1Amending the act of July 31, 1968 (P.L.805, No.247), entitled,
2as amended, "An act to empower cities of the second class A,
3and third class, boroughs, incorporated towns, townships of
4the first and second classes including those within a county
5of the second class and counties of the second through eighth
6classes, individually or jointly, to plan their development
7and to govern the same by zoning, subdivision and land
8development ordinances, planned residential development and
9other ordinances, by official maps, by the reservation of
10certain land for future public purpose and by the acquisition
11of such land; to promote the conservation of energy through
12the use of planning practices and to promote the effective
13utilization of renewable energy sources; providing for the
14establishment of planning commissions, planning departments,
15planning committees and zoning hearing boards, authorizing
16them to charge fees, make inspections and hold public
17hearings; providing for mediation; providing for transferable
18development rights; providing for appropriations, appeals to
19courts and penalties for violations; and repealing acts and
20parts of acts," further providing for definitions; and
21providing for mailed notice in certain proceedings.

22The General Assembly of the Commonwealth of Pennsylvania
23hereby enacts as follows:

24Section 1. Section 107(a) of the act of July 31, 1968 
25(P.L.805, No.247), known as the Pennsylvania Municipalities
26Planning Code, reenacted and amended December 21, 1988 

1(P.L.1329, No.170), is amended by adding definitions to read:

2Section 107. Definitions.--(a) The following words and
3phrases when used in this act shall have the meanings given to
4them in this subsection unless the context clearly indicates
5otherwise:

6* * *

7"Electronic notice," notice given by a municipality through
8the Internet to a landowner or an owner of a mineral interest in
9land of the time and place of a public hearing and the
10particular nature of the matter to be considered at the hearing.

11* * *

12"Mailed notice," notice given by a municipality by first 
13class mail to a landowner or an owner of a mineral interest in 
14land of the time and place of a public hearing and the 
15particular nature of the matter to be considered at the hearing.

16* * *

17Section 2. The act is amended by adding a section to read:

18Section 109. Notice.--In any case in which mailed notice or 
19electronic notice is required by this act, the following shall 
20apply:

21(1) Mailed notice shall be required only if a landowner or 
22an owner of a mineral interest in land within a municipality has 
23made a request that the notice be mailed and has supplied the 
24municipality with a stamped, self-addressed envelope prior to 
25the public hearing.

26(2) Electronic notice shall be required only if a landowner
27or an owner of a mineral interest in land within a municipality
28has made a request that notice be sent electronically and has
29supplied the municipality with an electronic address prior to
30the public hearing and only if that municipality maintains the

1capability of generating an electronic notice. A landowner or an
2owner of a mineral interest in land making the request and
3supplying an electronic address may at any time notify the
4municipality that the landowner or the owner of a mineral
5interest in land no longer will accept electronic notice, and in
6that event the municipality may no longer provide electronic
7notice.

8(3) A landowner or an owner of a mineral interest in land 
9who has requested a mailed notice shall be solely responsible 
10for the number, accuracy and sufficiency of the envelopes 
11supplied. The municipality shall not be responsible or liable if 
12the landowner or an owner of a mineral interest in land does not 
13provide to the municipality notice of any changes in the owner's 
14mailing address.

15(4) A landowner or an owner of a mineral interest in land
16who has requested electronic notice shall be solely responsible
17for the accuracy and functioning of the electronic address
18provided to the municipality. The municipality shall not be
19responsible or liable if the landowner or an owner of a mineral
20interest in land does not provide to the municipality notice of
21any changes to the owner's electronic address.

22(5) A municipality shall deposit a mailed notice in the 
23United States mail or provide electronic notice not more than 30 
24and not less than seven days prior to the scheduled date of the 
25hearing as shown on the notice.

26(6) For each public hearing for which a mailed notice or 
27electronic notice has been requested, the municipal secretary or 
28other person designated by the municipal governing body shall 
29prepare, sign and maintain a list of all mailed notices, mailing 
30dates, electronic notices and electronic notice dates. The 

1signed list shall constitute a presumption that the notice was 
2given.

3(7) The mailed notice shall be deemed received by a 
4landowner or an owner of a mineral interest in land on the date 
5deposited in the United States mail.

6(8) The electronic notice shall be deemed received by a
7landowner or an owner of a mineral interest in land on the date
8the municipality electronically notifies the owner.

9(9) Failure of a landowner or an owner of a mineral interest 
10in land to receive a requested mailed notice or electronic 
11notice shall not be deemed to invalidate any action or 
12proceedings under this act.

13Section 3. Section 302(b) of the act, amended June 22, 2000 
14(P.L.495, No.68), is amended to read:

15Section 302. Adoption of Municipal, Multimunicipal and
16County Comprehensive Plans and Plan Amendments.--* * *

17(b) The governing body shall hold at least one public
18hearing pursuant to public notice, mailed notice and electronic 
19notice. If, after the public hearing held upon the proposed plan
20or amendment to the plan, the proposed plan or proposed
21amendment thereto is substantially revised, the governing body
22shall hold another public hearing, pursuant to public notice, 
23mailed notice and electronic notice, before proceeding to vote
24on the plan or amendment thereto.

25* * *

26Section 4. Sections 402(b), 504(a) and 505(a) of the act are
27amended to read:

28Section 402. Adoption of the Official Map and Amendments
29Thereto.--* * *

30(b) The county and adjacent municipalities may offer

1comments and recommendations during said 45-day review period in
2accordance with section 408. Local authorities, park boards,
3environmental boards and similar public bodies may also offer
4comments and recommendations to the governing body or planning
5agency if requested by same during said 45-day review period.
6Before voting on the enactment of the proposed ordinance and
7official map, or part thereof or amendment thereto, the
8governing body shall hold a public hearing pursuant to public
9notice, mailed notice and electronic notice.

10* * *

11Section 504. Enactment of Subdivision and Land Development
12Ordinance.--(a) Before voting on the enactment of a proposed
13subdivision and land development ordinance, the governing body
14shall hold a public hearing thereon pursuant to public notice, 
15mailed notice and electronic notice. A brief summary setting
16forth the principal provisions of the proposed ordinance and a
17reference to the place within the municipality where copies of
18the proposed ordinance may be secured or examined shall be
19incorporated in the public notice, mailed notice and electronic 
20notice. Unless the proposed subdivision and land development
21ordinance shall have been prepared by the planning agency, the
22governing body shall submit the ordinance to the planning agency
23at least 45 days prior to the hearing on such ordinance to
24provide the planning agency an opportunity to submit
25recommendations. If a county planning agency shall have been
26created for the county in which the municipality adopting the
27ordinance is located, then, at least 45 days prior to the public
28hearing on the ordinance, the municipality shall submit the
29proposed ordinance to said county planning agency for
30recommendations.

1* * *

2Section 505. Enactment of Subdivision and Land Development
3Ordinance Amendment.--(a) Amendments to the subdivision and
4land development ordinance shall become effective only after a
5public hearing held pursuant to public notice, mailed notice and 
6electronic notice in the manner prescribed for enactment of a
7proposed ordinance by this article. In addition, in case of an
8amendment other than that prepared by the planning agency, the
9governing body shall submit each such amendment to the planning
10agency for recommendations at least 30 days prior to the date
11fixed for the public hearing on such proposed amendment. If a
12county planning agency shall have been created for the county in
13which the municipality proposing the amendment is located, then,
14at least 30 days prior to the hearing on the amendment, the
15municipality shall submit the proposed amendment to said county
16planning agency for recommendations.

17* * *

18Section 5. Section 608 of the act, carried without amendment
19June 22, 2000 (P.L.495, No.68), is amended to read:

20Section 608. Enactment of Zoning Ordinance.--Before voting
21on the enactment of a zoning ordinance, the governing body shall
22hold a public hearing thereon, pursuant to public notice, mailed 
23notice and electronic notice. The vote on the enactment by the
24governing body shall be within 90 days after the last public
25hearing. Within 30 days after enactment, a copy of the zoning
26ordinance shall be forwarded to the county planning agency or,
27in counties where no planning agency exists, to the governing
28body of the county in which the municipality is located.

29Section 6. Section 609(b)(1) and (d) of the act, amended
30January 11, 2002 (P.L.13, No.2), are amended to read:

1Section 609. Enactment of Zoning Ordinance Amendments.--* *
2*

3(b) (1) Before voting on the enactment of an amendment, the
4governing body shall hold a public hearing thereon, pursuant
5to public notice, mailed notice and electronic notice. In
6addition, if the proposed amendment involves a zoning map
7change, notice of said public hearing shall be conspicuously
8posted by the municipality at points deemed sufficient by the
9municipality along the tract to notify potentially interested
10citizens. The affected tract or area shall be posted at least
11one week prior to the date of the hearing.

12* * *

13(d) If, after any public hearing held upon an amendment, the
14proposed amendment is changed substantially, or is revised, to
15include land previously not affected by it, the governing body
16shall hold another public hearing, pursuant to public notice, 
17mailed notice and electronic notice, before proceeding to vote
18on the amendment.

19* * *

20Section 7. This act shall take effect in 60 days.