PRIOR PRINTER'S NO. 1809

PRINTER'S NO.  3209

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1484

Session of

2011

  

  

INTRODUCED BY STEVENSON, BAKER, CALTAGIRONE, CARROLL, CAUSER, CLYMER, CREIGHTON, CUTLER, EVERETT, FLECK, GEIST, GIBBONS, GILLEN, GINGRICH, GODSHALL, GRELL, HALUSKA, HARHART, HARKINS, HORNAMAN, M. K. KELLER, KOTIK, KRIEGER, MAJOR, MILLARD, MILLER, MOUL, MUNDY, MURT, MUSTIO, PICKETT, RAPP, READSHAW, REICHLEY, SONNEY, STERN, VULAKOVICH AND FARRY, MAY 9, 2011

  

  

AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 13, 2012   

  

  

  

AN ACT

  

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

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

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and third class, boroughs, incorporated towns, townships of

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the first and second classes including those within a county

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of the second class and counties of the second through eighth

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classes, individually or jointly, to plan their development

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and to govern the same by zoning, subdivision and land

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development ordinances, planned residential development and

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other ordinances, by official maps, by the reservation of

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certain land for future public purpose and by the acquisition

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of such land; to promote the conservation of energy through

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the use of planning practices and to promote the effective

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utilization of renewable energy sources; providing for the

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establishment of planning commissions, planning departments,

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planning committees and zoning hearing boards, authorizing

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them to charge fees, make inspections and hold public

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hearings; providing for mediation; providing for transferable

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development rights; providing for appropriations, appeals to

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courts and penalties for violations; and repealing acts and

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parts of acts," further providing for definitions; and

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providing for mailed notice in certain proceedings.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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

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

 


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Planning Code, reenacted and amended December 21, 1988

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

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definitions to read:

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

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

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them in this subsection unless the context clearly indicates

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otherwise:

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* * *

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"Electronic notice," notice given by a municipality through

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the Internet to a landowner or an owner of a mineral interest in

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

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

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* * *

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

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

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

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

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* * *

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

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

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notice or electronic notice is required by this act, the

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following shall apply:

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

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

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municipality has made a request that the notice be mailed and

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has supplied the municipality with a stamped, self-addressed

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envelope prior to the public hearing.

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(2)  Electronic notice shall be required only if a landowner

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

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has made a request that notice be sent electronically and has

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supplied the municipality with an electronic address prior to

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the public hearing and only if that municipality maintains the

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capability of generating an electronic notice. Landowners or an

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owner of a mineral interest in land making such a request and

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supplying an electronic address may at any time notify the

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municipality that they no longer will accept electronic notice,

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such that the municipality may no longer provide electronic

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notice.

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

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land who has requested a mailed notice shall be solely

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responsible for the number, accuracy and sufficiency of the

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envelopes supplied. The municipality shall not be responsible or

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liable if the landowner or an owner of a mineral interest in

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land does not provide to the municipality notice of any changes

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in the owner's mailing address.

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

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who has requested electronic notice shall be solely responsible

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for the accuracy and functioning of the electronic address

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provided to the municipality. The municipality shall not be

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responsible or liable if the landowner or an owner of a mineral

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interest in land does not provide to the municipality notice of

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any changes to the owner's electronic address.

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

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United States mail or provide electronic notice not more than 30

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and not less than seven days prior to the scheduled date of the

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hearing as shown on the notice.

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

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electronic notice has been requested, the municipal secretary or

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other person designated by the municipal governing body shall

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prepare, sign and maintain a list of all mailed notices and the

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mailing dates, mailing dates, electronic notices and electronic

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notice dates. The signed list shall constitute a presumption

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that the mailed notice was given.

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

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

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deposited in the United States mail.

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(8)  The electronic notice shall be deemed received by a

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

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the municipality electronically notifies the owner.

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

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interest in land to receive a requested mailed notice or

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electronic notice shall not be deemed to invalidate any action

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or proceedings under this act.

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

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

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Section 302.  Adoption of Municipal, Multimunicipal and

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

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

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hearing pursuant to public notice and mailed notice, mailed

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notice and electronic notice. If, after the public hearing held

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upon the proposed plan or amendment to the plan, the proposed

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plan or proposed amendment thereto is substantially revised, the

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governing body shall hold another public hearing, pursuant to

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public notice and mailed notice, mailed notice and electronic

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notice, before proceeding to vote on the plan or amendment

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thereto.

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* * *

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

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amended to read:

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Section 402.  Adoption of the Official Map and Amendments

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Thereto.--* * *

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(b)  The county and adjacent municipalities may offer

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comments and recommendations during said 45-day review period in

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accordance with section 408. Local authorities, park boards,

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environmental boards and similar public bodies may also offer

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comments and recommendations to the governing body or planning

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

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Before voting on the enactment of the proposed ordinance and

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official map, or part thereof or amendment thereto, the

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governing body shall hold a public hearing pursuant to public

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notice and mailed notice, mailed notice and electronic notice.

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Section 504.  Enactment of Subdivision and Land Development

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

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subdivision and land development ordinance, the governing body

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shall hold a public hearing thereon pursuant to public notice

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and mailed notice, mailed notice and electronic notice. A brief

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summary setting forth the principal provisions of the proposed

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ordinance and a reference to the place within the municipality

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where copies of the proposed ordinance may be secured or

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examined shall be incorporated in the public notice and the

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mailed notice, mailed notice and electronic notice. Unless the

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proposed subdivision and land development ordinance shall have

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been prepared by the planning agency, the governing body shall

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submit the ordinance to the planning agency at least 45 days

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prior to the hearing on such ordinance to provide the planning

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agency an opportunity to submit recommendations. If a county

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planning agency shall have been created for the county in which

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the municipality adopting the ordinance is located, then, at

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

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municipality shall submit the proposed ordinance to said county

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planning agency for recommendations.

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* * *

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Section 505.  Enactment of Subdivision and Land Development

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

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land development ordinance shall become effective only after a

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public hearing held pursuant to public notice and mailed notice, 

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mailed notice and electronic notice in the manner prescribed for

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enactment of a proposed ordinance by this article. In addition,

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in case of an amendment other than that prepared by the planning

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agency, the governing body shall submit each such amendment to

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the planning agency for recommendations at least 30 days prior

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to the date fixed for the public hearing on such proposed

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amendment. If a county planning agency shall have been created

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for the county in which the municipality proposing the amendment

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is located, then, at least 30 days prior to the hearing on the

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amendment, the municipality shall submit the proposed amendment

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to said county planning agency for recommendations.

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* * *

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

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

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

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

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hold a public hearing thereon, pursuant to public notice and

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mailed notice, mailed notice and electronic notice. The vote on

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the enactment by the governing body shall be within 90 days

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after the last public hearing. Within 30 days after enactment, a

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copy of the zoning ordinance shall be forwarded to the county

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planning agency or, in counties where no planning agency exists,

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to the governing body of the county in which the municipality is

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located.

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

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

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

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*

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

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governing body shall hold a public hearing thereon, pursuant to

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public notice and mailed notice, mailed notice and electronic

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notice. In addition, if the proposed amendment involves a zoning

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map change, notice of said public hearing shall be conspicuously

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posted by the municipality at points deemed sufficient by the

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municipality along the tract to notify potentially interested

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citizens. The affected tract or area shall be posted at least

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one week prior to the date of the hearing.

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* * *

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

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proposed amendment is changed substantially, or is revised, to

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include land previously not affected by it, the governing body

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shall hold another public hearing, pursuant to public notice and

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mailed notice, mailed notice and electronic notice, before

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proceeding to vote on the amendment.

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* * *

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

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