February 5, 2008
Dear Members of the Senate Local Government Committee, On behalf of PennEnvironment’s, I’m writing to ask you to support the passage of house bills 1329 and 1330 out of tomorrow’s Senate Local Government committee. Introduced by state Representative David Kessler (Berks County), these two pieces of legislation would help township officials uphold their local zoning ordinances and protect from procedural challenges brought years after adoption of the ordinance.
Sadly, it has become more and more common for defects to be sought out in longstanding local ordinances—and then for parties to bring forth a legal challenge based upon procedural defects that may be found within the ordinance. Procedural defects can include such minor omissions as posting public notice signs every 310 feet instead of every 300 feet, for example.
To make matters worse, under current state law and recent court decisions, such challenges can be brought at any time after an ordinance is enacted—even when the municipalities have followed the letter of the law and the challenges are frivolous. HB1329 and 1330 would make it more difficult for parties to challenge ordinances based upon procedural defects two years or more after adoption of the ordinance.
Furthermore, the legislation would provide that proof of public reliance on an ordinance creates an irrefutable presumption that the ordinance was enacted properly.
Implementing local land use laws, ordinance, zoning and comprehensive plans can be quite complicated and time consuming. At the same time, local government officials are often volunteers or do this important civil service as secondary employment. They should know that the steps they take to implement land use decisions will be protected and withstand frivolous challenges due to simple mistakes and human error.
By passing HB1329 and 1330, we can help ensure that land use decisions made by local officials and residents will be upheld, and townships can be saved from expensive and ongoing litigation that arises from this type of procedural challenge based upon minor defects found in their local ordinances.
Thank you in advance for your consideration. As always, do not hesitate to contact me with any question you may have about this or other environmental issues either by phone (215-732-5897 or on my cell at 267-303-8292) or by email (DMasur@PennEnvironment.org). I look forward to continuing our work together to protect Pennsylvania’s environment.
Sincerely,
David Masur, Director
PennEnvironment
