PRINTER'S NO. 2103
No. 1476 Session of 2002
INTRODUCED BY GERLACH, JUNE 18, 2002
REFERRED TO LOCAL GOVERNMENT, JUNE 18, 2002
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 jurisdiction.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Section 909.1(a)(2) of the act of July 31, 1968
24 (P.L.805, No.247), known as the Pennsylvania Municipalities
25 Planning Code, reenacted and amended December 21, 1988
26 (P.L.1329, No.170), is amended to read:
1 Section 909.1. Jurisdiction.--(a) The zoning hearing board
2 shall have exclusive jurisdiction to hear and render final
3 adjudications in the following matters:
4 * * *
5 (2) Challenges to the validity of a land use ordinance
6 [raising] or amendment which raises procedural questions or
7 alleged defects in the process of enactment [or adoption
8 which challenges] of the ordinance or amendment in question
9 shall be raised by an appeal taken within 30 days after the
10 effective date of [said] the ordinance[.] or amendment.
11 Unless otherwise specified in the ordinance or amendment, the
12 effective date shall be the sixth day following the day the
13 ordinance or amendment was voted upon and adopted, regardless
14 of any procedural defects in the enactment process. Any party
15 challenging the validity of an ordinance or amendment upon
16 grounds of procedural defects in the enactment process shall
17 be required to prove by a preponderance of the evidence that
18 actual, substantial harm to the challenging party was caused
19 by the procedural defect. Where the ordinance appealed from
20 is the initial zoning ordinance of the municipality and a
21 zoning hearing board has not been previously established, the
22 appeal raising procedural questions shall be taken directly
23 to court.
24 * * *
25 Section 2. This act shall take effect in 60 days.
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