PRINTER'S NO. 433
No. 413 Session of 1999
INTRODUCED BY STEIL, THOMAS, SEYFERT, ARMSTRONG, TRELLO, CLYMER,
STABACK, EGOLF, MELIO, MICHLOVIC, YOUNGBLOOD, DeLUCA, STERN,
BARD, SERAFINI AND HORSEY, FEBRUARY 9, 1999
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 9, 1999
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 ordinance provisions.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Section 603(c) of the act of July 31, 1968
24 (P.L.805, No.247), known as the Pennsylvania Municipalities
25 Planning Code, reenacted and amended December 21, 1988
26 (P.L.1329, No.170), is amended to read:
1 Section 603. Ordinance Provisions.--* * *
2 (c) Zoning ordinances may contain:
3 (1) provisions for special exceptions and variances
4 administered by the zoning hearing board, which provisions
5 shall be in accordance with this act;
6 (2) provisions for conditional uses to be allowed or
7 denied by the governing body pursuant to public notice and
8 hearing and recommendations by the planning agency and
9 pursuant to express standards and criteria set forth in the
10 zoning ordinances. In allowing a conditional use, the
11 governing body may attach such reasonable conditions and
12 safeguards, in addition to those expressed in the ordinance,
13 as it may deem necessary to implement the purposes of this
14 act and the zoning ordinance;
15 (2.1) when an application for either a special exception
16 or a conditional use has been filed with either the zoning
17 hearing board or governing body, as relevant, and the subject
18 matter of such application would ultimately constitute either
19 a "land development" as defined in section 107 or a
20 "subdivision" as defined in section 107, no change or
21 amendment of the zoning, subdivision or other governing
22 ordinance or plans shall affect the decision on such
23 application adversely to the applicant and the applicant
24 shall be entitled to a decision in accordance with the
25 provisions of the governing ordinances or plans as they stood
26 at the time the application was duly filed. Provided,
27 further, should such an application be approved by either the
28 zoning hearing board or governing body, as relevant,
29 applicant shall be entitled to proceed with the submission of
30 either land development or subdivision plans within a period
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1 of six months or longer or as may be approved by either the
2 zoning hearing board or the governing body following the date
3 of such approval in accordance with the provisions of the
4 governing ordinances or plans as they stood at the time the
5 application was duly filed before either the zoning hearing
6 board or governing body, as relevant. If either a land
7 development or subdivision plan is so filed within said
8 period, such plan shall be subject to the provisions of
9 section 508(1) through (4), and specifically to the time
10 limitations of section 508(4) which shall commence as of the
11 date of filing such land development or subdivision plan;
12 (2.2) provisions for regulating transferable development
13 rights, on a voluntary basis, including provisions for the
14 protection of persons acquiring the same, in accordance with
15 express standards and criteria set forth in the ordinance and
16 section 619.1;
17 (2.3) provisions regulating the operation of
18 establishments selling video cassettes, audio compact disks
19 or audio cassettes by requiring the establishments to conduct
20 sales in accordance with the Voluntary Movie Rating System
21 adopted by the Motion Picture Association of America, Inc.,
22 and the Parental Advisory Program adopted by the Recording
23 Industry Association of America or substantially similar
24 systems or programs promulgated from time to time by the
25 Motion Picture Association of America, Inc., or the Recording
26 Industry Association of America or successor entities;
27 (3) provisions for the administration and enforcement of
28 such ordinances;
29 (4) such other provisions as may be necessary to
30 implement the purposes of this act;
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1 (5) provisions to encourage innovation and to promote
2 flexibility, economy and ingenuity in development, including
3 subdivisions and land developments as defined in this act;
4 and
5 (6) provisions authorizing increases in the permissible
6 density of population or intensity of a particular use based
7 upon expressed standards and criteria set forth in the zoning
8 ordinance.
9 * * *
10 Section 2. This act shall take effect in 60 days.
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