THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY FREEMAN, ARGALL, CARROLL, BOYD, BRENNAN, CALTAGIRONE, CAUSER, COHEN, CUTLER, FABRIZIO, FRANKEL, GEIST, GINGRICH, GRUCELA, JOSEPHS, W. KELLER, KORTZ, LEVDANSKY, LONGIETTI, McILVAINE SMITH, MILLER, M. O'BRIEN, O'NEILL, READSHAW, ROSS, SAINATO, SIPTROTH, STABACK, SWANGER, VULAKOVICH, WALKO AND YUDICHAK, FEBRUARY 4, 2009

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 4, 2009  

AN ACT

Amending the act of April 28, 1978 (P.L.87, No.41), entitled "An

act authorizing the Commonwealth of Pennsylvania, through the

Department of Conservation and Natural Resources, to enter

into such agreements and to acquire such interest as may be

necessary to establish, protect and maintain the Appalachian

Trail, and providing for the establishment, protection and

maintenance of such trail," further providing for the content

of zoning ordinances; and extending the time period necessary

to implement certain provisions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 4 of the act of April 28, 1978 (P.L.87,

No.41), known as the Pennsylvania Appalachian Trail Act, amended

June 11, 2008 (P.L.176, No.24), is amended to read:

Section 4.  Municipalities; powers and duties.

(a)  A municipality, as defined in the Pennsylvania

Municipalities Planning Code, through which the Appalachian

Trail passes shall have the power and their duty shall be to

take such action consistent with applicable law, as at least an

interim measure, to preserve the natural, scenic, historic and

esthetic values of the trail and to conserve and maintain it as

a public natural resource. Such action shall include the

adoption, implementation and enforcement of [zoning ordinances

as the governing body deems necessary] a zoning ordinance the

content of which the governing body deems appropriate to

preserve those values. Such municipalities may act hereunder in

that section of the municipality through which the Appalachian

Trail passes without zoning the entire municipality as required

under section 605 of the Pennsylvania Municipalities Planning

Code.

(b)  The Department of Community and Economic Development

shall assist municipalities in complying with the provisions of

this section by furnishing technical assistance relating to

zoning matters. The Department of Community and Economic

Development shall notify each municipality which is required to

comply with the provisions of subsection (e) within 30 days of

the effective date of this subsection.

(c)  The Department of Conservation and Natural Resources

shall assist municipalities in the identification and

acquisition of property appropriate for a conservation easement

or other protection measures and provide information to

municipalities relating to protection measures such as

conservation easements and other techniques through its grant

programs, subject to availability of funding, eligibility and

the terms, rules, procedures and requirements thereof.

(d)  Municipalities which have not adopted zoning ordinances

under subsection (a) as of the effective date of this subsection

shall receive priority for grant funding under the Land Use

Planning and Technical Assistance Program of the Department of

Community and Economic Development.

(e)  (1)  Municipalities shall implement zoning ordinances

under subsection (a) within [one year of the effective date

of this subsection] two years of August 11, 2008.

(2)  A municipality shall not be required to implement a

zoning ordinance under subsection (a) if, on [the effective

date of this subsection] August 11, 2008, all of the property

adjoining the Appalachian Trail in the municipality is:

(i)  owned by the Department of Conservation and

Natural Resources; or

(ii)  operated as a game preserve by a nonprofit,

nonstock corporation which is qualified as an exempt

organization under section 501(c) of the Internal Revenue

Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)).

(3)  If title to property under paragraph (2) is

transferred or the use of such property changes, the

municipality shall implement a zoning ordinance under

subsection (a) within one year of the date the title to the

property is transferred or the use of the property changes.

Section 2.  This act shall take effect immediately.