Proposing an amendment to the Philadelphia Home Rule Charter to empower the City Planning Commission to extend the time period within which it must provide recommendations to Council on pending legislation affecting zoning, the City's physical development plan, land subdivision, or authorizing the purchase or sale of real estate, and providing for the submission of the amendment of the electors of Philadelphia.

WHEREAS, Under Section 6 of the First Class City Home Rule Act (53 P.S. §13106), an amendment to the Philadelphia Home Rule Charter may be proposed by a resolution of the Council of the City of Philadelphia adopted with the concurrence of two-thirds of its elected members; now, therefore,

RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA,

That the following amendment to the Philadelphia Home Rule Charter is hereby proposed and shall be submitted to the electors of the City on an election date designated by ordinance:

ARTICLE II LEGISLATIVE BRANCH

The Council – Its Election, Organization, Powers and Duties

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CHAPTER 3 LEGISLATION

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§2-307. Legislation Affecting Zoning, Physical Development Plan, Land Subdivision, or Authorizing the Purchase or Sale of Real Estate.

The Council shall not enact any bill which shall in any manner affect any zoning ordinance, the Physical Development Plan of the City, plans of streets and revisions of such plans, and land subdivision plans or any bill which would authorize the acquisition or sale of City real estate without first receiving the recommendation thereon through the Mayor of the City Planning Commission. The approval of the Commission shall be presumed unless its recommendations are received within forty-five days from the introduction of any bill affecting plans of streets and revisions of such plans, and land subdivision plans, and within thirty days from the introduction of any other bill subject to this section

, except that with respect to any particular bill, the Commission may at any time during such forty-five day or thirty day period, as the case may be, vote to extend its review period for up to an additional forty-five days, in which case the approval of the Commission shall be presumed unless its recommendation is received within such extended review period.

It shall be the duty of the chief clerk of the Council to submit any such bill to the City Planning Commission immediately upon its introduction.

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APPENDIX

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CHAPTER A-2

§A-200. Schedule.

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(8) The amendment to Section 2-307 of this Charter relating to the City Planning Commission’s review of legislation affecting zoning, the City’s physical development plan, land subdivision, or authorizing the purchase or sale of real estate shall take effect January 7, 2008.

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Note:

Bold underlining

indicates matter added by this amendment.

End