1Amending the act of July 31, 1968 (P.L.805, No.247), entitled,
2as amended, "An act to empower cities of the second class A,
3and third class, boroughs, incorporated towns, townships of
4the first and second classes including those within a county
5of the second class and counties of the second through eighth
6classes, individually or jointly, to plan their development
7and to govern the same by zoning, subdivision and land
8development ordinances, planned residential development and
9other ordinances, by official maps, by the reservation of
10certain land for future public purpose and by the acquisition
11of such land; to promote the conservation of energy through
12the use of planning practices and to promote the effective
13utilization of renewable energy sources; providing for the
14establishment of planning commissions, planning departments,
15planning committees and zoning hearing boards, authorizing
16them to charge fees, make inspections and hold public
17hearings; providing for mediation; providing for transferable
18development rights; providing for appropriations, appeals to
19courts and penalties for violations; and repealing acts and
20parts of acts," further providing for definitions; and
21providing for mailed notice in certain proceedings.

22The General Assembly of the Commonwealth of Pennsylvania
23hereby enacts as follows:

24Section 1. Section 107(a) of the act of July 31, 1968 
25(P.L.805, No.247), known as the Pennsylvania Municipalities

1Planning Code, reenacted and amended December 21, 1988 
2(P.L.1329, No.170), is amended by adding definitions to read:

3Section 107. Definitions.--(a) The following words and
4phrases when used in this act shall have the meanings given to
5them in this subsection unless the context clearly indicates
6otherwise:

7* * *

8"Electronic notice," notice given by a municipality through
9the Internet <-to a landowner or an owner of a mineral interest in
10land of the time and place of a public hearing and the
11particular nature of the matter to be considered at the hearing.

12* * *

13"Mailed notice," notice given by a municipality by first 
14class mail <-to a landowner or an owner of a mineral interest in 
15land of the time and place of a public hearing and the 
16particular nature of the matter to be considered at the hearing.

17* * *

18Section 2. The act is amended by adding a section to read:

19Section 109. Notice.--In any case in which mailed notice or 
20electronic notice is required by this act, the following shall 
21apply:

22(1) Mailed notice shall be required only if <-a an affected 
23landowner or an owner of a mineral interest in land within a 
24municipality has made a <-written request that the notice be 
25mailed and has supplied the municipality with a stamped, self-
26addressed envelope prior to <-the a public hearing.

27(2) Electronic notice shall be required only if <-a an
28affected landowner or an owner of a mineral interest in land
29within a municipality has made a <-written request that notice be
30sent electronically and has supplied the municipality with an

1electronic address prior to <-the a public hearing and only if
2that municipality maintains the capability of generating an
3electronic notice. <-A An affected landowner or an owner of a
4mineral interest in land making the request and supplying an
5electronic address may at any time notify the municipality that
6the <-affected landowner or the owner of a mineral interest in
7land no longer will accept electronic notice, and in that event
8the municipality may no longer provide electronic notice.

9(3) <-A An affected landowner or an owner of a mineral 
10interest in land who has requested a mailed notice shall be 
11solely responsible for the number, accuracy and sufficiency of 
12the envelopes supplied. The municipality shall not be 
13responsible or liable if the <-affected landowner or an owner of a 
14mineral interest in land does not provide to the municipality 
15notice of any changes in the owner's mailing address.

16(4) <-A An affected landowner or an owner of a mineral
17interest in land who has requested electronic notice shall be
18solely responsible for the accuracy and functioning of the
19electronic address provided to the municipality. The
20municipality shall not be responsible or liable if the <-affected
21landowner or an owner of a mineral interest in land does not
22provide to the municipality notice of any changes to the owner's
23electronic address.

24(5) A municipality shall deposit a mailed notice in the 
25United States mail or provide electronic notice not more than 30 
26and not less than seven days prior to the scheduled date of the 
27hearing as shown on the notice.

28(6) For each public hearing <-for which a mailed notice or 
29electronic notice has been requested, the municipal secretary or 
<-30other person designated by the municipal governing body zoning 

1officer shall prepare, sign and maintain a list of all mailed 
2notices, mailing dates, electronic notices and electronic notice 
3dates. The signed list shall constitute a presumption that the 
4notice was given.

5(7) The mailed notice shall be deemed received by <-a an 
6affected landowner or an owner of a mineral interest in land on 
7the date deposited in the United States mail.

8(8) The electronic notice shall be deemed received by <-a an
9affected landowner or an owner of a mineral interest in land on
10the date the municipality electronically notifies the owner.

11(9) Failure of <-a an affected landowner or an owner of a 
12mineral interest in land to receive a requested mailed notice or 
13electronic notice shall not be deemed to invalidate any action 
14or proceedings under this act.

<-15Section 3. Section 302(b) of the act, amended June 22, 2000 
16(P.L.495, No.68), is amended to read:

17Section 302. Adoption of Municipal, Multimunicipal and
18County Comprehensive Plans and Plan Amendments.--* * *

19(b) The governing body shall hold at least one public
20hearing pursuant to public notice, mailed notice and electronic
21notice. If, after the public hearing held upon the proposed plan
22or amendment to the plan, the proposed plan or proposed
23amendment thereto is substantially revised, the governing body
24shall hold another public hearing, pursuant to public notice,
25mailed notice and electronic notice, before proceeding to vote
26on the plan or amendment thereto.

27* * *

28Section 4. Sections 402(b), 504(a) and 505(a) of the act are
29amended to read:

30Section 402. Adoption of the Official Map and Amendments

1Thereto.--* * *

2(b) The county and adjacent municipalities may offer
3comments and recommendations during said 45-day review period in
4accordance with section 408. Local authorities, park boards,
5environmental boards and similar public bodies may also offer
6comments and recommendations to the governing body or planning
7agency if requested by same during said 45-day review period.
8Before voting on the enactment of the proposed ordinance and
9official map, or part thereof or amendment thereto, the
10governing body shall hold a public hearing pursuant to public
11notice, mailed notice and electronic notice.

12* * *

13Section 504. Enactment of Subdivision and Land Development
14Ordinance.--(a) Before voting on the enactment of a proposed
15subdivision and land development ordinance, the governing body
16shall hold a public hearing thereon pursuant to public notice,
17mailed notice and electronic notice. A brief summary setting
18forth the principal provisions of the proposed ordinance and a
19reference to the place within the municipality where copies of
20the proposed ordinance may be secured or examined shall be
21incorporated in the public notice, mailed notice and electronic
22notice. Unless the proposed subdivision and land development
23ordinance shall have been prepared by the planning agency, the
24governing body shall submit the ordinance to the planning agency
25at least 45 days prior to the hearing on such ordinance to
26provide the planning agency an opportunity to submit
27recommendations. If a county planning agency shall have been
28created for the county in which the municipality adopting the
29ordinance is located, then, at least 45 days prior to the public
30hearing on the ordinance, the municipality shall submit the

1proposed ordinance to said county planning agency for
2recommendations.

3* * *

4Section 505. Enactment of Subdivision and Land Development
5Ordinance Amendment.--(a) Amendments to the subdivision and
6land development ordinance shall become effective only after a
7public hearing held pursuant to public notice, mailed notice and
8electronic notice in the manner prescribed for enactment of a
9proposed ordinance by this article. In addition, in case of an
10amendment other than that prepared by the planning agency, the
11governing body shall submit each such amendment to the planning
12agency for recommendations at least 30 days prior to the date
13fixed for the public hearing on such proposed amendment. If a
14county planning agency shall have been created for the county in
15which the municipality proposing the amendment is located, then,
16at least 30 days prior to the hearing on the amendment, the
17municipality shall submit the proposed amendment to said county
18planning agency for recommendations.

19* * *

20Section <-5 3. Section 608 of the act, carried without
21amendment June 22, 2000 (P.L.495, No.68), is amended to read:

22Section 608. Enactment of Zoning Ordinance.--Before voting
23on the enactment of a zoning ordinance, the governing body shall
24hold a public hearing thereon, pursuant to public notice, <-and 
25pursuant to mailed notice and electronic notice <-to any affected 
26landowner or owner of a mineral interest in land who has made a 
27timely request in accordance with section 109. The vote on the
28enactment by the governing body shall be within 90 days after
29the last public hearing. Within 30 days after enactment, a copy
30of the zoning ordinance shall be forwarded to the county

1planning agency or, in counties where no planning agency exists,
2to the governing body of the county in which the municipality is
3located.

4Section <-6 4. Section 609(b)(1) and (d) of the act, amended
5January 11, 2002 (P.L.13, No.2), are amended to read:

6Section 609. Enactment of Zoning Ordinance Amendments.--* *
7*

8(b) (1) Before voting on the enactment of an amendment, the
9governing body shall hold a public hearing thereon, pursuant
10to public notice, <-and pursuant to mailed notice and 
11electronic notice <-to an affected landowner or an owner of a 
12mineral interest in the affected land who has made a timely 
13request in accordance with section 109. In addition, if the
14proposed amendment involves a zoning map change, notice of
15said public hearing shall be conspicuously posted by the
16municipality at points deemed sufficient by the municipality
17along the tract to notify potentially interested citizens.
18The affected tract or area shall be posted at least one week
19prior to the date of the hearing.

20* * *

21(d) If, after any public hearing held upon an amendment, the
22proposed amendment is changed substantially, or is revised, to
23include land previously not affected by it, the governing body
24shall hold another public hearing, pursuant to public notice, 
25mailed notice and electronic notice, before proceeding to vote
26on the amendment.

27* * *

28Section <-7 5. This act shall take effect in 60 days.