THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY STEVENSON, BAKER, BROOKS, CARROLL, CAUSER, CLYMER, CREIGHTON, CUTLER, EVERETT, FABRIZIO, FAIRCHILD, FLECK, GINGRICH, GRUCELA, HALUSKA, HARKINS, M. KELLER, KOTIK, MILLARD, MILLER, MOUL, MUNDY, MUSTIO, PICKETT, REICHLEY, ROCK, ROHRER, STABACK, STERN, VULAKOVICH, WANSACZ, MAJOR, HENNESSEY, DALLY, BOBACK AND MURT, APRIL 23, 2009

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 23, 2009  

AN ACT

Amending the act of July 31, 1968 (P.L.805, No.247), entitled,

as amended, "An act to empower cities of the second class A,

and third class, boroughs, incorporated towns, townships of

the first and second classes including those within a county

of the second class and counties of the second through eighth

classes, individually or jointly, to plan their development

and to govern the same by zoning, subdivision and land

development ordinances, planned residential development and

other ordinances, by official maps, by the reservation of

certain land for future public purpose and by the acquisition

of such land; to promote the conservation of energy through

the use of planning practices and to promote the effective

utilization of renewable energy sources; providing for the

establishment of planning commissions, planning departments,

planning committees and zoning hearing boards, authorizing

them to charge fees, make inspections and hold public

hearings; providing for mediation; providing for transferable

development rights; providing for appropriations, appeals to

courts and penalties for violations; and repealing acts and

parts of acts," further providing for definitions; and

providing for mailed notice in certain proceedings.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 107(a) of the act of July 31, 1968

(P.L.805, No.247), known as the Pennsylvania Municipalities

Planning Code, reenacted and amended December 21, 1988

(P.L.1329, No.170), is amended by adding a definition to read:

Section 107.  Definitions.--(a)  The following words and

phrases when used in this act shall have the meanings given to

them in this subsection unless the context clearly indicates

otherwise:

* * *

"Mailed notice," notice given by a municipality by first

class mail to a landowner or an owner of a mineral interest in

land of the time and place of a public hearing and the

particular nature of the matter to be considered at the hearing.

* * *

Section 2.  The act is amended by adding a section to read:

Section 109.  Mailed Notice.--In any case in which mailed

notice is required by this act, the following shall apply:

(1)  The mailed notice shall be required only if a landowner

or an owner of a mineral interest in land within a municipality

has made a request that the notice be mailed and has supplied

the municipality with a stamped, self-addressed envelope prior

to the public hearing.

(2)  A landowner or an owner of a mineral interest in land

who has requested a mailed notice shall be solely responsible

for the number, accuracy and sufficiency of the envelopes

supplied.

(3)  A municipality shall deposit a mailed notice in the

United States mail not more than 30 and not less than seven days

prior to the scheduled date of the hearing as shown on the

notice.

(4)  For each public hearing for which a mailed notice has

been requested, the municipal secretary or other person

designated by the municipal governing body shall prepare, sign

and maintain a list of all mailed notices and the mailing dates.

The signed list shall constitute a presumption that the mailed

notice was given.

(5)  The mailed notice shall be deemed received by a

landowner or an owner of a mineral interest in land on the date

deposited in the United States mail.

(6)  Failure of a landowner or an owner of a mineral interest

in land to receive a requested mailed notice shall not be deemed

to invalidate any action or proceedings under this act.

Section 3.  Section 302(b) of the act, amended June 22, 2000

(P.L.495, No.68), is amended to read:

Section 302.  Adoption of Municipal, Multimunicipal and

County Comprehensive Plans and Plan Amendments.--* * *

(b)  The governing body shall hold at least one public

hearing pursuant to public notice and mailed notice. If, after

the public hearing held upon the proposed plan or amendment to

the plan, the proposed plan or proposed amendment thereto is

substantially revised, the governing body shall hold another

public hearing, pursuant to public notice and mailed notice,

before proceeding to vote on the plan or amendment thereto.

* * *

Section 4.  Sections 402(b), 504(a) and 505(a) of the act are

amended to read:

Section 402.  Adoption of the Official Map and Amendments

Thereto.--* * *

(b)  The county and adjacent municipalities may offer

comments and recommendations during said 45-day review period in

accordance with section 408. Local authorities, park boards,

environmental boards and similar public bodies may also offer

comments and recommendations to the governing body or planning

agency if requested by same during said 45-day review period.

Before voting on the enactment of the proposed ordinance and

official map, or part thereof or amendment thereto, the

governing body shall hold a public hearing pursuant to public

notice and mailed notice.

* * *

Section 504.  Enactment of Subdivision and Land Development

Ordinance.--(a)  Before voting on the enactment of a proposed

subdivision and land development ordinance, the governing body

shall hold a public hearing thereon pursuant to public notice

and mailed notice. A brief summary setting forth the principal

provisions of the proposed ordinance and a reference to the

place within the municipality where copies of the proposed

ordinance may be secured or examined shall be incorporated in

the public notice and the mailed notice. Unless the proposed

subdivision and land development ordinance shall have been

prepared by the planning agency, the governing body shall submit

the ordinance to the planning agency at least 45 days prior to

the hearing on such ordinance to provide the planning agency an

opportunity to submit recommendations. If a county planning

agency shall have been created for the county in which the

municipality adopting the ordinance is located, then, at least

45 days prior to the public hearing on the ordinance, the

municipality shall submit the proposed ordinance to said county

planning agency for recommendations.

* * *

Section 505.  Enactment of Subdivision and Land Development

Ordinance Amendment.--(a)  Amendments to the subdivision and

land development ordinance shall become effective only after a

public hearing held pursuant to public notice and mailed notice 

in the manner prescribed for enactment of a proposed ordinance

by this article. In addition, in case of an amendment other than

that prepared by the planning agency, the governing body shall

submit each such amendment to the planning agency for

recommendations at least 30 days prior to the date fixed for the

public hearing on such proposed amendment. If a county planning

agency shall have been created for the county in which the

municipality proposing the amendment is located, then, at least

30 days prior to the hearing on the amendment, the municipality

shall submit the proposed amendment to said county planning

agency for recommendations.

* * *

Section 5.  Section 608 of the act, carried without amendment

June 22, 2000 (P.L.495, No.68), is amended to read:

Section 608.  Enactment of Zoning Ordinance.--Before voting

on the enactment of a zoning ordinance, the governing body shall

hold a public hearing thereon, pursuant to public notice and

mailed notice. The vote on the enactment by the governing body

shall be within 90 days after the last public hearing. Within 30

days after enactment, a copy of the zoning ordinance shall be

forwarded to the county planning agency or, in counties where no

planning agency exists, to the governing body of the county in

which the municipality is located.

Section 6.  Section 609(b)(1) and (d) of the act, amended

January 11, 2002 (P.L.13, No.2), are amended to read:

Section 609.  Enactment of Zoning Ordinance Amendments.--* * *

(b)  (1)  Before voting on the enactment of an amendment, the

governing body shall hold a public hearing thereon, pursuant to

public notice and mailed notice. In addition, if the proposed

amendment involves a zoning map change, notice of said public

hearing shall be conspicuously posted by the municipality at

points deemed sufficient by the municipality along the tract to

notify potentially interested citizens. The affected tract or

area shall be posted at least one week prior to the date of the

hearing.

* * *

(d)  If, after any public hearing held upon an amendment, the

proposed amendment is changed substantially, or is revised, to

include land previously not affected by it, the governing body

shall hold another public hearing, pursuant to public notice and

mailed notice, before proceeding to vote on the amendment.

* * *

Section 7.  This act shall take effect in 60 days.