Philadelphia Metropolitan Area Real Estate Law Blog

A friend of ours who has a whole array of food allergies has a saying: Just because it’s natural doesn’t mean it’s good for you. A similar sentiment applies in land use: Just because it’s green space doesn’t mean it’s a park.

The Pennsylvania Supreme Court appeared split on the right of our state to restrict the use of fracking.  The case concerned in part Act 13 of the amended Pennsylvania Oil and Gas Act.  It also commented upon Section 27 of the Declaration of Rights in the Pennsylvania Constitution which provides our state’s citizens the right to preservation of our environment (among other things).

We are returning to our discussion of the Urban Land Institute’s recommendations, in the wake of Superstorm Sandy, for making the region more resilient to natural disaster. Rather than coming up with a long list of projects — redrawn flood maps and changes to zoning — the report lays out a framework that every part of the country, not just Philadelphia, New York and New Jersey, can adopt.

We are continuing our discussion of the recommendations made by the Urban Land Institute in its recent report, “After Sandy: Advancing Strategies for Long-term Resilience and Adaptability.” The recommendations are broken out into four major categories. We have been going through the land use recommendations.

Earlier this year, the Urban Land Institute assembled a panel of experts to look at how Philadelphia, New York City and New Jersey were doing with post-Hurricane Sandy recovery. The local ULI councils from the region asked for the help. They knew that the multiple plans and processes underway could be more synergistic and, perhaps, more efficient — even with the regional Hurricane Sandy Rebuilding Task Force in place.

In the wake of Superstorm Sandy, the Philadelphia, New York City and Northern New Jersey district councils of the Urban Land Institute asked the national organization for help. This part of the Atlantic Seaboard was hit hard by the storm and was, many believe, unprepared for the devastation it wrought. With both local and federal governments working on rebuilding, the region needed advice on how to coordinate the various policies and programs to achieve the best result.

Property owners and developers are often eager to take an existing space and turn it into something new and something that meets the needs of current customers and residents. However, this process can be quite difficult when these projects are often delayed because of old, outdated zoning and land use restrictions.

Nearly a year after the new zoning code was released, city planners have updated the zoning classifications for every block in greater Center City, from Girard Avenue to Washington. The task, which took 16 months to complete, has resulted in a modern map that will dictate where buildings will go and, ultimately, the value of properties in what is perhaps the busiest and most expensive part of the city.

City Councilman Brian J. O’Neill, in a recent victory for gardeners in Philadelphia, recently dropped a proposal to change the city’s zoning code that would have made it more difficult for farmers and gardeners to operate within the city. The proposal would have required that community gardens and farm obtain special permission from the Zoning Board of Adjustment in order to operate.

Officials from Temple University are reportedly working on plans to build a 23,000 square-foot boathouse on a parcel of parkland on the eastern bank of the Schuylkill. The project is unique for several reasons, but especially because it will reportedly make use of a new legal process for reviewing the use of park and recreational land in Philadelphia. Because of the change in city law, members of the public will play a more prominent role in the review process.