PRINTER'S NO. 397
No. 380 Session of 2001
INTRODUCED BY MUNDY, BELARDI, TIGUE, SHANER, WALKO, CALTAGIRONE,
GEORGE, YOUNGBLOOD, LAUGHLIN, BELFANTI, SOLOBAY, KIRKLAND,
GRUCELA, STABACK, PISTELLA, SCRIMENTI, CURRY, M. COHEN,
HORSEY, STEELMAN, McCALL AND D. EVANS, JANUARY 31, 2001
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JANUARY 31, 2001
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," requiring notice to be given to certain
21 persons upon requests for changes in use of certain
22 properties.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. The act of July 31, 1968 (P.L.805, No.247), known
26 as the Pennsylvania Municipalities Planning Code, reenacted and
27 amended December 21, 1988 (P.L.1329, No.170), is amended by
1 adding a section to read:
2 Section 622. Required Notice for Siting or Expanding Certain
3 Commercial, Industrial and Nonresidential Uses.--(a) Notice in
4 accordance with this section shall be in addition to the
5 applicable notice requirements imposed by other sections of this
6 act or general law.
7 (b) Notice in accordance with this section shall be required
8 whenever all of the following conditions exist:
9 (1) The approval of a variance, special exception,
10 conditional use, or nonconforming use, or its expansion, is
11 required.
12 (2) The required approval is for the siting or expansion of
13 a commercial, industrial, or other nonresidential use.
14 (3) The perimeter of any parcel on which the commercial,
15 industrial, or other nonresidential use would be sited or
16 expanded is within 50 yards of a residential use.
17 (c) Notice in accordance with this section shall be required
18 if the nonresidential use that is contemplated is deemed to be
19 accessory to, or a part of, the principal use such that a
20 refusal to permit the accessory activity would not limit the
21 principal use unnecessarily.
22 (d) Notice in accordance with this section shall be given in
23 accordance with each of the following requirements:
24 (1) The notice shall be in writing and shall be prepared and
25 given by the person charged with the responsibility of a zoning
26 officer in accordance with section 614.
27 (2) The notice shall be sent by prepaid United States mail
28 to the address, as shown on the county tax assessment records,
29 of the owners of each residential property located within 100
30 yards of the perimeter of any parcel on which the commercial,
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1 industrial, or other nonresidential use would be sited or
2 expanded.
3 (3) The notice shall be mailed not less than 20 nor more
4 than 40 days prior to a zoning officer issuing a determination
5 and not less than 20 nor more than 40 days prior to a zoning
6 hearing board or governing body conducting a hearing before
7 rendering a decision.
8 (e) The zoning hearing board or governing body shall make
9 known to the zoning officer the date of a scheduled hearing in
10 sufficient time to allow notice to be given in accordance with
11 this section.
12 (f) All applications, permits, correspondence, notes or
13 records of meetings or conversations, and other documents in the
14 possession of the municipality relating to the approval of a
15 variance, special exception, conditional use, or nonconforming
16 use, or its expansion, as required for the siting or expansion
17 of a commercial, industrial, or other nonresidential use within
18 50 yards of a residential use shall be deemed a public record of
19 an agency which is open for examination and inspection, at
20 reasonable times, by any citizen of the Commonwealth of
21 Pennsylvania, in accordance with the act of June 21, 1957
22 (P.L.390, No.212), referred to as the Right-to-Know Law.
23 (g) The notice given to an owner in accordance with this
24 section shall contain each of the following:
25 (1) A description of the nature and the proposed location of
26 the commercial, industrial, or other nonresidential use.
27 (2) A statement that the owner, or any tenant with the
28 permission of such landowner, shall be considered a person
29 aggrieved with standing to appeal a determination of a zoning
30 officer and appear and be heard as an interested party at any
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1 hearing of the zoning hearing board or governing body, or any
2 appeal therefrom.
3 (3) The notice shall also state that documents identified in
4 subsection (c) are public records available for inspection as
5 provided for in subsection (c).
6 (h) No variance, special exception, conditional use or
7 nonconforming use, or its expansion, to which the notice
8 requirements of this section apply shall be valid unless the
9 zoning officer complied with the notice requirements of this
10 section. The burden of proving compliance shall be on the zoning
11 officer.
12 Section 2. This act shall take effect in 60 days.
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