blogged about the revival of the Environmental Rights Amendment (the “ERA”) (available HERE) after the Pennsylvania Supreme Court’s decision in Pennsylvania Environmental Defense Fund v. Commonwealth, 161 A.3d 911 (2017).  The PEDF decision breathed new life into the 1972 amendment to the Pennsylvania Constitution, but also left many unanswered questions about the ERA.  The most relevant unanswered question for developers and municipalities was the meaning of the revived ERA in the land use context.  Last week, the Commonwealth Court provided some insight.

In Frederick v. Allegheny Twp. Zoning Hearing Board, 2018 Pa. Commw. LEXIS 593 (Commw. Ct. Oct. 26, 2018), the Court reviewed a substantive validity challenge to a zoning ordinance that permitted oil and gas wells by right in all zoning districts of a township.  In a 5 to 2 decision, an en banc panel rejected the challenge (and the accompanying land use appeal to a zoning permit) that was filed by objectors to an unconventional gas well project in a residential zoning district.  The Court dismissed the objectors’ argument that Continue Reading The Commonwealth Court Begins to Answer What the Environmental Rights Amendment Means to Land Use

On October 24, 2018, the Lancaster County Board of Commissioners will consider the adoption of Places2040, the new proposed comprehensive plan for Lancaster County.  Prepared by the Lancaster County Planning Commission (“LCPC”) and designed to replace Envision Lancaster County, the County’s current comprehensive plan, Places2040 seeks to establish land use and planning policy to guide the next 20 years of development in Lancaster County. Adoption of the proposed Plan would complete a 3-year planning process that engaged County residents, government entities and targeted stakeholders. Only 94 pages in length, Places2040 is surprisingly concise when compared to typical comprehensive plans and is centered around 5 “Big Ideas”: 1) Creating Great Places; 2) Connecting People, Place & Opportunity; 3) Taking Care of What We Have; 4) Growing Responsibly; and 5) Thinking Beyond Boundaries.

As Lancaster County continues to grow, one of the focuses of the Plan is establishing a path for the County to absorb and accommodate a projected population increase of 100,000 people between 2015 and 2040.  Some of the Plan’s recommendations include Continue Reading Places2040: Lancaster County to Adopt New Comprehensive Plan

Most of us have heard the “Big Yellow Taxi” song that includes the memorable line “they paved paradise and put up a parking lot.”  But what if that paradise is not completely lost and communities started reclaiming their paradise by taking a different approach to their parking regulations?  This is the first in a three-post series discussing the current approach to parking regulations and solutions communities, especially urban communities, should consider to “right-size” their parking requirements to reflect a more sustainable approach.

Richard Florida, a well-respected expert in urban studies, recently posted an interesting article entitled Parking Has Eaten American Cities.  In his post, Florida discusses a recent study by Eric Scharnhorst of the Research Institute for Housing America confirming the findings of previous studies “that American cities devote far too much space and far too many resources to parking.”  Continue Reading Reclaiming “Paradise”: One Parking Space at a Time (Part 1 of 3)

Wireless service providers, such as Verizon Wireless and AT&T, are continually upgrading their networks given the ubiquitous nature of smart phones and the incredible growth of mobile data traffic.  One technology that is being deployed to address this exponential growth and the resulting demand for additional network capacity is distributed antenna system (DAS) networks.  A DAS network is a network of antenna nodes that are deployed to provide wireless coverage to indoor (e.g., arenas, airports, etc.) or outdoor areas.  Some DAS networks are installed by companies that are not wireless service providers and are referred to as neutral host DAS networks since they provide the infrastructure (e.g., antenna nodes, fiber lines, etc.) that carries the wireless traffic of the wireless service providers.

In Pennsylvania, the Public Utility Commission (“PUC”) had recognized neutral host DAS network operators as public utilities and issued certificates of public convenience to the operators since 2005.  Continue Reading Are Distributed Antenna Networks Public Utilities? The Commonwealth Court Weighs In