THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY McILVAINE SMITH, QUINN, FREEMAN, DENLINGER, CARROLL, O'NEILL, P. COSTA, PETRI, GIBBONS, ROSS, GOODMAN, SCHRODER, GRUCELA, VEREB, KESSLER, VULAKOVICH, KORTZ, WATSON, MAHONEY, MELIO, MUNDY, M. O'BRIEN, PASHINSKI, ROEBUCK, SIPTROTH, K. SMITH, VITALI AND WAGNER, MARCH 11, 2009

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 11, 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," providing for procedure for municipal

curative amendment subsequent to appellate court decision.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  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), is amended by

adding a section to read:

Section 609.3.  Procedure for Municipal Curative Amendment

Subsequent to Appellate Court Decision.--If a Pennsylvania

appellate court determines that a municipal zoning ordinance or

any portion thereof is substantially invalid, that municipality

may take the following actions:

(1)  A municipality shall declare by formal action its

zoning ordinance or portions thereof may be substantially

invalid and propose to prepare a curative amendment to

overcome the invalidity identified in the appellate court

decision. Within 30 days of the date that the appellate court

decision is filed, the governing body of the municipality

shall:

(i)  By resolution make specific findings setting

forth the declared invalidity of the ordinance.

(ii)  Begin to prepare and consider a curative

amendment to the zoning ordinance to correct the declared

invalidity.

(2)  Within 210 days from the date that the decision of

the appellate court is filed, the municipality shall enact a

curative amendment to validate or reaffirm the validity of

its zoning ordinance pursuant to the requirements of section

609 to cure the declared invalidity of the zoning ordinance

by the appellate court.

(3)  When a municipality elects to follow the procedure

set forth in clause (1):

(i)  The governing body shall not be required to

entertain or consider any landowner's curative amendment,

based on grounds identical to or substantially similar to

those specified in the resolution required by clause (1)

(i), filed under section 609.1, from the date that the

decision of the appellate court is filed.

(ii)  Similarly, the zoning hearing board shall not

be required to make a determination under section 909.1

or 916.1 based on grounds identical to or substantially

similar to those specified in the resolution required by

clause (1)(i), from the date that the decision of the

appellate court is filed.

(iii)  Upon completion of the procedures set forth in

clauses (1) and (2), no right to a cure pursuant to the

provisions of sections 609.1 and 916.1 shall, from the

date that the decision of the appellate court is filed,

accrue to any landowner on the basis of the substantive

invalidity of the unamended zoning ordinance for which

there has been a curative amendment pursuant to this

section.

(4)  A municipality having utilized the procedure as set

forth in clause (1) may not again utilize the procedure.

However, if there is a substantially new duty or obligation

imposed upon the municipality by virtue of a Pennsylvania

appellate court decision, the municipality may utilize the

provisions of this section to prepare a curative amendment to

its ordinance to fulfill the duty or obligation.

Section  2.  This act shall take effect July 1, 2009, or

immediately, whichever is later.