SENATE AMENDED
PRIOR PRINTER'S NOS. 1410, 2123, 2513 PRINTER'S NO. 2849
No. 1219 Session of 2001
INTRODUCED BY VANCE, HERMAN, NICKOL, McNAUGHTON, CAWLEY,
M. BAKER, CALTAGIRONE, M. COHEN, CORRIGAN, CREIGHTON, DALLY,
DeLUCA, J. EVANS, FLICK, FORCIER, GABIG, GODSHALL, HARHAI,
HENNESSEY, HERSHEY, HUTCHINSON, LAUGHLIN, LEH, MACKERETH,
MANDERINO, MARSICO, McCALL, MELIO, R. MILLER, MUNDY, NAILOR,
ORIE, READSHAW, ROSS, RUBLEY, SATHER, SAYLOR, SCHULER,
SCRIMENTI, SOLOBAY, STABACK, STEELMAN, STERN, STURLA,
E. Z. TAYLOR, THOMAS, TIGUE, WALKO, WANSACZ, WOJNAROSKI,
YUDICHAK, COLAFELLA AND HORSEY, MARCH 29, 2001
SENATOR THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, NOVEMBER 13, 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 planning commission
21 and, for zoning ordinance amendments, FOR CERTAIN FINDINGS, <--
22 FOR HEARINGS AND FOR GOVERNING BODY'S FUNCTIONS.
23 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Section 202 of the act of July 31, 1968 (P.L.805,
3 No.247), known as the Pennsylvania Municipalities Planning Code,
4 reenacted and amended December 21, 1988 (P.L.1329, No.170), is
5 amended to read:
6 Section 202. Planning Commission.--If the governing body of
7 any municipality shall elect to create a planning commission,
8 such commission shall have not less than three nor more than
9 nine members. [All members of the commission shall serve without
10 compensation, but may be reimbursed for necessary and reasonable
11 expenses.] Except for elected or appointed officers or employees
12 of the municipality, members of the commission may receive
13 compensation in an amount fixed by the governing body.
14 Compensation shall not exceed the rate of compensation
15 authorized to be paid to members of the governing body. Without
16 exception, members of the planning commission may be reimbursed
17 for necessary and reasonable expenses. However, elected or
18 appointed officers or employees of the municipality shall not,
19 by reason of membership thereon, forfeit the right to exercise
20 the powers, perform the duties or receive the compensations of
21 the municipal offices held by them during such membership.
22 Section 2. Section 609(b) of the act, amended May 27, 1994
23 (P.L.251, No.38), is amended to read:
24 Section 609. Enactment of Zoning Ordinance Amendments.--* *
25 *
26 (b) (1) Before voting on the enactment of an amendment, the
27 governing body shall hold a public hearing thereon, pursuant
28 to public notice. In addition, if the proposed amendment
29 involves a zoning map change, notice of said public hearing
30 shall be conspicuously posted by the municipality at points
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1 deemed sufficient by the municipality along the tract to
2 notify potentially interested citizens. The affected tract or
3 area shall be posted at least one week prior to the date of
4 the hearing.
5 (2) (i) In addition to the requirement that notice be
6 posted under clause (1), where the proposed amendment
7 involves a zoning map change, notice of the public
8 hearing shall be mailed by the municipality at least ten <--
9 THIRTY days prior to the date of the hearing by first <--
10 class mail to owners of record of THE ADDRESSEES OF TO <--
11 WHICH REAL ESTATE TAX BILLS ARE SENT FOR all real <--
12 property located within the area being rezoned and to <--
13 owners of record of all real property contiguous to the
14 area being rezoned. Notice under this clause shall be
15 sent to owners of record at their addresses of record., <--
16 AS EVIDENCED BY TAX RECORDS WITHIN THE POSSESSION OF THE
17 MUNICIPALITY. The notice shall include the location, date
18 and time of the public hearing. A GOOD FAITH EFFORT AND <--
19 SUBSTANTIAL COMPLIANCE SHALL SATISFY THE REQUIREMENTS OF
20 THIS SUBSECTION.
21 (ii) This clause shall not apply when the rezoning
22 constitutes a comprehensive rezoning.
23 * * *
24 Section 3. This act shall take effect in 60 days. <--
25 SECTION 3. SECTIONS 709(A) AND 908(1.2), (2) AND (9) OF THE <--
26 ACT ARE AMENDED TO READ:
27 SECTION 709. THE FINDINGS.--(A) THE GOVERNING BODY, OR THE
28 PLANNING AGENCY, WITHIN 60 DAYS FOLLOWING THE CONCLUSION OF THE
29 PUBLIC HEARING PROVIDED FOR IN THIS ARTICLE OR WITHIN 180 DAYS
30 AFTER THE DATE OF FILING OF THE APPLICATION, WHICHEVER OCCURS
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1 FIRST, SHALL, BY OFFICIAL WRITTEN COMMUNICATION, TO THE
2 LANDOWNER, EITHER:
3 (1) GRANT TENTATIVE APPROVAL OF THE DEVELOPMENT PLAN AS
4 SUBMITTED;
5 (2) GRANT TENTATIVE APPROVAL SUBJECT TO SPECIFIED
6 CONDITIONS NOT INCLUDED IN THE DEVELOPMENT PLAN AS SUBMITTED;
7 OR
8 (3) DENY TENTATIVE APPROVAL TO THE DEVELOPMENT PLAN.
9 FAILURE TO SO ACT WITHIN SAID PERIOD SHALL BE DEEMED TO BE A
10 GRANT OF TENTATIVE APPROVAL OF THE DEVELOPMENT PLAN AS
11 SUBMITTED. IN THE EVENT, HOWEVER, THAT TENTATIVE APPROVAL IS
12 GRANTED SUBJECT TO CONDITIONS, THE LANDOWNER MAY, WITHIN 30 DAYS
13 AFTER RECEIVING A COPY OF THE OFFICIAL WRITTEN COMMUNICATION OF
14 THE GOVERNING BODY NOTIFY SUCH GOVERNING BODY OF HIS REFUSAL TO
15 ACCEPT ALL SAID CONDITIONS, IN WHICH CASE, THE GOVERNING BODY
16 SHALL BE DEEMED TO HAVE DENIED TENTATIVE APPROVAL OF THE
17 DEVELOPMENT PLAN. IN THE EVENT THE LANDOWNER DOES NOT, WITHIN
18 SAID PERIOD, NOTIFY THE GOVERNING BODY OF HIS REFUSAL TO ACCEPT
19 ALL SAID CONDITIONS, TENTATIVE APPROVAL OF THE DEVELOPMENT PLAN,
20 WITH ALL SAID CONDITIONS, SHALL STAND AS GRANTED.
21 * * *
22 SECTION 908. HEARINGS.--THE BOARD SHALL CONDUCT HEARINGS AND
23 MAKE DECISIONS IN ACCORDANCE WITH THE FOLLOWING REQUIREMENTS:
24 * * *
25 (1.2) THE HEARING SHALL BE [HELD] COMMENCED WITHIN 60
26 DAYS FROM THE DATE OF THE APPLICANT'S REQUEST, UNLESS THE
27 APPLICANT HAS AGREED IN WRITING TO AN EXTENSION OF TIME. THE
28 HEARING SHALL BE COMPLETED NO LATER THAN 150 DAYS AFTER IT
29 COMMENCES.
30 (2) THE HEARINGS SHALL BE CONDUCTED BY THE BOARD OR THE <--
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1 BOARD MAY APPOINT ANY MEMBER OR AN INDEPENDENT ATTORNEY AS A
2 HEARING OFFICER. THE DECISION, OR, WHERE NO DECISION IS
3 CALLED FOR, THE FINDINGS SHALL BE MADE BY THE BOARD; HOWEVER,
4 THE APPELLANT OR THE APPLICANT, AS THE CASE MAY BE, IN
5 ADDITION TO THE MUNICIPALITY, MAY, PRIOR TO THE DECISION OF
6 THE HEARING, WAIVE DECISION OR FINDINGS BY THE BOARD AND
7 ACCEPT THE DECISION OR FINDINGS OF THE HEARING OFFICER AS
8 FINAL.
9 * * *
10 (9) THE BOARD OR THE HEARING OFFICER, AS THE CASE MAY
11 BE, SHALL RENDER A WRITTEN DECISION OR, WHEN NO DECISION IS
12 CALLED FOR, MAKE WRITTEN FINDINGS ON THE APPLICATION WITHIN
13 45 DAYS AFTER THE LAST HEARING BEFORE THE BOARD OR HEARING
14 OFFICER. WHERE THE APPLICATION IS CONTESTED OR DENIED, EACH
15 DECISION SHALL BE ACCOMPANIED BY FINDINGS OF FACT AND
16 CONCLUSIONS BASED THEREON TOGETHER WITH THE REASONS THEREFOR.
17 CONCLUSIONS BASED ON ANY PROVISIONS OF THIS ACT OR OF ANY
18 ORDINANCE, RULE OR REGULATION SHALL CONTAIN A REFERENCE TO
19 THE PROVISION RELIED ON AND THE REASONS WHY THE CONCLUSION IS
20 DEEMED APPROPRIATE IN THE LIGHT OF THE FACTS FOUND. IF THE
21 HEARING IS CONDUCTED BY A HEARING OFFICER[,] AND THERE HAS
22 BEEN NO STIPULATION THAT HIS DECISION OR FINDINGS ARE FINAL,
23 THE BOARD SHALL MAKE HIS REPORT AND RECOMMENDATIONS AVAILABLE
24 TO THE PARTIES WITHIN 45 DAYS AND THE PARTIES SHALL BE
25 ENTITLED TO MAKE WRITTEN REPRESENTATIONS THEREON TO THE BOARD
26 PRIOR TO FINAL DECISION OR ENTRY OF FINDINGS, AND THE BOARD'S
27 DECISION SHALL BE ENTERED NO LATER THAN 30 DAYS AFTER THE
28 REPORT OF THE HEARING OFFICER. WHERE THE BOARD FAILS TO
29 RENDER THE DECISION WITHIN THE PERIOD REQUIRED BY THIS
30 SUBSECTION[,] OR FAILS TO [HOLD] COMMENCE OR COMPLETE THE
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1 REQUIRED HEARING [WITHIN 60 DAYS FROM THE DATE OF THE
2 APPLICANT'S REQUEST FOR A HEARING,] AS PROVIDED IN SUBSECTION
3 (1.2), THE DECISION SHALL BE DEEMED TO HAVE BEEN RENDERED IN
4 FAVOR OF THE APPLICANT UNLESS THE APPLICANT HAS AGREED IN
5 WRITING OR ON THE RECORD TO AN EXTENSION OF TIME. WHEN A
6 DECISION HAS BEEN RENDERED IN FAVOR OF THE APPLICANT BECAUSE
7 OF THE FAILURE OF THE BOARD TO MEET OR RENDER A DECISION AS
8 HEREINABOVE PROVIDED, THE BOARD SHALL GIVE PUBLIC NOTICE OF
9 SAID DECISION WITHIN TEN DAYS FROM THE LAST DAY IT COULD HAVE
10 MET TO RENDER A DECISION IN THE SAME MANNER AS PROVIDED IN
11 SUBSECTION (1) OF THIS SECTION. IF THE BOARD SHALL FAIL TO
12 PROVIDE SUCH NOTICE, THE APPLICANT MAY DO SO. NOTHING IN THIS
13 SUBSECTION SHALL PREJUDICE THE RIGHT OF ANY PARTY OPPOSING
14 THE APPLICATION TO APPEAL THE DECISION TO A COURT OF
15 COMPETENT JURISDICTION.
16 * * *
17 SECTION 4. SECTION 913.2(B)(2) 913.2(A) AND (B)(2) OF THE <--
18 ACT, AMENDED DECEMBER 18, 1996 (P.L.1102, NO.165), IS AMENDED TO
19 READ:
20 SECTION 913.2. GOVERNING BODY'S FUNCTIONS; CONDITIONAL
21 USES.--* * * USES.--(A) WHERE THE GOVERNING BODY, IN THE ZONING <--
22 ORDINANCES, HAS STATED CONDITIONAL USES TO BE GRANTED OR DENIED
23 BY THE GOVERNING BODY PURSUANT TO EXPRESS STANDARDS AND
24 CRITERIA, THE GOVERNING BODY SHALL HOLD HEARINGS ON AND DECIDE
25 REQUESTS FOR SUCH CONDITIONAL USES IN ACCORDANCE WITH SUCH
26 STANDARDS AND CRITERIA. THE HEARING SHALL BE CONDUCTED BY THE
27 BOARD OR THE BOARD MAY APPOINT ANY MEMBER OR AN INDEPENDENT
28 ATTORNEY AS A HEARING OFFICER. THE DECISION, OR, WHERE NO
29 DECISION IS CALLED FOR, THE FINDINGS SHALL BE MADE BY THE BOARD.
30 HOWEVER, THE APPELLANT OR THE APPLICANT, AS THE CASE MAY BE, IN
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1 ADDITION TO THE MUNICIPALITY, MAY, PRIOR TO THE DECISION OF THE
2 HEARING, WAIVE DECISION OR FINDINGS BY THE BOARD AND ACCEPT THE
3 DECISION OR FINDINGS OF THE HEARING OFFICER AS FINAL. IN
4 GRANTING A CONDITIONAL USE, THE GOVERNING BODY MAY ATTACH SUCH
5 REASONABLE CONDITIONS AND SAFEGUARDS, IN ADDITION TO THOSE
6 EXPRESSED IN THE ORDINANCE, AS IT MAY DEEM NECESSARY TO
7 IMPLEMENT THE PURPOSES OF THIS ACT IN THE ZONING ORDINANCE.
8 (B) * * *
9 (2) WHERE THE GOVERNING BODY FAILS TO RENDER THE
10 DECISION WITHIN THE PERIOD REQUIRED BY THIS SUBSECTION OR
11 FAILS TO [HOLD] COMMENCE THE REQUIRED HEARING WITHIN 60 DAYS
12 FROM THE DATE OF THE APPLICANT'S REQUEST FOR A HEARING AND
13 COMPLETE THE HEARING NO LATER THAN 150 DAYS AFTER IT
14 COMMENCES, THE DECISION SHALL BE DEEMED TO HAVE BEEN RENDERED
15 IN FAVOR OF THE APPLICANT UNLESS THE APPLICANT HAS AGREED IN
16 WRITING OR ON THE RECORD TO AN EXTENSION OF TIME. WHEN A
17 DECISION HAS BEEN RENDERED IN FAVOR OF THE APPLICANT BECAUSE
18 OF THE FAILURE OF THE GOVERNING BODY TO MEET OR RENDER A
19 DECISION AS HEREINABOVE PROVIDED, THE GOVERNING BODY SHALL
20 GIVE PUBLIC NOTICE OF THE DECISION WITHIN TEN DAYS FROM THE
21 LAST DAY IT COULD HAVE MET TO RENDER A DECISION IN THE SAME
22 MANNER AS REQUIRED BY THE PUBLIC NOTICE REQUIREMENTS OF THIS
23 ACT. IF THE GOVERNING BODY SHALL FAIL TO PROVIDE SUCH NOTICE,
24 THE APPLICANT MAY DO SO.
25 * * *
26 SECTION 5. THIS ACT SHALL APPLY ONLY TO APPLICATIONS OR
27 APPEALS FILED AFTER THE EFFECTIVE DATE OF THIS ACT.
28 SECTION 6. THIS ACT SHALL TAKE EFFECT IN 90 DAYS.
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