PRIOR PRINTER'S NOS. 1410, 2123, 2513, PRINTER'S NO. 3066
2849
No. 1219 Session of 2001
INTRODUCED BY VANCE, HERMAN, NICKOL, McNAUGHTON, CAWLEY,
M. BAKER, CALTAGIRONE, M. COHEN, CORRIGAN, CREIGHTON, DALLY,
DeLUCA, J. EVANS, FLICK, FORCIER, GABIG, GODSHALL, HARHAI,
HENNESSEY, HERSHEY, LAUGHLIN, LEH, MACKERETH, MANDERINO,
MARSICO, McCALL, MELIO, R. MILLER, MUNDY, ORIE, READSHAW,
ROSS, RUBLEY, SATHER, SAYLOR, SCHULER, SCRIMENTI, SOLOBAY,
STABACK, STEELMAN, STERN, E. Z. TAYLOR, THOMAS, TIGUE, WALKO,
WANSACZ, WOJNAROSKI, YUDICHAK, COLAFELLA, HORSEY AND
MAITLAND, MARCH 29, 2001
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
DECEMBER 11, 2001
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 planning commission,
21 for zoning ordinance amendments, FOR PROCEDURE FOR LANDOWNER <--
22 CURATIVE AMENDMENTS, for certain findings, for hearings and
23 for governing body's functions.
24 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Section 202 of the act of July 31, 1968 (P.L.805,
3 No.247), known as the Pennsylvania Municipalities Planning Code,
4 reenacted and amended December 21, 1988 (P.L.1329, No.170), is
5 amended to read:
6 Section 202. Planning Commission.--If the governing body of
7 any municipality shall elect to create a planning commission,
8 such commission shall have not less than three nor more than
9 nine members. [All members of the commission shall serve without
10 compensation, but may be reimbursed for necessary and reasonable
11 expenses.] Except for elected or appointed officers or employees
12 of the municipality, members of the commission may receive
13 compensation in an amount fixed by the governing body.
14 Compensation shall not exceed the rate of compensation
15 authorized to be paid to members of the governing body. Without
16 exception, members of the planning commission may be reimbursed
17 for necessary and reasonable expenses. However, elected or
18 appointed officers or employees of the municipality shall not,
19 by reason of membership thereon, forfeit the right to exercise
20 the powers, perform the duties or receive the compensations of
21 the municipal offices held by them during such membership.
22 Section 2. Section 609(b) of the act, amended May 27, 1994
23 (P.L.251, No.38), is amended to read:
24 Section 609. Enactment of Zoning Ordinance Amendments.--* *
25 *
26 (b) (1) Before voting on the enactment of an amendment, the
27 governing body shall hold a public hearing thereon, pursuant
28 to public notice. In addition, if the proposed amendment
29 involves a zoning map change, notice of said public hearing
30 shall be conspicuously posted by the municipality at points
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1 deemed sufficient by the municipality along the tract to
2 notify potentially interested citizens. The affected tract or
3 area shall be posted at least one week prior to the date of
4 the hearing.
5 (2) (i) In addition to the requirement that notice be
6 posted under clause (1), where the proposed amendment
7 involves a zoning map change, notice of the public
8 hearing shall be mailed by the municipality at least
9 thirty days prior to the date of the hearing by first
10 class mail to the addressees to which real estate tax
11 bills are sent for all real property located within the
12 area being rezoned, as evidenced by tax records within
13 the possession of the municipality. The notice shall
14 include the location, date and time of the public
15 hearing. A good faith effort and substantial compliance
16 shall satisfy the requirements of this subsection.
17 (ii) This clause shall not apply when the rezoning
18 constitutes a comprehensive rezoning.
19 * * *
20 Section 3. Sections 609.1(B), 709(a) and 908(1.2), (2) and <--
21 (9) of the act are amended to read:
22 SECTION 609.1. PROCEDURE FOR LANDOWNER CURATIVE <--
23 AMENDMENTS.--* * *
24 (B) THE HEARING SHALL BE CONDUCTED IN ACCORDANCE WITH
25 SECTION 908 AND ALL REFERENCES THEREIN TO THE ZONING HEARING
26 BOARD SHALL, FOR PURPOSES OF THIS SECTION BE REFERENCES TO THE
27 GOVERNING BODY PROVIDED, HOWEVER THAT THE DEEMED APPROVAL
28 PROVISIONS OF SECTION 908 SHALL NOT APPLY AND THE PROVISIONS OF
29 SECTION 916.1 SHALL CONTROL. IF A MUNICIPALITY DOES NOT ACCEPT A
30 LANDOWNER'S CURATIVE AMENDMENT BROUGHT IN ACCORDANCE WITH THIS
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1 SUBSECTION AND A COURT SUBSEQUENTLY RULES THAT THE CHALLENGE HAS
2 MERIT, THE COURT'S DECISION SHALL NOT RESULT IN A DECLARATION OF
3 INVALIDITY FOR THE ENTIRE ZONING ORDINANCE AND MAP, BUT ONLY FOR
4 THOSE PROVISIONS WHICH SPECIFICALLY RELATE TO THE LANDOWNER'S
5 CURATIVE AMENDMENT AND CHALLENGE.
6 * * *
7 Section 709. The Findings.--(a) The governing body, or the
8 planning agency, within 60 days following the conclusion of the
9 public hearing provided for in this article or within 180 days
10 after the date of filing of the application, whichever occurs
11 first, shall, by official written communication, to the
12 landowner, either:
13 (1) grant tentative approval of the development plan as
14 submitted;
15 (2) grant tentative approval subject to specified
16 conditions not included in the development plan as submitted;
17 or
18 (3) deny tentative approval to the development plan.
19 Failure to so act within said period shall be deemed to be a
20 grant of tentative approval of the development plan as
21 submitted. In the event, however, that tentative approval is
22 granted subject to conditions, the landowner may, within 30 days
23 after receiving a copy of the official written communication of
24 the governing body notify such governing body of his refusal to
25 accept all said conditions, in which case, the governing body
26 shall be deemed to have denied tentative approval of the
27 development plan. In the event the landowner does not, within
28 said period, notify the governing body of his refusal to accept
29 all said conditions, tentative approval of the development plan,
30 with all said conditions, shall stand as granted.
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1 * * *
2 Section 908. Hearings.--The board shall conduct hearings and
3 make decisions in accordance with the following requirements:
4 * * *
5 (1.2) The FIRST hearing shall be [held] commenced within <--
6 60 days from the date of the applicant's request, unless the
7 applicant has agreed in writing to an extension of time. The <--
8 hearing shall be completed no later than 150 days after it
9 commences. EACH SUBSEQUENT HEARING SHALL BE HELD WITHIN 45 <--
10 DAYS OF THE PRIOR HEARING, UNLESS OTHERWISE AGREED TO BY THE
11 APPLICANT. ANY PARTY AGGRIEVED BY THE SCHEDULE OR PROGRESS OF
12 THE HEARINGS MAY APPLY TO THE COURT OF COMMON PLEAS FOR
13 JUDICIAL RELIEF. THE HEARING SHALL BE COMPLETED NO LATER THAN
14 100 DAYS AFTER THE COMPLETION OF THE APPLICANT'S CASE IN
15 CHIEF, UNLESS EXTENDED FOR GOOD CAUSE UPON APPLICATION TO THE
16 COURT OF COMMON PLEAS.
17 (2) The hearings shall be conducted by the board or the
18 board may appoint any member or an independent attorney as a
19 hearing officer. The decision, or, where no decision is
20 called for, the findings shall be made by the board; however,
21 the appellant or the applicant, as the case may be, in
22 addition to the municipality, may, prior to the decision of
23 the hearing, waive decision or findings by the board and
24 accept the decision or findings of the hearing officer as
25 final.
26 * * *
27 (9) The board or the hearing officer, as the case may
28 be, shall render a written decision or, when no decision is
29 called for, make written findings on the application within
30 45 days after the last hearing before the board or hearing
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1 officer. Where the application is contested or denied, each
2 decision shall be accompanied by findings of fact and
3 conclusions based thereon together with the reasons therefor.
4 Conclusions based on any provisions of this act or of any
5 ordinance, rule or regulation shall contain a reference to
6 the provision relied on and the reasons why the conclusion is
7 deemed appropriate in the light of the facts found. If the
8 hearing is conducted by a hearing officer[,] and there has
9 been no stipulation that his decision or findings are final,
10 the board shall make his report and recommendations available
11 to the parties within 45 days and the parties shall be
12 entitled to make written representations thereon to the board
13 prior to final decision or entry of findings, and the board's
14 decision shall be entered no later than 30 days after the
15 report of the hearing officer. Where the board fails to
16 render the decision within the period required by this
17 subsection[,] or fails to [hold] commence or complete the
18 required hearing [within 60 days from the date of the
19 applicant's request for a hearing,] as provided in subsection
20 (1.2), the decision shall be deemed to have been rendered in
21 favor of the applicant unless the applicant has agreed in
22 writing or on the record to an extension of time. When a
23 decision has been rendered in favor of the applicant because
24 of the failure of the board to meet or render a decision as
25 hereinabove provided, the board shall give public notice of
26 said decision within ten days from the last day it could have
27 met to render a decision in the same manner as provided in
28 subsection (1) of this section. If the board shall fail to
29 provide such notice, the applicant may do so. Nothing in this
30 subsection shall prejudice the right of any party opposing
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1 the application to appeal the decision to a court of
2 competent jurisdiction.
3 * * *
4 Section 4. Section 913.2(a) and (b)(2) of the act, amended
5 December 18, 1996 (P.L.1102, No.165), is amended to read:
6 Section 913.2. Governing Body's Functions; Conditional
7 Uses.--(a) Where the governing body, in the zoning ordinances,
8 has stated conditional uses to be granted or denied by the
9 governing body pursuant to express standards and criteria, the
10 governing body shall hold hearings on and decide requests for
11 such conditional uses in accordance with such standards and
12 criteria. The hearing shall be conducted by the board or the
13 board may appoint any member or an independent attorney as a
14 hearing officer. The decision, or, where no decision is called
15 for, the findings shall be made by the board. However, the
16 appellant or the applicant, as the case may be, in addition to
17 the municipality, may, prior to the decision of the hearing,
18 waive decision or findings by the board and accept the decision
19 or findings of the hearing officer as final. In granting a
20 conditional use, the governing body may attach such reasonable
21 conditions and safeguards, in addition to those expressed in the
22 ordinance, as it may deem necessary to implement the purposes of
23 this act in the zoning ordinance.
24 (b) * * *
25 (2) Where the governing body fails to render the
26 decision within the period required by this subsection or
27 fails to [hold] commence the required hearing within 60 days
28 from the date of the applicant's request for a hearing and <--
29 complete the hearing no later than 150 days after it
30 commences OR FAILS TO COMPLETE THE HEARING NO LATER THAN 100 <--
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1 DAYS AFTER THE COMPLETION OF THE APPLICANT'S CASE IN CHIEF,
2 UNLESS EXTENDED FOR GOOD CAUSE UPON APPLICATION TO THE COURT
3 OF COMMON PLEAS, the decision shall be deemed to have been
4 rendered in favor of the applicant unless the applicant has
5 agreed in writing or on the record to an extension of time.
6 When a decision has been rendered in favor of the applicant
7 because of the failure of the governing body to meet or
8 render a decision as hereinabove provided, the governing body
9 shall give public notice of the decision within ten days from
10 the last day it could have met to render a decision in the
11 same manner as required by the public notice requirements of
12 this act. If the governing body shall fail to provide such
13 notice, the applicant may do so.
14 * * *
15 Section 5. This act shall apply only to applications or
16 appeals filed after the effective date of this act.
17 Section 6. This act shall take effect in 90 days.
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