PRINTER'S NO. 841
No. 764 Session of 2007
INTRODUCED BY BROWNE, RAFFERTY, WONDERLING, BOSCOLA, WASHINGTON, COSTA AND EARLL, APRIL 12, 2007
REFERRED TO LOCAL GOVERNMENT, APRIL 12, 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," amending the title of the act; and providing 21 for compensation for the forced removal of a lawfully erected 22 sign. 23 The General Assembly of the Commonwealth of Pennsylvania 24 hereby enacts as follows: 25 Section 1. The title of the act of July 31, 1968 (P.L.805, 26 No.247), known as the Pennsylvania Municipalities Planning Code, 27 reenacted and amended December 21, 1988 (P.L.1329, No.170) and
1 amended December 14, 1992 (P.L.815, No.131), is amended to read: 2 AN ACT 3 To empower cities of the second class A, and third class, 4 boroughs, incorporated towns, townships of the first and 5 second classes including those within a county of the second 6 class and counties of the second through eighth classes, 7 individually or jointly, to plan their development and to 8 govern the same by zoning, subdivision and land development 9 ordinances, planned residential development and other 10 ordinances, by official maps, by the reservation of certain 11 land for future public purpose and by the acquisition of such 12 land; to promote the conservation of energy through the use 13 of planning practices and to promote the effective 14 utilization of renewable energy sources; providing for the 15 establishment of planning commissions, planning departments, 16 planning committees and zoning hearing boards, authorizing 17 them to charge fees, make inspections and hold public 18 hearings; providing for compelled removal; providing for 19 mediation; providing for transferable development rights; 20 providing for appropriations, appeals to courts and penalties 21 for violations; and repealing acts and parts of acts. 22 Section 2. The act is amended by adding a section to read: 23 Section 919. Compelled Removal.--(a) Subject to subsection 24 (b), the requirement by a governmental entity that a lawfully 25 erected display be removed as a condition or prerequisite for 26 the issuance or continued effectiveness of a permit, license or 27 other approval for any use, structure, development or activity 28 other than a display shall constitute a compelled removal 29 requiring monetary compensation. 30 (b) Subsection (a) shall not apply if the permit, license or 20070S0764B0841 - 2 -
1 approval is requested for the construction of a building or 2 structure which cannot be built without physically removing the 3 display. 4 Section 3. This act shall take effect in 60 days. C6L53RLE/20070S0764B0841 - 3 -