PRINTER'S NO. 3362
No. 2355 Session of 2006
INTRODUCED BY STABACK, BELFANTI, BENNINGHOFF, BEYER,
CALTAGIRONE, DeLUCA, DENLINGER, DeWEESE, GOODMAN, GRUCELA,
HARPER, HERMAN, HERSHEY, KOTIK, MUNDY, O'NEILL, PHILLIPS,
PISTELLA, SATHER, SAYLOR, SEMMEL, SOLOBAY, TIGUE, WANSACZ,
WOJNAROSKI, YOUNGBLOOD AND FREEMAN, JANUARY 18, 2006
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JANUARY 18, 2006
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 appointment, term and
21 vacancy of planning commission members and for conduct of
22 business of planning commission.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Section 203 of the act of July 31, 1968 (P.L.805,
26 No.247), known as the Pennsylvania Municipalities Planning Code,
1 reenacted and amended December 21, 1988 (P.L.1329, No.170), is
2 amended by adding a subsection to read:
3 Section 203. Appointment, Term and Vacancy.--* * *
4 (e) The governing body may appoint by resolution at least
5 one but no more than three residents of the municipality to
6 serve as alternate members of the planning commission. The term
7 of office of an alternate member shall be three years. When
8 seated pursuant to the provisions of section 207, an alternate
9 shall be entitled to participate in all proceedings and
10 discussions of the commission to the same and full extent as
11 provided by law for commission members, including specifically
12 the right to cast a vote as a voting member during the
13 proceedings, and shall have all the powers and duties set forth
14 in this act and as otherwise provided by law. Alternates shall
15 hold no other elected or appointed office in the municipality,
16 including service as a member of the zoning hearing board or as
17 a zoning officer, nor shall any alternate be an employee of the
18 municipality. Any alternate may participate in any proceeding or
19 discussion of the commission but shall not be entitled to vote
20 as a member of the commission nor be reimbursed pursuant to
21 section 202 unless designated as a voting alternate member
22 pursuant to section 207.
23 Section 2. Section 207 of the act is amended to read:
24 Section 207. Conduct of Business.--(a) The commission shall
25 elect its own chairman and vice-chairman and create and fill
26 such other offices as it may determine. Officers shall serve
27 annual terms and may succeed themselves. The commission may make
28 and alter by laws and rules and regulations to govern its
29 procedures consistent with the ordinances of the municipality
30 and the laws of the Commonwealth. The commission shall keep a
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1 full record of its business and shall annually make a written
2 report by March 1 of each year of its activities to the
3 governing body. Interim reports may be made as often as may be
4 necessary, or as requested by the governing body.
5 (b) The chairman of the planning commission may designate
6 alternate members of the commission to replace any absent or
7 disqualified member, and if, by reason of absence or
8 disqualification of a member, a quorum is not reached, the
9 chairman of the commission shall designate as many alternate
10 members of the commission to sit on the commission as may be
11 needed to reach a quorum. Any alternate member of the commission
12 shall continue to serve on the commission in all proceedings
13 involving the matter or case for which the alternate was
14 initially appointed until the commission has made a final
15 decision on the matter or case. Designation of an alternate
16 pursuant to this section shall be made on a case-by-case basis
17 in rotation according to declining seniority among all
18 alternates.
19 Section 3. This act shall take effect in 60 days.
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