PRIOR PRINTER'S NO. 1410 PRINTER'S NO. 2123
No. 1219 Session of 2001
INTRODUCED BY VANCE, HERMAN, NICKOL, McNAUGHTON, CAWLEY,
M. BAKER, CALTAGIRONE, M. COHEN, CORRIGAN, CREIGHTON, DALLY,
DeLUCA, J. EVANS, FLICK, FORCIER, GABIG, GODSHALL, HARHAI,
HENNESSEY, HERSHEY, HUTCHINSON, LAUGHLIN, LEH, MACKERETH,
MANDERINO, MARSICO, McCALL, MELIO, R. MILLER, MUNDY, NAILOR,
ORIE, READSHAW, ROSS, RUBLEY, SATHER, SAYLOR, SCHULER,
SCRIMENTI, SOLOBAY, STABACK, STEELMAN, STERN, STURLA,
E. Z. TAYLOR, THOMAS, TIGUE, WALKO, WANSACZ, WOJNAROSKI,
YUDICHAK, COLAFELLA AND HORSEY, MARCH 29, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 6, 2001
AN ACT
1 Amending the act of July 31, 1968 (P.L.805, No.247), entitled,
2 as amended, "An act to empower cities of the second class A,
3 and third class, boroughs, incorporated towns, townships of
4 the first and second classes including those within a county
5 of the second class and counties of the second through eighth
6 classes, individually or jointly, to plan their development
7 and to govern the same by zoning, subdivision and land
8 development ordinances, planned residential development and
9 other ordinances, by official maps, by the reservation of
10 certain land for future public purpose and by the acquisition
11 of such land; to promote the conservation of energy through
12 the use of planning practices and to promote the effective
13 utilization of renewable energy sources; providing for the
14 establishment of planning commissions, planning departments,
15 planning committees and zoning hearing boards, authorizing
16 them to charge fees, make inspections and hold public
17 hearings; providing for mediation; providing for transferable
18 development rights; providing for appropriations, appeals to
19 courts and penalties for violations; and repealing acts and
20 parts of acts," further providing for PLANNING COMMISSION AND <--
21 FOR zoning ordinance amendments.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
1 Section 1. Section 609(b) of the act of July 31, 1968 <--
2 (P.L.805, No.247), known as the Pennsylvania Municipalities
3 Planning Code, reenacted and amended December 21, 1988
4 (P.L.1329, No.170) and amended May 27, 1994 (P.L.251, No.38), is
5 amended to read:
6 SECTION 1. SECTION 202 OF THE ACT OF JULY 31, 1968 (P.L.805, <--
7 NO.247), KNOWN AS THE PENNSYLVANIA MUNICIPALITIES PLANNING CODE,
8 REENACTED AND AMENDED DECEMBER 21, 1988 (P.L.1329, NO.170), IS
9 AMENDED TO READ:
10 SECTION 202. PLANNING COMMISSION.--IF THE GOVERNING BODY OF
11 ANY MUNICIPALITY SHALL ELECT TO CREATE A PLANNING COMMISSION,
12 SUCH COMMISSION SHALL HAVE NOT LESS THAN THREE NOR MORE THAN
13 NINE MEMBERS. [ALL MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT
14 COMPENSATION, BUT MAY BE REIMBURSED FOR NECESSARY AND REASONABLE
15 EXPENSES.] EXCEPT FOR ELECTED OR APPOINTED OFFICERS OR EMPLOYEES
16 OF THE MUNICIPALITY, MEMBERS OF THE COMMISSION MAY RECEIVE
17 COMPENSATION IN AN AMOUNT FIXED BY THE GOVERNING BODY.
18 COMPENSATION SHALL NOT EXCEED THE RATE OF COMPENSATION
19 AUTHORIZED TO BE PAID TO MEMBERS OF THE GOVERNING BODY. WITHOUT
20 EXCEPTION, MEMBERS OF THE PLANNING COMMISSION MAY BE REIMBURSED
21 FOR NECESSARY AND REASONABLE EXPENSES. HOWEVER, ELECTED OR
22 APPOINTED OFFICERS OR EMPLOYEES OF THE MUNICIPALITY SHALL NOT,
23 BY REASON OF MEMBERSHIP THEREON, FORFEIT THE RIGHT TO EXERCISE
24 THE POWERS, PERFORM THE DUTIES OR RECEIVE THE COMPENSATIONS OF
25 THE MUNICIPAL OFFICES HELD BY THEM DURING SUCH MEMBERSHIP.
26 SECTION 2. SECTION 609(B) OF THE ACT, AMENDED MAY 27, 1994
27 (P.L.251, NO.38), IS AMENDED TO READ:
28 Section 609. Enactment of Zoning Ordinance Amendments.--* *
29 *
30 (b) (1) Before voting on the enactment of an amendment, the
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1 governing body shall hold a public hearing thereon, pursuant
2 to public notice. In addition, if the proposed amendment
3 involves a zoning map change, notice of said public hearing
4 shall be conspicuously posted by the municipality at points
5 deemed sufficient by the municipality along the tract to
6 notify potentially interested citizens. The affected tract or
7 area shall be posted at least one week prior to the date of
8 the hearing.
9 (2) (i) In addition to the requirement that notice be
10 posted under clause (1), where the proposed amendment
11 involves a zoning map change, notice of the public
12 hearing shall be mailed by the municipality at least ten
13 days prior to the date of the hearing by first class mail
14 to owners of record of all real property located within
15 the area being rezoned and to owners of record of all
16 real property contiguous to the area being rezoned.
17 Notice under this clause shall be sent to owners of
18 record at their addresses of record. The notice shall
19 include the location, date and time of the public
20 hearing.
21 (ii) This clause shall not apply when the rezoning
22 constitutes a comprehensive rezoning.
23 * * *
24 Section 2 3. This act shall take effect in 60 days. <--
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