PA Enacts Act 15 of 2020 to Address Local Government Issues During the Pandemic

Act 15 addresses a number of critical issues for Pennsylvania local governments, most notably how to conduct business in compliance with state statutes when the physical presence of the governing body, land development applicants, the general public, and other interested parties is either highly discouraged by public health officials or prohibited altogether. This mandated process can be an issue for applicants for a variety of local government land use proposals that require approvals.  Consideration and action by municipalities on these proposals are both mandated by state statutes and local ordinances.  The consideration and action is also required to take place at public meetings and hearings. 

The two important provisions in Act 15 pertaining to local governments conducting business are: 

• Eliminating the requirements for physical attendance at public meetings during the Governor's declaration of a disaster emergency by permitting the use of "authorized telecommunications devices." 
• Providing for the limited suspension, or "tolling," of statutory deadlines for municipal boards and agencies to hear and act upon a wide variety of land use and other development applications. 

Pennsylvania's political subdivisions (i.e., counties, cities, boroughs, townships, school districts, local authorities, and respective agencies) may conduct hearings, meetings, proceedings, or other business by using an "authorized telecommunications device" until the expiration or termination of the COVID-19 disaster emergency.  

An authorized telecommunications device is defined by Act 15 as any device that, at a minimum, permits two-way audio communication between individuals. To the extent practicable, political subdivisions must allow for public participation in the meeting via an authorized telecommunication device or written comments to the physical address through the U.S. mail or to an e-mail account designated to receive those comments.  

In addition, the political subdivision shall post advance notice of each meeting conducted through an authorized telecommunications device (1) on the political subdivision's publicly accessible website, if any, or (2) in an advertisement of general circulation, or (3) both. The public notice shall include the date, time, type of technology used, and information on how the public can participate. The political subdivision shall allow for public participation through an authorized telecommunications device or written comments, which may be submitted to the unit's physical address through the United States mail or to an email account designated by the unit to receive the comments. 

In such a case, the public entity must post the draft minutes within 20 days after the meeting or before the next regularly scheduled meeting, whichever is earlier. However, action may not be taken regarding any application, plat, plan, submission, appeal, or curative amendment unrelated to the governor's declaration of disaster emergency unless notice to the public and interested parties has been provided at least five days prior to the meeting. 

Act 15 also suspends or tolls statutory review and approval periods for applications covered by the Development Permit Extension Act, including land development, subdivision, and zoning applications. The tolling period begins on March 6, 2020 (the date of the Governor's disaster emergency declaration), or the date of the receipt of the application if it is received during the period in which the disaster emergency declaration is in effect. The tolling period ends on May 20, 2020.