PRINTER'S NO. 955
No. 848 Session of 1977
INTRODUCED BY O'CONNELL, BURNS, PYLES, HOPKINS, BRANDT, HARPER,
MEBUS, CIMINI, SHUMAN, NOYE, SALVATORE, THOMAS, DeVERTER,
J. L. WRIGHT JR., FISCHER, WILT, MILLER, SPENCER, SIRIANNI,
GRIECO, GARZIA, E. Z. TAYLOR, E. H. SMITH, FREIND,
LETTERMAN AND DAVIES, MARCH 30, 1977
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 30, 1977
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 class A
6 through eighth classes, individually or jointly, to plan
7 their development and to govern the same by zoning,
8 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; providing for
12 the establishment of planning commissions, planning
13 departments, planning committees and zoning hearing boards,
14 authorizing them to charge fees, make inspections and hold
15 public hearings; providing for appropriations, appeals to
16 courts and penalties for violations; and repealing acts and
17 parts of acts," further providing for flood planning.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 105, act of July 31, 1968 (P.L.805,
21 No.247), known as the "Pennsylvania Municipalities Planning
22 Code," amended June 1, 1972 (P.L.333, No.93), is amended to
23 read:
24 Section 105. Purpose of Act.--It is the intent, purpose and
1 scope of this act to protect and promote safety, health and
2 morals; to establish a program of flood plain management in all
3 municipalities including cities of the first and second class;
4 to accomplish a coordinated development of all municipalities,
5 other than cities of the first and second class; to provide for
6 the general welfare by guiding and protecting amenity,
7 convenience, future governmental, economic, practical, and
8 social and cultural facilities, development and growth, as well
9 as the improvement of governmental processes and functions; to
10 guide uses of land and structures, type and location of streets,
11 public grounds and other facilities; and to permit
12 municipalities, other than cities of the first and second class,
13 to minimize such problems as may presently exist or which may be
14 foreseen. It is the further intent of this act that any
15 recommendations made by any planning agency to any governing
16 body shall be advisory only.
17 Section 2. Clauses (13) and (20) of section 107 of the act,
18 clause (13) amended June 1, 1972 (P.L.333, No.93), are amended
19 and the section is amended by adding clauses to read:
20 Section 107. Definitions.--As used in this act, except where
21 the context clearly indicates otherwise, the following words or
22 phrases have the meaning indicated below:
23 * * *
24 (3.1) "Appurtenant structure," a structure which is on the
25 same parcel of property as the principal structure to be insured
26 and the use of which is incidental to the use of the principal
27 structure.
28 (3.2) "Area of special flood hazard," is the land in the
29 flood plain within a community subject to a one percent or
30 greater chance of flooding in any given year.
19770H0848B0955 - 2 -
1 (3.3) "Base flood," the flood having a one percent chance of
2 being equalled or exceeded in any given year.
3 * * *
4 (6.1) "Development." any man-made change to improved or
5 unimproved real estate, including but not limited to buildings
6 or other structures, mining, dredging, filling, grading, paving,
7 excavation or drilling operations.
8 * * *
9 (9.1) "Existing construction," for the purposes of
10 determining rates, structures for which the "start of
11 construction" commenced before the effective date of the FIRM or
12 before January 1, 1975, for FIRMs effective before that date.
13 "Existing construction" may also be referred to as "existing
14 structures."
15 (9.2) "Flood" or flooding":
16 (1) A general and temporary condition of partial or complete
17 inundation of normally dry land areas from; (i) the overflow of
18 inland or tidal waters, (ii) the unusual and rapid accumulation
19 or runoff of surface waters from any source, (iii) mudslides
20 (i.e., mudflows), which are proximately caused or precipitated
21 by accumulations of water on or under the ground.
22 (2) The collapse or subsidence of land along the shore of a
23 lake or other body of water as a result of erosion or
24 undermining caused by waves or currents of water exceeding
25 anticipated cyclical levels or suddenly caused by an unusually
26 high water level in a natural body of water, accompanied by a
27 severe storm, or by an unanticipated force of nature, such as
28 flash flood or an abnormal tidal surge, or by some similarly
29 unusual and unforeseeable event which results in flooding.
30 (9.3) "Flood hazard boundary map," (FHBM) an official map of
19770H0848B0955 - 3 -
1 a community, issued by the national administrator, where the
2 boundaries of the flood, mudslide (i.e., mudflow) related
3 erosion areas having special hazards have been designated as
4 Zone A.M. and/or E under the National Flood Insurance Program
5 regulations.
6 (9.4) "Flood insurance rate map," (FIRM) an official map of
7 a community, on which the national administrator has delineated
8 both the special hazard areas and the risk premium zones
9 applicable to the community.
10 (9.5) "Flood plain" or "flood-prone area," any land area
11 susceptible to being inundated by water from any source (see
12 definition of "flooding").
13 (9.6) "Flood plain management," the operation of an overall
14 program of corrective and preventive measures for reducing flood
15 damage, including but not limited to emergency preparedness
16 plans, flood control works and flood plain management
17 regulations.
18 (9.7) "Flood plain management regulations," zoning
19 ordinances, subdivision regulations, building codes, health
20 regulations, special purpose ordinances (such as a flood plain
21 ordinance, grading ordinance and erosion control ordinance) and
22 other applications of police power. The term describes such
23 State or local regulations, in any combination thereof, which
24 provide standards for the purpose of flood damage prevention and
25 reduction.
26 (9.8) "Flood protection system," those physical structural
27 works for which funds have been authorized, appropriated, and
28 expended and which have been constructed specifically to modify
29 flooding in order to reduce the extent of the area within a
30 community subject to a "special flood hazard" and the extent of
19770H0848B0955 - 4 -
1 the depths of associated flooding. Such a system typically
2 includes hurricane tidal barriers, dams, reservoirs, levees or
3 dikes. These specialized flood modifying works are those
4 constructed in conformance with sound engineering standards.
5 (9.9) "Floodproofing," any combination of structural and
6 nonstructural additions, changes, or adjustments to structures
7 which reduce or eliminate flood damage to real estate or
8 improved real property, water and sanitary facilities,
9 structures and their contents.
10 * * *
11 (13) "Municipality," any city of the second class A or third
12 class, borough, incorporated town, township of the first or
13 second class, county of the second class A through eighth class,
14 or any similar general purpose unit of government which shall
15 hereafter be created by the General Assembly and in those
16 provisions of the act which apply to flood plain management
17 programs, includes cities of the first and second class in
18 addition to the municipalities heretofore enumerated.
19 * * *
20 (13.3) "Person," includes State and local governments and
21 agencies.
22 * * *
23 (16.1) "Principally above ground," that at least fifty-one
24 percent of the actual cash value of the structure, less land
25 value, is above ground.
26 * * *
27 (18.1) "Regulatory floodway," the channel of a river or
28 other watercourse and the adjacent land areas that must be
29 reserved in order to discharge the base flood without
30 cumulatively increasing the water surface elevation more than a
19770H0848B0955 - 5 -
1 designated height.
2 (18.2) "Riverine," relating to, formed by, or resembling a
3 river (including tributaries), stream, brook, etc.
4 (18.3) "Special hazard area," an area having special flood,
5 mudslide (i.e., mudflow) and/or flood-related erosion hazards,
6 and shown on a FHBM or FIRM.
7 (18.4) "Start of construction," the first placement of
8 permanent construction of a structure (other than a mobilehome)
9 on a site, such as the pouring of slabs or footings or any work
10 beyond the stage of excavation. Permanent construction does not
11 include land preparation, such as clearing, grading and filling;
12 nor does it include the installation of streets and/or walkways;
13 nor does it include excavation for a basement, footings, piers
14 or foundations or the erection of temporary forms; nor does it
15 include the installation on the property of accessory buildings,
16 such as garages or sheds not occupied as dwelling units or not
17 as part of the main structure. For a structure (other than a
18 mobilehome) without a basement or poured footings, the "start of
19 construction" includes the first permanent framing or assembly
20 of the structure or any part thereof on its piling or
21 foundation. For mobilehomes not within a mobilehome park or
22 mobilehome subdivision, "start of construction" means the
23 affixing of the mobilehome to its permanent site. For
24 mobilehomes within mobilehome parks or mobilehome subdivisions,
25 "start of construction" is the date on which the construction of
26 facilities for servicing the site on which the mobilehome is to
27 be affixed (including, at a minimum, the construction of
28 streets, either final site grading or the pouring of concrete
29 pads, and installation of utilities) is completed.
30 (18.5) "State coordinating agency," the agency of the State
19770H0848B0955 - 6 -
1 Government, or other office designated by State statute at the
2 request of the administrator to assist in the implementation of
3 the National Flood Insurance Program in that State.
4 * * *
5 (20) "Structure," any man-made object having an
6 ascertainable stationary location on or in land or water,
7 whether or not affixed to the land and for flood plain
8 management purposes, "structure" means a walled and roofed
9 building, including a gas or liquid storage tank, that is
10 principally above ground, as well as a mobilehome. "Structure,"
11 for insurance coverage purposes, means a walled and roofed
12 building, other than a gas or liquid storage tank, that is
13 principally above ground and affixed to a permanent site, as
14 well as a mobilehome on foundation. For the latter purpose, the
15 term includes a building while in the course of construction,
16 alteration or repair, but does not include building materials or
17 supplies intended for use in such construction, alteration or
18 repair, unless such materials or supplies are within an enclosed
19 building on the premises.
20 * * *
21 (22) "Substantial improvement," any repair, reconstruction
22 or improvement of a structure, the cost of which equals or
23 exceeds fifty percent of the market value of the structure
24 either, (i) before the improvement or repair is slated, or (ii)
25 if the structure has been damaged and is being restored before
26 the damage occurred. For the purposes of this definition
27 "substantial improvement" is considered to occur when the first
28 alteration of any wall, ceiling, floor, or other structural part
29 of the building commences, whether or not that alteration
30 affects the external dimensions of the structure. The term does
19770H0848B0955 - 7 -
1 not, however, include either (i) any project for improvement of
2 a structure to comply with existing State or local health,
3 sanitary, or safety code specifications which are solely
4 necessary to assure safe living conditions, or (ii) any
5 alteration of a structure listed on the National Register of
6 Historic Places or a State Inventory of Historic Places.
7 (23) "Variance," a grant of relief by a community from the
8 terms of a flood plain management regulation.
9 Section 3. Section 201 of the act is amended to read:
10 Section 201. Creation of Planning Agencies.--The governing
11 body of [any municipality] every municipality shall have the
12 duty to establish a program of flood plain management to provide
13 for the municipality's compliance with the Federal Flood
14 Insurance Program and to insure the municipality's eligibility
15 for Federal flood insurance and shall have the power to create
16 or abolish, by ordinance, a planning commission or planning
17 department, or both. An ordinance which creates both a planning
18 commission and a planning department shall specify which of the
19 powers and duties conferred on planning agencies by this act;
20 each shall exercise and may confer upon each additional powers,
21 duties and advisory functions not inconsistent with this act. In
22 lieu of a planning commission or planning department, the
23 governing body may elect to assign the powers and duties
24 conferred by this act upon a planning committee comprised of
25 members appointed from the governing body. The engineer for the
26 municipality, or an engineer appointed by the governing body,
27 shall serve the planning agency as engineering advisor.
28 Section 4. Section 209.1 of the act, added June 1, 1972
29 (P.L.333, No.93) is amended to read:
30 Section 209.1. Powers and Duties of Planning Agency.--(a)
19770H0848B0955 - 8 -
1 The planning agency shall at the request of the governing body
2 have the power and shall be required to:
3 (1) Prepare the comprehensive plan for the development of
4 the municipality as set forth in this act, and present it for
5 the consideration of the governing body;
6 (2) Maintain and keep on file records of its action. All
7 records and files of the planning agency shall be in the
8 possession of the governing body.
9 (b) The planning agency at the request of the governing body
10 may:
11 (1) Make recommendations to the governing body concerning
12 the adoption or amendment of an official map, which map shall
13 include an overlay, or some other convenient and intelligible
14 representation of the official flood hazard boundary map or
15 flood insurance rate map for that municipality;
16 (2) Prepare and present to the governing body of the
17 municipality a zoning ordinance, and make recommendations to the
18 governing body on proposed amendments to it as set forth in this
19 act;
20 (2.1) Prepare and administer a flood plain management
21 program which will keep the municipality in compliance with
22 Federal Flood Insurance Program regulations and eligible for
23 Federal flood insurance;
24 (3) Prepare, recommend and administer subdivision and land
25 development, planned residential development regulations, as set
26 forth in this act;
27 (4) Prepare and present to the governing body of the
28 municipality a building code and a housing code and make
29 recommendations concerning proposed amendments thereto;
30 (5) Do such other act or make such studies as may be
19770H0848B0955 - 9 -
1 necessary to fulfill the duties and obligations imposed by this
2 act;
3 (6) Prepare and present to the governing body of the
4 municipality an environmental study;
5 (7) Submit to the appointing authority of a municipality a
6 recommended capital improvements program;
7 (8) Promote public interest in, and understanding of, the
8 comprehensive plan and planning;
9 (9) Make recommendations to governmental, civic and private
10 agencies and individuals as to the effectiveness of the
11 proposals of such agencies and individuals;
12 (10) Hold public hearings and meetings;
13 (11) Require from other departments and agencies of the
14 municipality such available information as relates to the work
15 of the planning agency;
16 (12) In the performance of its functions, enter upon any
17 land to make examinations and surveys with the consent of the
18 owner.
19 (c) In the performance of its powers and duties, any act or
20 recommendation of the planning agency which involves engineering
21 consideration, shall be subject to review and comments of the
22 engineer, which shall be incorporated and separately set forth
23 in any report, written act or recommendation of the planning
24 agency.
25 Section 5. Section 210 of the act is amended to read:
26 Section 210. Administrative and Technical Assistance.--The
27 appointing authority may employ administrative and technical
28 services to aid in carrying out the provisions of this act
29 either as consultants on particular matters or as regular
30 employes of the municipality. A county planning agency, with the
19770H0848B0955 - 10 -
1 consent of its governing body may perform planning services or
2 flood plain management services for any city, borough,
3 incorporated town or township whose governing body requests such
4 assistance and may enter into agreements or contracts for such
5 work.
6 Section 6. Section 301 of the act, amended June 1, 1972
7 (P.L.333, No.93), is amended to read:
8 Section 301. Preparation of Comprehensive Plan.--The
9 comprehensive plan, consisting of maps, charts and textual
10 matter, shall indicate the recommendations of the planning
11 agency for the continuing development of the municipality. The
12 comprehensive plan shall include, but need not be limited to,
13 the following related basic elements:
14 (1) A statement of objectives of the municipality concerning
15 its future development;
16 (2) A plan for land use, which may include the amount,
17 intensity, and character of land use proposed for residence,
18 industry, business, agriculture, major traffic and transit
19 facilities, public grounds, flood [plans] plains and other areas
20 of special hazards and other similar uses;
21 (3) A plan for movement of people and goods, which may
22 include expressways, highways, local street systems, parking
23 facilities, mass transit routes, terminals, airfields, port
24 facilities, railroad facilities and other similar facilities or
25 uses;
26 (4) A plan for community facilities and utilities, which may
27 include public and private education, recreation, municipal
28 buildings, libraries, water supply, sewage disposal, refuse
29 disposal, storm drainage, hospitals, and other similar uses; and
30 (5) [A map or statement indicating the relationship of the
19770H0848B0955 - 11 -
1 municipality and its proposed development to adjacent
2 municipalities and areas.] A map, including an official flood
3 hazard boundary map or flood insurance rate map and a statement
4 of the economic and physical impact of the municipality's
5 proposed development program and its flood plain management
6 program on the municipality and the adjacent municipalities.
7 Notice of the adoption of any such development or flood plain
8 management program or of any changes therein shall be provided
9 to any county planning commission and to the appropriate river
10 basin commission.
11 In preparing the comprehensive plan the planning agency shall
12 make careful surveys and studies of existing conditions and
13 prospects for future growth in the municipality.
14 Section 7. Section 401 of the act is amended to read:
15 Section 401. Grant of Power.--The governing body of each
16 municipality shall have the power to make or cause to be made
17 surveys of the exact location of the lines of existing and
18 proposed public streets, watercourses and public grounds,
19 including widenings, narrowings, extensions, diminutions,
20 openings or closing of same, for the whole of the municipality
21 and, by ordinance, to adopt such surveys as the official map, or
22 part thereof, of the municipality. The governing body, by
23 amending ordinances, may make additions or modifications to the
24 official map, or part thereof, by adopting surveys of the exact
25 location of the lines of the public streets, watercourses or
26 public grounds to be so added or modified and may also vacate
27 any existing or proposed public street, watercourse or public
28 ground contained in the official map, or part thereof. Such
29 official map shall include an overlay, or some other convenient
30 and intelligible representation, of the official flood hazard
19770H0848B0955 - 12 -
1 boundary map or flood insurance rate map for that municipality.
2 Section 8. Section 501 of the act, amended June 1, 1972
3 (P.L.333, No.93), is amended to read:
4 Section 501. Grant of Power.--The governing body of each
5 municipality may regulate subdivisions and land development
6 within the municipality by enacting a subdivision and land
7 development ordinance which shall apply to all private and
8 public construction within the municipality. The ordinance may
9 require that all plats of land lying within the municipality
10 shall be submitted for approval to the governing body or in lieu
11 thereof to a planning agency designated in the ordinance for
12 this purpose. All powers granted herein to the governing body or
13 the planning agency shall be exercised in accordance with the
14 provisions of the subdivision and land development ordinance. In
15 the case of any development governed by an ordinance adopted
16 pursuant to Article VII, however, the applicable provisions of
17 the subdivision and land development ordinance shall be as
18 modified by such ordinance and the procedures which shall be
19 followed in the approval of any plat and the rights and duties
20 of the parties thereto shall be governed by Article VII and the
21 provisions of the ordinance adopted thereunder. Provisions
22 regulating mobilehome parks shall be set forth in separate and
23 distinct articles of any subdivision and land development
24 ordinance adopted pursuant to Article V, or any planned
25 residential development ordinance adopted pursuant to Article
26 VII.
27 Section 9. Sections 503 and 603 of the act are amended to
28 read:
29 Section 503. Contents of Subdivision and Land Development
30 Ordinance.--The subdivision and land development ordinance may
19770H0848B0955 - 13 -
1 include, but need not be limited to:
2 (1) Provisions for the submittal and processing of plats,
3 and specifications for such plats, including provisions for
4 preliminary and final approval and for processing of final
5 approval by stages or sections of development.
6 (2) Provisions for insuring that: (i) the layout or
7 arrangement of the subdivision or land development shall conform
8 to the comprehensive plan and to any regulations or maps adopted
9 in furtherance thereof; (ii) streets in and bordering a
10 subdivision or land development shall be coordinated, and be of
11 such widths and grades and in such locations as deemed necessary
12 to accommodate prospective traffic, and facilitate fire
13 protection; (iii) adequate easements or rights-of-way shall be
14 provided for drainage and utilities; (iv) reservations if any by
15 the developer of any area designed for use as public grounds
16 shall be suitable size and location for their designated uses;
17 [(v) and] (v) all subdivision and development plans shall
18 provide for the impoundment or other control of storm waters
19 generated on any site so that no more runoff is generated by the
20 proposed construction than the amount of runoff which had been
21 generated on the site in its original condition; and (vi) land
22 which is subject to flooding, subsidence or underground fires
23 either shall be made safe for the purpose for which such land is
24 proposed to be used, or that such land shall be set aside for
25 uses which shall not endanger life or property or further
26 aggravate or increase the existing menace in conformance with
27 Federal flood regulations so as to maintain the municipality's
28 eligibility for Federal flood insurance. Nothing in this section
29 shall be construed as prohibiting a municipality from enacting
30 flood plain management regulations which are more stringent than
19770H0848B0955 - 14 -
1 the applicable Federal regulations.
2 (3) Provisions governing the standards by which streets
3 shall be graded and improved, and walkways, curbs, gutters,
4 street lights, fire hydrants, water and sewage facilities and
5 other improvements shall be installed as a condition precedent
6 to final approval of plats.
7 (4) Provisions which take into account land development not
8 intended for the immediate erection of buildings where streets,
9 curbs, gutters, street lights, fire hydrants, water and sewage
10 facilities and other improvements may not be possible to install
11 as a condition precedent to final approval of plats, but will be
12 a condition precedent to the erection of buildings on lands
13 included in the approved plat.
14 (5) Provisions for encouraging and promoting flexibility
15 economy and ingenuity in the layout and design of subdivisions
16 and land developments including provisions authorizing the
17 planning agency to alter site requirements and for encouraging
18 other practices which are in accordance with modern and evolving
19 principles of site planning and development.
20 Section 603. Ordinance Provisions.--Zoning ordinances may
21 permit, prohibit, regulate, restrict and determine:
22 (1) Uses of land, watercourses and other bodies of water;
23 any prohibition, regulation or restriction enacted as a part of
24 a municipal flood plain management program shall constitute a
25 "taking" under the act of June 22, 1964 (2nd Sp.Sess., P.L.84,
26 No.6), known as the "Eminent Domain Code," whenever the value of
27 any affected property is adversely affected by such prohibition,
28 regulation or restriction to any substantial degree.
29 (2) Size, height, bulk, location, erection, construction,
30 repair, maintenance, alteration, razing, removal and use of
19770H0848B0955 - 15 -
1 structures;
2 (3) Areas and dimensions of land and bodies of water to be
3 occupied by uses and structures, as well as areas, courts,
4 yards, and other open spaces and distances to be left unoccupied
5 by uses and structures;
6 (4) Density of population and intensity of use.
7 In addition, zoning ordinances may contain:
8 (1) Provisions for special exceptions and variances
9 administered by the zoning hearing board, which provisions shall
10 be in accordance with this act;
11 (2) Provisions for conditional uses to be allowed or denied
12 by the governing body after recommendations by the planning
13 agency, pursuant to express standards and criteria set forth in
14 the ordinances;
15 (3) Provisions for the administration and enforcement of
16 such ordinances; and
17 (4) Such other provisions as may be necessary to implement
18 the purposes of this act.
19 Section 10. This act shall take effect immediately.
C21L32RCL/19770H0848B0955 - 16 -