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Fair Housing Update: New Federal Guidance, and New Questions

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By: Andrew D.H. Rau Zoning and land use practitioners have long looked to federal guidance interpreting the Fair Housing Act (FHA) in order to consider its interplay with state and local land use and zoning laws. Now, the U.S. Justice Department and the Department of Housing and Urban Development …

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Modernizing Housing Ordinances

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By: Amanda J. Sundquist The White House has released a tool kit to help municipalities modernize zoning regulations related to housing. The tool kit suggests a number of potential starting points that a local government can use to encourage growth opportunities and affordable housing. Some suggestions include: Streamlining …

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The Marcellus Shale Debate: Local Zoning or State Control?

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By: Andrew D.H. Rau If momentum forms behind a bill introduced in Harrisburg, the traditional understandings of local zoning control in Pennsylvania could be in for a major adjustment.  The legislation sponsored by Senator Joseph Scarnati would provide for impact fees to be paid by Marcellus Shale drillers across the state.  But a component …

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Marcellus Shale & Local Zoning

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By: Andrew D.H. Rau The oil and gas industry’s race to develop the Marcellus Shale across Pennsylvania has brought to the forefront the tension between large-scale development interests and local government.  Pennsylvania boroughs, townships and cities are grappling with the limits of local zoning power as they consider the means of regulating and controlling …

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New Permit Extension Law Impacts Developers and Municipalities

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By: Andrew D.H. Rau This week’s budget approvals in Harrisburg included legislation that will have an effect on landowners, as well as state and local government entities across Pennsylvania.  Senate Bill 1042, signed into law as Act 46, will extend the life of many land development and related approvals, if the approvals are in …

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Municipalities and Developers: Take A Closer Look At Settlement Agreements

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The Pennsylvania Commonwealth Court’s recent decision in BPG Real Estate Investors v. Newtown Township may cause developers and townships to more carefully consider whether settlement agreements are reaching too far. The ultimate result may be courts refusing to approve such settlements. In the BPG decision, the Commonwealth Court determined that a settlement agreement between …

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The Rise of Wind Power – Changing Landscapes in Pennsylvania

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The use of windmills as an energy source is on the rise and rapidly growing in Pennsylvania, even in residential neighborhoods. While windmill farms can be an interesting and peaceful sight from afar, the construction of a windmill in a backyard in a residential neighborhood may not be as welcoming. In the case Tink-Wing Mountain …

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Cell Towers: Municipalities Now on the Clock

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By: Andrew D.H. Rau How fast does a local government have to move in processing a cell tower application? A new federal regulatory order attempts to speed the process. On November 19, 2009 the Federal Communications Commission issued an order that will impact municipalities and cell tower providers across the country. Known as the …

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