Bill Text: PA SB334 | 2009-2010 | Regular Session | Introduced

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Bill Title: In appeals to court, further providing for intervention.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2009-02-20 - Referred to LOCAL GOVERNMENT [SB334 Detail]

Download: Pennsylvania-2009-SB334-Introduced.html

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PRINTER'S NO. 332
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 334 Session of2009
INTRODUCED BY McILHINNEY, ALLOWAY, MUSTO, WAUGH, M. WHITE AND SMUCKER, FEBRUARY 20, 2009
REFERRED TO LOCAL GOVERNMENT, FEBRUARY 20, 2009
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," in appeals to court, further providing for
intervention.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1004-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 1004-A. Intervention.--
(a) Within the 30 days first following the filing of a land
use appeal, if the appeal is from a board or agency of a
municipality, the municipality and any owner or tenant of
property directly involved in the action appealed from may
intervene as of course by filing a notice of intervention,
accompanied by proof of service of the same, upon each appellant
or each appellant's counsel of record.
(b) The zoning hearing board may not intervene or otherwise
become a party in a land use appeal.
(c) All other intervention shall be governed by the
Pennsylvania Rules of Civil Procedure.
Section 2. This act shall take effect in 60 days.
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