Public Comments for 09/21/2020 General Laws
The expiration date was July 1 of this year. This is a retroactive extension and we believe regular session is the place for this discussion. There has been some suggestion that hardships under the pandemic justify this action. We would argue the housing market appears to be doing well in spite of the pandemic and local governments continue to process land use matters. In addition, the pandemic is demonstrating a change in land use patterns and commuting patterns. Extending what is often stale zoning is not a solution. We should be reimagining these sites in hopes to see better proposals occur, ones that are more reflective of the challenges we know face the commonwealth (affordable housing, access to parks, etc.). Most local governments have a process for extensions. We would argue these decisions should be dealt with on a case-by-case basis at the local level. These types of extension have been ongoing for years. The 2008 housing crisis may have necessitated earlier extensions. However, given local governments continue to process applications and construction has continued throughout the pandemic, the legislation is not justified. If there was ever a time to get rid of stale zoning, it is now.
Please oppose SB 5106. This legislation would extend, until at least July 1, 2022, the sunset date for various local land use approvals (plats, rezonings, special use permits and exceptions, etc.) that were valid as of July 1, 2020. • The proposed extension would apply to a broad set of land use approvals that expired after July 1 of this year. This would be a retroactive extension causing unnecessary confusion for localities and applicants alike. • Extending stale zoning is not a solution. Proponents of this legislation are claiming it is necessary due to hardships caused by the pandemic. However, local governments continue to process land use matters. In addition, the pandemic is demonstrating a change in land use and commuting patterns that should be factored into future planning and development. We should be reimagining these sites in hopes to see better proposals occur, ones that are more reflective of the challenges we know face the commonwealth (affordable housing, access to parks, etc.). • Most local governments have a process for extensions and continue to process applications and requests for extensions. This fact would suggest this legislation is not necessary. Decisions on whether or not to extend these approvals are best made on a case-by-case basis at the local level. Contact: Dan Holmes Piedmont Environmental Council (571) 213-4250 dholmes@pecva.org