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Municipalities Beware: Court Holds that PennDOT’s Eminent Domain Power Preempts Local Subdivision Requirements

Pennsylvania municipalities are charged with overseeing and regulating the local subdivision and land development process. To do so, the governing bodies of municipalities enact subdivision and land development ordinances (“SALDOs”) laying out the requirements that applicants must satisfy to gain municipal approval. However, the Pennsylvania Commonwealth Court recently clarified in PSIP JVI Krumsville Rd., …

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2017 Township Reorganizations

By: Andrew D.H. Rau Just as the last New Year balloon drops, a municipal official’s thoughts often turn from celebration to reorganization. Yes, it is that time of year again if you operate under the Second Class Township Code. The governing statute calls for the meeting on the first …

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Fair Housing Update: New Federal Guidance, and New Questions

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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New Legislation Allows Municipalities to Appoint Alternate Members of Planning Commissions

On October 7, 2015, Governor Wolf signed into law Act 42 of 2015 which amends Pennsylvania’s Municipalities Planning Code to permit municipalities to appoint up to three residents of the municipality as alternate members of the municipality’s planning commission. More specifically, Act 42 addresses appointment of alternative members of the planning commission and assigns them …

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Amendment Clarifies PA’s Permit Extension ACT

Amendments to Pennsylvania’s Permit Extension Act have clarified provisions suspending the expiration dates of certain approvals obtained by developers and property owners. On July 10th Governor Wolf signed into law Act 31 of 2015 which amends Pennsylvania’s Permit Extension Act, 53 P.S. § 11703.1 et seq. The change of most interest to developers/property owners and …

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Long Outdated Bid Limit Laws Updated by Pennsylvania Legislature

On November 3, 2011, Act 84 of 2011 was signed into law in Pennsylvania and becomes effective on January 1, 2012. Act 84 amends certain provisions of the Second Class Township Code which require Townships to advertise and seek bids for purchases and contracts of a certain minimum dollar amount.

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