PRINTER'S NO. 433
No. 413 Session of 1999
INTRODUCED BY STEIL, THOMAS, SEYFERT, ARMSTRONG, TRELLO, CLYMER, STABACK, EGOLF, MELIO, MICHLOVIC, YOUNGBLOOD, DeLUCA, STERN, BARD, SERAFINI AND HORSEY, FEBRUARY 9, 1999
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 9, 1999
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 ordinance provisions. 21 The General Assembly of the Commonwealth of Pennsylvania 22 hereby enacts as follows: 23 Section 1. Section 603(c) of the act of July 31, 1968 24 (P.L.805, No.247), known as the Pennsylvania Municipalities 25 Planning Code, reenacted and amended December 21, 1988 26 (P.L.1329, No.170), is amended to read:
1 Section 603. Ordinance Provisions.--* * * 2 (c) Zoning ordinances may contain: 3 (1) provisions for special exceptions and variances 4 administered by the zoning hearing board, which provisions 5 shall be in accordance with this act; 6 (2) provisions for conditional uses to be allowed or 7 denied by the governing body pursuant to public notice and 8 hearing and recommendations by the planning agency and 9 pursuant to express standards and criteria set forth in the 10 zoning ordinances. In allowing a conditional use, the 11 governing body may attach such reasonable conditions and 12 safeguards, in addition to those expressed in the ordinance, 13 as it may deem necessary to implement the purposes of this 14 act and the zoning ordinance; 15 (2.1) when an application for either a special exception 16 or a conditional use has been filed with either the zoning 17 hearing board or governing body, as relevant, and the subject 18 matter of such application would ultimately constitute either 19 a "land development" as defined in section 107 or a 20 "subdivision" as defined in section 107, no change or 21 amendment of the zoning, subdivision or other governing 22 ordinance or plans shall affect the decision on such 23 application adversely to the applicant and the applicant 24 shall be entitled to a decision in accordance with the 25 provisions of the governing ordinances or plans as they stood 26 at the time the application was duly filed. Provided, 27 further, should such an application be approved by either the 28 zoning hearing board or governing body, as relevant, 29 applicant shall be entitled to proceed with the submission of 30 either land development or subdivision plans within a period 19990H0413B0433 - 2 -
1 of six months or longer or as may be approved by either the 2 zoning hearing board or the governing body following the date 3 of such approval in accordance with the provisions of the 4 governing ordinances or plans as they stood at the time the 5 application was duly filed before either the zoning hearing 6 board or governing body, as relevant. If either a land 7 development or subdivision plan is so filed within said 8 period, such plan shall be subject to the provisions of 9 section 508(1) through (4), and specifically to the time 10 limitations of section 508(4) which shall commence as of the 11 date of filing such land development or subdivision plan; 12 (2.2) provisions for regulating transferable development 13 rights, on a voluntary basis, including provisions for the 14 protection of persons acquiring the same, in accordance with 15 express standards and criteria set forth in the ordinance and 16 section 619.1; 17 (2.3) provisions regulating the operation of 18 establishments selling video cassettes, audio compact disks 19 or audio cassettes by requiring the establishments to conduct 20 sales in accordance with the Voluntary Movie Rating System 21 adopted by the Motion Picture Association of America, Inc., 22 and the Parental Advisory Program adopted by the Recording 23 Industry Association of America or substantially similar 24 systems or programs promulgated from time to time by the 25 Motion Picture Association of America, Inc., or the Recording 26 Industry Association of America or successor entities; 27 (3) provisions for the administration and enforcement of 28 such ordinances; 29 (4) such other provisions as may be necessary to 30 implement the purposes of this act; 19990H0413B0433 - 3 -
1 (5) provisions to encourage innovation and to promote 2 flexibility, economy and ingenuity in development, including 3 subdivisions and land developments as defined in this act; 4 and 5 (6) provisions authorizing increases in the permissible 6 density of population or intensity of a particular use based 7 upon expressed standards and criteria set forth in the zoning 8 ordinance. 9 * * * 10 Section 2. This act shall take effect in 60 days. L2L53WMB/19990H0413B0433 - 4 -