Interpretation of Pa Mpc Section 609(C)
In Muhlenberg College v. Zoning Hearing Board of the City of Allentown, 760 A.2d 443 (Pa. Cmwlth. 2000), the Court reviewed Section 609(c) of the Pennsylvania Municipalities Planning Code (MPC).
Our Court found in pertinent part as follows:
Section 609(c) which is applicable in this case, specifically states that "the governing body shall submit each amendment to the planning agency at least 30 days prior to the hearing...."
Thus, it matters not whether 59-1997 and 74-1997 were substantially similar because unlike Section 609(d), Section 609(c) requires that each amendment be submitted to the planning agency, whether substantial changes have occurred to it or not. Id. 760 A.2d at 446.
Section 607(e) of the MPC is similar to Section 609(c), in that the language in 607(e) does not require a substantial change in the proposed ordinance before it must be submitted to the county planning agency.
Like 609(c) of the MPC, 607(e) requires that each amendment be submitted to the planning agency whether substantial changes have occurred to it or not.
Thus, upon submission of the revised proposed ordinance to the County Commission, the Board was required to wait the 45 days before holding the public hearing, as provided in the MPC.