Land Use & Zoning Archives

As a result of Pennsylvania’s new gas drilling law, the city of Philadelphia is set to receive nearly $1.3 million. That number was released on Monday by Governor Corbett’s office, along with the amounts every municipality and county will receive under the new law. The proceeds of the impact fee mostly go to the communities where drilling will take place, but some also goes to all counties for of conservation, beautification and other purposes.

On Wednesday, Pennsylvania’s new Marcellus Shale drilling law-the one that, among other things, removes local zoning power from municipalities-was under consideration by the Pennsylvania Supreme Court. As our readers may know, portions of the controversial law were overturned in July.

On Thursday, the Philadelphia City Council approved a resolution opposing Philadelphia’s natural-gas drilling law, which was passed earlier this year. That law, as our readers know, superseded local zoning controls. The resolution, which has been endorsed by anti-drilling activists, supports a recent decision by the Commonwealth Court that overturned the section of the law which restricts municipalities’ ability to zone for oil and gas drilling.

Earlier this week, the Philadelphia Planning Commission approved the development of several new apartment buildings within walking distance of a new park at the Race Street Prier. The projects have reportedly been criticized due to their deviation from standards set out in the new waterfront master plan and zoning code. The projects were approved, however, on the premise that they would help stimulate the new neighborhood near the waterfront.

In our last post, we noted that Philadelphia has official begun implementing its new zoning code. The event is an important one for business owners and real estate developers, who will have fewer zoning issues to deal with along the way.

This Wednesday, the city of Philadelphia made the switch to a new, updated zoning code which is supposed to simplify the development process and modernize the city’s housing. The new code replaces the one that has been in use since 1962. At the time that code was put in place, Philadelphia was primarily a manufacturing center. The new code will support efforts to rebuild Philadelphia’s residential neighborhoods and accommodate a much-changed business landscape.

Our regular readers know that zoning barriers can get in the way of businesses owners and entrepreneurs, preventing them from moving forward with plans to establish or expand their business or develop real estate. Zoning difficulties can get in the ways of philanthropists, too.

In our previous post, we noted that a Pennsylvania intermediate appeals court ruled that major provisions of the state’s new “fracking” law are unconstitutional. The specific provisions targeted by the court were those overriding local zoning environmental laws. These were among the most contentious of the law’s provisions. These provisions were overturned 4-3.

Our regular readers know that we’ve written previously about Pennsylvania’s controversial “fracking” law, Act 13. As we’ve noted, the law was heavily pushed by Governor Corbett in order to attract gas drilling to the state and create jobs. One of the most contentious aspects of the law is that it took zoning control out of the hands of municipalities.

Pennsylvania lawmakers recently passed a moratorium on natural gas drilling in the South Newark Basin, a rock formation located in Bucks, Chester, Berks and Montgomery counties. Senator Charles McIlhinney, R-Bucks, was the primary supporter of the moratorium. According to McIlhinney, the moratorium was based on a new scientific study showing the potential of natural gas in the South Newark Basin, highlighting the need to find out where it is and how much is there before drilling.