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                                                       PRINTER'S NO. 841

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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.


















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