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Pennsylvania Municipalities
Planning Code
Quick Guide
Joint Municipal Zoning (Article VIII-A)
| Powers
801-A |
- Two or more municipalities may cooperate to enact, amend, or repeal a joint municipal zoning ordinance
- Must be based on a joint municipal comprehensive plan
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| Relation to county or municipal zoning
802-A |
- Enactment by a municipality of a joint municipal ordinance acts as a repeal of a county or municipal zoning ordinance within that municipality
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| Joint municipal zoning generally follows provisions for municipal zoning in Article VI
802-A, 803-A, 804-A, 805-A, 806-A, 807-A, 808-A, 809-A, 813-A, 814-A, 815-A, 816-A, 817-A, 818-A, 819-A, 820-A |
- Joint municipal zoning ordinances follow provisions for municipal zoning in Article VI except as follows:
- Classifications – No area of a municipality in a joint ordinance may be unzoned
- Community development objectives – Every joint ordinance shall contain a statement of community development objectives, shall be based on the joint comprehensive plan, and shall:
- Relate to the entire area covered by the ordinance
- Identify objectives of each municipality and how they relate to the entire area
- Include the basis for the geographic delineation of the area which the ordinance regulates
- Preparation – A joint municipal planning commission shall prepare the ordinance directed by the governing bodies and shall hold the required public meeting
- Enactment – Each municipality must enact the ordinance and no municipality may withdraw or repeal within 2-3 years of enactment
- Amendments – An amendment must also be submitted to the joint municipal planning commission for 30-day review, governing bodies must submit recommendations, and the amendment must be adopted by each municipality
- Administration – The governing bodies may create a joint zoning hearing board, and the ordinance must specify if there will be a zoning officer in each municipality or a single joint zoning officer
- Enforcement – Enforcement remedies may be taken by one municipality against another
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| Curative amendments and validity challenges
810-A, 811-A, 812-A |
- A landowner curative amendment is filed following requirements in Section 609.1 with the municipality in which the landowner’s property is located, provided that:
- The challenge is directed to the validity of the entire area of the joint municipal zoning ordinance, with such due consideration also given by the court
- A curative amendment may not be enacted without approval of all participating municipalities
- The governing bodies of all participating municipalities may declare the joint ordinance invalid and prepare a municipal curative amendment following Section 609.2, provided that:
- The 36-month limitation on new municipal curative amendments applies to all municipalities
- Where there are 2-3 participating municipalities, they shall have 9 months rather than 6 specified in 609.2(3) to enact the curative amendment; where there are more than 3 municipalities, the 9-month period shall be extended an additional month for each additional municipality; however, notwithstanding the previous extensions, a municipal curative amendment shall be enacted by the municipalities party to the joint ordinance within one year from the declaration of invalidity
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