Bill Text: PA HB1414 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for organization of board.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Introduced - Dead) 2011-04-28 - Referred to LOCAL GOVERNMENT [HB1414 Detail]

Download: Pennsylvania-2011-HB1414-Introduced.html

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PRINTER'S NO. 1688
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1414 Session of2011
INTRODUCED BY MUNDY, MURPHY, GOODMAN, FABRIZIO, BOBACK, CALTAGIRONE, FARRY AND SWANGER, APRIL 28, 2011
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 28, 2011
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," further providing for organization of board.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 906 of 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) and
amended November 19, 2004 (P.L.831, No.99), is amended to read:
Section 906. Organization of Board.--(a) The board shall
elect from its own membership its officers, who shall serve
annual terms as such and may succeed themselves. For the conduct
of any hearing and the taking of any action, a quorum shall be
not less than a majority of all the members of the board, but
the board may appoint a hearing officer from its own membership
to conduct any hearing on its behalf and the parties may waive
further action by the board as provided in section 908.
(b) (1) The chairman of the board may designate alternate
members of the board to replace any absent or disqualified
member [, and if,].
(2) If, by reason of absence or disqualification of a
member, a quorum is not reached, the chairman of the board
shall designate as many alternate members of the board to sit
on the board as may be needed to reach a quorum.
(3) If, by reason of disqualification of a member due to
conflict of interest, the chairman of the board shall
designate as many alternate members of the board to sit on
the board as may be needed to replace the disqualified
members.
(4) Any alternate member of the board shall continue to
serve on the board in all proceedings involving the matter or
case for which the alternate was initially appointed until
the board has made a final decision on the matter or case.
(5) 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.
(c) The board may make, alter and rescind rules and forms
for its procedure, consistent with ordinances of the
municipality and laws of the Commonwealth. The board shall keep
full public records of its business, which records shall be the
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property of the municipality, and shall submit a report of its
activities to the governing body as requested by the governing
body.
Section 2. This act shall take effect in 60 days.
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