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                                                      PRINTER'S NO. 1313

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1160 Session of 1999


        INTRODUCED BY BARD, HERMAN, ROSS, LESCOVITZ AND COY,
           APRIL 7, 1999

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 7, 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 class A
     6     through eighth classes, individually or jointly, to plan
     7     their development and to govern the same by zoning,
     8     subdivision and land development ordinances, planned
     9     residential development and other ordinances, by official
    10     maps, by the reservation of certain land for future public
    11     purpose and by the acquisition of such land; to promote the
    12     conservation of energy through the use of planning practices
    13     and to promote the effective utilization of renewable energy
    14     sources; providing for the establishment of planning
    15     commissions, planning departments, planning committees and
    16     zoning hearing boards, authorizing them to charge fees, make
    17     inspections and hold public hearings; providing for
    18     mediation; providing for transferable development rights;
    19     providing for appropriations, appeals to courts and penalties
    20     for violations; and repealing acts and parts of acts,"
    21     further providing for construction, for planning commission
    22     membership and business, for planning agency powers and
    23     duties, for compliance by counties, for official municipality
    24     maps, for county planning agency jurisdiction, for
    25     subdivision and land development ordinances, for plat
    26     approval and recording, for preventive remedies, for the
    27     transportation capital improvements plan, for ordinance
    28     provisions, for classifications, for municipal curative
    29     amendments and for standards and conditions for planned
    30     residential development; providing for transferable
    31     development rights; further providing for zoning hearing
    32     board membership, organization, jurisdiction and time limits;
    33     and making repeals.


     1     The General Assembly of the Commonwealth of Pennsylvania
     2  hereby enacts as follows:
     3     Section 1.  Sections 103, 203(b), 207, 209.1, 301.4, 405 and
     4  502(b) and (c) of the act of July 31, 1968 (P.L.805, No.247),
     5  known as the Pennsylvania Municipalities Planning Code,
     6  reenacted and amended December 21, 1988 (P.L.1329, No.170), are
     7  amended to read:
     8     Section 103.  Construction of Act.--The provisions of this
     9  act shall not affect any act done, contract executed or
    10  liability incurred prior to its effective date, or affect any
    11  suit or prosecution pending or to be instituted, to enforce any
    12  right, rule, regulation, or ordinance or to punish any offense
    13  against any such repealed laws or against any ordinance enacted
    14  under them. All ordinances, resolutions, regulations and rules
    15  made pursuant to any act of Assembly repealed by this act shall
    16  continue in effect as if such act had not been repealed, except
    17  as the provisions are inconsistent herewith. The provisions of
    18  other acts relating to municipalities other than cities of the
    19  first and second class [and counties of the second class] are
    20  made a part of this act and this code shall be construed to give
    21  effect to all provisions of other acts not specifically
    22  repealed.
    23     Section 203.  Appointment, Term and Vacancy.--* * *
    24     (b)  The term of each of the members of the commission shall
    25  be for four years[, or until his successor is appointed and
    26  qualified], except that the terms of the members first appointed
    27  pursuant to this act shall be so fixed that on commissions of
    28  eight members or less no more than two shall be reappointed or
    29  replaced during any future calendar year, and on commissions of
    30  nine members no more than three shall be so reappointed or
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     1  replaced.
     2     * * *
     3     Section 207.  Conduct of Business; Quorum.--The commission
     4  shall elect its own chairman and vice-chairman and create and
     5  fill such other offices as it may determine. Officers shall
     6  serve annual terms and may succeed themselves. The commission
     7  may make and alter by laws and rules and regulations to govern
     8  its procedures consistent with the ordinances of the
     9  municipality and the laws of the Commonwealth. The commission
    10  shall keep a full record of its business and shall annually make
    11  a written report by March 1 of each year of its activities to
    12  the governing body. Interim reports may be made as often as may
    13  be necessary, or as requested by the governing body. A majority
    14  of the members of the commission presently serving shall
    15  constitute a quorum.
    16     Section 209.1.  Powers and Duties of Planning Agency.--(a)
    17  The planning agency shall at the request of the governing body
    18  have the power and shall be required to:
    19         (1)  Prepare the comprehensive plan for the development
    20     of the municipality as set forth in this act, and present it
    21     for the consideration of the governing body.
    22         (2)  Maintain and keep on file records of its action. All
    23     records and files of the planning agency shall be in the
    24     possession of the governing body.
    25     (b)  The planning agency at the request of the governing body
    26  [may] shall:
    27         (1)  Make recommendations to the governing body
    28     concerning the adoption or amendment of an official map.
    29         (2)  Prepare and present to the governing body of the
    30     municipality a zoning ordinance, and make recommendations to
    19990H1160B1313                  - 3 -

     1     the governing body on proposed amendments to it as set forth
     2     in this act.
     3         (3)  Prepare, recommend and administer subdivision and
     4     land development and planned residential development
     5     regulations, as set forth in this act.
     6         (4)  Prepare and present to the governing body of the
     7     municipality a building code and a housing code and make
     8     recommendations concerning proposed amendments thereto.
     9         (5)  Do such other acts or make such studies as may be
    10     necessary to fulfill the duties and obligations imposed by
    11     this act.
    12         (6)  Prepare and present to the governing body of the
    13     municipality an environmental study.
    14         (7)  Submit to the governing body of a municipality a
    15     recommended capital improvements program.
    16         (7.1)  Prepare and present to the governing body of the
    17     municipality a water survey, which shall be consistent with
    18     the State Water Plan and any applicable water resources plan
    19     adopted by a river basin commission. The water survey shall
    20     be conducted in consultation with any public water supplier
    21     in the area to be surveyed.
    22         (8)  Promote public interest in, and understanding of,
    23     the comprehensive plan and planning.
    24         (9)  Make recommendations to governmental, civic and
    25     private agencies and individuals as to the effectiveness of
    26     the proposals of such agencies and individuals.
    27         (10)  Hold public hearings and meetings.
    28         (10.1)  Present testimony before any board.
    29         (11)  Require from other departments and agencies of the
    30     municipality such available information as relates to the
    19990H1160B1313                  - 4 -

     1     work of the planning agency.
     2         (12)  In the performance of its functions, enter upon any
     3     land to make examinations and surveys with the consent of the
     4     owner.
     5         (13)  Prepare and present to the governing body of the
     6     municipality a study regarding the feasibility and
     7     practicability of using renewable energy sources in specific
     8     areas within the municipality.
     9         (14)  Review the zoning ordinance, subdivision and land
    10     development ordinance, official map, provisions for planned
    11     residential development, and such other ordinances and
    12     regulations governing the development of land no less
    13     frequently than it reviews the comprehensive plan.
    14     Section 301.4.  Compliance by Counties.--(a)  If a county
    15  does not have a comprehensive plan, then that county shall,
    16  within three years of the effective date of this act, prepare
    17  and adopt a comprehensive plan in accordance with the
    18  requirements of section 301.
    19     (b)  Municipal comprehensive plans which are adopted shall be
    20  generally consistent with the adopted county comprehensive plan.
    21     Section 405.  Buildings in Mapped Streets, Watercourses or
    22  Other Public Grounds.--For the purpose of preserving the
    23  integrity of the official map of the municipality, no permit
    24  shall be issued for any building within the lines of any street,
    25  watercourse or public ground shown or laid out on the official
    26  map. No person shall recover any damages for the taking for
    27  public use of any building or improvements constructed within
    28  the lines of any street, watercourse or public ground after the
    29  same shall have been included in the official map, and any such
    30  building or improvement shall be removed at the expense of the
    19990H1160B1313                  - 5 -

     1  owner. However, when the property of which the reserved location
     2  forms a part, cannot yield a reasonable return to the owner
     3  unless a permit shall be granted, the owner may apply to the
     4  governing body for the grant of a special encroachment permit to
     5  build. Before granting any special encroachment permit
     6  authorized in this section, the governing body may submit the
     7  application for a special encroachment permit to the local
     8  planning agency and allow the planning agency 30 days for review
     9  and comment and shall give public notice and hold a public
    10  hearing at which all parties in interest shall have an
    11  opportunity to be heard. A refusal by the governing body to
    12  grant the special encroachment permit applied for may be
    13  appealed by the applicant to [the zoning hearing board] the
    14  court of common pleas in the same manner, and within the same
    15  time limitation, as is provided in Article [IX] X-A.
    16     Section 502.  Jurisdiction of County Planning Agencies;
    17  Adoption by Reference of County Subdivision and Land Development
    18  Ordinances.--* * *
    19     (b)  The enactment of a subdivision and land development
    20  ordinance by any municipality, other than a county, whose land
    21  is subject to a county subdivision and land development
    22  ordinance shall act as a repeal protanto of the county
    23  subdivision and land development ordinance within the
    24  municipality adopting such ordinance. However, applications for
    25  subdivision and land development located within a municipality
    26  having adopted a subdivision and land development ordinance as
    27  set forth in this article shall be forwarded upon receipt by the
    28  municipality to the county planning agency for review and report
    29  and for recommendation, together with a fee sufficient to cover
    30  the costs of the review, recommendation and report which fee
    19990H1160B1313                  - 6 -

     1  shall be paid by the applicant: Provided, That such
     2  municipalities shall not approve such applications until the
     3  county recommendation and report [is] are received or until the
     4  expiration of 30 days from the date the application was
     5  forwarded to the county.
     6     (c)  Further, any municipality other than a county may adopt
     7  by reference the subdivision and land development ordinance of
     8  the county, and may by separate ordinance designate the county
     9  planning agency, with the county planning agency's concurrence,
    10  as its official administrative agency for review, recommendation
    11  and approval of plats.
    12     Section 2.  Section 503(1.1) and (11)(vi) of the act are
    13  amended and the section is amended by adding a clause to read:
    14     Section 503.  Contents of Subdivision and Land Development
    15  Ordinance.--The subdivision and land development ordinance may
    16  include, but need not be limited to:
    17         * * *
    18         (1.1)  Provisions for the exclusion of certain land
    19     development from the definition of land development contained
    20     in section 107 only when such land development involves:
    21             (i)  the conversion of an existing single-family
    22         detached [dwelling or], single family semi-detached
    23         [dwelling] or single family attached dwelling into not
    24         more than three residential units, unless such units are
    25         intended to be a condominium;
    26             (ii)  the addition of an accessory building,
    27         including farm buildings, on a lot or lots subordinate to
    28         an existing principal building; or
    29             (iii)  the addition or conversion of buildings or
    30         rides within the confines of an enterprise which would be
    19990H1160B1313                  - 7 -

     1         considered an amusement park. For purposes of this
     2         subclause, an amusement park is defined as a tract or
     3         area used principally as a location for permanent
     4         amusement structures or rides. This exclusion shall not
     5         apply to newly acquired acreage by an amusement park
     6         until initial plans for the expanded area have been
     7         approved by proper authorities.
     8         (1.2)  Provisions defining minor land development and
     9     establishing a simplified review procedure applicable to
    10     minor land development.
    11         * * *
    12         (11)  Provisions requiring the public dedication of land
    13     suitable for the use intended; and, upon agreement with the
    14     applicant or developer, the construction of recreational
    15     facilities, the payment of fees in lieu thereof, the private
    16     reservation of the land, or a combination, for park or
    17     recreation purposes as a condition precedent to final plan
    18     approval, provided that:
    19             * * *
    20             (vi)  A fee authorized under this subsection shall,
    21         upon its receipt by a municipality, be deposited in an
    22         interest-bearing account, clearly identifying the
    23         specific recreation facilities or land, or both, for park
    24         purposes for which the fee was received. Interest earned
    25         on such accounts shall become funds of that account.
    26         Funds from such accounts shall be expended only in
    27         properly allocable portions of the cost incurred to
    28         construct the specific recreation facilities or land, or
    29         both, for park purposes for which the funds were
    30         collected.
    19990H1160B1313                  - 8 -

     1             * * *
     2     Section 3.  Sections 508(3), 509(a), 513 and 515.1 of the act
     3  are amended to read:
     4     Section 508.  Approval of Plats.--All applications for
     5  approval of a plat (other than those governed by Article VII),
     6  whether preliminary or final, shall be acted upon by the
     7  governing body or the planning agency within such time limits as
     8  may be fixed in the subdivision and land development ordinance
     9  but the governing body or the planning agency shall render its
    10  decision and communicate it to the applicant not later than 90
    11  days following the date of the regular meeting of the governing
    12  body or the planning agency (whichever first reviews the
    13  application) next following the date the application is filed,
    14  provided that should the said next regular meeting occur more
    15  than 30 days following the filing of the application, the said
    16  90-day period shall be measured from the 30th day following the
    17  day the application has been filed.
    18         * * *
    19         (3)  Failure of the governing body or planning agency to
    20     render a decision and communicate it to the applicant within
    21     the time and in the manner required herein shall be deemed an
    22     approval of the application in terms as presented unless the
    23     applicant has agreed in writing to an extension of time or
    24     change in the prescribed manner of presentation of
    25     communication of the decision, in which case, failure to meet
    26     the extended time or change in manner of presentation of
    27     communication shall have like effect.
    28         * * *
    29     Section 509.  Completion of Improvements or Guarantee Thereof
    30  Prerequisite to Final Plat Approval.--(a)  No plat shall be
    19990H1160B1313                  - 9 -

     1  finally approved unless the streets shown on such plat have been
     2  improved to a mud-free or otherwise permanently passable
     3  condition, or improved as may be required by the subdivision and
     4  land development ordinance and any walkways, curbs, gutters,
     5  street lights, fire hydrants, shade trees, water mains, sanitary
     6  sewers, storm sewers and other improvements as may be required
     7  by the subdivision and land development ordinance have been
     8  installed in accordance with such ordinance. In lieu of the
     9  completion of any improvements required as a condition for the
    10  final approval of a plat, [including improvements or fees
    11  required pursuant to section 509(i),] the subdivision and land
    12  development ordinance shall provide for the deposit with the
    13  municipality of financial security in an amount sufficient to
    14  cover the costs of such improvements or common amenities
    15  including, but not limited to, roads, storm water detention
    16  and/or retention basins and other related drainage facilities,
    17  recreational facilities, open space improvements, or buffer or
    18  screen plantings which may be required.
    19     * * *
    20     Section 513.  Recording Plats and Deeds.--(a)  Upon the
    21  approval of a final plat, the developer shall within 90 days of
    22  such final approval record such plat in the office of the
    23  recorder of deeds of the county in which the municipality is
    24  located. Whenever such plat approval is required by a
    25  municipality, the recorder of deeds of the county shall not
    26  accept any plat for recording, unless such plat officially notes
    27  the approval of the governing body or planning agency, if
    28  designated by the governing body, and review by the county
    29  planning agency, if one exists.
    30     (b)  The recording of the plat shall not constitute grounds
    19990H1160B1313                 - 10 -

     1  for assessment increases until such time as lots are sold or
     2  improvements are installed on the land included within the
     3  subject plat.
     4     Section 515.1.  Preventive Remedies.--(a)  In addition to
     5  other remedies, the municipality may institute and maintain
     6  appropriate actions by law or in equity to restrain, correct or
     7  abate violations, to prevent unlawful construction, to recover
     8  damages and to prevent illegal occupancy of a building,
     9  structure or premises. The description by metes and bounds in
    10  the instrument of transfer or other documents used in the
    11  process of selling or transferring shall not exempt the seller
    12  or transferor from [such penalties or from] the remedies herein
    13  provided.
    14     (b)  A municipality may refuse to issue any permit or grant
    15  any approval necessary to further improve or develop any real
    16  property which has been developed or which has resulted from a
    17  subdivision of real property in violation of any ordinance
    18  adopted pursuant to this article. This authority to deny such a
    19  permit or approval shall apply to any of the following
    20  applicants:
    21         (1)  The owner of record at the time of such violation.
    22         (2)  The vendee or lessee of the owner of record at the
    23     time of such violation without regard as to whether such
    24     vendee or lessee had actual or constructive knowledge of the
    25     violation.
    26         (3)  The current owner of record who acquired the
    27     property subsequent to the time of violation without regard
    28     as to whether such current owner had actual or constructive
    29     knowledge of the violation.
    30         (4)  The vendee or lessee of the current owner of record
    19990H1160B1313                 - 11 -

     1     who acquired the property subsequent to the time of violation
     2     without regard as to whether such vendee or lessee had actual
     3     or constructive knowledge of the violation.
     4  As an additional condition for issuance of a permit or the
     5  granting of an approval to any such owner, current owner, vendee
     6  or lessee for the development of any such real property, the
     7  municipality may require compliance with the conditions that
     8  would have been applicable to the property at the time the
     9  applicant acquired an interest in such real property.
    10     Section 4.  Section 504-A(f) of the act, added December 19,
    11  1990 (P.L.1343, No.209), is amended to read:
    12     Section 504-A.  Transportation Capital Improvements Plan.--*
    13  * *
    14     (f)  Any improvements to [Federal-aid or State] highways
    15  under the jurisdiction and authority of the Department of
    16  Transportation to be funded in part by impact fees shall require
    17  the approval of the Department of Transportation and, if
    18  necessary, the United States Department of Transportation.
    19  Nothing in this act shall be deemed to alter or diminish the
    20  powers, duties or jurisdiction of the Department of
    21  Transportation with respect to [State highways or the rural
    22  State highway system] highways under its jurisdiction and
    23  authority.
    24     Section 5.  Sections 603(c)(5), 605(3), 609.2 introductory
    25  paragraph, 615, 704(b) and 705(f)(5) and (6) of the act are
    26  amended to read:
    27     Section 603.  Ordinance Provisions.--* * *
    28     (c)  Zoning ordinances may contain:
    29         * * *
    30         (5)  provisions to encourage innovation and to promote
    19990H1160B1313                 - 12 -

     1     flexibility, economy and ingenuity in development[, including
     2     subdivisions and land developments as defined in this act];
     3     and
     4         * * *
     5     Section 605.  Classifications.--In any municipality, other
     6  than a county, which enacts a zoning ordinance, no part of such
     7  municipality shall be left unzoned. The provisions of all zoning
     8  ordinances may be classified so that different provisions may be
     9  applied to different classes of situations, uses and structures
    10  and to such various districts of the municipality as shall be
    11  described by a map made part of the zoning ordinance. Where
    12  zoning districts are created, all provisions shall be uniform
    13  for each class of uses or structures, within each district,
    14  except that additional classifications may be made within any
    15  district:
    16         * * *
    17         (3)  For the purpose of encouraging innovation and the
    18     promotion of flexibility, economy and ingenuity in
    19     development, [including subdivisions and land developments as
    20     defined in this act,] and for the purpose of authorizing
    21     increases in the permissible density of population or
    22     intensity of a particular use based upon expressed standards
    23     and criteria set forth in the zoning ordinance.
    24         * * *
    25     Section 609.2.  Procedure for Municipal Curative
    26  Amendments.--If a municipality determines that its zoning
    27  ordinance or any portion thereof is [substantially]
    28  substantively invalid, it shall take the following actions:
    29         * * *
    30     Section 615.  Zoning Appeals.--All appeals from [decisions]
    19990H1160B1313                 - 13 -

     1  determinations of the zoning officer shall be taken in the
     2  manner set forth in this act.
     3     Section 704.  Jurisdiction of County Planning Agencies.--* *
     4  *
     5     (b)  The powers of governing bodies of counties to enact,
     6  amend and repeal planned residential development provisions
     7  shall not supersede any local planned residential development,
     8  zoning or subdivision and land development ordinance which is
     9  already in effect or subsequently becomes effective in any
    10  municipality within such county, provided that a certified copy
    11  of such provision is filed with the county planning agency, if
    12  one exists. However, all applications for tentative approval of
    13  planned residential development of land located within a
    14  municipality having adopted planned residential development
    15  provisions as set forth in this article shall nevertheless be
    16  referred to the county planning agency, if one exists, for study
    17  and recommendation, together with a fee sufficient to cover the
    18  costs of the review, recommendation and report, which fee shall
    19  be paid by the applicant, and such county planning agency shall
    20  be required to report to such municipality within 30 days or
    21  forfeit the right to review.
    22     Section 705.  Standards and Conditions for Planned
    23  Residential Development.--* * *
    24     (f)  The standards for a planned residential development
    25  established by provisions adopted pursuant to this article may
    26  require that the common open space resulting from the
    27  application of standards for density, or intensity of land use,
    28  shall be set aside for the use and benefit of the residents in
    29  such development and may include provisions which shall
    30  determine the amount and location of said common open space and
    19990H1160B1313                 - 14 -

     1  secure its improvement and maintenance for common open space
     2  use, subject, however, to the following:
     3         * * *
     4         [(5)  The decision of the governing body or its
     5     designated agency shall be subject to appeal to court in the
     6     same manner, and within the same time limitation, as is
     7     provided for zoning appeals by this act.
     8         (6)] (5)  The cost of such maintenance by the
     9     municipality shall be assessed ratably against the properties
    10     within the planned residential development that have a right
    11     of enjoyment of the common open space, and shall become a
    12     lien on said properties. The municipality at the time of
    13     entering upon said common open space for the purpose of
    14     maintenance shall file a notice of lien in the office of the
    15     prothonotary of the county, upon the properties affected by
    16     the lien within the planned residential development.
    17     * * *
    18     Section 6.  The act is amended by adding a section to read:
    19     Section 822-A.  Transferable Development Rights.--All rights
    20  and procedures provided for in section 619.1 shall pertain to
    21  municipalities participating in a joint municipal zoning
    22  ordinance.
    23     Section 7.  Sections 903 and 906(b) of the act are amended to
    24  read:
    25     Section 903.  Membership of Board.--(a)  The membership of
    26  the board shall, upon the determination of the governing body,
    27  consist of either three or five residents of the municipality
    28  appointed by resolution by the governing body. The terms of
    29  office of a three member board shall be three years and shall be
    30  so fixed that the term of office of one member shall expire each
    19990H1160B1313                 - 15 -

     1  year. The terms of office of a five member board shall be five
     2  years and shall be so fixed that the term of office of one
     3  member of a five member board shall expire each year. If a three
     4  member board is changed to a five member board, the members of
     5  the existing three member board shall continue in office until
     6  their term of office would expire under prior law. The governing
     7  body shall appoint two additional members to the board with
     8  terms scheduled to expire in accordance with the provisions of
     9  this section. The board shall promptly notify the governing body
    10  of any vacancies which occur. Appointments to fill vacancies
    11  shall be only for the unexpired portion of the term. Members of
    12  the board shall hold no other elected or appointed office in the
    13  municipality[.] nor shall any member act as an employee of the
    14  municipality.
    15     (b)  The governing body may appoint by resolution at least
    16  one but no more than three residents of the municipality to
    17  serve as alternate members of the board. The term of office of
    18  an alternate member shall be three years. When seated pursuant
    19  to the provisions of section 906, an alternate shall be entitled
    20  to participate in all proceedings and discussions of the board
    21  to the same and full extent as provided by law for board
    22  members, including specifically the right to cast a vote as a
    23  voting member during the proceedings, and shall have all the
    24  powers and duties set forth in this act and as otherwise
    25  provided by law. Alternates shall hold no other elected or
    26  appointed office in the municipality nor shall any alternate act
    27  as an employee of the municipality, including [membership on]
    28  service as a member of the planning commission [and] or as a
    29  zoning officer. Any alternate may participate in any proceeding
    30  or discussion of the board but shall not be entitled to vote as
    19990H1160B1313                 - 16 -

     1  a member of the board nor be compensated pursuant to section 907
     2  unless designated as a voting alternate member pursuant to
     3  section 906.
     4     Section 906.  Organization of Board.--* * *
     5     (b)  If, by reason of absence or disqualification of a
     6  member, a quorum is not reached, the chairman of the board shall
     7  designate as many alternate members of the board to sit on the
     8  board as may be needed to [provide a quorum.] replace any absent
     9  or disqualified member. Any alternate member of the board shall
    10  continue to serve on the board in all proceedings involving the
    11  matter or case for which the alternate was initially appointed
    12  until the board has made a final [determination of] decision on
    13  the matter or case. Designation of an alternate pursuant to this
    14  section shall be made on a case-by-case basis in rotation
    15  according to declining seniority among all alternates.
    16     * * *
    17     Section 8.  The introductory paragraphs of section 909.1(a)
    18  and (b) of the act are amended and the section is amended by
    19  adding a subsection to read:
    20     Section 909.1.  Jurisdiction.--(a)  [The] Except as provided
    21  in subsection (c), the zoning hearing board shall have exclusive
    22  jurisdiction to hear and render final adjudications in the
    23  following matters:
    24         * * *
    25     (b)  The governing body or, except as to clauses (3), (4) and
    26  (5), the planning agency, if designated, shall have exclusive
    27  jurisdiction to hear and render final adjudications, in
    28  accordance with section 908, in the following matters:
    29         * * *
    30     (c)  If a municipality has no zoning ordinance or if the
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     1  municipality adopts or amends an ordinance conferring on its
     2  governing body exclusive jurisdiction to hear and render final
     3  adjudications in the matters identified in clauses (1), (2) and
     4  (3), the governing body of the municipality shall have exclusive
     5  jurisdiction to hear and render final adjudications in the
     6  following matters:
     7         (1)  Appeals from determinations with reference to the
     8     administration of any flood plain or flood hazard ordinance
     9     or such provisions within a land use ordinance.
    10         (2)  Applications for variances from the terms of the
    11     flood hazard ordinance or such provisions within a land use
    12     ordinance, pursuant to section 910.2.
    13         (3)  Applications for special exceptions under the flood
    14     plain or flood hazard ordinance or such provisions within a
    15     land use ordinance, pursuant to section 912.1.
    16     Section 9.  Section 914.1(a) of the act is amended to read:
    17     Section 914.1.  Time Limitations.--(a)  No person shall be
    18  allowed to file any proceeding with the board later than 30 days
    19  after an application for development, whether preliminary,
    20  tentative or final, has been approved by an appropriate
    21  municipal officer, agency or body if such proceeding is designed
    22  to secure reversal or to limit the approval in any manner unless
    23  such person alleges and proves that he had no notice, knowledge,
    24  or reason to believe that such approval had been given. If such
    25  person has succeeded to his interest after such approval, he
    26  shall be bound by the knowledge of his predecessor in interest.
    27  The failure of anyone other than the landowner to appeal from an
    28  adverse decision on a preliminary or tentative plan pursuant to
    29  section 508 or 709 or from an adverse decision by a zoning
    30  officer on a challenge to the validity of an ordinance or map
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     1  pursuant to section 916.2 shall preclude an appeal from a final
     2  approval except in the case where the final submission
     3  substantially deviates from the approved tentative or
     4  preliminary approval.
     5     * * *
     6     Section 10.  Sections 2201 through 2211 and 2220 through 2239
     7  of the act of July 28, 1953 (P.L.723, No.230), known as the
     8  Second Class County Code, are repealed.
     9     Section 11.  This act shall take effect in 60 days.














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