Land Use & Zoning Archives

We have previous written about a bill-now law-that imposes a local impact fee on natural gas drillers across Pennsylvania. The law has caused a lot of controversy over its zoning provision, which effectively stripped the ability of local governments to control zoning of drilling. The law is, as we’ve noted, a response to the growing natural gas industry in Pennsylvania, which many see as in need of revitalization.

Development projects can sometimes run into problems, and on any number of levels, including site plan approvals, special use permits, and environmental and zoning obstacles, as well as contract complications. These can be frustrating issues, and ones that can slow down a project or bring it to a screeching halt.

Last week, we noted that the state House voted 101-90 to approve a compromise plan on a measure that would impose an “impact fee” on companies engaged in natural gas drilling. The measure has not yet been signed by Governor Corbett.

The Philadelphia Inquirer reported on Thursday that, after three years of debate and false starts on a plan to impose a local impact fee on natural gas drillers, the state is close to approving a measure. On Wednesday, the state House voted 101-90 to approve a compromise plan on the impact fee. Senate has already approved the measure, and now it goes to Governor Corbett, who has said he will sign it.

Philadelphia’s Point Breeze section is currently the subject of ongoing controversy regarding a plan to turn dilapidated properties into high-end homes. The developer, Ori Feibush, plans to build 13 high-priced apartments, and the project is going to raise the cost of living for neighborhood members. That news is worrisome to those who are struggling to get by right now.

On Wednesday, the current and former owners of a Montgomery County Superfund site agreed to pay $2.1 million in past cleanup costs to resolve action taken by the Environmental Protection Agency. The site reportedly hosted the manufacture of tires and polyvinyl chloride (PVC) plastic resins. The companies also agreed to accept responsibility for future cleanup costs at the site, which is located in Lower Pottsgrove Township.

On Tuesday, environmental groups met in Harrisburg to speak out against legislation that would remove zoning authority from local municipalities with respect to natural gas drilling. We have previously written about the legislation on this blog.

On Monday, the Mid-Atlantic Center for Children’s Health and the Environment, as well as the group Physicians, Scientists and Engineers for Healthy Energy put on a conference with the goal of establishing a consortium dedicated to collecting and analyzing scientific data on the effects of shale gas development on the public.

We recently wrote about a new Pennsylvania law updating the state’s old Oil and Gas Act which may end up restricting municipalities from zoning and regulating hydraulic fracturing, popularly known as “fracking.” As we noted, hydraulic fracturing is a process used to release petroleum, natural gas, coal seam gas or other underground substances for extraction.

On this blog, we try to give our readers a sense of the types of issues that can come up in real estate law. We recently came across an article from a news source for the city of Lakewood, Ohio. The story dealt with issues of zoning, specifically in regard to restaurants and commercial properties. This particular issue is important, particularly in a time when business owners struggle to keep their operations afloat. Zoning often has a direct impact on the health of a business.