PRINTER'S NO. 2038
No. 1714 Session of 1991
INTRODUCED BY STURLA, FREEMAN, HARLEY, CAPPABIANCA, BUNT, REBER,
HECKLER AND STRITTMATTER, JUNE 18, 1991
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 18, 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 further providing for challenges to the validity of joint
22 municipal zoning ordinances.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Section 811-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 811-A. Area of Jurisdiction for Challenges.--(a) In
3 any challenge to the validity of the joint municipal zoning
4 ordinance, the court shall consider the validity of the
5 ordinance as it applies to the entire area of its jurisdiction
6 as enacted and shall not limit consideration to any single
7 constituent municipality.
8 (b) If a use is permitted in a district within the
9 jurisdictional area, and if all uses are provided for within the
10 jurisdictional area, the court shall not find the joint
11 municipal zoning ordinance to be exclusionary.
12 Section 2. This act shall take effect in 60 days.
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