| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY BROWNE, EARLL, WONDERLING, WASHINGTON, BOSCOLA, RAFFERTY AND COSTA, APRIL 3, 2009 |
| |
| |
| REFERRED TO LOCAL GOVERNMENT, APRIL 3, 2009 |
| |
| |
| |
| 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," amending the title of the act; and providing |
21 | for compensation for the forced removal of a lawfully erected |
22 | sign. |
23 | The General Assembly of the Commonwealth of Pennsylvania |
24 | hereby enacts as follows: |
25 | Section 1. The title of the act of July 31, 1968 (P.L.805, |
26 | No.247), known as the Pennsylvania Municipalities Planning Code, |
27 | reenacted and amended December 21, 1988 (P.L.1329, No.170) and |
28 | amended December 14, 1992 (P.L.815, No.131), is amended to read: |
|
1 | AN ACT |
2 | To empower cities of the second class A, and third class, |
3 | boroughs, incorporated towns, townships of the first and |
4 | second classes including those within a county of the second |
5 | class and counties of the second through eighth classes, |
6 | individually or jointly, to plan their development and to |
7 | govern the same by zoning, subdivision and land development |
8 | ordinances, planned residential development and other |
9 | ordinances, by official maps, by the reservation of certain |
10 | land for future public purpose and by the acquisition of such |
11 | land; to promote the conservation of energy through the use |
12 | 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 compelled removal; 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 | Section 2. The act is amended by adding a section to read: |
22 | Section 919. Compelled Removal.--(a) Subject to subsection |
23 | (b), the requirement by a governmental entity that a lawfully |
24 | erected display be removed as a condition or prerequisite for |
25 | the issuance or continued effectiveness of a permit, license or |
26 | other approval for any use, structure, development or activity |
27 | other than a display shall constitute a compelled removal |
28 | requiring monetary compensation. |
29 | (b) Subsection (a) shall not apply if the permit, license or |
30 | approval is requested for the construction of a building or |
|
1 | structure which cannot be built without physically removing the |
2 | display. |
3 | Section 3. This act shall take effect in 60 days. |
|