PRIOR PRINTER'S NOS. 1755, 2158 PRINTER'S NO. 2525
No. 1512 Session of 1981
INTRODUCED BY J. L. WRIGHT, SWEET, STAIRS AND ITKIN, JUNE 3,
1981
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 10, 1981
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," providing for the promotion of energy
18 conservation and the maximum feasible EFFECTIVE utilization <--
19 of renewable energy sources.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The title, act of July 31, 1968 (P.L.805,
23 No.247), known as the "Pennsylvania Municipalities Planning
24 Code," amended June 1, 1972 (P.L.333, No.93), is amended to
25 read:
1 AN ACT
2 To empower cities of the second class A, and third class,
3 boroughs, incorporated towns, townships of the first and
4 second classes including those within a county of the second
5 class and counties of the second class A 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 provide for maximum <--
13 feasible PROMOTE THE EFFECTIVE utilization of renewable <--
14 energy 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 appropriations, appeals to courts and penalties for
19 violations; and repealing acts and parts of acts.
20 Section 2. Section 105 of the act, amended June 1, 1972
21 (P.L.333, No.93), is amended to read:
22 Section 105. Purpose of Act.--It is the intent, purpose and
23 scope of this act to protect and promote safety, health and
24 morals; to accomplish a coordinated development of
25 municipalities, other than cities of the first and second class;
26 to provide for the general welfare by guiding and protecting
27 amenity, convenience, future governmental, economic, practical,
28 and social and cultural facilities, development and growth, as
29 well as the improvement of governmental processes and functions;
30 to guide uses of land and structures, type and location of
19810H1512B2525 - 2 -
1 streets, public grounds and other facilities; to promote the
2 conservation of energy through the use of planning practices and
3 to provide for maximum feasible PROMOTE THE EFFECTIVE <--
4 utilization of renewable energy sources; and to permit
5 municipalities, other than cities of the first and second class,
6 to minimize such problems as may presently exist or which may be
7 foreseen. It is the further intent of this act that any
8 recommendations made by any planning agency to any governing
9 body shall be advisory only.
10 Section 3. The introductory paragraph of section 107 of the
11 act is amended and clauses are added to read:
12 Section 107. Definitions.--As used in this act, except where
13 the context clearly indicates otherwise, the following words or
14 phrases have the [meaning] meanings indicated below:
15 * * *
16 (3.1) "Climatic," means pertaining to the composite or
17 generally prevailing weather conditions of a region, such as
18 temperature, air pressure, humidity, precipitation, sunshine,
19 cloudiness and winds throughout the year, averaged over a series
20 of years.
21 * * *
22 (12.05) "Microclimatic," means pertaining to the variation
23 in regional climate at a specific site, caused by topography,
24 vegetation, soil, water conditions and construction.
25 * * *
26 (18.1) "Renewable energy source," means any method, process
27 or substance whose supply for energy planning purposes is <--
28 rejuvenated through natural processes and, subject to those
29 natural processes, remains relatively constant, including, but
30 not limited to, biomass conversion, geothermal energy, solar and
19810H1512B2525 - 3 -
1 wind energy and hydroelectric energy and excluding those sources
2 of energy used in the fission and fusion processes.
3 * * *
4 Section 4. Subsection (b) of section 209.1 of the act is
5 amended by adding a clause to read:
6 Section 209.1. Powers and Duties of Planning Agency.--* * *
7 (b) The planning agency at the request of the governing body
8 may:
9 * * *
10 (13) Prepare and present to the governing body of the
11 municipality a study regarding the feasibility and
12 practicability of using renewable energy sources in specific
13 areas within the municipality.
14 Section 5. Section 301 of the act, amended June 1, 1972
15 (P.L.333, No.93), is amended to read:
16 Section 301. Preparation of Comprehensive Plan.--The
17 comprehensive plan, consisting of maps, charts and textual
18 matter, shall indicate the recommendations of the planning
19 agency for the continuing development of the municipality. The
20 comprehensive plan shall include, but need not be limited to,
21 the following related basic elements:
22 (1) A statement of objectives of the municipality concerning
23 its future development;
24 (2) A plan for land use, which may include the amount,
25 intensity, and character of land use proposed for residence,
26 industry, business, agriculture, major traffic and transit
27 facilities, public grounds, flood plans and other areas of
28 special hazards and other similar uses;
29 (3) A plan for movement of people and goods, which may
30 include expressways, highways, local street systems, parking
19810H1512B2525 - 4 -
1 facilities, mass transit routes, terminals, airfields, port
2 facilities, railroad facilities and other similar facilities or
3 uses;
4 (4) A plan for community facilities and utilities, which may
5 include public and private education, recreation, municipal
6 buildings, libraries, water supply, sewage disposal, refuse
7 disposal, storm drainage, hospitals, and other similar uses;
8 [and]
9 (5) A map or statement indicating the relationship of the
10 municipality and its proposed development to adjacent
11 municipalities and areas; and
12 (6) An energy conservation plan element which systematically
13 analyzes the impact of each other component and element of the
14 comprehensive plan on the present and future use of energy in
15 the municipality, details specific measures contained in the
16 other plan elements designed to reduce energy consumption, and
17 proposes other measures that the municipality may take to reduce
18 energy consumption and to provide for the maximum feasible <--
19 PROMOTE THE EFFECTIVE utilization of renewable energy sources. <--
20 In preparing the comprehensive plan the planning agency shall
21 make careful surveys and studies of existing conditions and
22 prospects for future growth in the municipality.
23 Section 6. Section 604 of the act is amended by adding a
24 clause to read:
25 Section 604. Zoning Purposes.--The provisions of zoning
26 ordinances shall be designed:
27 * * *
28 (4) To promote energy conservation and the maximum feasible <--
29 EFFECTIVE utilization of renewable energy sources. <--
30 Section 7. Subsection (f) of section 705 and clause (4) of
19810H1512B2525 - 5 -
1 section 707 of the act, are amended to read:
2 Section 705. Standards and Conditions for Planned
3 Residential Development.--Every ordinance adopted pursuant to
4 the provisions of this article shall set forth all the
5 standards, conditions and regulations by which a proposed
6 planned residential development shall be evaluated, and said
7 standards, conditions and regulations shall be consistent with
8 the following provisions:
9 * * *
10 (f) The authority granted a municipality by Article V to
11 establish standards for the location, width, course and
12 surfacing of streets, walkways, curbs, gutters, street lights,
13 shade trees, water, sewage and drainage facilities, easements or
14 rights-of-way for drainage and utilities, reservations of public
15 grounds, regulations for the height, location, setback,
16 orientation and use of structures, regulations for the height
17 and location of vegetation with respect to boundary lines,
18 regulations for the type and location of renewable energy
19 systems or their components, regulations for the design and
20 construction of structures to encourage the use of renewable
21 energy systems, easements to ensure access to sunlight and
22 climatic and microclimatic consideration, and other
23 improvements, shall be vested in the governing body or its
24 designated agency for the purposes of this article. The
25 standards applicable to a particular planned residential
26 development may be different than or modifications of the
27 standards and requirements otherwise required of subdivisions
28 authorized under an ordinance adopted pursuant to Article V,
29 provided, however, that an ordinance adopted pursuant to this
30 article shall set forth the limits and extent of any
19810H1512B2525 - 6 -
1 modifications or changes in such standards and requirements in
2 order that a landowner shall know the limits and extent of
3 permissible modifications from the standards otherwise
4 applicable to subdivisions.
5 * * *
6 Section 707. Application for Tentative Approval of Planned
7 Residential Development.--In order to provide an expeditious
8 method for processing a development plan for a planned
9 residential development under the terms of an ordinance adopted
10 pursuant to the powers granted herein, and to avoid the delay
11 and uncertainty which would arise if it were necessary to secure
12 approval, by a multiplicity of local procedures, of a plat of
13 subdivision as well as approval of a change in the zoning
14 regulations otherwise applicable to the property, it is hereby
15 declared to be in the public interest that all procedures with
16 respect to the approval or disapproval of a development plan for
17 a planned residential development and the continuing
18 administration thereof shall be consistent with the following
19 provisions:
20 * * *
21 (4) The ordinance shall require only such information in the
22 application as is reasonably necessary to disclose to the
23 governing body or its designated agency: (i) the location, size
24 and topography of the site and the nature of the landowner's
25 interest in the land proposed to be developed; (ii) the density
26 of land use to be allocated to parts of the site to be
27 developed; (iii) the location and size of the common open space
28 and the form of organization proposed to own and maintain the
29 common open space; (iv) the use and the approximate height, bulk
30 and location of buildings and other structures; (v) the
19810H1512B2525 - 7 -
1 feasibility of proposals for the disposition of sanitary waste
2 and storm water; (vi) the substance of covenants, grants of
3 easements or other restrictions proposed to be imposed upon the
4 use of the land, buildings and structures including proposed
5 easements or grants for public utilities; (vii) the provisions
6 for parking of vehicles and the location and width of proposed
7 streets and public ways; (viii) the required modifications in
8 the municipal land use regulations otherwise applicable to the
9 subject property; (viii.1) the feasibility of proposals for
10 energy conservation and the maximum feasible EFFECTIVE <--
11 utilization of renewable energy sources; and (ix) in the case of
12 development plans which call for development over a period of
13 years, a schedule showing the proposed times within which
14 applications for final approval of all sections of the planned
15 residential development are intended to be filed and this
16 schedule must be updated annually, on the anniversary of its
17 approval, until the development is completed and accepted;
18 * * *
19 Section 8. The Department of Community Affairs, in
20 cooperation with any appropriate agency or instrumentality of
21 the Commonwealth, shall cooperate fully with political
22 subdivisions in implementing the provisions of this act. In
23 addition, the Department of Community Affairs shall publish
24 guidelines within one year after the effective date of this act
25 to assist political subdivisions responding to its provisions.
26 Section 9. Except for the provisions of section 301 which
27 shall take effect one year from the effective date of this act,
28 and which shall be applicable to AND AMENDED INTO all new and <--
29 existing comprehensive plans, this act shall take effect in 60
30 days.
D30L53JLW/19810H1512B2525 - 8 -