Pennsylvania Act 2024-44 — PENNSYLVANIA MUNICIPALITIES PLANNING CODE - CERTAIN TRANSMITTALS AND SUBMISSIONS TO GOVERNMENTAL BODIES

Act text

Session of 2024

No. 2024-44

HB 1477

AN ACT

Amending the act of July 31, 1968 (P.L.805, No.247), entitled "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 general provisions, providing for certain transmittals and submissions to governmental bodies.

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

Section 1. The act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, is amended by adding a section to read:

Section 110. Certain Transmittals and Submissions to Governmental Bodies.--If this act requires a municipality, including a county, to forward, send or submit a proposed comprehensive plan or amendment or a proposed land use ordinance or amendment for review, comments or recommendations, or an adopted comprehensive plan, land use ordinance or amendment, the proposed or adopted plan, ordinance or amendment may be transmitted electronically. The transmittal may include an electronic document or a link to a publicly accessible document online, provided the electronic document is in PDF format or similar standard which accurately reproduces the original. In the event a document is required by this act to be certified, the certification shall also be transmitted electronically. The following shall apply:

(1) The municipality shall transmit documents to those electronic contacts available and reasonably appropriate for receipt of the documents. Failure of a governmental body or an officer or agent of a governmental body to receive a good faith transmittal provided in accordance with this paragraph may not be grounds to challenge the effectiveness of a plan, ordinance or amendment under this act.

(2) The municipality shall retain a written or electronic record of every transmittal and all comments and recommendations under paragraph (3).

(3) If an authorized transmittal is for comments or recommendations under this act, the comments and recommendations may be transmitted to the municipality electronically.

Section 2. Nothing in this act shall be deemed to invalidate any electronic transmittal of plans, ordinances or amendments made prior to the effective date of this section.

Section 3. This act shall take effect in 60 days.

APPROVED--The 8th day of July, A.D. 2024.

JOSH SHAPIRO