PRIOR PRINTER'S NO. 340 PRINTER'S NO. 3121
No. 13 Session of 1999
INTRODUCED BY STEIL, FREEMAN, YOUNGBLOOD, STURLA, KREBS,
MASLAND, MAITLAND, LEVDANSKY, HERSHEY, PLATTS, MUNDY, ARGALL,
ORIE, McILHINNEY, CORRIGAN, TRELLO, CLYMER, E. Z. TAYLOR,
BELARDI, BARRAR, MELIO, HARHAI, VAN HORNE, RUBLEY, DALLY,
BATTISTO, WILLIAMS, S. MILLER, BARD, STEELMAN, ADOLPH,
FRANKEL AND GRUCELA, FEBRUARY 8, 1999
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 14, 2000
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 the purpose of the act;
21 adding certain definitions; further providing for various
22 matters relating to the comprehensive plan and for compliance
23 by counties; providing for funding for municipal planning;
24 providing for neighboring municipalities, for infrastructure
25 and public services and for county review; further providing
26 for certain ordinances; and adding provisions relating to
27 projects of regional impact.
28 AMENDING THE ACT OF JULY 31, 1968 (P.L.805, NO.247), ENTITLED, <--
29 AS AMENDED, "AN ACT TO EMPOWER CITIES OF THE SECOND CLASS A,
1 AND THIRD CLASS, BOROUGHS, INCORPORATED TOWNS, TOWNSHIPS OF
2 THE FIRST AND SECOND CLASSES INCLUDING THOSE WITHIN A COUNTY
3 OF THE SECOND CLASS AND COUNTIES OF THE SECOND THROUGH EIGHTH
4 CLASSES, INDIVIDUALLY OR JOINTLY, TO PLAN THEIR DEVELOPMENT
5 AND TO GOVERN THE SAME BY ZONING, SUBDIVISION AND LAND
6 DEVELOPMENT ORDINANCES, PLANNED RESIDENTIAL DEVELOPMENT AND
7 OTHER ORDINANCES, BY OFFICIAL MAPS, BY THE RESERVATION OF
8 CERTAIN LAND FOR FUTURE PUBLIC PURPOSE AND BY THE ACQUISITION
9 OF SUCH LAND; TO PROMOTE THE CONSERVATION OF ENERGY THROUGH
10 THE USE OF PLANNING PRACTICES AND TO PROMOTE THE EFFECTIVE
11 UTILIZATION OF RENEWABLE ENERGY SOURCES; PROVIDING FOR THE
12 ESTABLISHMENT OF PLANNING COMMISSIONS, PLANNING DEPARTMENTS,
13 PLANNING COMMITTEES AND ZONING HEARING BOARDS, AUTHORIZING
14 THEM TO CHARGE FEES, MAKE INSPECTIONS AND HOLD PUBLIC
15 HEARINGS; PROVIDING FOR MEDIATION; PROVIDING FOR TRANSFERABLE
16 DEVELOPMENT RIGHTS; PROVIDING FOR APPROPRIATIONS, APPEALS TO
17 COURTS AND PENALTIES FOR VIOLATIONS; AND REPEALING ACTS AND
18 PARTS OF ACTS," FURTHER PROVIDING FOR THE PURPOSE OF THE ACT;
19 ADDING CERTAIN DEFINITIONS; FURTHER PROVIDING FOR VARIOUS
20 MATTERS RELATING TO THE COMPREHENSIVE PLAN AND FOR COMPLIANCE
21 BY COUNTIES; PROVIDING FOR FUNDING FOR MUNICIPAL PLANNING;
22 PROVIDING FOR NEIGHBORING MUNICIPALITIES, FOR INFRASTRUCTURE
23 AND PUBLIC SERVICES AND FOR COUNTY REVIEW; FURTHER PROVIDING
24 FOR CERTAIN ORDINANCES; ADDING PROVISIONS RELATING TO
25 PROJECTS OF REGIONAL IMPACT; AND PROVIDING FOR TRADITIONAL
26 NEIGHBORHOOD DEVELOPMENT.
27 The General Assembly of the Commonwealth of Pennsylvania
28 hereby enacts as follows:
29 Section 1. Section 105 of the act of July 31, 1968 (P.L.805, <--
30 No.247), known as the Pennsylvania Municipalities Planning Code,
31 reenacted and amended December 21, 1988 (P.L.1329, No.170), is
32 amended to read:
33 Section 105. Purpose of Act.--It is the intent, purpose and
34 scope of this act to protect and promote safety, health and
35 morals; to accomplish coordinated development; to provide for
36 the general welfare by guiding and protecting amenity,
37 convenience, future governmental, economic, practical, and
38 social and cultural facilities, development and growth, as well
39 as the improvement of governmental processes and functions; to
40 guide uses of land and structures, type and location of streets,
41 public grounds and other facilities; to promote the conservation
42 of energy through the use of planning practices and to promote
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1 the effective utilization of renewable energy sources; to
2 promote the preservation of this Commonwealth's natural
3 resources, open space and valuable farmland; to encourage
4 municipalities to prepare municipal or joint municipal
5 comprehensive plans consistent with the county policy plan; to
6 encourage the preservation of agricultural land areas through
7 easements, transfer of development rights and rezoning; to
8 encourage the revitalization of established urban centers; and
9 to permit municipalities to minimize such problems as may
10 presently exist or which may be foreseen.
11 Section 2. Section 107 of the act is amended by adding
12 definitions to read:
13 Section 107. Definitions.--(a) The following words and
14 phrases when used in this act shall have the meanings given to
15 them in this subsection unless the context clearly indicates
16 otherwise:
17 * * *
18 "Consistent," that which any two or more governmental bodies
19 of lands which abut shall agree is consistent with each other's
20 comprehensive plan, is deemed to be consistent with the
21 comprehensive plan of each.
22 * * *
23 "County policy plan," a land use and growth management policy
24 plan prepared by the county planning commission which
25 establishes broad goals and criteria for municipalities to use
26 in preparation of their comprehensive plans and land use
27 regulation and which is consistent with the State policy plan.
28 * * *
29 "Multimunicipal planning agency," a planning agency comprised
30 of representatives of more than one municipality and constituted
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1 to address, on behalf of the participating municipalities,
2 regional issues, including, but not limited to, agricultural and
3 open space preservation, natural and cultural resources,
4 transportation, housing and economic development.
5 * * *
6 "Regional planning agency," a planning agency that is
7 comprised of representatives of more than one county. Regional
8 planning responsibilities shall include, but not be limited to,
9 providing technical assistance to counties and municipalities,
10 preparing a regional plan consistent with the State policy plan,
11 mediating conflicts across county lines and reviewing county
12 policy plans for consistency with one another.
13 * * *
14 "State policy plan," a comprehensive land use and growth
15 management policy plan prepared by the State Planning Board for
16 this Commonwealth which sets broad goals and criteria for
17 municipalities and counties to use in the preparation of their
18 comprehensive plans and land use regulation.
19 * * *
20 Section 3. The act is amended by adding a section to read:
21 Section 212. Intergovernmental Cooperation.--The governing
22 body may utilize the authority granted under 53 Pa.C.S. Pt. III
23 Subpt. D (relating to area government and intergovernmental
24 cooperation).
25 Section 4. Sections 301 and 301.4 of the act are amended to
26 read:
27 Section 301. Preparation of Comprehensive Plan.--(a) The
28 comprehensive plan, consisting of maps, charts and textual
29 matter, shall include, but need not be limited to, the following
30 related basic elements:
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1 (1) A statement of objectives of the municipality
2 concerning its future development, including, but not limited
3 to, the location, character and timing of future development,
4 that may also serve as a statement of community development
5 objectives as provided in section 606.
6 (2) A plan for land use, which may include provisions
7 for the amount, intensity, character and timing of land use
8 proposed for residence, industry, business, agriculture,
9 major traffic and transit facilities, utilities, community
10 facilities, public grounds, parks and recreation,
11 preservation of [prime] agricultural lands, flood plains and
12 other areas of special hazards and other similar uses.
13 (2.1) A plan to meet the housing needs of present
14 residents and of those individuals and families anticipated
15 to reside in the municipality, which may include conservation
16 of presently sound housing, rehabilitation of housing in
17 declining neighborhoods and the accommodation of expected new
18 housing in different dwelling types and at appropriate
19 densities for households of all income levels.
20 (3) A plan for movement of people and goods, which may
21 include expressways, highways, local street systems, parking
22 facilities, pedestrian and bikeway systems, public transit
23 routes, terminals, airfields, port facilities, railroad
24 facilities and other similar facilities or uses.
25 (4) A plan for community facilities and utilities, which
26 may include public and private education, recreation,
27 municipal buildings, fire and police stations, libraries,
28 hospitals, water supply and distribution, sewerage and waste
29 treatment, solid waste management, storm drainage, and flood
30 plain management, utility corridors and associated
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1 facilities, and other similar facilities or uses.
2 (4.1) A statement of the interrelationships among the
3 various plan components, which may include an estimate of the
4 environmental, energy conservation, fiscal, economic
5 development and social consequences on the municipality.
6 (4.2) A discussion of short- and long-range plan
7 implementation strategies, which may include implications for
8 capital improvements programming, new or updated development
9 regulations, and identification of public funds potentially
10 available.
11 (5) A statement indicating [the relationship of the]
12 that the existing and proposed development of the
13 municipality [to] is consistent with the existing and
14 proposed development and plans in contiguous municipalities,
15 [to] with the objectives and plans [for development in the
16 county of which it is a part, and to regional trends.] of the
17 regional planning agency, with the county policy plan and
18 with the State policy plan.
19 (6) A plan for the protection of natural and cultural
20 resources identified as requiring protection by Federal,
21 State or county agencies or by the municipality, with
22 documentation provided in the comprehensive plan. This clause
23 includes, but is not limited to, air quality, wetlands and
24 aquifer recharge zones, woodlands, steep slopes, farmland
25 types, floodplains, unique natural areas and historic sites.
26 (b) The comprehensive plan [may] shall include a plan for
27 the reliable supply of water, considering current and future
28 water resources availability, uses and limitations, including
29 provisions adequate to protect water supply sources. Any such
30 plan shall be consistent with the State Water Plan and any
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1 applicable water resources plan adopted by a river basin
2 commission.
3 (c) Except for counties of the second class, the municipal
4 or multimunicipal comprehensive plan shall be updated at least
5 every ten years. The municipal or multimunicipal comprehensive
6 plan shall be subject to joint review and comment by the
7 municipalities and the county planning commissions or, upon
8 request of a county planning commission, a regional planning
9 commission whenever the comprehensive plan is updated or at ten-
10 year intervals, whichever comes first, to determine that the
11 municipal comprehensive plan is consistent with the county
12 policy plan.
13 Section 301.4. Compliance by Counties.--(a) If a county
14 does not have a [comprehensive] policy plan, then that county
15 shall, within three years of the effective date of this act, and
16 with the active participation of the local municipalities within
17 the respective county, prepare and adopt a [comprehensive]
18 policy plan in accordance with the requirements of section 301.
19 Municipal comprehensive plans which are adopted shall be
20 [generally] consistent with the adopted county [comprehensive]
21 policy plan. Final adoption of a county policy plan shall be
22 subject to review and comments by the State Planning Board to
23 promote consistency and monitor growth and development
24 throughout this Commonwealth.
25 (b) County policy plans shall be consistent with the State
26 policy plan and shall include the following:
27 (1) identify areas designated for conservation of
28 important natural resources;
29 (2) identify areas designated for growth or limited
30 growth, in relation to planned infrastructure, such as
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1 highways, water and sewers; and
2 (3) identify areas suitable for proposed land uses which
3 have a regional impact and significance, such as large
4 shopping centers, major industrial parks, mines and related
5 activities, office parks, storage facilities, large
6 residential developments, regional entertainment and
7 recreational complexes, hospitals, airports and port
8 facilities.
9 (c) County planning commissions should provide
10 municipalities in their county with advisory guidelines that
11 would promote consistency with the adopted county policy plan.
12 These guidelines shall promote consistency with respect to local
13 planning and zoning terminology and common types of municipal
14 land use regulations, including methods of evaluation of
15 infrastructure adequacy to meet the requirements of section
16 503.2.
17 Section 5. The act is amended by adding a section to read:
18 Section 301.5. Funding of Municipal Planning.--Priority for
19 State grants to develop or revise comprehensive plans shall be
20 given to those municipalities which agree to adopt comprehensive
21 plans consistent with the county policy plan and which agree to
22 enact a new zoning ordinance or amendment which would fully
23 implement the municipal comprehensive plan. Municipalities and
24 counties shall comply with these agreements within two years
25 unless such period is extended by the grant-making agency for
26 good cause shown. Failure to comply with the agreements shall be
27 taken into consideration for future State funding.
28 Section 6. Sections 302, 303 and 306 of the act are amended
29 to read:
30 Section 302. Adoption of Comprehensive Plan and Plan
19990H0013B3121 - 8 -
1 Amendments.--(a) The governing body shall have the power to
2 adopt and amend the comprehensive plan as a whole or in parts.
3 Before adopting or amending a comprehensive plan, or any part
4 thereof, the planning agency shall hold at least one public
5 meeting pursuant to public notice before forwarding the proposed
6 comprehensive plan or amendment thereof to the governing body.
7 In reviewing the proposed comprehensive plan, the governing body
8 shall consider the review comments of the county, contiguous
9 municipalities and the school district, as well as the public
10 meeting comments and the recommendations of the municipal
11 planning agency. The comments of the county, contiguous
12 municipalities and the local school district shall be made to
13 the governing body within 45 days of receipt, and the proposed
14 plan or amendment thereto shall not be acted upon until such
15 comment is received. If, however, the contiguous municipalities
16 and the local school district fail to respond within 45 days,
17 the governing body may proceed without their comments.
18 (b) The governing body shall hold at least one public
19 hearing pursuant to public notice. If, after the public hearing
20 held upon the proposed plan or amendment to the plan, the
21 proposed plan or proposed amendment thereto is substantially
22 revised, the governing body shall hold another public hearing,
23 pursuant to public notice, before proceeding to vote on the plan
24 or amendment thereto.
25 (c) The adoption of the comprehensive plan, or any part
26 thereof, or any amendment thereto, shall be by resolution
27 carried by the affirmative votes of not less than a majority of
28 all the members of the governing body. The resolution shall
29 refer expressly to the maps, charts, textual matter, and other
30 matters intended to form the whole or part of the plan, and the
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1 action shall be recorded on the adopted plan or part.
2 (d) Counties shall formally consider amendments to their
3 policy plan proposed by municipalities which are considering
4 adoption or revision of their municipal comprehensive plans so
5 as to achieve consistency between the respective plans. Except
6 for counties of the second class, county policy plans shall be
7 updated at least every five years. County policy plans shall be
8 consistent with municipal comprehensive plans except that where
9 two or more municipalities request amendments to a county policy
10 plan to make it consistent with a multimunicipal plan, the
11 county must accept the amendments unless good cause for their
12 refusal is established.
13 Section 303. Legal Status of Comprehensive Plan Within the
14 Jurisdiction that Adopted the Plan.--(a) Whenever the governing
15 body, pursuant to the procedures provided in section 302, has
16 adopted a comprehensive plan or any part thereof, any subsequent
17 proposed action of the governing body, its departments, agencies
18 and appointed authorities shall be submitted to the planning
19 agency for its recommendations when the proposed action relates
20 to:
21 (1) the location, opening, vacation, extension,
22 widening, narrowing or enlargement of any street, public
23 ground, pierhead or watercourse;
24 (2) the location, erection, demolition, removal or sale
25 of any public structure located within the municipality;
26 (3) the adoption, amendment or repeal of an official
27 map, subdivision and land development ordinance, zoning
28 ordinance or provisions for planned residential development,
29 or capital improvements program; or
30 (4) the construction, extension or abandonment of any
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1 water line, sewer line or sewage treatment facility.
2 (b) The recommendations of the planning agency including a
3 specific statement as to whether or not the proposed action is
4 in accordance with the objectives of the formally adopted
5 comprehensive plan shall be made in writing to the governing
6 body within 45 days.
7 [(c) Notwithstanding any other provision of this act, no
8 action by the governing body of a municipality shall be invalid
9 nor shall the same be subject to challenge or appeal on the
10 basis that such action is inconsistent with, or fails to comply
11 with, the provision of the comprehensive plan.]
12 (c.1) Municipal zoning, subdivision and land development
13 regulations and capital improvement programs shall fully
14 implement the municipal comprehensive plan or, where none
15 exists, the municipal statement of community development
16 objectives and the county policy plan.
17 Section 306. Municipal and County Comprehensive Plans.--(a)
18 When a municipality having a comprehensive plan is located in a
19 county which has adopted a comprehensive plan, both the county
20 and the municipality shall each give the plan of the other
21 consideration in order that the objectives of each plan can be
22 protected to the greatest extent possible.
23 (b) Within 30 days after adoption, the governing body of a
24 municipality, other than a county, shall forward a certified
25 copy of the comprehensive plan, or part thereof or amendment
26 thereto, to the county planning agency or, in counties where no
27 planning agency exists, to the governing body of the county in
28 which the municipality is located.
29 (c) Counties shall consult with municipalities and solicit
30 comment from school districts during the process of preparing or
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1 updating a policy plan in order to ascertain where
2 municipalities and school districts anticipate growth and where
3 additional infrastructure may be needed.
4 Section 7. The act is amended by adding sections to read:
5 Section 502.1. Neighboring Municipalities.--(a) The county
6 planning commission shall offer a mediation option to any
7 municipality which believes that its citizens will experience
8 harm as the result of a proposed subdivision or development of
9 land in a neighboring municipality. In exercising such an
10 option, the mediating parties shall meet the stipulations and
11 follow the procedures set forth in Article IX. The cost of the
12 mediation shall be shared equally by the disputing
13 municipalities unless otherwise agreed upon by the mediating
14 parties.
15 (b) In any instance where a municipality has a comprehensive
16 plan and implementing ordinances that are consistent with the
17 county plan, and a neighboring municipality that is considering
18 a change of use or subdivision and land development proposal
19 either does not have a comprehensive plan and ordinance
20 consistent with the county policy plan or the proposal requires
21 a variance from that consistent plan and ordinance, the
22 governing body of a neighboring municipality shall have standing
23 to appear before the governing body and the various boards and
24 commissions within a municipality considering a proposed
25 subdivision, change of land use or land development which they
26 determine will have a negative impact on the residents in their
27 municipality.
28 Section 503.2. Infrastructure and Public Services.--(a) It
29 is the intent of the General Assembly that public facilities and
30 services, which shall include public primary and secondary
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1 educational services needed to support development, shall be
2 available concurrent with the impacts of such development. In
3 meeting this intent, public facility and service availability
4 shall be deemed sufficient if the public facilities and services
5 for a development are phased so that the public facilities and
6 those related services which are deemed necessary by the local
7 government to operate the facilities necessitated by that
8 development are available concurrent with the impacts of the
9 development.
10 (b) The subdivision and land development ordinance shall
11 include provisions for insuring that, as a condition of
12 approval, a municipality will require that onsite and offsite
13 infrastructure and public services needed to support a
14 particular level of development will be identified and provided
15 concurrently with such development.
16 (c) The public services and infrastructure, unless already
17 available, are to be consistent with the municipality's
18 transportation capital improvements plan, Act 537 plan and
19 capital improvements plan for water supply.
20 (d) Approval of an application for a subdivision or a land
21 development may be delayed until the required infrastructure and
22 public services are in place and available.
23 (e) Exceptions may be granted in regard to transportation
24 infrastructure for geographical areas defined in the municipal
25 and county policy plans as:
26 (1) a downtown development or redevelopment area;
27 (2) an area where urban infill is to be encouraged; or
28 (3) an area where higher densities are to be encouraged
29 in order to utilize public transit.
30 (f) The infrastructure and services deemed necessary to
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1 support a development may occur in phases which are concurrent
2 with the phased completion of the development, if approval is
3 given by the local government.
4 Section 602.1. County Review; Dispute Resolution.--(a) A
5 municipal zoning ordinance that complies with sections 301(c)
6 and 303(d) creates an irrebuttable presumption that the
7 ordinance is compatible with the comprehensive plan.
8 (b) The county planning commission shall offer a mediation
9 option to any municipality which believes that its citizens will
10 experience harm as the result of the adoption of a zoning
11 ordinance or an amendment to an existing zoning ordinance in a
12 neighboring municipality. In exercising such an option, the
13 mediating parties shall meet the stipulations and follow the
14 procedures set forth in Article IX. The cost of the mediation
15 shall be shared equally by the disputing municipalities unless
16 otherwise agreed upon by the mediating parties.
17 (c) Where a municipality, either through its own
18 comprehensive plan and implementing ordinances, or through a
19 multimunicipal plan and implementing ordinances, is in
20 conformity with the county policy plan, and the county plan
21 taken together with consistent local municipal plans and
22 ordinances makes a reasonable amount of land in reasonable
23 geographic areas available for all uses dispersed throughout the
24 county, including a wide range of housing opportunities for all
25 income levels, a court shall consider all uses and zoning
26 densities available in the county rather than the specific
27 municipality whose ordinance is under review. The court shall
28 pay particular attention to the coordination of plans and
29 ordinances where the challenge to an ordinance involves the
30 conversion of land otherwise planned and zoned for agricultural
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1 uses, open space, natural and historic area preservation and
2 conservation to other uses.
3 (d) (1) Notwithstanding any statute or regulation to the
4 contrary, municipalities that enter into a joint municipal
5 zoning ordinance, in conformity with Article VIII-A, shall be
6 entitled to priority consideration when applying for State
7 financial assistance for programs, including, but not limited
8 to:
9 (i) Planning.
10 (ii) Economic development.
11 (iii) Housing.
12 (iv) PENNVEST.
13 (v) Department of Transportation.
14 (vi) Recreation.
15 (vii) Open space and farmland preservation.
16 (2) Municipalities that enter into a joint municipal
17 zoning ordinance, which complies to provisions of section
18 602.1(c) may also by agreement share tax revenues and fees
19 generated from municipalities located within the region.
20 Section 8. Section 603 of the act, amended December 14, 1992
21 (P.L.815, No.131), is amended to read:
22 Section 603. Ordinance Provisions.--(a) Zoning ordinances
23 should reflect the policy goals of the statement of community
24 development objectives required in section 606, and give
25 consideration to the character of the municipality, the needs of
26 the citizens and the suitabilities and special nature of
27 particular parts of the municipality.
28 (b) Zoning ordinances may permit, prohibit, regulate,
29 restrict and determine:
30 (1) Uses of land, watercourses and other bodies of
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1 water.
2 (2) Size, height, bulk, location, erection,
3 construction, repair, maintenance, alteration, razing,
4 removal and use of structures.
5 (3) Areas and dimensions of land and bodies of water to
6 be occupied by uses and structures, as well as areas, courts,
7 yards, and other open spaces and distances to be left
8 unoccupied by uses and structures.
9 (4) Density of population and intensity of use.
10 (5) Protection and preservation of natural and historic
11 resources and agricultural land and activities.
12 (c) Zoning ordinances may contain:
13 (1) provisions for special exceptions and variances
14 administered by the zoning hearing board, which provisions
15 shall be in accordance with this act;
16 (2) provisions for conditional uses to be allowed or
17 denied by the governing body pursuant to public notice and
18 hearing and recommendations by the planning agency and
19 pursuant to express standards and criteria set forth in the
20 zoning ordinances. In allowing a conditional use, the
21 governing body may attach such reasonable conditions and
22 safeguards, in addition to those expressed in the ordinance,
23 as it may deem necessary to implement the purposes of this
24 act and the zoning ordinance;
25 (2.1) when an application for either a special exception
26 or a conditional use has been filed with either the zoning
27 hearing board or governing body, as relevant, and the subject
28 matter of such application would ultimately constitute either
29 a "land development" as defined in section 107 or a
30 "subdivision" as defined in section 107, no change or
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1 amendment of the zoning, subdivision or other governing
2 ordinance or plans shall affect the decision on such
3 application adversely to the applicant and the applicant
4 shall be entitled to a decision in accordance with the
5 provisions of the governing ordinances or plans as they stood
6 at the time the application was duly filed. Provided,
7 further, should such an application be approved by either the
8 zoning hearing board or governing body, as relevant,
9 applicant shall be entitled to proceed with the submission of
10 either land development or subdivision plans within a period
11 of six months or longer or as may be approved by either the
12 zoning hearing board or the governing body following the date
13 of such approval in accordance with the provisions of the
14 governing ordinances or plans as they stood at the time the
15 application was duly filed before either the zoning hearing
16 board or governing body, as relevant. If either a land
17 development or subdivision plan is so filed within said
18 period, such plan shall be subject to the provisions of
19 section 508(1) through (4), and specifically to the time
20 limitations of section 508(4) which shall commence as of the
21 date of filing such land development or subdivision plan;
22 (2.2) provisions for regulating transferable development
23 rights, on a voluntary basis, including provisions for the
24 protection of persons acquiring the same, in accordance with
25 express standards and criteria set forth in the ordinance and
26 section 619.1;
27 (2.3) provisions for reciprocal agreements among
28 municipalities for a system of transfer of development rights
29 on a regional basis in order to preserve valuable farmland,
30 environmentally sensitive areas and areas of cultural or
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1 historic significance;
2 (3) provisions for the administration and enforcement of
3 such ordinances;
4 (4) such other provisions as may be necessary to
5 implement the purposes of this act;
6 (5) provisions to encourage innovation and to promote
7 flexibility, economy and ingenuity in development, including
8 subdivisions and land developments as defined in this act;
9 and
10 (6) provisions authorizing increases in the permissible
11 density of population or intensity of a particular use based
12 upon expressed standards and criteria set forth in the zoning
13 ordinance, especially increases that would promote and
14 preserve farmland, environmentally sensitive areas and areas
15 of cultural or historic significance.
16 (d) Zoning ordinances may include provisions regulating the
17 siting, density and design of residential, commercial,
18 industrial and other developments in order to assure the
19 availability of reliable, safe and adequate water supplies to
20 support the intended land uses within the capacity of available
21 water resources.
22 (e) Zoning ordinances may not unduly restrict the display of
23 religious symbols on property being used for religious purposes.
24 (f) Zoning ordinances may not unreasonably restrict forestry
25 activities.
26 (g) (1) Zoning ordinances shall provide for the protection
27 of farmland and promote the establishment of agricultural
28 security areas.
29 (2) Zoning ordinances shall provide for protection of
30 identified natural and cultural features and resources,
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1 including, but not limited to, air quality, wetlands and
2 aquifer recharge zones, woodlands, steep slopes, floodplains,
3 unique natural sites and unique historic sites.
4 (h) If a municipality wishes to rezone land in a manner not
5 consistent with its comprehensive plan, it must first amend its
6 comprehensive plan and follow the procedures outlined in Article
7 III.
8 (i) Nothing in this act shall prevent a municipality from
9 amending individual elements of its comprehensive plan at any
10 time, so long as the comprehensive plan remains consistent with
11 the county policy plan and the comprehensive plans of abutting
12 municipalities and so long as the municipality also adopts such
13 ordinances as are required to implement the amendment.
14 Section 9. This act shall take effect in 60 days.
15 SECTION 1. SECTION 105 OF THE ACT OF JULY 31, 1968 (P.L.805, <--
16 NO.247), KNOWN AS THE PENNSYLVANIA MUNICIPALITIES PLANNING CODE,
17 REENACTED AND AMENDED DECEMBER 21, 1988 (P.L.1329, NO.170), IS
18 AMENDED TO READ:
19 SECTION 105. PURPOSE OF ACT.--IT IS THE INTENT, PURPOSE AND
20 SCOPE OF THIS ACT TO PROTECT AND PROMOTE SAFETY, HEALTH AND
21 MORALS; TO ACCOMPLISH COORDINATED DEVELOPMENT; TO PROVIDE FOR
22 THE GENERAL WELFARE BY GUIDING AND PROTECTING AMENITY,
23 CONVENIENCE, FUTURE GOVERNMENTAL, ECONOMIC, PRACTICAL, AND
24 SOCIAL AND CULTURAL FACILITIES, DEVELOPMENT AND GROWTH, AS WELL
25 AS THE IMPROVEMENT OF GOVERNMENTAL PROCESSES AND FUNCTIONS; TO
26 GUIDE USES OF LAND AND STRUCTURES, TYPE AND LOCATION OF STREETS,
27 PUBLIC GROUNDS AND OTHER FACILITIES; TO PROMOTE THE CONSERVATION
28 OF ENERGY THROUGH THE USE OF PLANNING PRACTICES AND TO PROMOTE
29 THE EFFECTIVE UTILIZATION OF RENEWABLE ENERGY SOURCES; TO
30 PROMOTE THE PRESERVATION OF THIS COMMONWEALTH'S NATURAL
19990H0013B3121 - 19 -
1 RESOURCES, OPEN SPACE AND AGRICULTURAL LAND; TO ENCOURAGE
2 MUNICIPALITIES TO ADOPT MUNICIPAL OR JOINT MUNICIPAL
3 COMPREHENSIVE PLANS CONSISTENT WITH THE COUNTY COMPREHENSIVE
4 PLAN; TO ENSURE THAT MUNICIPALITIES ADOPT ZONING ORDINANCES
5 WHICH ARE CONSISTENT WITH THE MUNICIPALITY'S COMPREHENSIVE PLAN;
6 TO ENCOURAGE THE PRESERVATION OF AGRICULTURAL LAND, NATURAL
7 RESOURCES AND OPEN SPACE THROUGH EASEMENTS, TRANSFER OF
8 DEVELOPMENT RIGHTS AND REZONING; TO ENCOURAGE THE REVITALIZATION
9 OF ESTABLISHED URBAN CENTERS; AND TO PERMIT MUNICIPALITIES TO
10 MINIMIZE SUCH PROBLEMS AS MAY PRESENTLY EXIST OR WHICH MAY BE
11 FORESEEN.
12 SECTION 2. SECTION 107 OF THE ACT IS AMENDED BY ADDING
13 DEFINITIONS TO READ:
14 SECTION 107. DEFINITIONS.--(A) THE FOLLOWING WORDS AND
15 PHRASES WHEN USED IN THIS ACT SHALL HAVE THE MEANINGS GIVEN TO
16 THEM IN THIS SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES
17 OTHERWISE:
18 * * *
19 "COMPATIBLE," THAT WHICH TWO OR MORE GOVERNMENTAL BODIES
20 HAVING LANDS WHICH ABUT SHALL AGREE DOES NOT ADVERSELY AFFECT
21 EACH OTHER'S COMPREHENSIVE PLAN FOR THOSE LANDS WHICH ABUT, IS
22 DEEMED TO BE COMPATIBLE WITH THE COMPREHENSIVE PLAN OF EACH.
23 * * *
24 "CONSISTENCY," A DEMONSTRATED AGREEMENT OR CORRESPONDENCE
25 BETWEEN MATTERS BEING COMPARED WHICH DENOTES A REASONABLE,
26 LOGICAL, COMPLEMENTARY CONNECTION OR RELATIONSHIP.
27 "CONSISTENT," THAT WHICH EXHIBITS CONSISTENCY.
28 * * *
29 "COUNTY COMPREHENSIVE PLAN," A LAND USE AND GROWTH MANAGEMENT
30 PLAN PREPARED BY THE COUNTY PLANNING COMMISSION AND ADOPTED BY
19990H0013B3121 - 20 -
1 THE COUNTY COMMISSIONERS WHICH ESTABLISHES BROAD GOALS AND
2 CRITERIA FOR MUNICIPALITIES TO USE IN PREPARATION OF THEIR
3 COMPREHENSIVE PLANS AND LAND USE REGULATION.
4 * * *
5 "MULTIMUNICIPAL PLANNING AGENCY," A PLANNING AGENCY COMPRISED
6 OF REPRESENTATIVES OF MORE THAN ONE MUNICIPALITY AND CONSTITUTED
7 TO ADDRESS, ON BEHALF OF THE PARTICIPATING MUNICIPALITIES,
8 REGIONAL ISSUES, INCLUDING, BUT NOT LIMITED TO, AGRICULTURAL AND
9 OPEN SPACE PRESERVATION, NATURAL AND CULTURAL RESOURCES,
10 TRANSPORTATION, HOUSING AND ECONOMIC DEVELOPMENT.
11 * * *
12 "REGIONAL PLANNING AGENCY," A PLANNING AGENCY THAT IS
13 COMPRISED OF REPRESENTATIVES OF MORE THAN ONE COUNTY. REGIONAL
14 PLANNING RESPONSIBILITIES SHALL INCLUDE, BUT NOT BE LIMITED TO,
15 PROVIDING TECHNICAL ASSISTANCE TO COUNTIES AND MUNICIPALITIES,
16 MEDIATING CONFLICTS ACROSS COUNTY LINES AND REVIEWING COUNTY
17 COMPREHENSIVE PLANS FOR CONSISTENCY WITH ONE ANOTHER.
18 * * *
19 "TRADITIONAL NEIGHBORHOOD DEVELOPMENT," AN AREA OF LAND
20 DEVELOPED FOR A COMPATIBLE MIXTURE OF RESIDENTIAL UNITS FOR
21 VARIOUS INCOME LEVELS AND NONRESIDENTIAL COMMERCIAL AND
22 WORKPLACE USES, INCLUDING SOME STRUCTURES THAT PROVIDE FOR A MIX
23 OF USES WITHIN THE SAME BUILDING. RESIDENCES, SHOPS, OFFICES,
24 WORKPLACES, PUBLIC BUILDINGS, AND PARKS ARE INTERWOVEN WITHIN
25 THE NEIGHBORHOOD SO THAT ALL ARE WITHIN RELATIVELY CLOSE
26 PROXIMITY TO EACH OTHER. TRADITIONAL NEIGHBORHOOD DEVELOPMENT IS
27 RELATIVELY COMPACT, LIMITED IN SIZE AND ORIENTED TOWARD
28 PEDESTRIAN ACTIVITY. IT HAS AN IDENTIFIABLE CENTER AND A
29 DISCERNIBLE EDGE. THE CENTER OF THE NEIGHBORHOOD IS IN THE FORM
30 OF A PUBLIC PARK, COMMONS, PLAZA, SQUARE OR PROMINENT
19990H0013B3121 - 21 -
1 INTERSECTION OF TWO OR MORE MAJOR STREETS. GENERALLY, THERE IS A
2 HIERARCHY OF STREETS LAID OUT IN A RECTILINEAR OR GRID PATTERN
3 OF INTERCONNECTING STREETS AND BLOCKS THAT PROVIDES MULTIPLE
4 ROUTES FROM ORIGINS TO DESTINATIONS AND ARE APPROPRIATELY
5 DESIGNED TO SERVE THE NEEDS OF PEDESTRIANS AND VEHICLES EQUALLY.
6 * * *
7 SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
8 SECTION 212. INTERGOVERNMENTAL COOPERATION.--THE GOVERNING
9 BODY MAY UTILIZE THE AUTHORITY GRANTED UNDER 53 PA.C.S. PT. III
10 SUBPT. D (RELATING TO AREA GOVERNMENT AND INTERGOVERNMENTAL
11 COOPERATION).
12 SECTION 4. SECTIONS 301 AND 301.4 OF THE ACT ARE AMENDED TO
13 READ:
14 SECTION 301. PREPARATION OF COMPREHENSIVE PLAN.--(A) THE
15 COMPREHENSIVE PLAN, CONSISTING OF MAPS, CHARTS AND TEXTUAL
16 MATTER, SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING
17 RELATED BASIC ELEMENTS:
18 (1) A STATEMENT OF OBJECTIVES OF THE MUNICIPALITY
19 CONCERNING ITS FUTURE DEVELOPMENT, INCLUDING, BUT NOT LIMITED
20 TO, THE LOCATION, CHARACTER AND TIMING OF FUTURE DEVELOPMENT,
21 THAT MAY ALSO SERVE AS A STATEMENT OF COMMUNITY DEVELOPMENT
22 OBJECTIVES AS PROVIDED IN SECTION 606.
23 (2) A PLAN FOR LAND USE, WHICH MAY INCLUDE PROVISIONS
24 FOR THE AMOUNT, INTENSITY, CHARACTER AND TIMING OF LAND USE
25 PROPOSED FOR RESIDENCE, INDUSTRY, BUSINESS, AGRICULTURE,
26 MAJOR TRAFFIC AND TRANSIT FACILITIES, UTILITIES, COMMUNITY
27 FACILITIES, PUBLIC GROUNDS, PARKS AND RECREATION,
28 PRESERVATION OF [PRIME] AGRICULTURAL LANDS, FLOOD PLAINS AND
29 OTHER AREAS OF SPECIAL HAZARDS AND OTHER SIMILAR USES.
30 (2.1) A PLAN TO MEET THE HOUSING NEEDS OF PRESENT
19990H0013B3121 - 22 -
1 RESIDENTS AND OF THOSE INDIVIDUALS AND FAMILIES ANTICIPATED
2 TO RESIDE IN THE MUNICIPALITY, WHICH MAY INCLUDE CONSERVATION
3 OF PRESENTLY SOUND HOUSING, REHABILITATION OF HOUSING IN
4 DECLINING NEIGHBORHOODS AND THE ACCOMMODATION OF EXPECTED NEW
5 HOUSING IN DIFFERENT DWELLING TYPES AND AT APPROPRIATE
6 DENSITIES FOR HOUSEHOLDS OF ALL INCOME LEVELS.
7 (3) A PLAN FOR MOVEMENT OF PEOPLE AND GOODS, WHICH MAY
8 INCLUDE EXPRESSWAYS, HIGHWAYS, LOCAL STREET SYSTEMS, PARKING
9 FACILITIES, PEDESTRIAN AND BIKEWAY SYSTEMS, PUBLIC TRANSIT
10 ROUTES, TERMINALS, AIRFIELDS, PORT FACILITIES, RAILROAD
11 FACILITIES AND OTHER SIMILAR FACILITIES OR USES.
12 (4) A PLAN FOR COMMUNITY FACILITIES AND UTILITIES, WHICH
13 MAY INCLUDE PUBLIC AND PRIVATE EDUCATION, RECREATION,
14 MUNICIPAL BUILDINGS, FIRE AND POLICE STATIONS, LIBRARIES,
15 HOSPITALS, WATER SUPPLY AND DISTRIBUTION, SEWERAGE AND WASTE
16 TREATMENT, SOLID WASTE MANAGEMENT, STORM DRAINAGE, AND FLOOD
17 PLAIN MANAGEMENT, UTILITY CORRIDORS AND ASSOCIATED
18 FACILITIES, AND OTHER SIMILAR FACILITIES OR USES.
19 (4.1) A STATEMENT OF THE INTERRELATIONSHIPS AMONG THE
20 VARIOUS PLAN COMPONENTS, WHICH MAY INCLUDE AN ESTIMATE OF THE
21 ENVIRONMENTAL, ENERGY CONSERVATION, FISCAL, ECONOMIC
22 DEVELOPMENT AND SOCIAL CONSEQUENCES ON THE MUNICIPALITY.
23 (4.2) A DISCUSSION OF SHORT- AND LONG-RANGE PLAN
24 IMPLEMENTATION STRATEGIES, WHICH MAY INCLUDE IMPLICATIONS FOR
25 CAPITAL IMPROVEMENTS PROGRAMMING, NEW OR UPDATED DEVELOPMENT
26 REGULATIONS, AND IDENTIFICATION OF PUBLIC FUNDS POTENTIALLY
27 AVAILABLE.
28 (5) A STATEMENT INDICATING [THE RELATIONSHIP OF THE]
29 THAT THE EXISTING AND PROPOSED DEVELOPMENT OF THE
30 MUNICIPALITY [TO] IS COMPATIBLE WITH THE EXISTING AND
19990H0013B3121 - 23 -
1 PROPOSED DEVELOPMENT AND PLANS IN CONTIGUOUS PORTIONS OF
2 NEIGHBORING MUNICIPALITIES, [TO] OR A STATEMENT INDICATING
3 MEASURES WHICH HAVE BEEN TAKEN TO PROVIDE BUFFERS OR OTHER
4 TRANSITIONAL DEVICES BETWEEN DISPARATE USES, AND A STATEMENT
5 INDICATING THAT THE EXISTING AND PROPOSED DEVELOPMENT OF THE
6 MUNICIPALITY IS COMPATIBLE WITH THE OBJECTIVES AND PLANS [FOR
7 DEVELOPMENT IN THE COUNTY OF WHICH IT IS A PART, AND TO
8 REGIONAL TRENDS.] OF THE REGIONAL PLANNING AGENCY AND WITH
9 THE COUNTY COMPREHENSIVE PLAN.
10 (6) A PLAN FOR THE PROTECTION OF NATURAL AND CULTURAL
11 RESOURCES IDENTIFIED AS REQUIRING PROTECTION BY FEDERAL,
12 STATE OR COUNTY AGENCIES OR BY THE MUNICIPALITY, WITH
13 DOCUMENTATION PROVIDED IN THE COMPREHENSIVE PLAN. THIS CLAUSE
14 INCLUDES, BUT IS NOT LIMITED TO, AIR QUALITY, WETLANDS AND
15 AQUIFER RECHARGE ZONES, WOODLANDS, STEEP SLOPES, AGRICULTURAL
16 LAND, FLOODPLAINS, UNIQUE NATURAL AREAS AND HISTORIC SITES.
17 (B) THE COMPREHENSIVE PLAN [MAY] SHALL INCLUDE A PLAN FOR
18 THE RELIABLE SUPPLY OF WATER, CONSIDERING CURRENT AND FUTURE
19 WATER RESOURCES AVAILABILITY, USES AND LIMITATIONS, INCLUDING
20 PROVISIONS ADEQUATE TO PROTECT WATER SUPPLY SOURCES. ANY SUCH
21 PLAN SHALL BE CONSISTENT WITH THE STATE WATER PLAN AND ANY
22 APPLICABLE WATER RESOURCES PLAN ADOPTED BY A RIVER BASIN
23 COMMISSION.
24 (C) THE MUNICIPAL OR MULTIMUNICIPAL COMPREHENSIVE PLAN SHALL
25 BE REVIEWED AT LEAST EVERY TEN YEARS. THE MUNICIPAL OR
26 MULTIMUNICIPAL COMPREHENSIVE PLAN SHALL BE SENT TO THE GOVERNING
27 BODIES OF CONTIGUOUS MUNICIPALITIES FOR REVIEW AND COMMENT. THE
28 MUNICIPAL OR MULTIMUNICIPAL COMPREHENSIVE PLAN SHALL ALSO BE
29 SENT TO THE COUNTY PLANNING COMMISSIONS OR, UPON REQUEST OF A
30 COUNTY PLANNING COMMISSION, A REGIONAL PLANNING COMMISSION
19990H0013B3121 - 24 -
1 WHENEVER THE COMPREHENSIVE PLAN IS UPDATED OR AT TEN-YEAR
2 INTERVALS, WHICHEVER COMES FIRST, TO DETERMINE IN WHAT MEASURE
3 THE MUNICIPAL COMPREHENSIVE PLAN REMAINS GENERALLY CONSISTENT
4 WITH THE COUNTY COMPREHENSIVE PLAN AND TO INDICATE WHERE THE
5 LOCAL PLAN IS THOUGHT TO DEVIATE FROM THE COUNTY COMPREHENSIVE
6 PLAN.
7 SECTION 301.4. COMPLIANCE BY COUNTIES.--(A) IF A COUNTY
8 DOES NOT HAVE A COMPREHENSIVE PLAN, THEN THAT COUNTY SHALL,
9 WITHIN THREE YEARS OF THE EFFECTIVE DATE OF THIS ACT, AND WITH
10 THE ACTIVE PARTICIPATION OF THE MUNICIPALITIES AND SCHOOL
11 DISTRICTS WITHIN THE RESPECTIVE COUNTY, CONTIGUOUS COUNTIES AND
12 CONTIGUOUS SCHOOL DISTRICTS AND MUNICIPALITIES IN NEIGHBORING
13 COUNTIES, PREPARE AND ADOPT A COMPREHENSIVE PLAN IN ACCORDANCE
14 WITH THE REQUIREMENTS OF SECTION 301. MUNICIPAL COMPREHENSIVE
15 PLANS WHICH ARE ADOPTED SHALL BE GENERALLY CONSISTENT WITH THE
16 ADOPTED COUNTY COMPREHENSIVE PLAN.
17 (B) COUNTY COMPREHENSIVE PLANS SHALL INCLUDE THE FOLLOWING:
18 (1) IDENTIFY AREAS DESIGNATED FOR CONSERVATION OF
19 IMPORTANT NATURAL RESOURCES.
20 (2) IDENTIFY AREAS DESIGNATED FOR GROWTH OR LIMITED
21 GROWTH, IN RELATION TO PLANNED INFRASTRUCTURE, SUCH AS
22 HIGHWAYS, WATER AND SEWERS.
23 (3) IDENTIFY AREAS SUITABLE FOR PROPOSED LAND USES WHICH
24 HAVE A REGIONAL IMPACT AND SIGNIFICANCE, SUCH AS LARGE
25 SHOPPING CENTERS, MAJOR INDUSTRIAL PARKS, MINES AND RELATED
26 ACTIVITIES, OFFICE PARKS, STORAGE FACILITIES, LARGE
27 RESIDENTIAL DEVELOPMENTS, REGIONAL ENTERTAINMENT AND
28 RECREATIONAL COMPLEXES, HOSPITALS, AIRPORTS AND PORT
29 FACILITIES.
30 (C) COUNTY PLANNING COMMISSIONS SHALL MAKE AVAILABLE TO
19990H0013B3121 - 25 -
1 MUNICIPALITIES IN THEIR COUNTY ADVISORY GUIDELINES THAT WOULD
2 PROMOTE CONSISTENCY WITH THE ADOPTED COUNTY COMPREHENSIVE PLAN.
3 THESE GUIDELINES SHALL PROMOTE CONSISTENCY WITH RESPECT TO LOCAL
4 PLANNING AND ZONING TERMINOLOGY AND COMMON TYPES OF MUNICIPAL
5 LAND USE REGULATIONS.
6 SECTION 5. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
7 SECTION 301.5. FUNDING OF MUNICIPAL PLANNING.--PRIORITY FOR
8 STATE GRANTS TO DEVELOP OR REVISE COMPREHENSIVE PLANS SHALL BE
9 GIVEN TO THOSE MUNICIPALITIES WHICH AGREE TO ADOPT COMPREHENSIVE
10 PLANS GENERALLY CONSISTENT WITH THE COUNTY COMPREHENSIVE PLAN
11 AND WHICH AGREE TO ENACT A NEW ZONING ORDINANCE OR AMENDMENT
12 WHICH WOULD FULLY IMPLEMENT THE MUNICIPAL COMPREHENSIVE PLAN. NO
13 MORE THAN 25% OF THE TOTAL FUNDS AVAILABLE FOR THESE GRANTS
14 SHALL BE DISBURSED UNDER PRIORITY STATUS PURSUANT TO THIS
15 PROVISION. MUNICIPALITIES AND COUNTIES SHALL COMPLY WITH THESE
16 AGREEMENTS WITHIN TWO YEARS UNLESS SUCH PERIOD IS EXTENDED BY
17 THE GRANT-MAKING AGENCY FOR GOOD CAUSE SHOWN. FAILURE TO COMPLY
18 WITH THE AGREEMENTS SHALL BE TAKEN INTO CONSIDERATION FOR FUTURE
19 STATE FUNDING.
20 SECTION 6. SECTIONS 302, 303 AND 306 OF THE ACT ARE AMENDED
21 TO READ:
22 SECTION 302. ADOPTION OF MUNICIPAL COMPREHENSIVE [PLAN]
23 PLANS, COUNTY COMPREHENSIVE PLANS AND PLAN AMENDMENTS.--(A) THE
24 GOVERNING BODY SHALL HAVE THE POWER TO ADOPT AND AMEND THE
25 COMPREHENSIVE PLAN AS A WHOLE OR IN PARTS. BEFORE ADOPTING OR
26 AMENDING A COMPREHENSIVE PLAN, OR ANY PART THEREOF, THE PLANNING
27 AGENCY SHALL HOLD AT LEAST ONE PUBLIC MEETING PURSUANT TO PUBLIC
28 NOTICE BEFORE FORWARDING THE PROPOSED COMPREHENSIVE PLAN OR
29 AMENDMENT THEREOF TO THE GOVERNING BODY. IN REVIEWING THE
30 PROPOSED COMPREHENSIVE PLAN, THE GOVERNING BODY SHALL CONSIDER
19990H0013B3121 - 26 -
1 THE REVIEW COMMENTS OF THE COUNTY, CONTIGUOUS MUNICIPALITIES AND
2 THE SCHOOL DISTRICT, AS WELL AS THE PUBLIC MEETING COMMENTS AND
3 THE RECOMMENDATIONS OF THE MUNICIPAL PLANNING AGENCY. THE
4 COMMENTS OF THE COUNTY, CONTIGUOUS MUNICIPALITIES AND THE LOCAL
5 SCHOOL DISTRICT SHALL BE MADE TO THE GOVERNING BODY WITHIN 45
6 DAYS OF RECEIPT, AND THE PROPOSED PLAN OR AMENDMENT THERETO
7 SHALL NOT BE ACTED UPON UNTIL SUCH COMMENT IS RECEIVED. IF,
8 HOWEVER, THE CONTIGUOUS MUNICIPALITIES AND THE LOCAL SCHOOL
9 DISTRICT FAIL TO RESPOND WITHIN 45 DAYS, THE GOVERNING BODY MAY
10 PROCEED WITHOUT THEIR COMMENTS.
11 (A.1) THE GOVERNING BODY OF THE COUNTY SHALL HAVE THE POWER
12 TO ADOPT AND AMEND THE COUNTY COMPREHENSIVE PLAN IN WHOLE OR IN
13 PART. BEFORE ADOPTING OR AMENDING A COMPREHENSIVE PLAN, OR ANY
14 PART THEREOF, THE COUNTY PLANNING AGENCY SHALL HOLD AT LEAST ONE
15 PUBLIC MEETING PURSUANT TO PUBLIC NOTICE BEFORE FORWARDING THE
16 PROPOSED COMPREHENSIVE PLAN OR AMENDMENT THEREOF TO THE
17 GOVERNING BODY. IN REVIEWING THE PROPOSED COMPREHENSIVE PLAN,
18 THE GOVERNING BODY SHALL CONSIDER THE REVIEW COMMENTS OF
19 MUNICIPALITIES AND SCHOOL DISTRICTS WITHIN THE COUNTY,
20 CONTIGUOUS SCHOOL DISTRICTS AND MUNICIPALITIES IN NEIGHBORING
21 COUNTIES AND CONTIGUOUS COUNTIES, AS WELL AS THE PUBLIC MEETING
22 COMMENTS AND THE RECOMMENDATIONS OF THE COUNTY PLANNING AGENCY.
23 THE COMMENTS OF THE COUNTIES, MUNICIPALITIES AND SCHOOL
24 DISTRICTS SHALL BE MADE TO THE GOVERNING BODY WITHIN 45 DAYS OF
25 RECEIPT, AND THE PROPOSED COMPREHENSIVE PLAN OR AMENDMENT
26 THERETO SHALL NOT BE ACTED UPON UNTIL SUCH COMMENT IS RECEIVED.
27 IF, HOWEVER, THE COUNTIES, MUNICIPALITIES AND SCHOOL DISTRICTS
28 FAIL TO RESPOND WITHIN 45 DAYS, THE GOVERNING BODY MAY PROCEED
29 WITHOUT THEIR COMMENTS.
30 (B) THE GOVERNING BODY SHALL HOLD AT LEAST ONE PUBLIC
19990H0013B3121 - 27 -
1 HEARING PURSUANT TO PUBLIC NOTICE. IF, AFTER THE PUBLIC HEARING
2 HELD UPON THE PROPOSED PLAN OR AMENDMENT TO THE PLAN, THE
3 PROPOSED PLAN OR PROPOSED AMENDMENT THERETO IS SUBSTANTIALLY
4 REVISED, THE GOVERNING BODY SHALL HOLD ANOTHER PUBLIC HEARING,
5 PURSUANT TO PUBLIC NOTICE, BEFORE PROCEEDING TO VOTE ON THE PLAN
6 OR AMENDMENT THERETO.
7 (C) THE ADOPTION OF THE COMPREHENSIVE PLAN, OR ANY PART
8 THEREOF, OR ANY AMENDMENT THERETO, SHALL BE BY RESOLUTION
9 CARRIED BY THE AFFIRMATIVE VOTES OF NOT LESS THAN A MAJORITY OF
10 ALL THE MEMBERS OF THE GOVERNING BODY. THE RESOLUTION SHALL
11 REFER EXPRESSLY TO THE MAPS, CHARTS, TEXTUAL MATTER, AND OTHER
12 MATTERS INTENDED TO FORM THE WHOLE OR PART OF THE PLAN, AND THE
13 ACTION SHALL BE RECORDED ON THE ADOPTED PLAN OR PART.
14 (D) COUNTIES SHALL IN ACCORDANCE WITH SUBSECTION (A.1)
15 CONSIDER AMENDMENTS TO THEIR COMPREHENSIVE PLAN PROPOSED BY
16 MUNICIPALITIES WHICH ARE CONSIDERING ADOPTION OR REVISION OF
17 THEIR MUNICIPAL COMPREHENSIVE PLANS SO AS TO ACHIEVE GENERAL
18 CONSISTENCY BETWEEN THE RESPECTIVE PLANS. COUNTY COMPREHENSIVE
19 PLANS SHALL BE UPDATED AT LEAST EVERY FIVE YEARS. COUNTY
20 COMPREHENSIVE PLANS SHALL BE GENERALLY CONSISTENT WITH MUNICIPAL
21 COMPREHENSIVE PLANS EXCEPT THAT WHERE TWO OR MORE MUNICIPALITIES
22 REQUEST AMENDMENTS TO A COUNTY COMPREHENSIVE PLAN TO MAKE IT
23 CONSISTENT WITH A MULTIMUNICIPAL PLAN THE COUNTY MUST ACCEPT THE
24 AMENDMENTS UNLESS GOOD CAUSE FOR THEIR REFUSAL IS ESTABLISHED.
25 SECTION 303. LEGAL STATUS OF COMPREHENSIVE PLAN WITHIN THE
26 JURISDICTION THAT ADOPTED THE PLAN.--(A) WHENEVER THE GOVERNING
27 BODY, PURSUANT TO THE PROCEDURES PROVIDED IN SECTION 302, HAS
28 ADOPTED A COMPREHENSIVE PLAN OR ANY PART THEREOF, ANY SUBSEQUENT
29 PROPOSED ACTION OF THE GOVERNING BODY, ITS DEPARTMENTS, AGENCIES
30 AND APPOINTED AUTHORITIES SHALL BE SUBMITTED TO THE PLANNING
19990H0013B3121 - 28 -
1 AGENCY FOR ITS RECOMMENDATIONS WHEN THE PROPOSED ACTION RELATES
2 TO:
3 (1) THE LOCATION, OPENING, VACATION, EXTENSION,
4 WIDENING, NARROWING OR ENLARGEMENT OF ANY STREET, PUBLIC
5 GROUND, PIERHEAD OR WATERCOURSE;
6 (2) THE LOCATION, ERECTION, DEMOLITION, REMOVAL OR SALE
7 OF ANY PUBLIC STRUCTURE LOCATED WITHIN THE MUNICIPALITY;
8 (3) THE ADOPTION, AMENDMENT OR REPEAL OF AN OFFICIAL
9 MAP, SUBDIVISION AND LAND DEVELOPMENT ORDINANCE, ZONING
10 ORDINANCE OR PROVISIONS FOR PLANNED RESIDENTIAL DEVELOPMENT,
11 OR CAPITAL IMPROVEMENTS PROGRAM; OR
12 (4) THE CONSTRUCTION, EXTENSION OR ABANDONMENT OF ANY
13 WATER LINE, SEWER LINE OR SEWAGE TREATMENT FACILITY.
14 (B) THE RECOMMENDATIONS OF THE PLANNING AGENCY INCLUDING A
15 SPECIFIC STATEMENT AS TO WHETHER OR NOT THE PROPOSED ACTION IS
16 IN ACCORDANCE WITH THE OBJECTIVES OF THE FORMALLY ADOPTED
17 COMPREHENSIVE PLAN SHALL BE MADE IN WRITING TO THE GOVERNING
18 BODY WITHIN 45 DAYS.
19 (C) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, NO
20 ACTION BY THE GOVERNING BODY OF A MUNICIPALITY SHALL BE INVALID
21 NOR SHALL THE SAME BE SUBJECT TO CHALLENGE OR APPEAL ON THE
22 BASIS THAT SUCH ACTION IS INCONSISTENT WITH, OR FAILS TO COMPLY
23 WITH, THE PROVISION OF THE COMPREHENSIVE PLAN.
24 (C.1) MUNICIPAL ZONING, SUBDIVISION AND LAND DEVELOPMENT
25 REGULATIONS AND CAPITAL IMPROVEMENT PROGRAMS SHALL GENERALLY
26 IMPLEMENT THE MUNICIPAL COMPREHENSIVE PLAN OR, WHERE NONE
27 EXISTS, THE MUNICIPAL STATEMENT OF COMMUNITY DEVELOPMENT
28 OBJECTIVES AND THE COUNTY COMPREHENSIVE PLAN.
29 SECTION 306. MUNICIPAL AND COUNTY COMPREHENSIVE PLANS.--(A)
30 WHEN A MUNICIPALITY HAVING A COMPREHENSIVE PLAN IS LOCATED IN A
19990H0013B3121 - 29 -
1 COUNTY WHICH HAS ADOPTED A COMPREHENSIVE PLAN, BOTH THE COUNTY
2 AND THE MUNICIPALITY SHALL EACH GIVE THE PLAN OF THE OTHER
3 CONSIDERATION IN ORDER THAT THE OBJECTIVES OF EACH PLAN CAN BE
4 PROTECTED TO THE GREATEST EXTENT POSSIBLE.
5 (B) WITHIN 30 DAYS AFTER ADOPTION, THE GOVERNING BODY OF A
6 MUNICIPALITY, OTHER THAN A COUNTY, SHALL FORWARD A CERTIFIED
7 COPY OF THE COMPREHENSIVE PLAN, OR PART THEREOF OR AMENDMENT
8 THERETO, TO THE COUNTY PLANNING AGENCY OR, IN COUNTIES WHERE NO
9 PLANNING AGENCY EXISTS, TO THE GOVERNING BODY OF THE COUNTY IN
10 WHICH THE MUNICIPALITY IS LOCATED.
11 (C) COUNTIES SHALL CONSULT WITH MUNICIPALITIES AND SOLICIT
12 COMMENT FROM SCHOOL DISTRICTS DURING THE PROCESS OF PREPARING OR
13 UPDATING A COMPREHENSIVE PLAN IN ORDER TO ASCERTAIN WHERE
14 MUNICIPALITIES AND SCHOOL DISTRICTS ANTICIPATE GROWTH AND WHERE
15 ADDITIONAL INFRASTRUCTURE MAY BE NEEDED.
16 SECTION 7. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
17 SECTION 502.1. CONTIGUOUS MUNICIPALITIES.--(A) THE COUNTY
18 PLANNING COMMISSION SHALL OFFER A MEDIATION OPTION TO ANY
19 MUNICIPALITY WHICH BELIEVES THAT ITS CITIZENS WILL EXPERIENCE
20 HARM AS THE RESULT OF A PROPOSED SUBDIVISION OR DEVELOPMENT OF
21 LAND IN A CONTIGUOUS MUNICIPALITY, IF THAT CONTIGUOUS
22 MUNICIPALITY AGREES. IN EXERCISING SUCH AN OPTION, THE MEDIATING
23 PARTIES SHALL MEET THE STIPULATIONS AND FOLLOW THE PROCEDURES
24 SET FORTH IN ARTICLE IX. THE COST OF THE MEDIATION SHALL BE
25 SHARED EQUALLY BY THE DISPUTING MUNICIPALITIES UNLESS OTHERWISE
26 AGREED UPON BY THE MEDIATING PARTIES.
27 (B) IN ANY INSTANCE WHERE A MUNICIPALITY HAS A COMPREHENSIVE
28 PLAN AND IMPLEMENTING ORDINANCES THAT ARE GENERALLY CONSISTENT
29 WITH THE COUNTY COMPREHENSIVE PLAN AND A CONTIGUOUS MUNICIPALITY
30 THAT IS CONSIDERING A CHANGE OF USE OR A SUBDIVISION AND LAND
19990H0013B3121 - 30 -
1 DEVELOPMENT PROPOSAL EITHER DOES NOT HAVE A COMPREHENSIVE PLAN
2 AND ORDINANCE CONSISTENT WITH THE COUNTY COMPREHENSIVE PLAN OR
3 THE PROPOSAL REQUIRES A VARIANCE FROM THAT CONSISTENT PLAN AND
4 ORDINANCE, THE GOVERNING BODY OF A CONTIGUOUS MUNICIPALITY SHALL
5 HAVE STANDING TO APPEAR BEFORE THE GOVERNING BODY AND THE
6 VARIOUS BOARDS AND COMMISSIONS WITHIN THE MUNICIPALITY
7 CONSIDERING A PROPOSED SUBDIVISION, CHANGE OF LAND USE OR LAND
8 DEVELOPMENT WHEN THE GOVERNING BODY DETERMINES THAT THE PROPOSAL
9 WILL HAVE A NEGATIVE IMPACT ON THE RESIDENTS IN ITS
10 MUNICIPALITY.
11 SECTION 602.1. COUNTY REVIEW; DISPUTE RESOLUTION.--(A) A
12 MUNICIPAL ZONING ORDINANCE THAT COMPLIES WITH SECTIONS 301(C)
13 AND 303(D) CREATES AN IRREBUTTABLE PRESUMPTION THAT THE
14 ORDINANCE IS COMPATIBLE WITH THE COMPREHENSIVE PLAN.
15 (B) THE COUNTY PLANNING COMMISSION SHALL OFFER A MEDIATION
16 OPTION TO ANY MUNICIPALITY WHICH BELIEVES THAT ITS CITIZENS WILL
17 EXPERIENCE HARM AS THE RESULT OF THE ADOPTION OF A ZONING
18 ORDINANCE OR AN AMENDMENT TO AN EXISTING ZONING ORDINANCE IN A
19 CONTIGUOUS MUNICIPALITY, IF THAT CONTIGUOUS MUNICIPALITY AGREES.
20 IN EXERCISING SUCH AN OPTION, THE MEDIATING PARTIES SHALL MEET
21 THE STIPULATIONS AND FOLLOW THE PROCEDURES SET FORTH IN ARTICLE
22 IX. THE COST OF THE MEDIATION SHALL BE SHARED EQUALLY BY THE
23 PARTIES, UNLESS OTHERWISE AGREED.
24 (C) WHERE A MUNICIPALITY, EITHER THROUGH ITS OWN
25 COMPREHENSIVE PLAN AND IMPLEMENTING ORDINANCES, OR THROUGH A
26 MULTIMUNICIPAL PLAN AND IMPLEMENTING ORDINANCES, IS GENERALLY
27 CONSISTENT WITH THE COUNTY COMPREHENSIVE PLAN, AND THE COUNTY
28 COMPREHENSIVE PLAN TAKEN TOGETHER WITH MUNICIPAL PLANS AND
29 ORDINANCES MAKES A REASONABLE AMOUNT OF LAND IN REASONABLE
30 GEOGRAPHIC AREAS AVAILABLE FOR ALL USES DISPERSED THROUGHOUT THE
19990H0013B3121 - 31 -
1 COUNTY, INCLUDING A WIDE RANGE OF HOUSING OPPORTUNITIES FOR ALL
2 INCOME LEVELS, A COURT SHALL CONSIDER ALL USES AND ZONING
3 DENSITIES AVAILABLE IN THE COUNTY RATHER THAN THE SPECIFIC
4 MUNICIPALITY WHOSE ORDINANCE IS UNDER REVIEW. THE COURT SHALL
5 PAY PARTICULAR ATTENTION TO THE COORDINATION OF PLANS AND
6 ORDINANCES WHERE THE CHALLENGE TO AN ORDINANCE INVOLVES THE
7 CONVERSION OF LAND OTHERWISE PLANNED AND ZONED FOR AGRICULTURAL
8 USES, OPEN SPACE, NATURAL AND HISTORIC AREA PRESERVATION AND
9 CONSERVATION TO OTHER USES.
10 (D) (1) NOTWITHSTANDING ANY STATUTE OR REGULATION TO THE
11 CONTRARY, MUNICIPALITIES THAT ENTER INTO A JOINT MUNICIPAL
12 ZONING ORDINANCE, IN CONFORMITY WITH ARTICLE VIII-A, SHALL BE
13 ENTITLED TO PRIORITY CONSIDERATION WHEN APPLYING FOR STATE
14 FINANCIAL ASSISTANCE FOR PROGRAMS, INCLUDING, BUT NOT LIMITED
15 TO:
16 (I) PLANNING.
17 (II) ECONOMIC DEVELOPMENT.
18 (III) HOUSING.
19 (IV) PENNVEST.
20 (V) DEPARTMENT OF TRANSPORTATION.
21 (VI) RECREATION.
22 (VII) OPEN SPACE AND FARMLAND PRESERVATION.
23 (2) NO MORE THAN 25% OF THE TOTAL FUNDS AVAILABLE FOR
24 EACH OF THESE PROGRAMS SHALL BE DISBURSED UNDER PRIORITY
25 STATUS PURSUANT TO THIS PROVISION.
26 (3) MUNICIPALITIES THAT ENTER INTO A JOINT MUNICIPAL
27 ZONING ORDINANCE, WHICH COMPLIES TO PROVISIONS OF SECTION
28 602.1(C), MAY ALSO BY AGREEMENT SHARE TAX REVENUES AND FEES
29 GENERATED FROM MUNICIPALITIES LOCATED WITHIN THE REGION.
30 SECTION 8. SECTION 603 OF THE ACT, AMENDED DECEMBER 14, 1992
19990H0013B3121 - 32 -
1 (P.L.815, NO.131), IS AMENDED TO READ:
2 SECTION 603. ORDINANCE PROVISIONS.--(A) ZONING ORDINANCES
3 SHOULD REFLECT THE POLICY GOALS OF THE STATEMENT OF COMMUNITY
4 DEVELOPMENT OBJECTIVES REQUIRED IN SECTION 606, AND GIVE
5 CONSIDERATION TO THE CHARACTER OF THE MUNICIPALITY, THE NEEDS OF
6 THE CITIZENS AND THE SUITABILITIES AND SPECIAL NATURE OF
7 PARTICULAR PARTS OF THE MUNICIPALITY.
8 (B) ZONING ORDINANCES MAY PERMIT, PROHIBIT, REGULATE,
9 RESTRICT AND DETERMINE:
10 (1) USES OF LAND, WATERCOURSES AND OTHER BODIES OF
11 WATER.
12 (2) SIZE, HEIGHT, BULK, LOCATION, ERECTION,
13 CONSTRUCTION, REPAIR, MAINTENANCE, ALTERATION, RAZING,
14 REMOVAL AND USE OF STRUCTURES.
15 (3) AREAS AND DIMENSIONS OF LAND AND BODIES OF WATER TO
16 BE OCCUPIED BY USES AND STRUCTURES, AS WELL AS AREAS, COURTS,
17 YARDS, AND OTHER OPEN SPACES AND DISTANCES TO BE LEFT
18 UNOCCUPIED BY USES AND STRUCTURES.
19 (4) DENSITY OF POPULATION AND INTENSITY OF USE.
20 (5) PROTECTION AND PRESERVATION OF NATURAL AND HISTORIC
21 RESOURCES AND AGRICULTURAL LAND AND ACTIVITIES.
22 (C) ZONING ORDINANCES MAY CONTAIN:
23 (1) PROVISIONS FOR SPECIAL EXCEPTIONS AND VARIANCES
24 ADMINISTERED BY THE ZONING HEARING BOARD, WHICH PROVISIONS
25 SHALL BE IN ACCORDANCE WITH THIS ACT;
26 (2) PROVISIONS FOR CONDITIONAL USES TO BE ALLOWED OR
27 DENIED BY THE GOVERNING BODY PURSUANT TO PUBLIC NOTICE AND
28 HEARING AND RECOMMENDATIONS BY THE PLANNING AGENCY AND
29 PURSUANT TO EXPRESS STANDARDS AND CRITERIA SET FORTH IN THE
30 ZONING ORDINANCES. IN ALLOWING A CONDITIONAL USE, THE
19990H0013B3121 - 33 -
1 GOVERNING BODY MAY ATTACH SUCH REASONABLE CONDITIONS AND
2 SAFEGUARDS, IN ADDITION TO THOSE EXPRESSED IN THE ORDINANCE,
3 AS IT MAY DEEM NECESSARY TO IMPLEMENT THE PURPOSES OF THIS
4 ACT AND THE ZONING ORDINANCE;
5 (2.1) WHEN AN APPLICATION FOR EITHER A SPECIAL EXCEPTION
6 OR A CONDITIONAL USE HAS BEEN FILED WITH EITHER THE ZONING
7 HEARING BOARD OR GOVERNING BODY, AS RELEVANT, AND THE SUBJECT
8 MATTER OF SUCH APPLICATION WOULD ULTIMATELY CONSTITUTE EITHER
9 A "LAND DEVELOPMENT" AS DEFINED IN SECTION 107 OR A
10 "SUBDIVISION" AS DEFINED IN SECTION 107, NO CHANGE OR
11 AMENDMENT OF THE ZONING, SUBDIVISION OR OTHER GOVERNING
12 ORDINANCE OR PLANS SHALL AFFECT THE DECISION ON SUCH
13 APPLICATION ADVERSELY TO THE APPLICANT AND THE APPLICANT
14 SHALL BE ENTITLED TO A DECISION IN ACCORDANCE WITH THE
15 PROVISIONS OF THE GOVERNING ORDINANCES OR PLANS AS THEY STOOD
16 AT THE TIME THE APPLICATION WAS DULY FILED. PROVIDED,
17 FURTHER, SHOULD SUCH AN APPLICATION BE APPROVED BY EITHER THE
18 ZONING HEARING BOARD OR GOVERNING BODY, AS RELEVANT,
19 APPLICANT SHALL BE ENTITLED TO PROCEED WITH THE SUBMISSION OF
20 EITHER LAND DEVELOPMENT OR SUBDIVISION PLANS WITHIN A PERIOD
21 OF SIX MONTHS OR LONGER OR AS MAY BE APPROVED BY EITHER THE
22 ZONING HEARING BOARD OR THE GOVERNING BODY FOLLOWING THE DATE
23 OF SUCH APPROVAL IN ACCORDANCE WITH THE PROVISIONS OF THE
24 GOVERNING ORDINANCES OR PLANS AS THEY STOOD AT THE TIME THE
25 APPLICATION WAS DULY FILED BEFORE EITHER THE ZONING HEARING
26 BOARD OR GOVERNING BODY, AS RELEVANT. IF EITHER A LAND
27 DEVELOPMENT OR SUBDIVISION PLAN IS SO FILED WITHIN SAID
28 PERIOD, SUCH PLAN SHALL BE SUBJECT TO THE PROVISIONS OF
29 SECTION 508(1) THROUGH (4), AND SPECIFICALLY TO THE TIME
30 LIMITATIONS OF SECTION 508(4) WHICH SHALL COMMENCE AS OF THE
19990H0013B3121 - 34 -
1 DATE OF FILING SUCH LAND DEVELOPMENT OR SUBDIVISION PLAN;
2 (2.2) PROVISIONS FOR REGULATING TRANSFERABLE DEVELOPMENT
3 RIGHTS, ON A VOLUNTARY BASIS, INCLUDING PROVISIONS FOR THE
4 PROTECTION OF PERSONS ACQUIRING THE SAME, IN ACCORDANCE WITH
5 EXPRESS STANDARDS AND CRITERIA SET FORTH IN THE ORDINANCE AND
6 SECTION 619.1;
7 (2.3) PROVISIONS FOR RECIPROCAL AGREEMENTS AMONG
8 MUNICIPALITIES FOR A SYSTEM OF TRANSFER OF DEVELOPMENT RIGHTS
9 ON A REGIONAL BASIS IN ORDER TO PRESERVE AGRICULTURAL LAND,
10 ENVIRONMENTALLY SENSITIVE AREAS AND AREAS OF CULTURAL OR
11 HISTORIC SIGNIFICANCE;
12 (3) PROVISIONS FOR THE ADMINISTRATION AND ENFORCEMENT OF
13 SUCH ORDINANCES;
14 (4) SUCH OTHER PROVISIONS AS MAY BE NECESSARY TO
15 IMPLEMENT THE PURPOSES OF THIS ACT;
16 (5) PROVISIONS TO ENCOURAGE INNOVATION AND TO PROMOTE
17 FLEXIBILITY, ECONOMY AND INGENUITY IN DEVELOPMENT, INCLUDING
18 SUBDIVISIONS AND LAND DEVELOPMENTS AS DEFINED IN THIS ACT;
19 AND
20 (6) PROVISIONS AUTHORIZING INCREASES IN THE PERMISSIBLE
21 DENSITY OF POPULATION OR INTENSITY OF A PARTICULAR USE BASED
22 UPON EXPRESSED STANDARDS AND CRITERIA SET FORTH IN THE ZONING
23 ORDINANCE[.], ESPECIALLY INCREASES THAT WOULD PROMOTE AND
24 PRESERVE AGRICULTURAL LAND, ENVIRONMENTALLY SENSITIVE AREAS
25 AND AREAS OF CULTURAL OR HISTORIC SIGNIFICANCE.
26 (D) ZONING ORDINANCES MAY INCLUDE PROVISIONS REGULATING THE
27 SITING, DENSITY AND DESIGN OF RESIDENTIAL, COMMERCIAL,
28 INDUSTRIAL AND OTHER DEVELOPMENTS IN ORDER TO ASSURE THE
29 AVAILABILITY OF RELIABLE, SAFE AND ADEQUATE WATER SUPPLIES TO
30 SUPPORT THE INTENDED LAND USES WITHIN THE CAPACITY OF AVAILABLE
19990H0013B3121 - 35 -
1 WATER RESOURCES.
2 (E) ZONING ORDINANCES MAY NOT UNDULY RESTRICT THE DISPLAY OF
3 RELIGIOUS SYMBOLS ON PROPERTY BEING USED FOR RELIGIOUS PURPOSES.
4 (F) ZONING ORDINANCES MAY NOT UNREASONABLY RESTRICT FORESTRY
5 ACTIVITIES.
6 (G) (1) ZONING ORDINANCES SHALL PROVIDE FOR THE PROTECTION
7 OF AGRICULTURAL LAND AND PROMOTE THE ESTABLISHMENT OF
8 AGRICULTURAL SECURITY AREAS.
9 (2) ZONING ORDINANCES SHALL PROVIDE FOR PROTECTION OF
10 IDENTIFIED NATURAL AND CULTURAL FEATURES AND RESOURCES,
11 INCLUDING, BUT NOT LIMITED TO, AIR QUALITY, WETLANDS AND
12 AQUIFER RECHARGE ZONES, WOODLANDS, STEEP SLOPES, FLOODPLAINS,
13 UNIQUE NATURAL SITES AND UNIQUE HISTORIC SITES.
14 (H) IF A MUNICIPALITY WISHES TO REZONE LAND IN A MANNER NOT
15 GENERALLY CONSISTENT WITH ITS COMPREHENSIVE PLAN, IT MUST
16 CONCURRENTLY AMEND ITS COMPREHENSIVE PLAN AND FOLLOW THE
17 PROCEDURES OUTLINED IN ARTICLE III.
18 (I) NOTHING IN THIS ACT SHALL PREVENT A MUNICIPALITY FROM
19 AMENDING INDIVIDUAL ELEMENTS OF ITS COMPREHENSIVE PLAN AT ANY
20 TIME, SO LONG AS THE COMPREHENSIVE PLAN REMAINS GENERALLY
21 CONSISTENT WITH THE COUNTY COMPREHENSIVE PLAN AND COMPATIBLE
22 WITH THE COMPREHENSIVE PLANS OF ABUTTING MUNICIPALITIES AND SO
23 LONG AS THE MUNICIPALITY ALSO ADOPTS CONCURRENTLY SUCH
24 ORDINANCES AS ARE REQUIRED TO IMPLEMENT THE AMENDMENT.
25 SECTION 9. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
26 ARTICLE VII-A
27 TRADITIONAL NEIGHBORHOOD DEVELOPMENT
28 SECTION 701-A. PURPOSES AND OBJECTIVES.--(A) IN AN ERA OF
29 INCREASING SPRAWLED DEVELOPMENT AND OF GROWING DEMAND FOR
30 HOUSING OF ALL TYPES AND DESIGN, THIS ARTICLE GRANTS POWERS TO
19990H0013B3121 - 36 -
1 MUNICIPALITIES FOR THE FOLLOWING PURPOSES:
2 (1) TO INSURE THAT THE PROVISIONS OF ARTICLE VI WHICH
3 ARE CONCERNED IN PART WITH THE UNIFORM TREATMENT OF DWELLING
4 TYPE, BULK, DENSITY, INTENSITY AND OPEN SPACE WITHIN EACH
5 ZONING DISTRICT, SHALL NOT BE APPLIED TO THE IMPROVEMENT OF
6 LAND BY OTHER THAN LOT BY LOT DEVELOPMENT IN A MANNER THAT
7 WOULD DISTORT THE OBJECTIVES OF ARTICLE VI;
8 (2) TO ENCOURAGE INNOVATIONS IN RESIDENTIAL AND
9 NONRESIDENTIAL DEVELOPMENT AND RENEWAL WHICH MAKES USE OF A
10 MIXED USE FORM OF DEVELOPMENT SO THAT THE GROWING DEMAND FOR
11 HOUSING AND OTHER DEVELOPMENT MAY BE MET BY GREATER VARIETY
12 IN TYPE, DESIGN AND LAYOUT OF DWELLINGS AND OTHER BUILDINGS
13 AND STRUCTURES AND BY THE CONSERVATION AND MORE EFFICIENT USE
14 OF OPEN SPACE ANCILLARY TO SAID DWELLINGS AND USES;
15 (3) TO EXTEND GREATER OPPORTUNITIES FOR BETTER HOUSING,
16 RECREATION AND ACCESS TO GOODS, SERVICES AND EMPLOYMENT
17 OPPORTUNITIES TO ALL CITIZENS AND RESIDENTS OF THIS
18 COMMONWEALTH;
19 (4) TO ENCOURAGE A MORE EFFICIENT USE OF LAND AND OF
20 PUBLIC SERVICES TO REFLECT CHANGES IN THE TECHNOLOGY OF LAND
21 DEVELOPMENT SO THAT ECONOMIES SECURED MAY BENEFIT THOSE WHO
22 NEED HOMES AND FOR OTHER USES;
23 (5) TO ALLOW FOR THE DEVELOPMENT OF FULLY INTEGRATED,
24 MIXED-USE PEDESTRIAN ORIENTED NEIGHBORHOODS;
25 (6) TO MINIMIZE TRAFFIC CONGESTION, SUBURBAN SPRAWL,
26 INFRASTRUCTURE COSTS AND ENVIRONMENTAL DEGRADATION;
27 (7) TO PROMOTE THE IMPLEMENTATION OF THE OBJECTIVES OF
28 THE MUNICIPAL OR MULTIMUNICIPAL COMPREHENSIVE PLAN FOR
29 GUIDING THE LOCATION FOR GROWTH;
30 (8) TO PROVIDE A PROCEDURE, IN AID OF THESE PURPOSES,
19990H0013B3121 - 37 -
1 WHICH CAN RELATE THE TYPE, DESIGN AND LAYOUT OF RESIDENTIAL
2 AND NONRESIDENTIAL DEVELOPMENT TO THE PARTICULAR SITE AND THE
3 PARTICULAR DEMAND FOR HOUSING EXISTING AT THE TIME OF
4 DEVELOPMENT IN A MANNER CONSISTENT WITH THE PRESERVATION OF
5 THE PROPERTY VALUES WITHIN EXISTING RESIDENTIAL AND
6 NONRESIDENTIAL AREAS; AND
7 (9) TO INSURE THAT THE INCREASED FLEXIBILITY OF
8 REGULATIONS OVER LAND DEVELOPMENT AUTHORIZED HEREIN IS
9 CARRIED OUT UNDER SUCH ADMINISTRATIVE STANDARDS AND PROCEDURE
10 AS SHALL ENCOURAGE THE DISPOSITION OF PROPOSALS FOR LAND
11 DEVELOPMENT WITHOUT UNDUE DELAY.
12 (B) THE OBJECTIVES OF A TRADITIONAL NEIGHBORHOOD DEVELOPMENT
13 ARE:
14 (1) TO ESTABLISH A COMMUNITY WHICH IS PEDESTRIAN-
15 ORIENTED WITH A NUMBER OF PARKS, A CENTRALLY LOCATED PUBLIC
16 COMMONS, SQUARE, PLAZA, PARK OR PROMINENT INTERSECTION OF TWO
17 OR MORE MAJOR STREETS, COMMERCIAL ENTERPRISES AND CIVIC AND
18 OTHER PUBLIC BUILDINGS AND FACILITIES FOR SOCIAL ACTIVITY,
19 RECREATION AND COMMUNITY FUNCTIONS;
20 (2) TO MINIMIZE TRAFFIC CONGESTION AND REDUCE THE NEED
21 FOR EXTENSIVE ROAD CONSTRUCTION BY REDUCING THE NUMBER AND
22 LENGTH OF AUTOMOBILE TRIPS REQUIRED TO ACCESS EVERYDAY NEEDS;
23 (3) TO MAKE PUBLIC TRANSIT A VIABLE ALTERNATIVE TO THE
24 AUTOMOBILE BY ORGANIZING APPROPRIATE BUILDING DENSITIES;
25 (4) TO PROVIDE THE ELDERLY AND THE YOUNG WITH
26 INDEPENDENCE OF MOVEMENT BY LOCATING MOST DAILY ACTIVITIES
27 WITHIN WALKING DISTANCE;
28 (5) TO FOSTER THE ABILITY OF CITIZENS TO COME TO KNOW
29 EACH OTHER AND TO WATCH OVER THEIR MUTUAL SECURITY BY
30 PROVIDING PUBLIC SPACES SUCH AS STREETS, PARKS AND SQUARES
19990H0013B3121 - 38 -
1 AND MIXED USE WHICH MAXIMIZES THE PROXIMITY TO NEIGHBORS AT
2 ALMOST ALL TIMES OF THE DAY;
3 (6) TO FOSTER A SENSE OF PLACE AND COMMUNITY BY
4 PROVIDING A SETTING THAT ENCOURAGES THE NATURAL INTERMINGLING
5 OF EVERYDAY USES AND ACTIVITIES WITHIN A RECOGNIZABLE
6 NEIGHBORHOOD;
7 (7) TO INTEGRATE AGE AND INCOME GROUPS AND FOSTER THE
8 BONDS OF AN AUTHENTIC COMMUNITY BY PROVIDING A RANGE OF
9 HOUSING TYPES, SHOPS AND WORKPLACES; AND
10 (8) TO ENCOURAGE COMMUNITY ORIENTED INITIATIVES AND TO
11 SUPPORT THE BALANCED DEVELOPMENT OF SOCIETY BY PROVIDING
12 SUITABLE CIVIC AND PUBLIC BUILDINGS AND FACILITIES.
13 SECTION 702-A. GRANT OF POWER.--THE GOVERNING BODY OF EACH
14 MUNICIPALITY MAY ENACT, AMEND AND REPEAL PROVISIONS OF A ZONING
15 ORDINANCE IN ORDER TO FIX STANDARDS AND CONDITIONS FOR
16 TRADITIONAL NEIGHBORHOOD DEVELOPMENT. THE PROVISIONS FOR
17 STANDARDS AND CONDITIONS FOR TRADITIONAL NEIGHBORHOOD
18 DEVELOPMENT SHALL BE INCLUDED WITHIN THE ZONING ORDINANCE AND
19 THE ENACTMENT OF THE TRADITIONAL NEIGHBORHOOD DEVELOPMENT
20 PROVISIONS SHALL BE IN ACCORDANCE WITH THE PROCEDURES REQUIRED
21 FOR THE ENACTMENT OF AN AMENDMENT OF A ZONING ORDINANCE AS
22 PROVIDED IN ARTICLE VI. THE PROVISIONS SHALL:
23 (1) SET FORTH THE STANDARDS, CONDITIONS AND REGULATIONS
24 INCLUDING, IF DESIRED, THE USE OF OVERLAY ZONES, FOR A
25 TRADITIONAL NEIGHBORHOOD DEVELOPMENT CONSISTENT WITH THIS
26 ARTICLE.
27 (2) SET FORTH THE PROCEDURES PERTAINING TO THE
28 APPLICATION FOR, HEARING ON AND TENTATIVE AND FINAL APPROVAL
29 OF A TRADITIONAL NEIGHBORHOOD DEVELOPMENT, WHICH SHALL BE
30 CONSISTENT WITH THIS ARTICLE FOR THOSE APPLICATIONS AND
19990H0013B3121 - 39 -
1 HEARINGS.
2 SECTION 703-A. TRANSFERABLE DEVELOPMENT RIGHTS.--
3 MUNICIPALITIES ELECTING TO ENACT TRADITIONAL NEIGHBORHOOD
4 DEVELOPMENT PROVISIONS MAY ALSO INCORPORATE PROVISIONS FOR
5 TRANSFERABLE DEVELOPMENT RIGHTS, ON A VOLUNTARY BASIS, IN
6 ACCORDANCE WITH EXPRESS STANDARDS AND CRITERIA SET FORTH IN THE
7 ORDINANCE AND WITH THE REQUIREMENTS OF ARTICLE VI.
8 SECTION 704-A. APPLICABILITY OF COMPREHENSIVE PLAN AND
9 STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES.--ALL PROVISIONS
10 AND ALL AMENDMENTS TO THE PROVISIONS ADOPTED PURSUANT TO THIS
11 ARTICLE SHALL BE BASED ON AND INTERPRETED IN RELATION TO THE
12 STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES OF THE ZONING
13 ORDINANCE AND SHALL BE CONSISTENT WITH EITHER THE COMPREHENSIVE
14 PLAN OF THE MUNICIPALITY OR THE STATEMENT OF COMMUNITY
15 DEVELOPMENT OBJECTIVES IN ACCORDANCE WITH SECTION 606. EVERY
16 APPLICATION FOR THE APPROVAL OF A TRADITIONAL NEIGHBORHOOD
17 DEVELOPMENT SHALL BE BASED ON AND INTERPRETED IN RELATION TO THE
18 STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES, AND SHALL BE
19 CONSISTENT WITH THE COMPREHENSIVE PLAN.
20 SECTION 705-A. FORMS OF TRADITIONAL NEIGHBORHOOD
21 DEVELOPMENT.--A TRADITIONAL NEIGHBORHOOD DEVELOPMENT MAY BE
22 DEVELOPED AND APPLIED IN ANY OF THE FOLLOWING FORMS.
23 (1) AS A NEW DEVELOPMENT.
24 (2) AS AN OUTGROWTH OF EXISTING DEVELOPMENT.
25 (3) AS A FORM OF URBAN INFILL WHERE EXISTING USES AND
26 STRUCTURES MAY BE INCORPORATED INTO THE DEVELOPMENT.
27 (4) IN ANY COMBINATION OR VARIATION OF THE ABOVE.
28 SECTION 706-A. STANDARDS AND CONDITIONS FOR TRADITIONAL
29 NEIGHBORHOOD DEVELOPMENT.--(A) ALL PROVISIONS ADOPTED PURSUANT
30 TO THIS ARTICLE SHALL SET FORTH ALL THE STANDARDS, CONDITIONS
19990H0013B3121 - 40 -
1 AND REGULATIONS BY WHICH A PROPOSED TRADITIONAL NEIGHBORHOOD
2 DEVELOPMENT SHALL BE EVALUATED, AND THOSE STANDARDS, CONDITIONS
3 AND REGULATIONS SHALL BE CONSISTENT WITH THE FOLLOWING
4 SUBSECTIONS.
5 (B) THE PROVISIONS ADOPTED PURSUANT TO THIS ARTICLE SHALL
6 SET FORTH THE USES PERMITTED IN TRADITIONAL NEIGHBORHOOD
7 DEVELOPMENT, WHICH USES MAY INCLUDE, BUT SHALL NOT BE LIMITED
8 TO:
9 (1) DWELLING UNITS OF ANY DWELLING TYPE OR
10 CONFIGURATION, OR ANY COMBINATION THEREOF.
11 (2) THOSE NONRESIDENTIAL USES DEEMED TO BE APPROPRIATE
12 FOR INCORPORATION IN THE DESIGN OF THE TRADITIONAL
13 NEIGHBORHOOD DEVELOPMENT.
14 (C) THE PROVISIONS MAY ESTABLISH REGULATIONS SETTING FORTH
15 THE TIMING OF DEVELOPMENT AMONG THE VARIOUS TYPES OF DWELLINGS
16 AND MAY SPECIFY WHETHER SOME OR ALL NONRESIDENTIAL USES ARE TO
17 BE BUILT BEFORE, AFTER OR AT THE SAME TIME AS THE RESIDENTIAL
18 USES.
19 (D) THE PROVISIONS ADOPTED PURSUANT TO THIS ARTICLE SHALL
20 ESTABLISH STANDARDS GOVERNING THE DENSITY, OR INTENSITY OF LAND
21 USE, IN A TRADITIONAL NEIGHBORHOOD DEVELOPMENT. THE STANDARDS
22 MAY VARY THE DENSITY OR INTENSITY OF LAND USE, OTHERWISE
23 APPLICABLE TO THE LAND UNDER THE PROVISIONS OF A ZONING
24 ORDINANCE OF THE MUNICIPALITY WITHIN THE TRADITIONAL
25 NEIGHBORHOOD DEVELOPMENT. IT IS RECOMMENDED THAT THE PROVISIONS
26 ADOPTED BY THE MUNICIPALITY PURSUANT TO THIS ARTICLE INCLUDE,
27 BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:
28 (1) THE AMOUNT, LOCATION AND PROPOSED USE OF COMMON OPEN
29 SPACE, PROVIDING FOR PARKS TO BE DISTRIBUTED THROUGHOUT THE
30 NEIGHBORHOOD AS WELL AS THE ESTABLISHMENT OF A CENTRALLY
19990H0013B3121 - 41 -
1 LOCATED PUBLIC COMMONS, SQUARE, PARK, PLAZA OR PROMINENT
2 INTERSECTION OF TWO OR MORE MAJOR STREETS.
3 (2) THE LOCATION AND PHYSICAL CHARACTERISTICS OF THE
4 SITE OF THE PROPOSED TRADITIONAL NEIGHBORHOOD DEVELOPMENT,
5 PROVIDING FOR THE RETAINING AND ENHANCING, WHERE PRACTICABLE,
6 OF NATURAL FEATURES SUCH AS WETLANDS, PONDS, LAKES,
7 WATERWAYS, TREES OF HIGH QUALITY, SIGNIFICANT TREE STANDS AND
8 OTHER SIGNIFICANT NATURAL FEATURES. THESE SIGNIFICANT NATURAL
9 FEATURES SHOULD BE AT LEAST PARTIALLY FRONTED BY PUBLIC
10 TRACTS WHENEVER POSSIBLE.
11 (3) THE LOCATION AND PHYSICAL CHARACTERISTICS OF THE
12 SITE OF THE PROPOSED TRADITIONAL NEIGHBORHOOD DEVELOPMENT SO
13 THAT IT WILL DEVELOP OUT OF THE LOCATION OF SQUARES, PARKS
14 AND OTHER NEIGHBORHOOD CENTERS AND SUBCENTERS. ZONING CHANGES
15 IN BUILDING TYPE SHOULD GENERALLY OCCUR AT MID-BLOCK RATHER
16 THAN MID-STREET AND BUILDINGS SHOULD TEND TO BE ZONED BY
17 COMPATIBILITY OF BUILDING TYPE RATHER THAN BUILDING USE. THE
18 PROPOSED TRADITIONAL NEIGHBORHOOD DEVELOPMENT SHOULD BE
19 DESIGNED TO WORK WITH THE TOPOGRAPHY OF THE SITE TO MINIMIZE
20 THE AMOUNT OF GRADING NECESSARY TO ACHIEVE A STREET NETWORK,
21 AND SOME SIGNIFICANT HIGH POINTS OF THE SITE SHOULD BE SET
22 ASIDE FOR PUBLIC TRACTS FOR THE LOCATION OF PUBLIC BUILDINGS
23 OR OTHER PUBLIC FACILITIES.
24 (4) THE LOCATION, DESIGN, TYPE AND USE OF STRUCTURES
25 PROPOSED, WITH MOST STRUCTURES BEING PLACED CLOSE TO THE
26 STREET AT GENERALLY THE EQUIVALENT OF ONE-QUARTER THE WIDTH
27 OF THE LOT OR LESS. THE DISTANCE BETWEEN THE SIDEWALK AND
28 RESIDENTIAL DWELLINGS SHOULD, AS A GENERAL RULE, BE OCCUPIED
29 BY A SEMI-PUBLIC ATTACHMENT, SUCH AS A PORCH OR, AT A
30 MINIMUM, A COVERED ENTRYWAY.
19990H0013B3121 - 42 -
1 (5) THE LOCATION, DESIGN, TYPE AND USE OF STREETS,
2 ALLEYS, SIDEWALKS AND OTHER PUBLIC RIGHTS-OF-WAY WITH A
3 HIERARCHY OF STREETS LAID OUT IN A RECTILINEAR OR GRID
4 PATTERN OF INTERCONNECTING STREETS AND BLOCKS THAT PROVIDE
5 MULTIPLE ROUTES FROM ORIGINS TO DESTINATIONS AND ARE
6 APPROPRIATELY DESIGNED TO SERVE THE NEEDS OF PEDESTRIANS AND
7 VEHICLES EQUALLY. AS SUCH, MOST STREETS, EXCEPT ALLEYS,
8 SHOULD HAVE SIDEWALKS.
9 (6) THE LOCATION FOR VEHICULAR PARKING WITH THE STREET
10 PLAN PROVIDING FOR ON STREET PARKING FOR MOST STREETS, WITH
11 THE EXCEPTION OF ALLEYS. ALL PARKING LOTS, EXCEPT WHERE THERE
12 IS A COMPELLING REASON TO THE CONTRARY, SHOULD BE LOCATED
13 EITHER BEHIND OR TO THE SIDE OF BUILDINGS AND, IN MOST CASES,
14 SHOULD BE LOCATED TOWARD THE CENTER OF BLOCKS SUCH THAT ONLY
15 THEIR ACCESS IS VISIBLE FROM ADJACENT STREETS. IN MOST CASES,
16 STRUCTURES LOCATED ON LOTS SMALLER THAN 50 FEET IN WIDTH
17 SHOULD BE SERVED BY A REAR ALLEY WITH ALL GARAGES FRONTING ON
18 ALLEYS. GARAGES NOT SERVED BY AN ALLEY SHOULD BE SET BACK A
19 MINIMUM OF 20 FEET FROM THE FRONT OF THE HOUSE OR ROTATED SO
20 THAT THE GARAGE DOORS DO NOT FACE ANY ADJACENT STREETS.
21 (7) THE MINIMUM AND MAXIMUM AREAS AND DIMENSIONS OF THE
22 PROPERTIES AND COMMON OPEN SPACE WITHIN THE PROPOSED
23 TRADITIONAL NEIGHBORHOOD DEVELOPMENT AND THE APPROXIMATE
24 DISTANCE FROM THE CENTER TO THE EDGE OF THE TRADITIONAL
25 NEIGHBORHOOD DEVELOPMENT. IT IS RECOMMENDED THAT THE DISTANCE
26 FROM THE CENTER TO THE EDGE OF THE TRADITIONAL NEIGHBORHOOD
27 DEVELOPMENT BE APPROXIMATELY ONE-QUARTER MILE OR LESS AND NOT
28 MORE THAN ONE-HALF MILE. TRADITIONAL NEIGHBORHOOD
29 DEVELOPMENTS IN EXCESS OF ONE-HALF MILE DISTANCE FROM CENTER
30 TO EDGE SHOULD BE DIVIDED INTO TWO OR MORE DEVELOPMENTS.
19990H0013B3121 - 43 -
1 (8) THE SITE PLAN TO PROVIDE FOR EITHER A NATURAL OR
2 MANMADE CORRIDOR TO SERVE AS THE EDGE OF THE NEIGHBORHOOD.
3 WHEN STANDING ALONE, THE TRADITIONAL NEIGHBORHOOD DEVELOPMENT
4 SHOULD FRONT ON OPEN SPACE TO SERVE AS ITS EDGE. SUCH OPEN
5 SPACE MAY INCLUDE, BUT IS NOT LIMITED TO, PARKS, A GOLF
6 COURSE, CEMETERY, FARMLAND OR NATURAL SETTINGS SUCH AS
7 WOODLANDS OR WATERWAYS. WHEN ADJACENT TO EXISTING DEVELOPMENT
8 THE TRADITIONAL NEIGHBORHOOD DEVELOPMENT SHOULD EITHER FRONT
9 ON OPEN SPACE, A STREET OR ROADWAY, OR ANY COMBINATION
10 HEREOF.
11 (9) THE GREATEST DENSITY OF HOUSING AND THE
12 PREPONDERANCE OF OFFICE AND COMMERCIAL USES SHOULD BE LOCATED
13 IN THE CENTER OF THE TRADITIONAL NEIGHBORHOOD DEVELOPMENT.
14 HOWEVER, IF THE NEIGHBORHOOD IS ADJACENT TO EXISTING
15 DEVELOPMENT OR A MAJOR ROADWAY THEN OFFICE, COMMERCIAL AND
16 DENSER RESIDENTIAL USES MAY BE LOCATED AT EITHER THE EDGE OR
17 THE CENTER, OR BOTH. COMMERCIAL USES LOCATED AT THE EDGE OF
18 THE TRADITIONAL NEIGHBORHOOD DEVELOPMENT MAY BE LOCATED
19 ADJACENT TO SIMILAR COMMERCIAL USES IN ORDER TO FORM A
20 GREATER COMMERCIAL CORRIDOR.
21 (E) IN THE CASE OF A TRADITIONAL NEIGHBORHOOD DEVELOPMENT
22 PROPOSED TO BE DEVELOPED OVER A PERIOD OF YEARS, STANDARDS
23 ESTABLISHED IN PROVISIONS ADOPTED PURSUANT TO THIS ARTICLE MAY,
24 TO ENCOURAGE THE FLEXIBILITY OF HOUSING DENSITY, DESIGN AND TYPE
25 INTENDED BY THIS ARTICLE:
26 (1) PERMIT A VARIATION IN EACH SECTION TO BE DEVELOPED
27 FROM THE DENSITY, OR INTENSITY OF USE, ESTABLISHED FOR THE
28 ENTIRE TRADITIONAL NEIGHBORHOOD DEVELOPMENT.
29 (2) ALLOW FOR A GREATER CONCENTRATION OF DENSITY OR
30 INTENSITY OF LAND USE, WITHIN SOME SECTION OR SECTIONS OF
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1 DEVELOPMENT, WHETHER IT BE EARLIER OR LATER IN THE
2 DEVELOPMENT THAN UPON OTHERS.
3 (3) REQUIRE THAT THE APPROVAL OF SUCH GREATER
4 CONCENTRATION OF DENSITY OR INTENSITY OF LAND USE FOR ANY
5 SECTION TO BE DEVELOPED BE OFFSET BY A SMALLER CONCENTRATION
6 IN ANY COMPLETED PRIOR STAGE OR BY AN APPROPRIATE RESERVATION
7 OF COMMON OPEN SPACE ON THE REMAINING LAND BY A GRANT OF
8 EASEMENT OR BY COVENANT IN FAVOR OF THE MUNICIPALITY,
9 PROVIDED THAT THE RESERVATION SHALL, AS FAR AS PRACTICABLE,
10 DEFER THE PRECISE LOCATION OF SUCH COMMON OPEN SPACE UNTIL AN
11 APPLICATION FOR FINAL APPROVAL IS FILED SO THAT FLEXIBILITY
12 OF DEVELOPMENT WHICH IS A PRIME OBJECTIVE OF THIS ARTICLE CAN
13 BE MAINTAINED.
14 (F) PROVISIONS ADOPTED PURSUANT TO THIS ARTICLE MAY REQUIRE
15 THAT A TRADITIONAL NEIGHBORHOOD DEVELOPMENT CONTAIN A MINIMUM
16 NUMBER OF DWELLING UNITS AND A MINIMUM NUMBER OF NONRESIDENTIAL
17 UNITS.
18 (G) (1) THE AUTHORITY GRANTED A MUNICIPALITY BY ARTICLE V
19 TO ESTABLISH STANDARDS FOR THE LOCATION, WIDTH, COURSE AND
20 SURFACING OF STREETS, WALKWAYS, CURBS, GUTTERS, STREET
21 LIGHTS, SHADE TREES, WATER, SEWAGE AND DRAINAGE FACILITIES,
22 EASEMENTS OR RIGHTS-OF-WAY FOR DRAINAGE AND UTILITIES,
23 RESERVATIONS OF PUBLIC GROUNDS, OTHER IMPROVEMENTS,
24 REGULATIONS FOR THE HEIGHT AND SETBACK AS THEY RELATE TO
25 RENEWABLE ENERGY SYSTEMS AND ENERGY-CONSERVING BUILDING
26 DESIGN, REGULATIONS FOR THE HEIGHT AND LOCATION OF VEGETATION
27 WITH RESPECT TO BOUNDARY LINES, AS THEY RELATE TO RENEWABLE
28 ENERGY SYSTEMS AND ENERGY-CONSERVING BUILDING DESIGN,
29 REGULATIONS FOR THE TYPE AND LOCATION OF RENEWABLE ENERGY
30 SYSTEMS OR THEIR COMPONENTS AND REGULATIONS FOR THE DESIGN
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1 AND CONSTRUCTION OF STRUCTURES TO ENCOURAGE THE USE OF
2 RENEWABLE ENERGY SYSTEMS, SHALL BE VESTED IN THE GOVERNING
3 BODY OR THE PLANNING AGENCY FOR THE PURPOSES OF THIS ARTICLE.
4 (2) THE STANDARDS APPLICABLE TO A PARTICULAR TRADITIONAL
5 NEIGHBORHOOD DEVELOPMENT MAY BE DIFFERENT THAN OR
6 MODIFICATIONS OF THE STANDARDS AND REQUIREMENTS OTHERWISE
7 REQUIRED OF SUBDIVISIONS AUTHORIZED UNDER AN ORDINANCE
8 ADOPTED PURSUANT TO ARTICLE V, PROVIDED, HOWEVER, THAT
9 PROVISIONS ADOPTED PURSUANT TO THIS ARTICLE SHALL SET FORTH
10 THE LIMITS AND EXTENT OF ANY MODIFICATIONS OR CHANGES IN SUCH
11 STANDARDS AND REQUIREMENTS IN ORDER THAT A LANDOWNER SHALL
12 KNOW THE LIMITS AND EXTENT OF PERMISSIBLE MODIFICATIONS FROM
13 THE STANDARDS OTHERWISE APPLICABLE TO SUBDIVISIONS.
14 SECTION 707-A. SKETCH PLAN PRESENTATION.--THE MUNICIPALITY
15 MAY INFORMALLY MEET WITH A LANDOWNER TO INFORMALLY DISCUSS THE
16 CONCEPTUAL ASPECTS OF THE LANDOWNER'S DEVELOPMENT PLAN PRIOR TO
17 THE FILING OF THE APPLICATION FOR TENTATIVE APPROVAL FOR THE
18 DEVELOPMENT PLAN. THE LANDOWNER MAY PRESENT A SKETCH PLAN TO THE
19 MUNICIPALITY FOR DISCUSSION PURPOSES ONLY, AND DURING THE
20 DISCUSSION THE MUNICIPALITY MAY MAKE SUGGESTIONS AND
21 RECOMMENDATIONS ON THE DESIGN OF THE DEVELOPMENTAL PLAN WHICH
22 SHALL NOT BE BINDING ON THE MUNICIPALITY.
23 SECTION 708-A. MANUAL OF WRITTEN AND GRAPHIC DESIGN
24 GUIDELINES.--WHERE IT HAS ADOPTED PROVISIONS FOR A TRADITIONAL
25 NEIGHBORHOOD DEVELOPMENT, THE GOVERNING BODY OF A MUNICIPALITY
26 MAY ALSO ADOPT BY ORDINANCE, UPON REVIEW AND RECOMMENDATION OF
27 THE PLANNING COMMISSION, WHERE ONE EXISTS, A MANUAL OF WRITTEN
28 AND GRAPHIC DESIGN GUIDELINES TO ASSIST APPLICANTS IN THE
29 PREPARATION OF PROPOSALS FOR A TRADITIONAL NEIGHBORHOOD
30 DEVELOPMENT.
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1 SECTION 10. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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