PRINTER'S NO. 2384
No. 1787 Session of 2007
INTRODUCED BY McILVAINE SMITH, QUINN, FREEMAN, STEIL, BRENNAN,
CARROLL, COSTA, CURRY, EVERETT, FRANKEL, GIBBONS, GOODMAN,
GRUCELA, HARPER, HORNAMAN, JAMES, JOSEPHS, KESSLER, KING,
KORTZ, KOTIK, KULA, LEACH, LENTZ, MAHONEY, McGEEHAN, MELIO,
MUNDY, M. O'BRIEN, O'NEILL, PASHINSKI, PAYTON, PETRI,
ROEBUCK, RUBLEY, SCHRODER, SHIMKUS, K. SMITH, TANGRETTI,
R. TAYLOR, THOMAS, VEREB, VITALI, WAGNER, WALKO AND WATSON,
AUGUST 1, 2007
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, AUGUST 1, 2007
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 municipal curative
21 amendments; and providing for procedure for municipal
22 curative amendment subsequent to appellate court decision.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Section 609.2 of the act of July 31, 1968
1 (P.L.805, No.247), known as the Pennsylvania Municipalities
2 Planning Code, reenacted and amended December 21, 1988
3 (P.L.1329, No.170), is amended to read:
4 Section 609.2. Procedure for Municipal Curative
5 Amendments.--If a municipality determines that its zoning
6 ordinance or any portion thereof is substantially invalid, it
7 shall take the following actions:
8 (1) A municipality shall declare by formal action, its
9 zoning ordinance or portions thereof substantively invalid
10 and propose to prepare a curative amendment to overcome such
11 invalidity. Within 30 days following such declaration and
12 proposal the governing body of the municipality shall:
13 (i) By resolution make specific findings setting
14 forth the declared invalidity of the zoning ordinance
15 which may include:
16 (A) references to specific uses which are either
17 not permitted or not permitted in sufficient
18 quantity;
19 (B) reference to a class of use or uses which
20 require revision; or
21 (C) reference to the entire ordinance which
22 requires revisions.
23 (ii) Begin to prepare and consider a curative
24 amendment to the zoning ordinance to correct the declared
25 invalidity.
26 (2) Within 180 days from the date of the declaration and
27 proposal, the municipality shall enact a curative amendment
28 to validate, or reaffirm the validity of, its zoning
29 ordinance pursuant to the provisions required by section 609
30 in order to cure the declared invalidity of the zoning
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1 ordinance.
2 (3) Upon the initiation of the procedures, as set forth
3 in clause (1), the governing body shall not be required to
4 entertain or consider any landowner's curative amendment
5 filed under section 609.1 nor shall the zoning hearing board
6 be required to give a report requested under section 909.1 or
7 916.1 subsequent to the declaration and proposal based upon
8 the grounds identical to or substantially similar to those
9 specified in the resolution required by clause (1)(a). Upon
10 completion of the procedures as set forth in clauses (1) and
11 (2), no rights to a cure pursuant to the provisions of
12 sections 609.1 and 916.1 shall, from the date of the
13 declaration and proposal, accrue to any landowner on the
14 basis of the substantive invalidity of the unamended zoning
15 ordinance for which there has been a curative amendment
16 pursuant to this section.
17 (4) A municipality having utilized the procedures as set
18 forth in clauses (1) and (2) may not again utilize said
19 procedure for a [36-month] 24-month period following the date
20 of the enactment of a curative amendment, or reaffirmation of
21 the validity of its zoning ordinance, pursuant to clause (2);
22 provided, however, if after the date of declaration and
23 proposal there is a substantially new duty or obligation
24 imposed upon the municipality by virtue of a change in
25 statute or by virtue of a Pennsylvania Appellate Court
26 decision, the municipality may utilize the provisions of this
27 section to prepare a curative amendment to its ordinance to
28 fulfill said duty or obligation.
29 Section 2. The act is amended by adding a section to read:
30 Section 609.3. Procedure for Municipal Curative Amendment
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1 Subsequent to Appellate Court Decision.--If a Pennsylvania
2 appellate court determines that a municipal zoning ordinance or
3 any portion thereof is substantially invalid, the municipality
4 may take the following actions:
5 (1) A municipality shall declare by formal action its
6 zoning ordinance or portions thereof may be substantially
7 invalid and propose to prepare a curative amendment to
8 overcome the invalidity identified in the appellate court
9 decision. Within 30 days of the date that the appellate court
10 decision is filed, the governing body of the municipality
11 shall:
12 (i) By resolution make specific findings setting
13 forth the declared invalidity of the ordinance.
14 (ii) Begin to prepare and consider a curative
15 amendment to the zoning ordinance to correct the declared
16 invalidity.
17 (2) Within 270 days from the date that the decision of
18 the appellate court is filed, the municipality shall enact a
19 curative amendment to validate or reaffirm the validity of
20 its zoning ordinance pursuant to the requirements of section
21 609 to cure the declared invalidity of the zoning ordinance
22 by the appellate court.
23 (3) When a municipality elects to follow the procedure
24 set forth in clause (1):
25 (i) The governing body shall not be required to
26 entertain or consider any landowner's curative amendment,
27 based on grounds identical to or substantially similar to
28 those specified in the resolution required by clause
29 (1)(i), filed under section 609.1, from the date that the
30 decision of the appellate court is filed.
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1 (ii) Similarly, the zoning hearing board shall not
2 be required to make a determination under section 909.1
3 or 916.1 based on grounds identical to or substantially
4 similar to those specified in the resolution required by
5 clause (1)(i), from the date that the decision of the
6 appellate court is filed.
7 (iii) Upon completion of the procedures set forth in
8 clauses (1) and (2), no right to a cure pursuant to the
9 provisions of sections 609.1 and 916.1 shall, from the
10 date that the decision of the appellate court is filed,
11 accrue to any landowner on the basis of the substantive
12 invalidity of the unamended zoning ordinance for which
13 there has been a curative amendment pursuant to this
14 section.
15 (4) A municipality having utilized the procedure as set
16 forth in clause (1) may not again utilize the procedure.
17 However, if there is a substantially new duty or obligation
18 imposed upon the municipality by virtue of a Pennsylvania
19 appellate court decision, the municipality may utilize the
20 provisions of this section to prepare a curative amendment to
21 its ordinance to fulfill the duty or obligation.
22 Section 3. This act shall take effect in 60 days.
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