Community Matters: The state of zoning in a pandemic

Posted 4/15/20

By Celeste Hardester

Sixth of a series from

the Chestnut Hill Community Association Physical Division

Anyone who has applied for a permit with Philadelphia …

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Community Matters: The state of zoning in a pandemic

Posted

By Celeste Hardester

Sixth of a series from the Chestnut Hill Community Association Physical Division

Anyone who has applied for a permit with Philadelphia Department of Licenses & Inspections knows that it is a labyrinthine process. Ironically, the city’s long-awaited online eClipse permitting and licensing system, intended to streamline the application process and avoid lengthy and repetitive visits to the Municipal Services Building, went live just as the impact of COVID-19 closed things down.

According to a regular update provided by the Ballard Spahr Zoning and Land Use Team, the eClipse system has facilitated L&I employees to continue work on zoning and building permits. Additionally, they have continued to respond to permit applications that were submitted on paper before city buildings were closed. In many ways, it is still possible to keep the permit process moving forward by enrolling in the eClipse system at eclipse.phila.gov.

Construction is another matter. Governor Wolf’s March 19business shutdown order stopped construction except for that needed for emergency repairs, healthcare facilities, stabilizing an ongoing project or completing what already has a final occupancy permit. In Philadelphia, the mayor issued the city’s own list of essential and non-essential businesses, which allows some construction for the city and its school district.

On March 30, the Zoning Board of Adjustment (ZBA) announced that hearings through the end of April have been postponed. It is extending certain filing deadlines, including appeals from refusals, appeals of referrals and appeals against actions of L&I. All filing deadlines from March 13 onward are extended indefinitely, until further notice. Changes affecting these extensions will be announced on the ZBA website, via press release and via the Department of Planning and Development Twitter account.  

According to the Department of Planning and Development, Registered Community Organizations (RCOs) will not be penalized for postponing community meetings. The RCOs are encouraged to work with developers to figure out an alternative to public meetings, but the ZBA has the discretion to hear or to continue cases brought before it when a community meeting has not happened. 

In contrast, the Ballard Spahr update states that the ZBA will not hear a variance or special exception case when an RCO meeting was not held due to the COVID-19 shutdown period.  

In these uncertain times, when the rules keep shifting every few days, be it the advisability of social distance length or wearing facemasks, it is clear that everyone, including the ZBA is trying to figure out what makes sense as conditions change. The Chestnut Hill Community Association is likewise working to be able to respond as things evolve.

None of the Chestnut Hill Community Association’s three committees of its Physical Division (Land Use Planning & Zoning, Development Review, and Streetscape) has met since before March 13. The CHCA has set up a system for online meetings so these committees can resume functioning as needed. Assuming that in-person public meetings may not be possible in the near-term, our intention is to be able to make all of our meetings, including RCO meetings, safely available to the public online.

While online meetings would be a significant change in how our public meetings have traditionally been conducted, the existing bylaws and committee guidelines do not prohibit them. Indeed, these rules were written well before the age of the Internet, but there is nothing to say that a meeting made available online is not a public meeting. If an interested party is unable to access a meeting through computer, iPad or cell phone, they can notify the CHCA to work out alternative options. We hope the community will work with us as we do our best to respond to current circumstances and continue to facilitate communicating the interests of Chestnut Hill to the City of Philadelphia.

For updates on specific meeting information, we encourage you, as always, to keep an eye on the CHCA Agenda of monthly meetings, regularly published in this newspaper. The information can also be found on the CHCA website www.chestnuthill.org.

Celeste Hardester is the development review coordinator for the CHCA’s physical division. For more, see chestnuthill.org or email info@chestnuthill.org.

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