PRIOR PRINTER'S NO. 656 PRINTER'S NO. 2587
No. 591 Session of 1997
INTRODUCED BY STEIL, RUBLEY, MELIO, YOUNGBLOOD, TRELLO, MAITLAND, HENNESSEY AND ROSS, FEBRUARY 13, 1997
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 24, 1997
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 the procedure for joint 21 municipal curative amendments. 22 The General Assembly of the Commonwealth of Pennsylvania 23 hereby enacts as follows: 24 Section 1. Section 812-A of the act of July 31, 1968 25 (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), is amended to read:
1 Section 812-A. Procedure for Joint Municipal Curative 2 Amendments.--(a) The governing bodies of all the participating 3 municipalities may declare the joint municipal zoning ordinance 4 or portions thereof substantially invalid and prepare a 5 municipal curative amendment pursuant to section 609.2. 6 (b) The provisions of section 609.2(4) shall apply to all 7 municipalities participating in the joint municipal zoning 8 ordinance. 9 (c) (1) In the case of a joint municipal curative amendment <-- 10 involving two or three municipalities, the municipalities 11 shall have nine months from the date of declaration of 12 partial or total invalidity to enact a curative amendment. <-- 13 Where there are TOTAL INVALIDITY TO ENACT A CURATIVE <-- 14 AMENDMENT. 15 (2) SUBJECT TO THE LIMITATION CONTAINED IN CLAUSE (3), 16 WHERE THERE ARE more than three municipality parties, the 17 nine-month period shall be extended one additional month for 18 each municipality in excess of three that is a party to the 19 joint municipal zoning ordinance. 20 (3) NOTWITHSTANDING THE ADDITIONAL PERIODS PROVIDED FOR <-- 21 IN CLAUSE (2), A CURATIVE AMENDMENT SHALL BE ENACTED BY THE 22 PARTIES TO A JOINT MUNICIPAL ZONING ORDINANCE NOT LATER THAN 23 ONE YEAR FROM THE DATE OF DECLARATION OF PARTIAL OR TOTAL 24 INVALIDITY. 25 Section 2. This act shall take effect in 60 days. A23L53WMB/19970H0591B2587 - 2 -