THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY TRUITT, CREIGHTON AND ROCK, MAY 16, 2012

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 16, 2012  

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," in subdivision and land development, further

providing for approval of plats.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 508 introductory paragraph of 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) and amended June 22, 2000 (P.L.495,

No.68), is amended and the section is amended by adding a

paragraph to read:

Section 508.  Approval of Plats.--All applications for

approval of a plat (other than those governed by Article VII),

whether preliminary or final, shall be acted upon by the

governing body or the planning agency within such time limits as

may be fixed in the subdivision and land development ordinance

but the governing body or the planning agency shall render its

decision and communicate it to the applicant not later than 90

days following the date of the regular meeting of the governing

body or the planning agency (whichever first reviews the

application) next following the date the application is filed or

after a final order of court remanding an application, provided

that should the said next regular meeting occur more than 30

days following the filing of the application or the final order

of the court, the said 90-day period shall be measured from the

30th day following the day the application has been filed.  The

following shall apply:

* * *

(8)  No plat shall be finally approved unless the plat

contains a notice from the design consultant stating that:

(i)  the design consultant has been properly compensated for

the creation of the development plan; and

(ii)  the provisions of the development plan have been

released for use by the municipality and any applicable

regulatory agency.

Section 2.  This act shall take effect in 60 days.