McNees Land Use Blog

Latest from McNees Land Use Blog

September 15, 2021

Manager vacancies are increasingly common, with many long-term managers contemplating retirement and others taking advantage of a very hot labor market. With tight budgets and lean staffing, most municipalities do not have the luxury of grooming a clear heir apparent. But there are some things you can do now to prepare, and there are certainly best practices that you can consider if your municipal or authority manager position becomes vacant.…

McNees Land Use Blog

Come Back to Cumberland Valley: Economy Series

By Peter Wertz

August 31, 2021

The Cumberland Area Economic Development Corporation (“CAEDC”) is hosting a series of roundtable discussions focused on the impacts of the COVID-19 pandemic on various industries across the Cumberland Valley. Panelists representing affected industries will discuss, among other things, the pandemic’s effect on production, delivery, labor, material, logistics, childcare and health issues. The series, labeled “Come Back to Cumberland Valley: Economy Series”, kicked off on August 25, 2021 with a construction Webinar analyzing the pandemic’s impacts…

McNees Land Use Blog

Agrivolatics: Two for One – Harvesting Crops and Solar

By Christopher Knarr

August 16, 2021

Problem: A clean, renewable energy (CRE) developer is proposing to construct a solar energy project on land within a rural agricultural area of our community. We have government goals and initiatives promoting the reduction of carbon footprints by accelerating the pace of replacing dependence on fossil fuels with CRE sources (e.g., solar, wind). At the same time, similar goals and initiatives suggest supporting farmers and preserving more farmland. We think that both are important. Do…

McNees Land Use Blog

More Sunshine? What Do Changes to the Sunshine Act Mean to Developers?

By Jon Andrews

July 12, 2021

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…

McNees Land Use Blog

Shooting Ranges Are Protected Under the Second Amendment

By James Strong

July 5, 2021

The Commonwealth Court recently found that a Stroud Township ordinance prohibiting the unauthorized discharge of firearms in the Township did not pass constitutional muster. The constitutionality of the ordinance was challenged by a Township resident who had submitted a permit application for a proposed shooting range on his property that was denied by the Township zoning officer. The resident’s property was located in the Township’s R-1 Low Density Residential Zoning District. The ordinance in question…

McNees Land Use Blog

Grab Your Umbrella- Here Comes the Rain (Tax)

By Claudia Shank

May 31, 2021

If you attend municipal meetings regularly (like yours truly), you know that stormwater management is a frequent topic of discussion and debate. Simply put, stormwater is the precipitation which flows off impervious surfaces during a weather event rather than infiltrating into the ground. Naturally, development of any type changes stormwater infiltration and runoff patterns. In today’s world, even small construction projects…

McNees Land Use Blog

Uncle Sam Giving You More Chances to Love More New Neighbors?

By Christopher Knarr

May 17, 2021

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…

McNees Land Use Blog

PennDOT’s Capital Beltway Project Is Moving Forward

By Kandice Hull

April 13, 2021

As mentioned before on this blog, the Pennsylvania Department of Transportation (“PennDOT”) has a plan in place to improve Harrisburg’s Beltway. The I-83 Master Plan is the agency’s effort to address worsening road conditions, high traffic volumes, and safety along the I-83 corridor through Harrisburg. More details about the plan can be found here: I83 Capital Beltway- Home (i-83beltway.com). The project, like many other initiatives, has been delayed by the pandemic, but PennDOT…

McNees Land Use Blog

Supreme Court: Yinz Can Keep Your Sign

By James Strong

April 5, 2021

Since the 1920s, a large sign has overlooked downtown Pittsburgh from nearby Mount Washington. Mount Washington is well known for its funiculars, the Monongahela Incline and the Duquesne Incline. Recently, it has also been known for the controversial sign which has been at the center of an ongoing dispute between the City of Pittsburgh and Lamar, the owner of the sign. The Pennsylvania Supreme Court, in Lamar Advantage GP Company, LLC v. City of Pittsburgh…

McNees Land Use Blog

PA Supreme Court to Consider Concept of “Credibility” in Fracking Case

By Claudia Shank

March 22, 2021

Supreme Court of Pennsylvania June 2016 - 005262 (A7912368)

Every trial lawyer knows that credibility determinations are typically left to the finder of fact. Whether it’s a jury, a judge, or a zoning hearing board, the finder of fact has the opportunity to personally observe the witnesses who present evidence in a matter. As a result- so the theory goes- reviewing courts should defer to those first-person observers rather than trying to substitute their judgment after merely reading the transcript. But what are the…

McNees Land Use Blog

Blog Authors

Webinar: Manager Succession Planning

Come Back to Cumberland Valley: Economy Series

Agrivolatics: Two for One – Harvesting Crops and Solar

More Sunshine? What Do Changes to the Sunshine Act Mean to Developers?

Shooting Ranges Are Protected Under the Second Amendment

Grab Your Umbrella- Here Comes the Rain (Tax)

Uncle Sam Giving You More Chances to Love More New Neighbors?

PennDOT’s Capital Beltway Project Is Moving Forward

Supreme Court: Yinz Can Keep Your Sign

PA Supreme Court to Consider Concept of “Credibility” in Fracking Case

Stay Connected

Company

Products

Support

New to the Network