PRIOR PRINTER'S NO. 2384 PRINTER'S NO. 2919
No. 1787 Session of 2007
INTRODUCED BY McILVAINE SMITH, QUINN, FREEMAN, STEIL, BRENNAN,
CARROLL, COSTA, CURRY, EVERETT, FRANKEL, GIBBONS, GOODMAN,
GRUCELA, HARPER, HORNAMAN, JAMES, JOSEPHS, KESSLER, KING,
KORTZ, KOTIK, KULA, LEACH, LENTZ, MAHONEY, McGEEHAN, MELIO,
MUNDY, M. O'BRIEN, O'NEILL, PASHINSKI, PAYTON, PETRI,
ROEBUCK, RUBLEY, SCHRODER, SHIMKUS, K. SMITH, TANGRETTI,
R. TAYLOR, THOMAS, VEREB, VITALI, WAGNER, WALKO, WATSON,
GALLOWAY, MENSCH, SIPTROTH, MOYER AND CALTAGIRONE,
AUGUST 1, 2007
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 3, 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," further providing for municipal curative
21 amendments; and providing for procedure for municipal
22 curative amendment subsequent to appellate court decision.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
1 Section 1. Section 609.2 of the act of July 31, 1968
2 (P.L.805, No.247), known as the Pennsylvania Municipalities
3 Planning Code, reenacted and amended December 21, 1988
4 (P.L.1329, No.170), is amended to read:
5 Section 609.2. Procedure for Municipal Curative
6 Amendments.--If a municipality determines that its zoning
7 ordinance or any portion thereof is substantially invalid, it
8 shall take the following actions:
9 (1) A municipality shall declare by formal action, its
10 zoning ordinance or portions thereof substantively invalid
11 and propose to prepare a curative amendment to overcome such
12 invalidity. Within 30 days following such declaration and
13 proposal the governing body of the municipality shall:
14 (i) By resolution make specific findings setting
15 forth the declared invalidity of the zoning ordinance
16 which may include:
17 (A) references to specific uses which are either
18 not permitted or not permitted in sufficient
19 quantity;
20 (B) reference to a class of use or uses which
21 require revision; or
22 (C) reference to the entire ordinance which
23 requires revisions.
24 (ii) Begin to prepare and consider a curative
25 amendment to the zoning ordinance to correct the declared
26 invalidity.
27 (2) Within 180 days from the date of the declaration and
28 proposal, the municipality shall enact a curative amendment
29 to validate, or reaffirm the validity of, its zoning
30 ordinance pursuant to the provisions required by section 609
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1 in order to cure the declared invalidity of the zoning
2 ordinance.
3 (3) Upon the initiation of the procedures, as set forth
4 in clause (1), the governing body shall not be required to
5 entertain or consider any landowner's curative amendment
6 filed under section 609.1 nor shall the zoning hearing board
7 be required to give a report requested under section 909.1 or
8 916.1 subsequent to the declaration and proposal based upon
9 the grounds identical to or substantially similar to those
10 specified in the resolution required by clause (1)(a). Upon
11 completion of the procedures as set forth in clauses (1) and
12 (2), no rights to a cure pursuant to the provisions of
13 sections 609.1 and 916.1 shall, from the date of the
14 declaration and proposal, accrue to any landowner on the
15 basis of the substantive invalidity of the unamended zoning
16 ordinance for which there has been a curative amendment
17 pursuant to this section.
18 (4) A municipality having utilized the procedures as set
19 forth in clauses (1) and (2) may not again utilize said
20 procedure for a [36-month] 24-month period following the date
21 of the enactment of a curative amendment, or reaffirmation of
22 the validity of its zoning ordinance, pursuant to clause (2);
23 provided, however, if after the date of declaration and
24 proposal there is a substantially new duty or obligation
25 imposed upon the municipality by virtue of a change in
26 statute or by virtue of a Pennsylvania Appellate Court
27 decision, the municipality may utilize the provisions of this
28 section to prepare a curative amendment to its ordinance to
29 fulfill said duty or obligation.
30 Section 2. The act is amended by adding a section to read:
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1 Section 609.3. Procedure for Municipal Curative Amendment
2 Subsequent to Appellate Court Decision.--If a Pennsylvania
3 appellate court determines that a municipal zoning ordinance or
4 any portion thereof is substantially invalid, the municipality
5 may take the following actions:
6 (1) A municipality shall declare by formal action its
7 zoning ordinance or portions thereof may be substantially
8 invalid and propose to prepare a curative amendment to
9 overcome the invalidity identified in the appellate court
10 decision. Within 30 days of the date that the appellate court
11 decision is filed, the governing body of the municipality
12 shall:
13 (i) By resolution make specific findings setting
14 forth the declared invalidity of the ordinance.
15 (ii) Begin to prepare and consider a curative
16 amendment to the zoning ordinance to correct the declared
17 invalidity.
18 (2) Within 270 days from the date that the decision of
19 the appellate court is filed, the municipality shall enact a
20 curative amendment to validate or reaffirm the validity of
21 its zoning ordinance pursuant to the requirements of section
22 609 to cure the declared invalidity of the zoning ordinance
23 by the appellate court.
24 (3) When a municipality elects to follow the procedure
25 set forth in clause (1):
26 (i) The governing body shall not be required to
27 entertain or consider any landowner's curative amendment,
28 based on grounds identical to or substantially similar to
29 those specified in the resolution required by clause
30 (1)(i), filed under section 609.1, from the date that the
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1 decision of the appellate court is filed.
2 (ii) Similarly, the zoning hearing board shall not
3 be required to make a determination under section 909.1
4 or 916.1 based on grounds identical to or substantially
5 similar to those specified in the resolution required by
6 clause (1)(i), from the date that the decision of the
7 appellate court is filed.
8 (iii) Upon completion of the procedures set forth in
9 clauses (1) and (2), no right to a cure pursuant to the
10 provisions of sections 609.1 and 916.1 shall, from the
11 date that the decision of the appellate court is filed,
12 accrue to any landowner on the basis of the substantive
13 invalidity of the unamended zoning ordinance for which
14 there has been a curative amendment pursuant to this
15 section.
16 (4) A municipality having utilized the procedure as set
17 forth in clause (1) may not again utilize the procedure.
18 However, if there is a substantially new duty or obligation
19 imposed upon the municipality by virtue of a Pennsylvania
20 appellate court decision, the municipality may utilize the
21 provisions of this section to prepare a curative amendment to
22 its ordinance to fulfill the duty or obligation.
23 Section 3. This act shall take effect in 60 days JULY 1, <--
24 2008, OR IMMEDIATELY, WHICHEVER IS LATER.
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