Bill Text: PA HB263 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for the content of zoning ordinances; and extending the time period necessary to implement certain provisions.

Spectrum: Bipartisan Bill

Status: (Passed) 2009-07-17 - Act No. 23 [HB263 Detail]

Download: Pennsylvania-2009-HB263-Introduced.html

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PRINTER'S NO. 268
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 263 Session of2009
INTRODUCED BY FREEMAN, ARGALL, CARROLL, BOYD, BRENNAN, CALTAGIRONE, CAUSER, COHEN, CUTLER, FABRIZIO, FRANKEL, GEIST, GINGRICH, GRUCELA, JOSEPHS, W. KELLER, KORTZ, LEVDANSKY, LONGIETTI, McILVAINE SMITH, MILLER, M. O'BRIEN, O'NEILL, READSHAW, ROSS, SAINATO, SIPTROTH, STABACK, SWANGER, VULAKOVICH, WALKO AND YUDICHAK, FEBRUARY 4, 2009
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 4, 2009
AN ACT
Amending the act of April 28, 1978 (P.L.87, No.41), entitled "An
act authorizing the Commonwealth of Pennsylvania, through the
Department of Conservation and Natural Resources, to enter
into such agreements and to acquire such interest as may be
necessary to establish, protect and maintain the Appalachian
Trail, and providing for the establishment, protection and
maintenance of such trail," further providing for the content
of zoning ordinances; and extending the time period necessary
to implement certain provisions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4 of the act of April 28, 1978 (P.L.87,
No.41), known as the Pennsylvania Appalachian Trail Act, amended
June 11, 2008 (P.L.176, No.24), is amended to read:
Section 4. Municipalities; powers and duties.
(a) A municipality, as defined in the Pennsylvania
Municipalities Planning Code, through which the Appalachian
Trail passes shall have the power and their duty shall be to
take such action consistent with applicable law, as at least an
interim measure, to preserve the natural, scenic, historic and
esthetic values of the trail and to conserve and maintain it as
a public natural resource. Such action shall include the
adoption, implementation and enforcement of [zoning ordinances
as the governing body deems necessary] a zoning ordinance the
content of which the governing body deems appropriate to
preserve those values. Such municipalities may act hereunder in
that section of the municipality through which the Appalachian
Trail passes without zoning the entire municipality as required
under section 605 of the Pennsylvania Municipalities Planning
Code.
(b) The Department of Community and Economic Development
shall assist municipalities in complying with the provisions of
this section by furnishing technical assistance relating to
zoning matters. The Department of Community and Economic
Development shall notify each municipality which is required to
comply with the provisions of subsection (e) within 30 days of
the effective date of this subsection.
(c) The Department of Conservation and Natural Resources
shall assist municipalities in the identification and
acquisition of property appropriate for a conservation easement
or other protection measures and provide information to
municipalities relating to protection measures such as
conservation easements and other techniques through its grant
programs, subject to availability of funding, eligibility and
the terms, rules, procedures and requirements thereof.
(d) Municipalities which have not adopted zoning ordinances
under subsection (a) as of the effective date of this subsection
shall receive priority for grant funding under the Land Use
Planning and Technical Assistance Program of the Department of
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Community and Economic Development.
(e) (1) Municipalities shall implement zoning ordinances
under subsection (a) within [one year of the effective date
of this subsection] two years of August 11, 2008.
(2) A municipality shall not be required to implement a
zoning ordinance under subsection (a) if, on [the effective
date of this subsection] August 11, 2008, all of the property
adjoining the Appalachian Trail in the municipality is:
(i) owned by the Department of Conservation and
Natural Resources; or
(ii) operated as a game preserve by a nonprofit,
nonstock corporation which is qualified as an exempt
organization under section 501(c) of the Internal Revenue
Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)).
(3) If title to property under paragraph (2) is
transferred or the use of such property changes, the
municipality shall implement a zoning ordinance under
subsection (a) within one year of the date the title to the
property is transferred or the use of the property changes.
Section 2. This act shall take effect immediately.
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