PRINTER'S NO. 230
No. 201 Session of 2003
INTRODUCED BY MUNDY, BEBKO-JONES, CAWLEY, CORRIGAN, CRUZ, CURRY, FICHTER, GODSHALL, HARHAI, HERSHEY, LAUGHLIN, LEH, McCALL, R. MILLER, NAILOR, PRESTON, SHANER AND TIGUE, FEBRUARY 11, 2003
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 11, 2003
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 enactment of zoning 21 ordinances. 22 The General Assembly of the Commonwealth of Pennsylvania 23 hereby enacts as follows: 24 Section 1. Section 609(b) of the act of July 31, 1968 25 (P.L.805, No.247), known as the Pennsylvania Municipalities 26 Planning Code, reenacted and amended December 21, 1988
1 (P.L.1329, No.170) and amended January 11, 2002 (P.L.13, No.2), 2 is amended to read: 3 Section 609. Enactment of Zoning Ordinance Amendments.--* * 4 * 5 (b) (1) Before voting on the enactment of an amendment, the 6 governing body shall hold a public hearing thereon, pursuant 7 to public notice. In addition, if the proposed amendment 8 involves a zoning map change, notice of said public hearing 9 shall be conspicuously posted by the municipality at points 10 deemed sufficient by the municipality along the tract to 11 notify potentially interested citizens. The affected tract or 12 area shall be posted at least one week prior to the date of 13 the hearing. 14 (2) (i) In addition to the requirement that notice be 15 posted under clause (1), where the proposed amendment 16 involves a zoning map change, notice of the public 17 hearing shall be mailed by the municipality at least 30 18 days prior to the date of the hearing by first class mail 19 to the addressees to which real estate tax bills are sent 20 for all real property located within the area being 21 rezoned, as evidenced by tax records within the 22 possession of the municipality. The notice shall include 23 the location, date and time of the public hearing. [A 24 good faith effort and substantial compliance shall 25 satisfy the requirements of this subsection.] No proposed 26 amendment involving a zoning map change, to which the 27 notice requirements of this clause apply, shall be valid 28 unless the municipality complied with the notice 29 requirements of this clause. The burden of proving 30 compliance shall be on the municipality. 20030H0201B0230 - 2 -
1 (ii) This clause shall not apply when the rezoning 2 constitutes a comprehensive rezoning. 3 * * * 4 Section 2. This act shall take effect in 60 days. A27L53JLW/20030H0201B0230 - 3 -