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PRINTER'S NO. 355
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
33
Session of
2015
INTRODUCED BY GRELL, SCHLOSSBERG, KAVULICH, READSHAW, COHEN,
GROVE, BENNINGHOFF, MAHONEY, KORTZ, ROZZI AND M. K. KELLER,
FEBRUARY 5, 2015
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 5, 2015
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
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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
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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.
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