Archive for the ‘Municipal Law’ Category

Whether it’s a case of an incessantly barking dog or an over-enthusiastic DIY warrior running power tools at midnight, most municipalities could use a carefully constructed noise ordinance from time to time. A well-written ordinance is clear, targeted, and most importantly, enforceable. An effective noise ordinance should be clear and understandable to the average person. A municipality is well within its authority to adopt a noise ordinance. Under Pennsylvania law, municipalities have the authority  “[t]o make regulations as may be necessary for the health, safety, morals, general welfare and cleanliness and beauty, convenience, comfort and safety of the borough.” (8… read more »

The Sunshine Act was amended by Act 65 of 2021 providing new requirements for publishing and posting public meeting agendas and new restrictions on when public bodies may vote on at meetings on matters not listed in the published agenda. These Amendments to the Sunshine Act are effective August 29, 2021.The agenda is required to contain a listing of each matter of agency business that will be or may be the subject of or deliberation of or official action at the meeting.All government agencies, including but not limited to Counties, Townships, Boroughs, and Authorities, that have a publicly accessible website are… read more »

On September 1, 2020, Governor Tom Wolf signed a second renewal of the 90-day disaster declaration for the COVID-19 pandemic. The emergency was originally declared on March 6, and this action is the second 90-day extension. The declaration extends protections for individuals and businesses during the ongoing pandemic. Protections include additional unemployment compensation, restrictions on eviction, an extension of licensing, and benefits for care workers and others who provide life-sustaining services to children, senior citizens, and other vulnerable residents.Act 15 Provisions Extended. Also extended are the provisions of Act 15 of 2020, under which municipalities can continue to take steps to assure safety… read more »

The York County Planning Commission (YCPC) has announced the launch of the County’s Open Space and Land Preservation Grant Program. The program is funded with County tax dollars and is designed to support open space preservation, resource protection, and outdoor recreation, with the objective of assisting the County to achieve its goal of preserving worthy York County land. Funds for Local Preservation  The program is open to York County municipalities and non-profit organizations which support open space preservation and natural resource protection. Funds can be used for acquisition of property; but funding does NOT support the purchase or construction of improvements on properties.  The… read more »

Pursuant to the Right-to-know law (RTKL) Advisory, the Office of Open Records (OOR) has new advice for agencies within “yellow” status counties. These agencies should continue processing RTKL requests and appeals as usual. If an appeal is negatively affected by the COVID-19 pandemic, and the agency or requestor cannot meet a required deadline, the OOR may prolong the appeal deadline. In particular, agencies located within a county transitioning into “yellow” status may need to provide evidence showing why the appeal deadline needs to be extended. In regards to offices being closed, any day that falls within an office closure is… read more »

While the Right-to-Know Law (RTKL) continues to be in effect for most municipal entities, its function has been temporarily suspended for the Commonwealth due to the current COVID-19 emergency. Pursuant to Section 901 of the law, all requests must receive a response within five business days – excluding days closed for business. If an agency faces “bona fide issues” related to this pandemic, the Pennsylvania Office of Open Records’ (OOR) advisory permits temporary suspensions exceeding the scope of that law. The OOR recommends the agency seek their solicitor’s advice before taking this recourse. Under Act 15, municipalities operating under an… read more »

On Monday, April 20th, 2020, Governor Tom Wolf signed Act 15 2020 (the “Act”), which, among other things, has significant implications for the administration of local government in Pennsylvania for the duration of the Disaster Emergency that was declared on March 6th, 2020.Specifically, the Act addresses three issues relevant to local government: The Act allows municipalities, for the duration of Disaster Emergency, to conduct business through telecommunication devices, provided that public participation is permitted to the maximum extent possibleThe Act tolls the time limits for applications received by a municipality or pending before the municipality for a period of 30… read more »

The USDA and its Federal government partners have programs to provide temporary and long-term assistance to rural communities affected by the COVID-19 outbreak. The programs assist recovery for rural residents, for-profit businesses, non-profit organizations, hospitals, etc. The programs offer assistance with financial issues, management, training, technical support, and state and local compliance. Follow the link below for a resource matrix to identify funding opportunities in the CARES Act and other federal resources. https://www.rd.usda.gov/sites/default/files/USDA_COVID-19_Fed_Rural_Resource_Guide.pdf For updates on immediate action that the USDA is taking in response to COVID-19, visit usda.gov/coronavirus. For information and news from the CDC on COVID-19, visit coronavirus.gov. If you need… read more »

COVID-19 Update: Changes to FSA Farm Loan, Disaster, Conservation, and Safety Net Programs USDA’s Farm Service Agency (FSA) county offices are available by phone to continue helping agricultural producers with loan servicing, program signups, and other important actions. The FSA is also loosening the loan-making process and adding flexibility to servicing loans to provide credit to producers in need. FSA programs and services include: Farm loans;Commodity loans;Farm Storage Facility Loan program;Conservation programs; Safety net programs (including 2020 signup for the Agriculture Risk Coverage and Price Loss Coverage programs);Disaster assistance programs (including signup for the Wildfire and Hurricane Indemnity Program Plus);Acreage… read more »