PRINTER'S NO. 2062
No. 1676 Session of 2001
INTRODUCED BY MAHER, PERZEL, ARMSTRONG, BARRAR, CALTAGIRONE,
CLARK, CURRY, DALEY, HUTCHINSON, SOLOBAY, YOUNGBLOOD, SATHER,
McNAUGHTON, CORRIGAN, HORSEY AND PALLONE, MAY 29, 2001
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 29, 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," further providing for certain findings, for
21 hearings and for governing body's functions.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Sections 709(a) and 908(9) of the act of July 31,
25 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities
26 Planning Code, reenacted and amended December 21, 1988
27 (P.L.1329, No.170), are amended to read:
1 Section 709. The Findings.--(a) The governing body, or the
2 planning agency, [within 60 days following the conclusion of the
3 public hearing provided for in this article] 180 days after the
4 date of filing of the application, shall, by official written
5 communication, to the landowner, either:
6 (1) grant tentative approval of the development plan as
7 submitted;
8 (2) grant tentative approval subject to specified
9 conditions not included in the development plan as submitted;
10 or
11 (3) deny tentative approval to the development plan.
12 Failure to so act within said period shall be deemed to be a
13 grant of tentative approval of the development plan as
14 submitted. In the event, however, that tentative approval is
15 granted subject to conditions, the landowner may, within 30 days
16 after receiving a copy of the official written communication of
17 the governing body notify such governing body of his refusal to
18 accept all said conditions, in which case, the governing body
19 shall be deemed to have denied tentative approval of the
20 development plan. In the event the landowner does not, within
21 said period, notify the governing body of his refusal to accept
22 all said conditions, tentative approval of the development plan,
23 with all said conditions, shall stand as granted.
24 * * *
25 Section 908. Hearings.--The board shall conduct hearings and
26 make decisions in accordance with the following requirements:
27 * * *
28 (9) The board or the hearing officer, as the case may
29 be, shall render a written decision or, when no decision is
30 called for, make written findings on the application within
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1 45 days after the last hearing before the board or hearing
2 officer but in no event later than 180 days after the filing
3 of the challenge, appeal or application. Where the
4 application is contested or denied, each decision shall be
5 accompanied by findings of fact and conclusions based thereon
6 together with the reasons therefor. Conclusions based on any
7 provisions of this act or of any ordinance, rule or
8 regulation shall contain a reference to the provision relied
9 on and the reasons why the conclusion is deemed appropriate
10 in the light of the facts found. If the hearing is conducted
11 by a hearing officer[,] and there has been no stipulation
12 that his decision or findings are final, the board shall make
13 his report and recommendations available to the parties
14 within 45 days and the parties shall be entitled to make
15 written representations thereon to the board prior to final
16 decision or entry of findings, and the board's decision shall
17 be entered no later than 30 days after the report of the
18 hearing officer but in no event later than 180 days after the
19 filing of the challenge, appeal or application. Where the
20 board fails to render the decision within the period required
21 by this subsection[,] or fails to hold the required hearing
22 within 60 days from the date of the applicant's request for a
23 hearing, the decision shall be deemed to have been rendered
24 in favor of the applicant unless the applicant has agreed in
25 writing or on the record to an extension of time. When a
26 decision has been rendered in favor of the applicant because
27 of the failure of the board to meet or render a decision as
28 hereinabove provided, the board shall give public notice of
29 said decision within ten days from the last day it could have
30 met to render a decision in the same manner as provided in
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1 subsection (1) of this section. If the board shall fail to
2 provide such notice, the applicant may do so. Nothing in this
3 subsection shall prejudice the right of any party opposing
4 the application to appeal the decision to a court of
5 competent jurisdiction.
6 * * *
7 Section 2. Section 913.2(b)(1) of the act, amended December
8 18, 1996 (P.L.1102, No.165), is amended to read:
9 Section 913.2. Governing Body's Functions; Conditional
10 Uses.--* * *
11 (b) (1) The governing body shall render a written decision
12 or, when no decision is called for, make written findings on
13 the conditional use application within 45 days after the last
14 hearing before the governing body but in no event later than
15 180 days after the filing of the application. Where the
16 application is contested or denied, each decision shall be
17 accompanied by findings of fact or conclusions based thereon,
18 together with any reasons therefor. Conclusions based on any
19 provisions of this act or of any ordinance, rule or
20 regulation shall contain a reference to the provision relied
21 on and the reasons why the conclusion is deemed appropriate
22 in the light of the facts found.
23 * * *
24 Section 3. This act shall take effect in 60 days.
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