The Pennsylvania Bar Association Quarterly
A publication of the Pennsylvania Bar Association
Since its enactment in 1968, the Pennsylvania Municipalities Planning Code has provided the legislative foundation for zoning and subdivision/land development ordinances in the 2,500+ municipalities within the Commonwealth. Local governments enact zoning ordinances, zoning maps, and subdivision/land development ordinances. Land use and municipal law practitioners must navigate through this complex regulatory landscape.
In doing so, practitioners encounter gaps and conflicts in substantive and procedural aspects of land use applications. This article identifies a number of zoning anomalies created by everyday encounters in both zoning and subdivision/land development matters. These include the interplay of the MPC with the Sunshine Act and such issues as the role of the public, notice requirements, what constitutes a land use decision, and more.