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Senator Regola:  Local Government Bills signed into law

bills address supreme court decisions;
ease water & sewer connection requirements

Governor Rendell signed into law several bills previously approved by the Senate Local Government Committee, announced Senator Bob Regola (R-39), Committee Chairman.

House Bill 1329 and House Bill 1330 address two PA Supreme Court decisions that deal with challenges to local land use ordinances.  Prior to the decisions in Glen-Gery Corporation v. the Zoning Hearing Board of Dover Township and Luke v. Cataldi, aggrieved parties had 30 days to challenge a local land use ordinance.  In Glen-Gery, the Court allowed a quarry company to challenge two land use ordinances five (5) and seven (7) years after they were adopted -- since there was a technical flaw in how the municipality adopted the ordinances.

“The Court basically allowed anyone to challenge any ordinance no matter how long it was in effect, with taxpayers footing the legal bills,” said Sen. Regola.  “This legislation puts in place a process for challenging ordinances that is fair to the public and municipalities.”

The new law gives municipalities and landowners the opportunity to re-advertise an ordinance or land use decision if they believe that there might have been a problem with how the original ordinance was adopted or land use decision granted.  If no challenge is raised within 30 days after the second publication of the public notice, then no such claim could be raised.  The legislation also re-establishes the rule that all appeals of an ordinance be brought within 30 days.  Challenges after 30 days could only be heard if the aggrieved party’s Constitutional rights were violated, with these cases being taken directly to a Court of Common Pleas.

            House Bill 239 provides flexibility to townships and property owners when it comes to water system connections.  Prior to the legislation, second class townships could require landowners to connect to a water system if the property abutted the water system.  Under House Bill 239, township supervisors may only require property owners to use public water lines if the property’s primary building is within 150 feet of the water system.  The measure also extends from 60 days to 90 days the amount of time that residents have to pay a sewer connection.

“The new law also prevents townships from requiring property owners -- not currently required to connect to water systems -- to connect to a water system unless the home has no water supply that is safe for human consumption,” said Sen. Regola.

Examples of second-class townships in Westmoreland County are Allegheny, Bell, Cook, Derry, Donegal, East Huntingdon, Fairfield, Hempfield, Ligonier, Loyalhanna, Mount Pleasant, Saint Clair, Salem, Sewickley, South Huntingdon, Unity, Upper Burrell, and Washington.

The Senate also adopted Senate Resolution 363, which provides for a thorough study on the impact of tax-exempt properties on municipalities. 

“While communities cannot exist without churches, colleges, hospitals, schools, and government facilities, it is important that we examine ways in which to assist municipalities that have a large portion of their tax base that is tax-exempt,” said Sen. Regola.

The Resolution directs the non-partisan Legislative Budget and Finance Committee to provide lawmakers an in-depth understanding of problems and possible solutions ranging from the effectiveness of community development programs to the prospect of providing state financial assistance.  The report is due by November 30, 2008.

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Contact:  Nathan Silcox (717) 787-6063