When Process Fails, So Does the Law: A Lesson in Zoning Compliance
Written by Katelin Carter
When a township wants to change its zoning rules, it has to follow the right procedures from start to finish. In Bell v. Board of Supervisors of Perry Twp., the Commonwealth Court recently reminded municipalities that even small missteps can invalidate the whole law.
Perry Township had initially proposed removing warehousing and other industrial uses from two zoning districts. A draft version of the ordinance (called the “First Version”) was reviewed and advertised to the public. But after getting feedback, the Township revised the ordinance (“Second Version”) and passed that version instead, without sending it back to the planning commissions for review or updating the public notice.
That omission proved fatal. The landowners affected by the change challenged the ordinance within 30 days, as required under Pennsylvania law. The Commonwealth Court held that because the final version was never resubmitted for review, the Township failed to strictly comply with the Pennsylvania Municipalities Planning Code (MPC). As a result, the entire ordinance was declared void from the beginning, not just the sections that were changed.
The Court also rejected the Township’s argument that parts of the ordinance could be salvaged using a severability clause. A severability clause is meant to preserve the valid portions of a law if other parts are struck down. But here, the Court made clear that once a zoning ordinance is deemed procedurally invalid, because the Township failed to follow proper procedures when enacting it, the entire ordinance is void. There are no “valid” parts left to sever, because the ordinance never had legal effect to begin with.
Planning a Zoning Change? Make Sure You Get It Right.
At MPL Law Firm, we work closely with townships and property owners across Pennsylvania to ensure zoning changes are done correctly. If you’re drafting or challenging a land use ordinance, we can help you navigate the codes and avoid costly do-overs.