Pennsylvania Act 1998-97 — PENNSYLVANIA MUNICIPALITIES PLANNING CODE - AMEND

Act text

Session of 1998

No. 1998-97

HB 591

AN ACT

Amending the act of July 31, 1968 (P.L.805, No.247), entitled, as amended, "An act to empower cities of the second class A, and third class, boroughs, incorporated towns, townships of the first and second classes including those within a county of the second class and counties of the second through eighth classes, individually or jointly, to plan their development and to govern the same by zoning, subdivision and land development ordinances, planned residential development and other ordinances, by official maps, by the reservation of certain land for future public purpose and by the acquisition of such land; to promote the conservation of energy through the use of planning practices and to promote the effective utilization of renewable energy sources; providing for the establishment of planning commissions, planning departments, planning committees and zoning hearing boards, authorizing them to charge fees, make inspections and hold public hearings; providing for mediation; providing for transferable development rights; providing for appropriations, appeals to courts and penalties for violations; and repealing acts and parts of acts," further providing for the procedure for joint municipal curative amendments.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 812-A of the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, reenacted and amended December 21, 1988 (P.L.1329, No.170), is amended to read:

Section 812-A. Procedure for Joint Municipal Curative Amendments.-- (a) The governing bodies of all the participating municipalities may declare the joint municipal zoning ordinance or portions thereof substantially invalid and prepare a municipal curative amendment pursuant to section 609.2.

(b) The provisions of section 609.2(4) shall apply to all municipalities participating in the joint municipal zoning ordinance.

(c) (1) In the case of a joint municipal curative amendment involving two or three municipalities, the municipalities shall have nine months from the date of declaration of partial or total invalidity to enact a curative amendment.

(2) Subject to the limitation contained in clause (3), where there are more than three municipality parties, the nine-month period shall be extended one additional month for each municipality in excess of three that is a party to the joint municipal zoning ordinance.

(3) Notwithstanding the additional periods provided for in clause (2), a curative amendment shall be enacted by the parties to a joint municipal zoning ordinance not later than one year from the date of declaration of partial or total invalidity.

Section 2. This act shall take effect in 60 days.

APPROVED--The 16th day of October, A. D. 1998.

THOMAS J. RIDGE