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 of the time and place of a public hearing and the
10particular nature of the matter to be considered at the hearing.

11* * *

12"Mailed notice," notice given by a municipality by first 
13class mail of the time and place of a public hearing and the 
14particular nature of the matter to be considered at the hearing.

15* * *

16Section 2. The act is amended by adding a section to read:

17Section 109. Notice.--In any case in which mailed notice or 
18electronic notice is required by this act, the following shall 
19apply:

<-20(1) An owner of a tract or parcel of land located within a
21municipality, or an owner of the mineral rights in a tract or
22parcel of land within a municipality, may request that the
23municipality provide written or electronic notice of a public
24hearing which may affect such tract or parcel of land.

25(1) (2) Mailed notice shall be required only if an <-affected 
26landowner or an owner of a mineral interest in land within a 
27municipality <-owner of a tract or parcel of land located within a 
28municipality, or an owner of the mineral rights in a tract or 
29parcel of land within the municipality has made a written 
30request that the notice be mailed and has supplied the
 

1municipality with a stamped, self-addressed envelope prior to a 
2public hearing.

<-3(2) (3) Electronic notice shall be required only if an
<-4affected landowner or an owner of a mineral interest in land
5within a municipality <-owner of a tract or parcel of land located
6within a municipality, or an owner of the mineral rights in a
7tract or parcel of land within the municipality has made a
8written request that notice be sent electronically and has
9supplied the municipality with an electronic address prior to a
10public hearing and only if that municipality maintains the
11capability of generating an electronic notice. An <-affected
12landowner or an owner of a mineral interest in land <-owner of a
13tract or parcel of land located within a municipality, or an
14owner of the mineral rights in a tract or parcel of land within
15the municipality making the request and supplying an electronic
16address may at any time notify the municipality that the
<-17affected landowner or the owner of a mineral interest in land
<-18owner of the tract or parcel of land located within the
19municipality, or the owner of the mineral rights in the tract or
20parcel of land within the municipality no longer will accept
21electronic notice, and in that event the municipality may no
22longer provide electronic notice.

<-23(3) An affected landowner or an owner of a mineral interest 
24in land <-(4) An owner of a tract or parcel of land located 
25within a municipality, or an owner of the mineral rights in a 
26tract or parcel of land within the municipality who has 
27requested a mailed notice shall be solely responsible for the 
28number, accuracy and sufficiency of the envelopes supplied. The 
29municipality shall not be responsible or liable if the <-affected 
30landowner or an owner of a mineral interest in land <-owner of a
 

1tract or parcel of land located within a municipality, or an 
2owner of the mineral rights in a tract or parcel of land within 
3the municipality does not provide to the municipality notice of 
4any changes in the owner's mailing address.

<-5(4) An affected landowner or an owner of a mineral interest
6in land <-(5) An owner of a tract or parcel of land located
7within a municipality, or an owner of the mineral rights in a
8tract or parcel of land within the municipality who has
9requested electronic notice shall be solely responsible for the
10accuracy and functioning of the electronic address provided to
11the municipality. The municipality shall not be responsible or
12liable if the <-affected landowner or an owner of a mineral
13interest in land <-owner of a tract or parcel of land located
14within a municipality, or an owner of the mineral rights in a
15tract or parcel of land within the municipality does not provide
16to the municipality notice of any changes to the owner's
17electronic address.

<-18(5) (6) A municipality shall deposit a mailed notice in the 
19United States mail or provide electronic notice not more than 30 
20and not less than seven days prior to the scheduled date of the 
21hearing as shown on the notice.

<-22(6) (7) For each public hearing, the municipal secretary or 
23zoning officer shall prepare, sign and maintain a list of all 
24mailed notices, mailing dates, electronic notices and electronic 
25notice dates. The signed list shall constitute a presumption 
26that the notice was given.

<-27(7) (8) The mailed notice shall be deemed received by an 
<-28affected landowner or an owner of a mineral interest in land 
<-29owner of a tract or parcel of land located within a 
30municipality, or an owner of the mineral rights in a tract or
 

1parcel of land within the municipality on the date deposited in 
2the United States mail.

<-3(8) (9) The electronic notice shall be deemed received by
4an <-affected landowner or an owner of a mineral interest in land
<-5owner of a tract or parcel of land located within a
6municipality, or an owner of the mineral rights in a tract or
7parcel of land within the municipality on the date the
8municipality electronically notifies the owner.

9(9) (10) Failure of an <-affected landowner or an owner of a 
10mineral interest in land <-owner of a tract or parcel of land 
11located within a municipality, or an owner of the mineral rights 
12in a tract or parcel of land within the municipality to receive 
13a requested mailed notice or electronic notice shall not be 
14deemed to invalidate any action or proceedings under this act.

15Section 3. Section 608 of the act, carried without amendment
16June 22, 2000 (P.L.495, No.68), is amended to read:

17Section 608. Enactment of Zoning Ordinance.--Before voting
18on the enactment of a zoning ordinance, the governing body shall
19hold a public hearing thereon, pursuant to public notice, and 
20pursuant to mailed notice and electronic notice to any <-affected 
21landowner or owner of a mineral interest in land <-owner of a 
22tract or parcel of land located within a municipality, or an 
23owner of the mineral rights in a tract or parcel of land within 
24the municipality who has made a timely request in accordance 
25with section 109. The vote on the enactment by the governing
26body shall be within 90 days after the last public hearing.
27Within 30 days after enactment, a copy of the zoning ordinance
28shall be forwarded to the county planning agency or, in counties
29where no planning agency exists, to the governing body of the
30county in which the municipality is located.

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

3Section 609. Enactment of Zoning Ordinance Amendments.--* *
4*

5(b) (1) Before voting on the enactment of an amendment, the
6governing body shall hold a public hearing thereon, pursuant
7to public notice, and pursuant to mailed notice and 
8electronic notice to <-an affected landowner or an owner of a 
9mineral interest in the affected land <-owner of a tract or 
10parcel of land located within a municipality, or an owner of 
11the mineral rights in a tract or parcel of land within the 
12municipality who has made a timely request in accordance with 
13section 109. In addition, if the proposed amendment involves
14a zoning map change, notice of said public hearing shall be
15conspicuously posted by the municipality at points deemed
16sufficient by the municipality along the tract to notify
17potentially interested citizens. The affected tract or area
18shall be posted at least one week prior to the date of the
19hearing.

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 5. This act shall take effect in 60 days.