THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY STABACK, BENNINGHOFF, CALTAGIRONE, CARROLL, DAVIS, DENLINGER, FARRY, GRELL, GROVE, HARKINS, KAVULICH, KOTIK, KULA, LONGIETTI, MAHONEY, MURT, MYERS, O'NEILL, QUINN, READSHAW AND K. SMITH, MARCH 14, 2011

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 14, 2011  

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," in planning agencies, further providing for

appointment, term and vacancy of planning commission members

and for conduct of business of planning commission.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 203 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 subsection to read:

Section 203.  Appointment, Term and Vacancy.--* * *

(e)  The governing body may appoint by resolution at least

one but no more than three residents of the municipality to

serve as alternate members of the planning commission. The term

of office of an alternate member shall be four years. When

seated pursuant to the provisions of section 207, an alternate

shall be entitled to participate in all proceedings and

discussions of the commission to the same and full extent as

provided by law for commission members, including specifically

the right to cast a vote as a voting member during the

proceedings, and shall have all the powers and duties set forth

in this act and as otherwise provided by law. Alternates shall

not serve as a member of the zoning hearing board or as a zoning

officer. Any alternate may participate in any proceeding or

discussion of the commission but shall not be entitled to vote

as a member of the commission nor be reimbursed pursuant to

section 202 unless designated as a voting alternate member

pursuant to section 207.

Section 2.  Section 207 of the act, reenacted December 21,

1988 (P.L.1329, No.170), is amended to read:

Section 207.  Conduct of Business.--(a)  The commission shall

elect its own chairman and vice-chairman and create and fill

such other offices as it may determine. Officers shall serve

annual terms and may succeed themselves. The commission may make

and alter by laws and rules and regulations to govern its

procedures consistent with the ordinances of the municipality

and the laws of the Commonwealth. The commission shall keep a

full record of its business and shall annually make a written

report by March 1 of each year of its activities to the

governing body. Interim reports may be made as often as may be

necessary, or as requested by the governing body.

(b)  The chairman of the planning commission may designate

alternate members of the commission to substitute for any absent

member or member who has recused himself or has been

disqualified by the governing body, and if, by reason of

absence, recusal or disqualification of a member, a quorum is

not reached, the chairman of the commission shall designate as

many alternate members of the commission to sit on the

commission as may be needed to reach a quorum. Any alternate

member of the commission shall continue to serve on the

commission in all proceedings involving the matter or case for

which the alternate was initially appointed until the commission

has made a final decision on the matter or case. Designation of

an alternate pursuant to this section shall be made on a case-

by-case basis in rotation according to declining seniority among

all alternates.

Section 3.  This act shall take effect in 60 days.