PRINTER'S NO. 862

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 785 Session of 1991


        INTRODUCED BY MICOZZIE, PESCI, HERSHEY, NOYE, OLASZ, TRELLO,
           GODSHALL, BELARDI, BILLOW AND BATTISTO, MARCH 13, 1991

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 13, 1991

                                     AN ACT

     1  Amending the act of July 31, 1968 (P.L.805, No.247), entitled,
     2     as reenacted and amended, "An act to empower cities of the
     3     second class A, and third class, boroughs, incorporated
     4     towns, townships of the first and second classes including
     5     those within a county of the second class and counties of the
     6     second class A through eighth classes, individually or
     7     jointly, to plan their development and to govern the same by
     8     zoning, 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; to promote the
    12     conservation of energy through the use of planning practices
    13     and to promote the effective utilization of renewable energy
    14     sources; providing for the establishment of planning
    15     commissions, planning departments, planning committees and
    16     zoning hearing boards, authorizing them to charge fees, make
    17     inspections and hold public hearings; providing for
    18     mediation; providing for transferable development rights;
    19     providing for appropriations, appeals to courts and penalties
    20     for violations; and repealing acts and parts of acts,"
    21     providing for the time for deciding appeals from land use
    22     decisions.

    23     The General Assembly of the Commonwealth of Pennsylvania
    24  hereby enacts as follows:
    25     Section 1.  Section 1002-A of the act of July 31, 1968
    26  (P.L.805, No.247), known as the Pennsylvania Municipalities
    27  Planning Code, reenacted and amended December 21, 1988


     1  (P.L.1329, No.170), is amended to read:
     2     Section 1002-A.  Jurisdiction and Venue on Appeal; Time for
     3  Appeal; Time for Deciding Appeal.--All appeals from all land use
     4  decisions rendered pursuant to Article IX shall be taken to the
     5  court of common pleas of the judicial district wherein the land
     6  is located and shall be filed within 30 days after entry of the
     7  decision as provided in 42 Pa.C.S. § 5572 (relating to time of
     8  entry of order) or, in the case of a deemed decision, within 30
     9  days after the date upon which notice of said deemed decision is
    10  given as set forth in section 908(9) of this act. The court
    11  shall render a decision in all appeals from land use decisions
    12  within 90 days of the date of filing of the appeal.
    13     Section 2.  This act shall take effect immediately.












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