PRINTER'S NO. 1549
No. 1341 Session of 1989
INTRODUCED BY CLYMER, JOHNSON, MORRIS, FAIRCHILD, J. L. WRIGHT,
TRELLO, E. Z. TAYLOR, STABACK, BELARDI, SERAFINI AND HECKLER,
APRIL 26, 1989
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 26, 1989
AN ACT
1 Amending the act of July 31, 1968 (P.L.805, No.247), entitled,
2 as reenacted and amended, "An act to empower cities of the
3 second class A, and third class, boroughs, incorporated
4 towns, townships of the first and second classes including
5 those within a county of the second class and counties of the
6 second class A through eighth classes, individually or
7 jointly, to plan their development and to govern the same by
8 zoning, 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 the jurisdiction of county planning
22 agencies regarding approval of certain subdivision and land
23 development applications.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. Section 502 of the act of July 31, 1968 (P.L.805,
27 No.247), known as the Pennsylvania Municipalities Planning Code,
28 reenacted and amended December 21, 1988 (P.L.1329, No.170), is
1 amended to read:
2 Section 502. Jurisdiction of County Planning Agencies;
3 Adoption by Reference of County Subdivision and Land Development
4 Ordinances.--(a) When any county has adopted a subdivision and
5 land development ordinance in accordance with the terms of this
6 article, a certified copy of the ordinance shall be sent to
7 every municipality within the county. All amendments shall also
8 be sent to the aforementioned municipalities. The powers of
9 governing bodies of counties to enact, amend and repeal
10 subdivision and land development ordinances shall be limited to
11 land in those municipalities wholly or partly within the county
12 which have no subdivision and land development ordinance in
13 effect at the time a subdivision and land development ordinance
14 is introduced before the governing body of the county, and until
15 the municipal subdivision and land development ordinance is in
16 effect and a certified copy of such ordinance is filed with the
17 county planning agency, if one exists.
18 (b) The enactment of a subdivision and land development
19 ordinance by any municipality, other than a county, whose land
20 is subject to a county subdivision and land development
21 ordinance shall act as a repeal protanto of the county
22 subdivision and land development ordinance within the
23 municipality adopting such ordinance. However, applications for
24 subdivision and land development located within a municipality
25 having adopted a subdivision and land development ordinance as
26 set forth in this article shall be forwarded upon receipt by the
27 municipality to the county planning agency for review,
28 recommendation and report together with a fee sufficient to
29 cover the costs of the review, recommendation and report which
30 fee shall be paid by the applicant: Provided, That such
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1 municipalities shall not approve such applications until the
2 county recommendation and report is received or until the
3 expiration of 30 days from the date the application was
4 forwarded to the county.
5 (c) Further, any municipality other than a county may adopt
6 by reference the subdivision and land development ordinance of
7 the county, and may by separate ordinance designate the county
8 planning agency, with the county planning agency's concurrence,
9 as its official administrative agency for review, recommendation
10 and approval of plats.
11 Section 2. This act shall take effect in 60 days.
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