PRINTER'S NO. 1663
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1477
Session of
2023
INTRODUCED BY SMITH-WADE-EL, FREEMAN, SAPPEY, JAMES AND MOUL,
JUNE 21, 2023
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 21, 2023
AN ACT
Amending the act of July 31, 1968 (P.L.805, No.247), entitled
"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 general provisions, providing for certain
transmittals and submissions to governmental bodies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 31, 1968 (P.L.805, No.247), known
as the Pennsylvania Municipalities Planning Code, is amended by
adding a section to read:
Section 110. Certain Transmittals and Submissions to
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Governmental Bodies.--If this act requires a municipality,
including a county, to forward, send or submit a proposed
comprehensive plan or amendment or a proposed land use ordinance
or amendment for review, comments or recommendations, or an
adopted comprehensive plan, land use ordinance or amendment, the
proposed or adopted plan, ordinance or amendment may be
transmitted electronically. The transmittal may include an
electronic document or a link to a publicly accessible document
online, provided the electronic document is in PDF format or
similar standard which accurately reproduces the original. In
the event a document is required by this act to be certified,
the certification shall also be transmitted electronically. The
following shall apply:
(1) The municipality shall transmit documents to those
electronic contacts available and reasonably appropriate for
receipt of the documents. Failure of a governmental body or an
officer or agent of a governmental body to receive a good faith
transmittal provided in accordance with this paragraph may not
be grounds to challenge the effectiveness of a plan, ordinance
or amendment under this act.
(2) The municipality shall retain a written or electronic
record of every transmittal and all comments and recommendations
under paragraph (3).
(3) If an authorized transmittal is for comments or
recommendations under this act, the comments and recommendations
may be transmitted to the municipality electronically.
Section 2. Nothing in this act shall be deemed to invalidate
any electronic transmittal of plans, ordinances or amendments
made prior to the effective date of this section.
Section 3. This act shall take effect in 60 days.
20230HB1477PN1663 - 2 -
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