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

As you have undoubtedly heard, the COVID-19 pandemic caused countless businesses to turn to their insurance companies for assistance, making claims under their policies for business interruption coverage.  While every insured’s policy is different, insurance companies are almost universally denying such claims.  Business owners are left frustrated and wondering what exactly they have been paying for when it comes to business interruption coverage.

In denying claims, insurance companies argue that business interruption insurance is not meant to cover closures related to COVID-19.  Under most policies, business interruption coverage only applies if there has been a direct physical loss of use or damage to property related to a covered loss.  While many insureds argue that a virus contaminating the surface of their property is a loss of use, and thus covered, insurance companies have generally rejected such arguments, instead requiring direct physical damage.
Continue Reading Business Interruption Insurance: An Uncertain Path

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

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 Continuing Video Conferencing In Your Shorts From Your Basement Outpost

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

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

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

Please see below regarding the Governor’s order from our Government Relations and Labor & Employment Groups.  Do not hesitate to contact anyone at McNees with questions, including how this order might apply to your job site, project approvals or your office.  McNees is a full service law firm that remains operational, remotely and in compliance with the Governor’s order.  We are ready and able to continue to support our clients’ needs during this trying time.

UPDATE: Latest on Gov. Wolf’s Closure Order amid COVID-19 Outbreak

 As detailed in a special edition of Capitol Buzz sent on Thursday evening, Gov. Tom Wolf ordered all “non-life-sustaining” businesses throughout Pennsylvania to physically close their operations in response to the COVID-19 coronavirus outbreak. The new directive, which went into effect at 8 p.m. on Thursday evening, contains the threat of enforcement action
Continue Reading Governor Wolf’s Closure Order