§ 3305. Commission.
(a) Advisory opinions to municipalities.--
(1) A municipality may, prior to the enactment of a local ordinance, in writing, request
the commission to review a proposed local ordinance to issue an opinion on whether
it violates the MPC, this chapter or Chapter 32 (relating to development).
(2) Within 120 days of receiving a request under paragraph (1), the commission shall,
in writing, advise the municipality whether or not the local ordinance violates the
MPC, this chapter or Chapter 32.
(3) An opinion under this subsection shall be advisory in nature and not subject to appeal.
(b) Orders.--
(1) An owner or operator of an oil or gas operation, or a person residing within the geographic
boundaries of a local government, who is aggrieved by the enactment or enforcement
of a local ordinance may request the commission to review the local ordinance of that
local government to determine whether it violates the MPC, this chapter or Chapter
32.
(2) Participation in the review by the commission shall be limited to parties specified
in paragraph (1) and the municipality which enacted the local ordinance.
(3) Within 120 days of receiving a request under this subsection, the commission shall
issue an order to determine whether the local ordinance violates the MPC, this chapter
or Chapter 32.
(4) An order under this subsection shall be subject to de novo review by Commonwealth
Court. A petition for review must be filed within 30 days of the date of service of
the commission's order. The order of the commission shall be made part of the record
before the court.
(c) Exemptions.--An opinion under subsection (a) and an order under subsection (b) shall not be subject
to:
(1) 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies);
(2) 65 Pa.C.S. Ch. 7 (relating to open meetings); or
(3) 66 Pa.C.S. Ch. 3 Subch. B (relating to investigations and hearings).
(d) Authority.--The commission has the following powers to carry out this chapter:
(1) Employ individuals.
(2) Issue orders.
(3) Promulgate regulations.
(4) Until January 1, 2013, promulgate temporary regulations. Regulations under this paragraph:
(i) shall expire no later than two years following the effective date of this section;
and
(ii) are exempt from:
(A) sections 201, 202 and 203 of the act of July 31, 1968 (P.L.769, No.240), referred
to as the Commonwealth Documents Law; and
(B) the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
Cross References. Section 3305 is referred to in section 3306 of this title.
Notes of Decisions
Robinson Twp. v. Commonwealth, 83 A.3d 901 (Pa. 2013).
· cites it 3× “58 Pa.C.S. § 3305(b). The Commonwealth Court sustained the Commonwealth’s preliminary objections to the citizens’ challenge to Section 3305(b), holding that this provision did not violate the separation of powers doctrine because the judiciary retains ultimate power to review…”
Robinson Twp. v. Commonwealth, 52 A.3d 463 (Pa. Commw. Ct. 2012).
· cites it 7× “§ 3305(a) violates the doctrine of Separation of Powers because it only confers authority on the Public Utility Commission to issue non-binding advisory opinions regarding the compliance of a local zoning ordinances with the requirements of Act 13. The Commonwealth also denies…”
Robinson Twp. v. Commonwealth, 96 A.3d 1104 (Pa. Commw. Ct. 2014).
· cites it 9× “§ 3302, which is a substantive provision dealing with preemption of the MPC and Flood Plain Management Act; and the second is the continued viability of 58 Pa.C.S. §§ 3305 through 3309, which vests in the PUC and this Court jurisdiction over the determination of whether local…”
Robinson Twp. v. Commonwealth, 147 A.3d 536 (Pa. 2016).
“” 58 Pa.C.S. § 3305. Section 3306 additionally allows “any person who is aggrieved by the enactment or enforcement of a local ordinance that violates the MPC, [Chapter 33] or Chapter 32” to bring “an action in Commonwealth Court to invalidate the ordinance or enjoin its…”
— 58 Pa. Cons. Stat. § 3305(a) — 1 case
Robinson Twp. v. Commonwealth, 52 A.3d 463 (Pa. Commw. Ct. 2012).
“§ 3305(a) violates the doctrine of Separation of Powers because it only confers authority on the Public Utility Commission to issue non-binding advisory opinions regarding the compliance of a local zoning ordinances with the requirements of Act 13. The Commonwealth also denies…”
— 58 Pa. Cons. Stat. § 3305(a)(1) — 1 case
Robinson Twp. v. Commonwealth, 96 A.3d 1104 (Pa. Commw. Ct. 2014).
“§ 3302, which is a substantive provision dealing with preemption of the MPC and Flood Plain Management Act; and the second is the continued viability of 58 Pa.C.S. §§ 3305 through 3309, which vests in the PUC and this Court jurisdiction over the determination of whether local…”
— 58 Pa. Cons. Stat. § 3305(b) — 2 cases
Robinson Twp. v. Commonwealth, 83 A.3d 901 (Pa. 2013).
“58 Pa.C.S. § 3305(b). The Commonwealth Court sustained the Commonwealth’s preliminary objections to the citizens’ challenge to Section 3305(b), holding that this provision did not violate the separation of powers doctrine because the judiciary retains ultimate power to review…”
Robinson Twp. v. Commonwealth, 52 A.3d 463 (Pa. Commw. Ct. 2012).
“§ 3305(a) violates the doctrine of Separation of Powers because it only confers authority on the Public Utility Commission to issue non-binding advisory opinions regarding the compliance of a local zoning ordinances with the requirements of Act 13. The Commonwealth also denies…”
— 58 Pa. Cons. Stat. § 3305(b)(1) — 1 case
Robinson Twp. v. Commonwealth, 96 A.3d 1104 (Pa. Commw. Ct. 2014).
“§ 3302, which is a substantive provision dealing with preemption of the MPC and Flood Plain Management Act; and the second is the continued viability of 58 Pa.C.S. §§ 3305 through 3309, which vests in the PUC and this Court jurisdiction over the determination of whether local…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.