SENATE AMENDED
PRIOR PRINTER'S NOS. 428, 2675, 3293 PRINTER'S NO. 3701
No. 411 Session of 2001
INTRODUCED BY ADOLPH, BARRAR, CIVERA, FLICK, MICOZZIE, RAYMOND,
ALLEN, BARD, CALTAGIRONE, L. I. COHEN, DAILEY, EGOLF,
FAIRCHILD, FRANKEL, FREEMAN, GABIG, HENNESSEY, HERMAN,
HERSHEY, HORSEY, KIRKLAND, LAUGHLIN, LEH, LYNCH, MARSICO,
ORIE, PETRONE, ROHRER, RUBLEY, SCHRODER, SEMMEL, SHANER,
SOLOBAY, STEELMAN, STEIL, E. Z. TAYLOR, TIGUE, WATSON,
C. WILLIAMS, WILT, WOJNAROSKI, YOUNGBLOOD, ZUG, COLEMAN,
THOMAS AND PHILLIPS, JANUARY 31, 2001
SENATOR GERLACH, LOCAL GOVERNMENT, IN SENATE, AS AMENDED,
APRIL 16, 2002
AN ACT
1 Amending the act of July 31, 1968 (P.L.805, No.247), entitled,
2 as amended, "An act to empower cities of the second class A,
3 and third class, boroughs, incorporated towns, townships of
4 the first and second classes including those within a county
5 of the second class and counties of the second through eighth
6 classes, individually or jointly, to plan their development
7 and to govern the same by zoning, subdivision and land
8 development ordinances, planned residential development and
9 other ordinances, by official maps, by the reservation of
10 certain land for future public purpose and by the acquisition
11 of such land; to promote the conservation of energy through
12 the use of planning practices and to promote the effective
13 utilization of renewable energy sources; providing for the
14 establishment of planning commissions, planning departments,
15 planning committees and zoning hearing boards, authorizing
16 them to charge fees, make inspections and hold public
17 hearings; providing for mediation; providing for transferable
18 development rights; providing for appropriations, appeals to
19 courts and penalties for violations; and repealing acts and
20 parts of acts," further providing for purpose of act;
21 defining "no-impact home-based business"; and further
22 providing for ordinance provisions, FOR PROCEDURE FOR <--
23 LANDOWNER CURATIVE AMENDMENTS, FOR HEARINGS AND FOR GOVERNING
24 BODY'S FUNCTIONS.
25 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Section 105 of the act of July 31, 1968 (P.L.805,
3 No.247), known as the Pennsylvania Municipalities Planning Code,
4 amended June 22, 2000 (P.L.495, No.68), reenacted and amended <--
5 December 21, 1988 (P.L.1329, No.170) and AMENDED JUNE 22, 2000 <--
6 (P.L.495, NO.68), is amended to read:
7 Section 105. Purpose of Act.--It is the intent, purpose and
8 scope of this act to protect and promote safety, health and
9 morals; to accomplish coordinated development; to provide for
10 the general welfare by guiding and protecting amenity,
11 convenience, future governmental, economic, practical, and
12 social and cultural facilities, development and growth, as well
13 as the improvement of governmental processes and functions; to
14 guide uses of land and structures, type and location of streets,
15 public grounds and other facilities; to promote the conservation
16 of energy through the use of planning practices and to promote
17 the effective utilization of renewable energy sources; to
18 promote the preservation of this Commonwealth's natural and
19 historic resources and prime agricultural land; to encourage
20 municipalities to adopt municipal or joint municipal
21 comprehensive plans generally consistent with the county
22 comprehensive plan; to promote small business development and
23 foster a business-friendly environment in this Commonwealth; to
24 ensure that municipalities adopt zoning ordinances which are
25 generally consistent with the municipality's comprehensive plan;
26 to encourage the preservation of prime agricultural land and
27 natural and historic resources through easements, transfer of
28 development rights and rezoning; to ensure that municipalities
29 enact zoning ordinances that facilitate the present and future
30 economic viability of existing agricultural operations in this
20010H0411B3701 - 2 -
1 Commonwealth and do not prevent or impede the owner or
2 operator's need to change or expand their operations in the
3 future in order to remain viable; to encourage the
4 revitalization of established urban centers; and to permit
5 municipalities to minimize such problems as may presently exist
6 or which may be foreseen and wherever the provisions of this act
7 promote, encourage, require or authorize governing bodies to
8 protect, preserve or conserve open land, consisting of natural
9 resources, forests and woodlands, any actions taken to protect,
10 preserve or conserve such land shall not be for the purposes of
11 precluding access for forestry.
12 Section 2. Section 107(a) of the act is amended by adding a
13 definition to read:
14 Section 107. Definitions.--(a) The following words and
15 phrases when used in this act shall have the meanings given to
16 them in this subsection unless the context clearly indicates
17 otherwise:
18 * * *
19 "No-impact home-based business," a business or commercial
20 activity administered or conducted as an accessory use which is
21 clearly secondary to the use as a residential dwelling and which
22 involves no customer, client or patient traffic, whether
23 vehicular or pedestrian, pickup, delivery or removal functions
24 to or from the premises, in excess of those normally associated
25 with residential use. The business or commercial activity must
26 satisfy the following requirements:
27 (1) The business activity shall be compatible with the
28 residential use of the property and surrounding residential
29 uses.
30 (2) The business shall employ no employees other than
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1 family members residing in the dwelling.
2 (3) There shall be no display or sale of retail goods
3 and no stockpiling or inventory of a substantial nature.
4 (4) There shall be no outside appearance of a business
5 use, including, but not limited to, parking, signs or lights.
6 (5) No on-site parking of commercially identified
7 vehicles shall be permitted.
8 (6) The business activity may not use any equipment or
9 process which creates noise, vibration, glare, fumes, odors
10 or electrical or electronic interference, including
11 interference with radio or television reception, which is
12 detectable in the neighborhood.
13 (7) The business activity may not generate any solid
14 waste or sewage discharge, in volume or type, which is not
15 normally associated with residential use in the neighborhood.
16 (8) The business activity shall be conducted only within
17 the dwelling and may not occupy more than 25% of the
18 habitable floor area.
19 (9) The business may not involve any illegal activity.
20 * * *
21 Section 3. Section 603 of the act is amended by adding a
22 subsection to read:
23 Section 603. Ordinance Provisions.--* * *
24 (l) Zoning ordinances shall permit no-impact home-based
25 businesses in all residential zones of the municipality as a use
26 permitted by right, except that such permission shall not
27 supersede any deed restriction, covenant or agreement
28 restricting the use of land, nor any master deed, bylaw or other
29 document applicable to a common interest ownership community.
30 Section 4. This act shall take effect in 90 days. <--
20010H0411B3701 - 4 -
1 SECTION 4. SECTIONS 609.1(B), 908(1.2) AND (9) AND <--
2 913.2(B)(2) OF THE ACT, AMENDED JANUARY 11, 2002 (P.L.13, NO.2),
3 ARE AMENDED TO READ:
4 SECTION 609.1. PROCEDURE FOR LANDOWNER CURATIVE
5 AMENDMENTS.--* * *
6 (B) THE HEARING SHALL BE CONDUCTED IN ACCORDANCE WITH
7 SECTION 908 AND ALL REFERENCES THEREIN TO THE ZONING HEARING
8 BOARD SHALL, FOR PURPOSES OF THIS SECTION BE REFERENCES TO THE
9 GOVERNING BODY: PROVIDED, HOWEVER, THAT THE [DEEMED APPROVAL]
10 PROVISIONS OF SECTION 908(1.2) AND (9) SHALL NOT APPLY AND THE
11 PROVISIONS OF SECTION 916.1 SHALL CONTROL. IF A MUNICIPALITY
12 DOES NOT ACCEPT A LANDOWNER'S CURATIVE AMENDMENT BROUGHT IN
13 ACCORDANCE WITH THIS SUBSECTION AND A COURT SUBSEQUENTLY RULES
14 THAT THE CHALLENGE HAS MERIT, THE COURT'S DECISION SHALL NOT
15 RESULT IN A DECLARATION OF INVALIDITY FOR THE ENTIRE ZONING
16 ORDINANCE AND MAP, BUT ONLY FOR THOSE PROVISIONS WHICH
17 SPECIFICALLY RELATE TO THE LANDOWNER'S CURATIVE AMENDMENT AND
18 CHALLENGE.
19 * * *
20 SECTION 908. HEARINGS.--THE BOARD SHALL CONDUCT HEARINGS AND
21 MAKE DECISIONS IN ACCORDANCE WITH THE FOLLOWING REQUIREMENTS:
22 * * *
23 (1.2) THE FIRST HEARING BEFORE THE BOARD OR HEARING
24 OFFICER SHALL BE COMMENCED WITHIN 60 DAYS FROM THE DATE OF
25 RECEIPT OF THE APPLICANT'S [REQUEST] APPLICATION, UNLESS THE
26 APPLICANT HAS AGREED IN WRITING TO AN EXTENSION OF TIME. EACH
27 SUBSEQUENT HEARING BEFORE THE BOARD OR HEARING OFFICER SHALL
28 BE HELD WITHIN 45 DAYS OF THE PRIOR HEARING, UNLESS OTHERWISE
29 AGREED TO BY THE APPLICANT IN WRITING OR ON THE RECORD. [ANY
30 PARTY AGGRIEVED BY THE SCHEDULE OR PROGRESS OF THE HEARINGS
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1 MAY APPLY TO THE COURT OF COMMON PLEAS FOR JUDICIAL RELIEF.
2 THE HEARING SHALL BE COMPLETED NO LATER THAN 100 DAYS AFTER
3 THE COMPLETION OF THE APPLICANT'S CASE IN CHIEF UNLESS
4 EXTENDED FOR GOOD CAUSE UPON APPLICATION TO THE COURT OF
5 COMMON PLEAS.] AN APPLICANT SHALL COMPLETE THE PRESENTATION
6 OF HIS CASE-IN-CHIEF WITHIN 100 DAYS OF THE FIRST HEARING.
7 UPON THE REQUEST OF THE APPLICANT, THE BOARD OR HEARING
8 OFFICER SHALL ASSURE THAT THE APPLICANT RECEIVES AT LEAST
9 SEVEN HOURS OF HEARINGS WITHIN THE 100 DAYS, INCLUDING THE
10 FIRST HEARING. PERSONS OPPOSED TO THE APPLICATION SHALL
11 COMPLETE THE PRESENTATION OF THEIR OPPOSITION TO THE
12 APPLICATION WITHIN 100 DAYS OF THE FIRST HEARING HELD AFTER
13 THE COMPLETION OF THE APPLICANT'S CASE-IN-CHIEF. AN APPLICANT
14 MAY, UPON REQUEST, BE GRANTED ADDITIONAL HEARINGS TO COMPLETE
15 HIS CASE-IN-CHIEF PROVIDED THE PERSONS OPPOSED TO THE
16 APPLICATION ARE GRANTED AN EQUAL NUMBER OF ADDITIONAL
17 HEARINGS. PERSONS OPPOSED TO THE APPLICATION MAY, UPON THE
18 WRITTEN CONSENT OR CONSENT ON THE RECORD BY THE APPLICANT AND
19 MUNICIPALITY, BE GRANTED ADDITIONAL HEARINGS TO COMPLETE
20 THEIR OPPOSITION TO THE APPLICATION PROVIDED THE APPLICANT IS
21 GRANTED AN EQUAL NUMBER OF ADDITIONAL HEARINGS FOR REBUTTAL.
22 * * *
23 (9) THE BOARD OR THE HEARING OFFICER, AS THE CASE MAY
24 BE, SHALL RENDER A WRITTEN DECISION OR, WHEN NO DECISION IS
25 CALLED FOR, MAKE WRITTEN FINDINGS ON THE APPLICATION WITHIN
26 45 DAYS AFTER THE LAST HEARING BEFORE THE BOARD OR HEARING
27 OFFICER. WHERE THE APPLICATION IS CONTESTED OR DENIED, EACH
28 DECISION SHALL BE ACCOMPANIED BY FINDINGS OF FACT AND
29 CONCLUSIONS BASED THEREON TOGETHER WITH THE REASONS THEREFOR.
30 CONCLUSIONS BASED ON ANY PROVISIONS OF THIS ACT OR OF ANY
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1 ORDINANCE, RULE OR REGULATION SHALL CONTAIN A REFERENCE TO
2 THE PROVISION RELIED ON AND THE REASONS WHY THE CONCLUSION IS
3 DEEMED APPROPRIATE IN THE LIGHT OF THE FACTS FOUND. IF THE
4 HEARING IS CONDUCTED BY A HEARING OFFICER AND THERE HAS BEEN
5 NO STIPULATION THAT HIS DECISION OR FINDINGS ARE FINAL, THE
6 BOARD SHALL MAKE HIS REPORT AND RECOMMENDATIONS AVAILABLE TO
7 THE PARTIES WITHIN 45 DAYS AND THE PARTIES SHALL BE ENTITLED
8 TO MAKE WRITTEN REPRESENTATIONS THEREON TO THE BOARD PRIOR TO
9 FINAL DECISION OR ENTRY OF FINDINGS, AND THE BOARD'S DECISION
10 SHALL BE ENTERED NO LATER THAN 30 DAYS AFTER THE REPORT OF
11 THE HEARING OFFICER. [WHERE] EXCEPT FOR CHALLENGES FILED
12 UNDER SECTION 916.1 WHERE THE BOARD FAILS TO RENDER THE
13 DECISION WITHIN THE PERIOD REQUIRED BY THIS SUBSECTION OR
14 FAILS TO COMMENCE, CONDUCT OR COMPLETE THE REQUIRED HEARING
15 AS PROVIDED IN SUBSECTION (1.2), THE DECISION SHALL BE DEEMED
16 TO HAVE BEEN RENDERED IN FAVOR OF THE APPLICANT UNLESS THE
17 APPLICANT HAS AGREED IN WRITING OR ON THE RECORD TO AN
18 EXTENSION OF TIME. WHEN A DECISION HAS BEEN RENDERED IN FAVOR
19 OF THE APPLICANT BECAUSE OF THE FAILURE OF THE BOARD TO MEET
20 OR RENDER A DECISION AS HEREINABOVE PROVIDED, THE BOARD SHALL
21 GIVE PUBLIC NOTICE OF SAID DECISION WITHIN TEN DAYS FROM THE
22 LAST DAY IT COULD HAVE MET TO RENDER A DECISION IN THE SAME
23 MANNER AS PROVIDED IN SUBSECTION (1) OF THIS SECTION. IF THE
24 BOARD SHALL FAIL TO PROVIDE SUCH NOTICE, THE APPLICANT MAY DO
25 SO. NOTHING IN THIS SUBSECTION SHALL PREJUDICE THE RIGHT OF
26 ANY PARTY OPPOSING THE APPLICATION TO APPEAL THE DECISION TO
27 A COURT OF COMPETENT JURISDICTION.
28 * * *
29 SECTION 913.2. GOVERNING BODY'S FUNCTIONS; CONDITIONAL
30 USES.--* * *
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1 (B) * * *
2 (2) WHERE THE GOVERNING BODY FAILS TO RENDER THE
3 DECISION WITHIN THE PERIOD REQUIRED BY THIS SUBSECTION OR
4 FAILS TO COMMENCE, CONDUCT OR COMPLETE THE REQUIRED HEARING
5 [WITHIN 60 DAYS FROM THE DATE OF THE APPLICANT'S REQUEST FOR
6 A HEARING OR FAILS TO COMPLETE THE HEARING NO LATER THAN 100
7 DAYS AFTER THE COMPLETION OF THE APPLICANT'S CASE IN CHIEF,
8 UNLESS EXTENDED FOR GOOD CAUSE UPON APPLICATION TO THE COURT
9 OF COMMON PLEAS] AS PROVIDED IN SECTION 908(1.2), THE
10 DECISION SHALL BE DEEMED TO HAVE BEEN RENDERED IN FAVOR OF
11 THE APPLICANT UNLESS THE APPLICANT HAS AGREED IN WRITING OR
12 ON THE RECORD TO AN EXTENSION OF TIME. WHEN A DECISION HAS
13 BEEN RENDERED IN FAVOR OF THE APPLICANT BECAUSE OF THE
14 FAILURE OF THE GOVERNING BODY TO MEET OR RENDER A DECISION AS
15 HEREINABOVE PROVIDED, THE GOVERNING BODY SHALL GIVE PUBLIC
16 NOTICE OF THE DECISION WITHIN TEN DAYS FROM THE LAST DAY IT
17 COULD HAVE MET TO RENDER A DECISION IN THE SAME MANNER AS
18 REQUIRED BY THE PUBLIC NOTICE REQUIREMENTS OF THIS ACT. IF
19 THE GOVERNING BODY SHALL FAIL TO PROVIDE SUCH NOTICE, THE
20 APPLICANT MAY DO SO.
21 * * *
22 SECTION 5. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
23 (1) THE AMENDMENT OF SECTIONS 609.1(B), 908(1.2) AND (9)
24 AND 913.2(B)(2) OF THE ACT SHALL TAKE EFFECT IMMEDIATELY.
25 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
26 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 90
27 DAYS.
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