PRINTER'S NO. 283
No. 263 Session of 1977
INTRODUCED BY ZEARFOSS, RYAN, CAPUTO, MORRIS AND BURNS, FEBRUARY 9, 1977
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 9, 1977
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 class A 6 through eighth classes, individually or jointly, to plan 7 their development and to govern the same by zoning, 8 subdivision and land development ordinances, planned 9 residential development and other ordinances, by official 10 maps, by the reservation of certain land for future public 11 purpose and by the acquisition of such land; providing for 12 the establishment of planning commissions, planning 13 departments, planning committees and zoning hearing boards, 14 authorizing them to charge fees, make inspections and hold 15 public hearings; providing for appropriations, appeals to 16 courts and penalties for violations; and repealing acts and 17 parts of acts," further providing for a stay of proceedings. 18 The General Assembly of the Commonwealth of Pennsylvania 19 hereby enacts as follows: 20 Section 1. Subsection (4) of section 1008, act of July 31, 21 1968 (P.L.805, No.247), known as the "Pennsylvania 22 Municipalities Planning Code," added June 1, 1972 (P.L.333, 23 No.93), is amended to read: 24 Section 1008. Appeals to Court; Commencement; Stay of 25 Proceedings.--* * *
1 (4) The filing of an appeal in court under this section, 2 shall not stay the action appealed from but the appellants may 3 petition the court having jurisdiction of zoning appeals for a 4 stay. If the appellants are persons who are seeking to prevent a 5 use or development of the land of another, [whether or not] if a 6 stay is sought by them and granted by the court, the landowner 7 whose use or development is in question may petition the court 8 to order the appellants to post bond as a condition to 9 proceeding with the appeal. The question whether or not such 10 petition should be granted and the amount of the bond shall be 11 within the sound discretion of the court. 12 Section 2. This act shall take effect immediately. A20L46RAW/19770H0263B0283 - 2 -