THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BROWNE, EARLL, WONDERLING, WASHINGTON, BOSCOLA, RAFFERTY AND COSTA, APRIL 3, 2009

REFERRED TO LOCAL GOVERNMENT, APRIL 3, 2009  

AN ACT

Amending the act of July 31, 1968 (P.L.805, No.247), entitled,

as amended, "An act to empower cities of the second class A,

and third class, boroughs, incorporated towns, townships of

the first and second classes including those within a county

of the second class and counties of the second through eighth

classes, individually or jointly, to plan their development

and to govern the same by zoning, subdivision and land

development ordinances, planned residential development and

other ordinances, by official maps, by the reservation of

certain land for future public purpose and by the acquisition

of such land; to promote the conservation of energy through

the use of planning practices and to promote the effective

utilization of renewable energy sources; providing for the

establishment of planning commissions, planning departments,

planning committees and zoning hearing boards, authorizing

them to charge fees, make inspections and hold public

hearings; providing for mediation; providing for transferable

development rights; providing for appropriations, appeals to

courts and penalties for violations; and repealing acts and

parts of acts," amending the title of the act; and providing

for compensation for the forced removal of a lawfully erected

sign.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The title of the act of July 31, 1968 (P.L.805,

No.247), known as the Pennsylvania Municipalities Planning Code,

reenacted and amended December 21, 1988 (P.L.1329, No.170) and

amended December 14, 1992 (P.L.815, No.131), is amended to read:

AN ACT

To empower cities of the second class A, and third class,

boroughs, incorporated towns, townships of the first and

second classes including those within a county of the second

class and counties of the second through eighth classes,

individually or jointly, to plan their development and to

govern the same by zoning, subdivision and land development

ordinances, planned residential development and other

ordinances, by official maps, by the reservation of certain

land for future public purpose and by the acquisition of such

land; to promote the conservation of energy through the use

of planning practices and to promote the effective

utilization of renewable energy sources; providing for the

establishment of planning commissions, planning departments,

planning committees and zoning hearing boards, authorizing

them to charge fees, make inspections and hold public

hearings; providing for compelled removal; providing for

mediation; providing for transferable development rights;

providing for appropriations, appeals to courts and penalties

for violations; and repealing acts and parts of acts.

Section 2.  The act is amended by adding a section to read:

Section 919.  Compelled Removal.--(a)  Subject to subsection

(b), the requirement by a governmental entity that a lawfully

erected display be removed as a condition or prerequisite for

the issuance or continued effectiveness of a permit, license or

other approval for any use, structure, development or activity

other than a display shall constitute a compelled removal

requiring monetary compensation.

(b)  Subsection (a) shall not apply if the permit, license or

approval is requested for the construction of a building or

structure which cannot be built without physically removing the

display.

Section 3.  This act shall take effect in 60 days.