Legislative Update in Pennsylvania

April 2011Newsletters In the Zone
  • House Bill No. 1047 proposes to amend the Pennsylvania Municipalities Planning Code (MPC) by providing a governing body with the authority to appoint by resolution at least one but no more than three residents of the municipality to serve as alternate members to the planning commission. The proposal also grants the chairman of the planning commission authority to designate alternate members of the commission to substitute for any absent member or any member who has recused him or herself or has been disqualified by the governing body.
  • House Bill No. 823 proposes to amend the MPC by adding a Section 508.1, which would require a municipality to notify in writing, on a monthly basis, the superintendent of a school district in which a plan for a residential development was finally approved by the municipality during the preceding month. The notice to the superintendent would be required to include the location of the development, the number and types of units to be included and the expected construction schedule. The proposal also would add a Section 711 to the MPC, which would impose a requirement similar to the aforementioned notice requirement on a municipality when a planned residential development is finally approved by the municipality during the preceding month.
  • House Bill No. 784 proposes to add significant language to the MPC in conjunction with validity challenges filed pursuant to Section 916.1 of the MPC. The proposed changes would require all challenges submitted to either the governing body or zoning hearing board to include detailed information addressing, among other things, infrastructure required by the proposal and a description and quantification of the identified need for the use and/or housing types specified in the proposed remedy to the challenged ordinance. The proposal also adds procedural steps for certain challenges as well as time limitations following a successful challenge.
  • Senate Bill No. 838 proposes to amend the MPC by changing Section 1004-A to read: “(b) The zoning hearing board may not intervene or otherwise become a party in a land use appeal.”

For more information, please contact David H. Comer at 610.397.7963 or [email protected].