PRINTER'S NO. 935
No. 869 Session of 1993
INTRODUCED BY D. W. SNYDER, LESCOVITZ, PISTELLA, MERRY AND
BATTISTO, MARCH 23, 1993
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 23, 1993
AN ACT
1 Amending the act of July 31, 1968 (P.L.805, No.247), entitled,
2 as reenacted and amended, "An act to empower cities of the
3 second class A, and third class, boroughs, incorporated
4 towns, townships of the first and second classes including
5 those within a county of the second class and counties of the
6 second class A through eighth classes, individually or
7 jointly, to plan their development and to govern the same by
8 zoning, subdivision and land development ordinances, planned
9 residential development and other ordinances, by official
10 maps, by the reservation of certain land for future public
11 purpose and by the acquisition of such land; to promote the
12 conservation of energy through the use of planning practices
13 and to promote the effective utilization of renewable energy
14 sources; providing for the establishment of planning
15 commissions, planning departments, planning committees and
16 zoning hearing boards, authorizing them to charge fees, make
17 inspections and hold public hearings; providing for
18 mediation; providing for transferable development rights;
19 providing for appropriations, appeals to courts and penalties
20 for violations; and repealing acts and parts of acts,"
21 further providing for construction, for planning commission
22 membership and business, for planning agency powers and
23 duties, for compliance by counties, for official municipality
24 maps, for county planning agency jurisdiction, for
25 subdivision and land development ordinances, for plat
26 approval and recording, for preventive remedies, for the
27 transportation capital improvements plan, for ordinance
28 provisions, for classifications, for municipal curative
29 amendments and for standards and conditions for planned
30 residential development; providing for transferable
31 development rights; further providing for zoning hearing
32 board membership, organization, jurisdiction and time limits;
33 and making repeals.
1 The General Assembly of the Commonwealth of Pennsylvania
2 hereby enacts as follows:
3 Section 1. Sections 103, 203(b), 207, 209.1, 301.4, 405,
4 502(b) and (c), 503(1.1) and (11)(vi), 508(3), 509(a), 513 and
5 515.1 of the act of July 31, 1968 (P.L.805, No.247), known as
6 the Pennsylvania Municipalities Planning Code, reenacted and
7 amended December 21, 1988 (P.L.1329, No.170), are amended to
8 read:
9 Section 103. Construction of Act.--The provisions of this
10 act shall not affect any act done, contract executed or
11 liability incurred prior to its effective date, or affect any
12 suit or prosecution pending or to be instituted, to enforce any
13 right, rule, regulation, or ordinance or to punish any offense
14 against any such repealed laws or against any ordinance enacted
15 under them. All ordinances, resolutions, regulations and rules
16 made pursuant to any act of Assembly repealed by this act shall
17 continue in effect as if such act had not been repealed, except
18 as the provisions are inconsistent herewith. The provisions of
19 other acts relating to municipalities other than cities of the
20 first and second class [and counties of the second class] are
21 made a part of this act and this code shall be construed to give
22 effect to all provisions of other acts not specifically
23 repealed.
24 Section 203. Appointment, Term and Vacancy.--* * *
25 (b) The term of each of the members of the commission shall
26 be for four years[, or until his successor is appointed and
27 qualified], except that the terms of the members first appointed
28 pursuant to this act shall be so fixed that on commissions of
29 eight members or less no more than two shall be reappointed or
30 replaced during any future calendar year, and on commissions of
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1 nine members no more than three shall be so reappointed or
2 replaced.
3 * * *
4 Section 207. Conduct of Business; Quorum.--The commission
5 shall elect its own chairman and vice-chairman and create and
6 fill such other offices as it may determine. Officers shall
7 serve annual terms and may succeed themselves. The commission
8 may make and alter by laws and rules and regulations to govern
9 its procedures consistent with the ordinances of the
10 municipality and the laws of the Commonwealth. The commission
11 shall keep a full record of its business and shall annually make
12 a written report by March 1 of each year of its activities to
13 the governing body. Interim reports may be made as often as may
14 be necessary, or as requested by the governing body. A majority
15 of the members of the commission presently serving shall
16 constitute a quorum.
17 Section 209.1. Powers and Duties of Planning Agency.--(a)
18 The planning agency shall at the request of the governing body
19 have the power and shall be required to:
20 (1) Prepare the comprehensive plan for the development
21 of the municipality as set forth in this act, and present it
22 for the consideration of the governing body.
23 (2) Maintain and keep on file records of its action. All
24 records and files of the planning agency shall be in the
25 possession of the governing body.
26 (b) The planning agency at the request of the governing body
27 [may] shall:
28 (1) Make recommendations to the governing body
29 concerning the adoption or amendment of an official map.
30 (2) Prepare and present to the governing body of the
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1 municipality a zoning ordinance, and make recommendations to
2 the governing body on proposed amendments to it as set forth
3 in this act.
4 (3) Prepare, recommend and administer subdivision and
5 land development and planned residential development
6 regulations, as set forth in this act.
7 (4) Prepare and present to the governing body of the
8 municipality a building code and a housing code and make
9 recommendations concerning proposed amendments thereto.
10 (5) Do such other acts or make such studies as may be
11 necessary to fulfill the duties and obligations imposed by
12 this act.
13 (6) Prepare and present to the governing body of the
14 municipality an environmental study.
15 (7) Submit to the governing body of a municipality a
16 recommended capital improvements program.
17 (7.1) Prepare and present to the governing body of the
18 municipality a water survey, which shall be consistent with
19 the State Water Plan and any applicable water resources plan
20 adopted by a river basin commission. The water survey shall
21 be conducted in consultation with any public water supplier
22 in the area to be surveyed.
23 (8) Promote public interest in, and understanding of,
24 the comprehensive plan and planning.
25 (9) Make recommendations to governmental, civic and
26 private agencies and individuals as to the effectiveness of
27 the proposals of such agencies and individuals.
28 (10) Hold public hearings and meetings.
29 (10.1) Present testimony before any board.
30 (11) Require from other departments and agencies of the
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1 municipality such available information as relates to the
2 work of the planning agency.
3 (12) In the performance of its functions, enter upon any
4 land to make examinations and surveys with the consent of the
5 owner.
6 (13) Prepare and present to the governing body of the
7 municipality a study regarding the feasibility and
8 practicability of using renewable energy sources in specific
9 areas within the municipality.
10 (14) Review the zoning ordinance, subdivision and land
11 development ordinance, official map, provisions for planned
12 residential development, and such other ordinances and
13 regulations governing the development of land no less
14 frequently than it reviews the comprehensive plan.
15 Section 301.4. Compliance by Counties.--(a) If a county
16 does not have a comprehensive plan, then that county shall,
17 within three years of the effective date of this act, prepare
18 and adopt a comprehensive plan in accordance with the
19 requirements of section 301.
20 (b) Municipal comprehensive plans which are adopted shall be
21 generally consistent with the adopted county comprehensive plan.
22 Section 405. Buildings in Mapped Streets, Watercourses or
23 Other Public Grounds.--For the purpose of preserving the
24 integrity of the official map of the municipality, no permit
25 shall be issued for any building within the lines of any street,
26 watercourse or public ground shown or laid out on the official
27 map. No person shall recover any damages for the taking for
28 public use of any building or improvements constructed within
29 the lines of any street, watercourse or public ground after the
30 same shall have been included in the official map, and any such
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1 building or improvement shall be removed at the expense of the
2 owner. However, when the property of which the reserved location
3 forms a part, cannot yield a reasonable return to the owner
4 unless a permit shall be granted, the owner may apply to the
5 governing body for the grant of a special encroachment permit to
6 build. Before granting any special encroachment permit
7 authorized in this section, the governing body may submit the
8 application for a special encroachment permit to the local
9 planning agency and allow the planning agency 30 days for review
10 and comment and shall give public notice and hold a public
11 hearing at which all parties in interest shall have an
12 opportunity to be heard. A refusal by the governing body to
13 grant the special encroachment permit applied for may be
14 appealed by the applicant to [the zoning hearing board] the
15 court of common pleas in the same manner, and within the same
16 time limitation, as is provided in Article [IX] X-A.
17 Section 502. Jurisdiction of County Planning Agencies;
18 Adoption by Reference of County Subdivision and Land Development
19 Ordinances.--* * *
20 (b) The enactment of a subdivision and land development
21 ordinance by any municipality, other than a county, whose land
22 is subject to a county subdivision and land development
23 ordinance shall act as a repeal protanto of the county
24 subdivision and land development ordinance within the
25 municipality adopting such ordinance. However, applications for
26 subdivision and land development located within a municipality
27 having adopted a subdivision and land development ordinance as
28 set forth in this article shall be forwarded upon receipt by the
29 municipality to the county planning agency for review and report
30 and for recommendation, together with a fee sufficient to cover
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1 the costs of the review, recommendation and report which fee
2 shall be paid by the applicant: Provided, That such
3 municipalities shall not approve such applications until the
4 county recommendation and report [is] are received or until the
5 expiration of 30 days from the date the application was
6 forwarded to the county.
7 (c) Further, any municipality other than a county may adopt
8 by reference the subdivision and land development ordinance of
9 the county, and may by separate ordinance designate the county
10 planning agency, with the county planning agency's concurrence,
11 as its official administrative agency for review, recommendation
12 and approval of plats.
13 Section 503. Contents of Subdivision and Land Development
14 Ordinance.--The subdivision and land development ordinance may
15 include, but need not be limited to:
16 * * *
17 (1.1) Provisions for the exclusion of certain land
18 development from the definition of land development contained
19 in section 107 [only when such land development involves:].
20 These exclusions may include, but need not be limited to:
21 (i) the conversion of an existing single-family
22 detached [dwelling or], single family semi-detached
23 [dwelling] or single family attached dwelling into not
24 more than three residential units, unless such units are
25 intended to be a condominium;
26 (ii) the addition of an accessory building,
27 including farm buildings, on a lot or lots subordinate to
28 an existing principal building; or
29 (iii) the addition or conversion of buildings or
30 rides within the confines of an enterprise which would be
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1 considered an amusement park. For purposes of this
2 subclause, an amusement park is defined as a tract or
3 area used principally as a location for permanent
4 amusement structures or rides. This exclusion shall not
5 apply to newly acquired acreage by an amusement park
6 until initial plans for the expanded area have been
7 approved by proper authorities.
8 The term "land development" as defined in section 107,
9 together with any exclusions which a municipality elects to
10 include in its subdivision and land development ordinance
11 under this section, shall apply when such definition and
12 exclusions are adopted as part of the ordinance or an
13 amendment thereto.
14 * * *
15 (11) Provisions requiring the public dedication of land
16 suitable for the use intended; and, upon agreement with the
17 applicant or developer, the construction of recreational
18 facilities, the payment of fees in lieu thereof, the private
19 reservation of the land, or a combination, for park or
20 recreation purposes as a condition precedent to final plan
21 approval, provided that:
22 * * *
23 (vi) A fee authorized under this subsection shall,
24 upon its receipt by a municipality, be deposited in an
25 interest-bearing account, clearly identifying the
26 specific recreation facilities or land, or both, for park
27 purposes for which the fee was received. Interest earned
28 on such accounts shall become funds of that account.
29 Funds from such accounts shall be expended only in
30 properly allocable portions of the cost incurred to
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1 construct the specific recreation facilities or land, or
2 both, for park purposes for which the funds were
3 collected.
4 * * *
5 Section 508. Approval of Plats.--All applications for
6 approval of a plat (other than those governed by Article VII),
7 whether preliminary or final, shall be acted upon by the
8 governing body or the planning agency within such time limits as
9 may be fixed in the subdivision and land development ordinance
10 but the governing body or the planning agency shall render its
11 decision and communicate it to the applicant not later than 90
12 days following the date of the regular meeting of the governing
13 body or the planning agency (whichever first reviews the
14 application) next following the date the application is filed,
15 provided that should the said next regular meeting occur more
16 than 30 days following the filing of the application, the said
17 90-day period shall be measured from the 30th day following the
18 day the application has been filed.
19 * * *
20 (3) Failure of the governing body or planning agency to
21 render a decision and communicate it to the applicant within
22 the time and in the manner required herein shall be deemed an
23 approval of the application in terms as presented unless the
24 applicant has agreed in writing to an extension of time or
25 change in the prescribed manner of presentation of
26 communication of the decision, in which case, failure to meet
27 the extended time or change in manner of presentation of
28 communication shall have like effect.
29 * * *
30 Section 509. Completion of Improvements or Guarantee Thereof
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1 Prerequisite to Final Plat Approval.--(a) No plat shall be
2 finally approved unless the streets shown on such plat have been
3 improved to a mud-free or otherwise permanently passable
4 condition, or improved as may be required by the subdivision and
5 land development ordinance and any walkways, curbs, gutters,
6 street lights, fire hydrants, shade trees, water mains, sanitary
7 sewers, storm sewers and other improvements as may be required
8 by the subdivision and land development ordinance have been
9 installed in accordance with such ordinance. In lieu of the
10 completion of any improvements required as a condition for the
11 final approval of a plat, [including improvements or fees
12 required pursuant to section 509(i),] the subdivision and land
13 development ordinance shall provide for the deposit with the
14 municipality of financial security in an amount sufficient to
15 cover the costs of such improvements or common amenities
16 including, but not limited to, roads, storm water detention
17 and/or retention basins and other related drainage facilities,
18 recreational facilities, open space improvements, or buffer or
19 screen plantings which may be required.
20 * * *
21 Section 513. Recording Plats and Deeds.--(a) Upon the
22 approval of a final plat, the developer shall within 90 days of
23 such final approval record such plat in the office of the
24 recorder of deeds of the county in which the municipality is
25 located. Whenever such plat approval is required by a
26 municipality, the recorder of deeds of the county shall not
27 accept any plat for recording, unless such plat officially notes
28 the approval of the governing body or planning agency, if
29 designated by the governing body, and review by the county
30 planning agency, if one exists.
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1 (b) The recording of the plat shall not constitute grounds
2 for assessment increases until such time as lots are sold or
3 improvements are installed on the land included within the
4 subject plat.
5 Section 515.1. Preventive Remedies.--(a) In addition to
6 other remedies, the municipality may institute and maintain
7 appropriate actions by law or in equity to restrain, correct or
8 abate violations, to prevent unlawful construction, to recover
9 damages and to prevent illegal occupancy of a building,
10 structure or premises. The description by metes and bounds in
11 the instrument of transfer or other documents used in the
12 process of selling or transferring shall not exempt the seller
13 or transferor from [such penalties or from] the remedies herein
14 provided.
15 (b) A municipality may refuse to issue any permit or grant
16 any approval necessary to further improve or develop any real
17 property which has been developed or which has resulted from a
18 subdivision of real property in violation of any ordinance
19 adopted pursuant to this article. This authority to deny such a
20 permit or approval shall apply to any of the following
21 applicants:
22 (1) The owner of record at the time of such violation.
23 (2) The vendee or lessee of the owner of record at the
24 time of such violation without regard as to whether such
25 vendee or lessee had actual or constructive knowledge of the
26 violation.
27 (3) The current owner of record who acquired the
28 property subsequent to the time of violation without regard
29 as to whether such current owner had actual or constructive
30 knowledge of the violation.
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1 (4) The vendee or lessee of the current owner of record
2 who acquired the property subsequent to the time of violation
3 without regard as to whether such vendee or lessee had actual
4 or constructive knowledge of the violation.
5 As an additional condition for issuance of a permit or the
6 granting of an approval to any such owner, current owner, vendee
7 or lessee for the development of any such real property, the
8 municipality may require compliance with the conditions that
9 would have been applicable to the property at the time the
10 applicant acquired an interest in such real property.
11 Section 2. Section 504-A(f) of the act, added December 19,
12 1990 (P.L.1343, No.209), is amended to read:
13 Section 504-A. Transportation Capital Improvements Plan.--*
14 * *
15 (f) Any improvements to [Federal-aid or State] highways
16 under the jurisdiction and authority of the Department of
17 Transportation to be funded in part by impact fees shall require
18 the approval of the Department of Transportation and, if
19 necessary, the United States Department of Transportation.
20 Nothing in this act shall be deemed to alter or diminish the
21 powers, duties or jurisdiction of the Department of
22 Transportation with respect to [State highways or the rural
23 State highway system] highways under its jurisdiction and
24 authority.
25 Section 3. Sections 603(c)(5), 605(3), 609.2 introductory
26 paragraph, 704(b) and 705(f)(5) and (6) of the act are amended
27 to read:
28 Section 603. Ordinance Provisions.--* * *
29 (c) Zoning ordinances may contain:
30 * * *
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1 (5) provisions to encourage innovation and to promote
2 flexibility, economy and ingenuity in development[, including
3 subdivisions and land developments as defined in this act];
4 and
5 * * *
6 Section 605. Classifications.--In any municipality, other
7 than a county, which enacts a zoning ordinance, no part of such
8 municipality shall be left unzoned. The provisions of all zoning
9 ordinances may be classified so that different provisions may be
10 applied to different classes of situations, uses and structures
11 and to such various districts of the municipality as shall be
12 described by a map made part of the zoning ordinance. Where
13 zoning districts are created, all provisions shall be uniform
14 for each class of uses or structures, within each district,
15 except that additional classifications may be made within any
16 district:
17 * * *
18 (3) For the purpose of encouraging innovation and the
19 promotion of flexibility, economy and ingenuity in
20 development, [including subdivisions and land developments as
21 defined in this act,] and for the purpose of authorizing
22 increases in the permissible density of population or
23 intensity of a particular use based upon expressed standards
24 and criteria set forth in the zoning ordinance.
25 * * *
26 Section 609.2. Procedure for Municipal Curative
27 Amendments.--If a municipality determines that its zoning
28 ordinance or any portion thereof is [substantially]
29 substantively invalid, it shall take the following actions:
30 * * *
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1 Section 704. Jurisdiction of County Planning Agencies.--* *
2 *
3 (b) The powers of governing bodies of counties to enact,
4 amend and repeal planned residential development provisions
5 shall not supersede any local planned residential development,
6 zoning or subdivision and land development ordinance which is
7 already in effect or subsequently becomes effective in any
8 municipality within such county, provided that a certified copy
9 of such provision is filed with the county planning agency, if
10 one exists. However, all applications for tentative approval of
11 planned residential development of land located within a
12 municipality having adopted planned residential development
13 provisions as set forth in this article shall nevertheless be
14 referred to the county planning agency, if one exists, for study
15 and recommendation, together with a fee sufficient to cover the
16 costs of the review, recommendation and report, which fee shall
17 be paid by the applicant, and such county planning agency shall
18 be required to report to such municipality within 30 days or
19 forfeit the right to review.
20 Section 705. Standards and Conditions for Planned
21 Residential Development.--* * *
22 (f) The standards for a planned residential development
23 established by provisions adopted pursuant to this article may
24 require that the common open space resulting from the
25 application of standards for density, or intensity of land use,
26 shall be set aside for the use and benefit of the residents in
27 such development and may include provisions which shall
28 determine the amount and location of said common open space and
29 secure its improvement and maintenance for common open space
30 use, subject, however, to the following:
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1 * * *
2 [(5) The decision of the governing body or its
3 designated agency shall be subject to appeal to court in the
4 same manner, and within the same time limitation, as is
5 provided for zoning appeals by this act.
6 (6)] (5) The cost of such maintenance by the
7 municipality shall be assessed ratably against the properties
8 within the planned residential development that have a right
9 of enjoyment of the common open space, and shall become a
10 lien on said properties. The municipality at the time of
11 entering upon said common open space for the purpose of
12 maintenance shall file a notice of lien in the office of the
13 prothonotary of the county, upon the properties affected by
14 the lien within the planned residential development.
15 * * *
16 Section 4. The act is amended by adding a section to read:
17 Section 822-A. Transferable Development Rights.--All rights
18 and procedures provided for in section 619.1 shall pertain to
19 municipalities participating in a joint municipal zoning
20 ordinance.
21 Section 5. Sections 903 and 906(b) of the act are amended to
22 read:
23 Section 903. Membership of Board.--(a) The membership of
24 the board shall, upon the determination of the governing body,
25 consist of either three or five residents of the municipality
26 appointed by resolution by the governing body. The terms of
27 office of a three member board shall be three years and shall be
28 so fixed that the term of office of one member shall expire each
29 year. The terms of office of a five member board shall be five
30 years and shall be so fixed that the term of office of one
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1 member of a five member board shall expire each year. If a three
2 member board is changed to a five member board, the members of
3 the existing three member board shall continue in office until
4 their term of office would expire under prior law. The governing
5 body shall appoint two additional members to the board with
6 terms scheduled to expire in accordance with the provisions of
7 this section. The board shall promptly notify the governing body
8 of any vacancies which occur. Appointments to fill vacancies
9 shall be only for the unexpired portion of the term. Members of
10 the board shall hold no other elected or appointed office in the
11 municipality[.] nor shall any member act as an employee of the
12 municipality.
13 (b) The governing body may appoint by resolution at least
14 one but no more than three residents of the municipality to
15 serve as alternate members of the board. The term of office of
16 an alternate member shall be three years. When seated pursuant
17 to the provisions of section 906, an alternate shall be entitled
18 to participate in all proceedings and discussions of the board
19 to the same and full extent as provided by law for board
20 members, including specifically the right to cast a vote as a
21 voting member during the proceedings, and shall have all the
22 powers and duties set forth in this act and as otherwise
23 provided by law. Alternates shall hold no other elected or
24 appointed office in the municipality nor shall any alternate act
25 as an employee of the municipality, including [membership on]
26 service as a member of the planning commission [and] or as a
27 zoning officer. Any alternate may participate in any proceeding
28 or discussion of the board but shall not be entitled to vote as
29 a member of the board nor be compensated pursuant to section 907
30 unless designated as a voting alternate member pursuant to
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1 section 906.
2 Section 906. Organization of Board.--* * *
3 (b) If, by reason of absence or disqualification of a
4 member, a quorum is not reached, the chairman of the board shall
5 designate as many alternate members of the board to sit on the
6 board as may be needed to [provide a quorum.] replace any absent
7 or disqualified member. Any alternate member of the board shall
8 continue to serve on the board in all proceedings involving the
9 matter or case for which the alternate was initially appointed
10 until the board has made a final determination of the matter or
11 case. Designation of an alternate pursuant to this section shall
12 be made on a case-by-case basis in rotation according to
13 declining seniority among all alternates.
14 * * *
15 Section 6. The introductory paragraphs of section 909.1(a)
16 and (b) of the act are amended and the section is amended by
17 adding a subsection to read:
18 Section 909.1. Jurisdiction.--(a) [The] Except as provided
19 in subsection (c), the zoning hearing board shall have exclusive
20 jurisdiction to hear and render final adjudications in the
21 following matters:
22 * * *
23 (b) The governing body or, except as to clauses (3), (4) and
24 (5), the planning agency, if designated, shall have exclusive
25 jurisdiction to hear and render final adjudications, in
26 accordance with section 908, in the following matters:
27 * * *
28 (c) If a municipality has no zoning ordinance or if the
29 municipality adopts or amends an ordinance conferring on its
30 governing body exclusive jurisdiction to hear and render final
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1 adjudications in the matters identified in clauses (1), (2) and
2 (3), the governing body of the municipality shall have exclusive
3 jurisdiction to hear and render final adjudications in the
4 following matters:
5 (1) Appeals from determinations with reference to the
6 administration of any flood plain or flood hazard ordinance
7 or such provisions within a land use ordinance.
8 (2) Applications for variances from the terms of the
9 flood hazard ordinance or such provisions within a land use
10 ordinance, pursuant to section 910.2.
11 (3) Applications for special exceptions under the flood
12 plain or flood hazard ordinance or such provisions within a
13 land use ordinance, pursuant to section 912.1.
14 Section 7. Section 914.1(a) of the act is amended to read:
15 Section 914.1. Time Limitations.--(a) No person shall be
16 allowed to file any proceeding with the board later than 30 days
17 after an application for development, whether preliminary,
18 tentative or final, has been approved by an appropriate
19 municipal officer, agency or body if such proceeding is designed
20 to secure reversal or to limit the approval in any manner unless
21 such person alleges and proves that he had no notice, knowledge,
22 or reason to believe that such approval had been given. If such
23 person has succeeded to his interest after such approval, he
24 shall be bound by the knowledge of his predecessor in interest.
25 The failure of anyone other than the landowner to appeal from an
26 adverse decision on a preliminary or tentative plan pursuant to
27 section 508 or 709 or from an adverse decision by a zoning
28 officer on a challenge to the validity of an ordinance or map
29 pursuant to section 916.2 shall preclude an appeal from a final
30 approval except in the case where the final submission
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1 substantially deviates from the approved tentative or
2 preliminary approval.
3 * * *
4 Section 8. Sections 2201 through 2211 and 2220 through 2239
5 of the act of July 28, 1953 (P.L.723, No.230), known as the
6 Second Class County Code, are repealed.
7 Section 9. This act shall take effect in 60 days.
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