PRIOR PRINTER'S NO. 341 PRINTER'S NO. 3295
No. 14 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, 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, APRIL 10, 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," ADDING A DEFINITION; providing for <--
21 intergovernmental cooperative planning and implementation
22 agreements AND FOR TRADITIONAL NEIGHBORHOOD DEVELOPMENT; <--
23 FURTHER PROVIDING FOR REPEALS; AND MAKING AN EDITORIAL
24 CHANGE.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
1 Section 2. The act of July 31, 1968 (P.L.805, No.247), known <--
2 as the Pennsylvania Municipalities Planning Code, reenacted and
3 amended December 21, 1988 (P.L.1329, No.170), is amended by
4 adding an article to read:
5 SECTION 1. SECTION 107 OF THE ACT OF JULY 31, 1968 (P.L.805, <--
6 NO.247), KNOWN AS THE PENNSYLVANIA MUNICIPALITIES PLANNING CODE,
7 REENACTED AND AMENDED DECEMBER 21, 1988 (P.L.1329, NO.170), IS
8 AMENDED BY ADDING A DEFINITION TO READ:
9 SECTION 107. DEFINITIONS.--(A) THE FOLLOWING WORDS AND
10 PHRASES WHEN USED IN THIS ACT SHALL HAVE THE MEANINGS GIVEN TO
11 THEM IN THIS SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES
12 OTHERWISE:
13 * * *
14 "TRADITIONAL NEIGHBORHOOD DEVELOPMENT," AN AREA OF LAND
15 DEVELOPED FOR A COMPATIBLE MIXTURE OF RESIDENTIAL UNITS FOR
16 VARIOUS INCOME LEVELS AND NONRESIDENTIAL COMMERCIAL AND
17 WORKPLACE USES, INCLUDING SOME STRUCTURES THAT PROVIDE FOR A MIX
18 OF USES WITHIN THE SAME BUILDING. RESIDENCES, SHOPS, OFFICES,
19 WORKPLACES, PUBLIC BUILDINGS, AND PARKS ARE INTERWOVEN WITHIN
20 THE NEIGHBORHOOD SO THAT ALL ARE WITHIN RELATIVELY CLOSE
21 PROXIMITY TO EACH OTHER. TRADITIONAL NEIGHBORHOOD DEVELOPMENT IS
22 RELATIVELY COMPACT, LIMITED IN SIZE AND ORIENTED TOWARD
23 PEDESTRIAN ACTIVITY. IT HAS AN IDENTIFIABLE CENTER AND A
24 DISCERNIBLE EDGE. THE CENTER OF THE NEIGHBORHOOD IS IN THE FORM
25 OF A PUBLIC PARK, COMMONS, PLAZA, SQUARE OR PROMINENT
26 INTERSECTION OF TWO OR MORE MAJOR STREETS. GENERALLY, THERE IS A
27 HIERARCHY OF STREETS LAID OUT IN A RECTILINEAR OR GRID PATTERN
28 OF INTERCONNECTING STREETS AND BLOCKS THAT PROVIDES MULTIPLE
29 ROUTES FROM ORIGINS TO DESTINATIONS AND ARE APPROPRIATELY
30 DESIGNED TO SERVE THE NEEDS OF PEDESTRIANS AND VEHICLES EQUALLY.
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1 * * *
2 SECTION 2. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:
3 ARTICLE VI-A
4 INTERGOVERNMENTAL COOPERATIVE PLANNING
5 AND IMPLEMENTATION AGREEMENTS
6 Section 601-A. Purposes.--The following powers are granted to
7 municipalities in order:
8 (1) To further purposes of this act in an area where
9 growth and development is encroaching upon valuable farmland
10 and other rural resource uses produce development patterns
11 that are neither consistent with the established character of
12 the communities or counties, nor efficient for providing
13 adequate public services.
14 (2) To provide for development that is compatible with
15 surrounding land uses and that will complement existing land
16 development with a balance of commercial, industrial and
17 residential uses.
18 (3) To protect and maintain the separate identity of
19 Pennsylvania's communities and to prevent the unnecessary
20 conversion of valuable and limited agricultural land.
21 (4) To encourage cooperation and coordinated planning
22 among adjoining municipalities so that each municipality
23 accommodates its share of the multimunicipal growth burden
24 and does not induce unnecessary or premature development of
25 rural lands.
26 (5) To minimize disruption of the economy and
27 environment of existing communities.
28 (6) To complement the economic and transportation needs
29 of the region and this Commonwealth.
30 (7) To provide for the continuation of historic
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1 community patterns.
2 (8) To provide for coordinated highways, public services
3 and development.
4 (9) To ensure that new public water and wastewater
5 treatment systems are constructed in areas that will result
6 in the maximum utilization of existing systems, prior to the
7 development and construction of new systems.
8 (10) To ensure that new or major extension of existing
9 public water and wastewater treatment systems are constructed
10 only in those areas within which anticipated growth and
11 development can adequately be sustained within the financial
12 and environmental structure RESOURCES of the area. <--
13 (11) To identify those areas where growth and
14 development will occur so that a full range of urban PUBLIC <--
15 INFRASTRUCTURE services including sewer, water, highways,
16 police and fire protection, public schools, parks, open space
17 and other services can be adequately planned and provided as
18 needed to accommodate the growth that occurs.
19 (12) To encourage innovations in residential, commercial
20 and industrial development to meet growing population demands
21 by an increased variety in type, design and layout of
22 structures and by the conservation and more efficient use of
23 open space ancillary of such structures.
24 (13) TO FACILITATE THE DEVELOPMENT OF AFFORDABLE HOUSING <--
25 IN NUMBERS CONSISTENT WITH THE NEED FOR SUCH HOUSING AS SHOWN
26 BY EXISTING AND PROJECTED POPULATION AND EMPLOYMENT DATA FOR
27 THE REGION.
28 Section 601-A 602-A. Definitions.--Subject to additional <--
29 definitions contained in subsequent provisions of this article
30 which are applicable to specific provisions of this article, the
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1 following words and phrases when used in this article shall have
2 the meanings given to them in this section unless the context
3 clearly indicates otherwise:
4 "Designated growth area," a region within a county described
5 in a municipal or multimunicipal plan that includes and
6 surrounds a city, borough or village, and within which
7 residential and mixed use development is permitted or planned
8 for at densities of one unit to the acre or more, commercial,
9 industrial and institutional uses are permitted or planned for
10 and urban PUBLIC INFRASTRUCTURE services are provided or <--
11 planned.
12 "Development of regional significance and impact," any land
13 development that, because of its character, magnitude, or
14 location will have substantial effect upon the health, safety,
15 or welfare of citizens in more than one municipality.
16 "Future growth area," an area of a municipal or
17 multimunicipal plan outside of and adjacent to a designated
18 growth area where residential, commercial, industrial and
19 institutional uses and development are permitted or planned at
20 varying densities and urban services may or may not be provided,
21 but future development at greater densities is planned to
22 accompany the orderly extension and provision of urban services.
23 "Growth boundary," a perimeter line drawn around a designated
24 growth area for the purpose of separating such area from rural
25 resource areas in a municipal or multimunicipal comprehensive
26 plan and implemented by municipalities through intermunicipal
27 cooperative agreements, ordinances and official maps, as amended
28 from time to time to include all or part of a future growth
29 area.
30 "PUBLIC INFRASTRUCTURE AREA," A DESIGNATED GROWTH AREA AND <--
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1 ALL OR ANY PORTION OF A FUTURE GROWTH AREA DESCRIBED IN A COUNTY
2 OR MULTIMUNICIPAL COMPREHENSIVE PLAN WHERE PUBLIC INFRASTRUCTURE
3 SERVICES WILL BE PROVIDED AND OUTSIDE OF WHICH SUCH PUBLIC
4 INFRASTRUCTURE SERVICES WILL NOT BE PROVIDED.
5 "PUBLIC INFRASTRUCTURE SERVICES," SERVICES THAT ARE PROVIDED
6 TO AREAS WITHIN DENSITIES OF ONE OR MORE UNITS TO THE ACRE,
7 INCLUDING PROVISION OF SANITARY SEWERS AND FACILITIES FOR THE
8 COLLECTION AND TREATMENT OF SEWAGE, WATER LINES AND FACILITIES
9 FOR THE PUMPING AND TREATING OF WATER, FIRE PROTECTION, PARKS
10 AND OPEN SPACE, STREETS AND SIDEWALKS, PUBLIC TRANSPORTATION AND
11 OTHER SERVICES THAT MAY BE APPROPRIATE AREAS WITHIN A GROWTH
12 AREA.
13 "Rural resource area," an area described in a municipal or
14 multimunicipal plan within which rural resource uses including,
15 but not limited to, agriculture, timbering, mining, quarrying
16 and other extractive industries, forest and game lands and
17 recreation and tourism are encouraged and enhanced, development
18 that is compatible with or supportive of such uses is permitted,
19 and urban PUBLIC INFRASTRUCTURE services are not provided except <--
20 in villages.
21 "Service area," a designated growth area and all or any <--
22 portion of a future growth area described in a county or
23 multimunicipal comprehensive plan where services will be
24 provided and outside of which such services will not be
25 provided.
26 "Services," services that are provided to areas within
27 densities of one or more units to the acre, including provision
28 of sanitary sewers and facilities for the collection and
29 treatment of sewage, water lines and facilities for the pumping
30 and treating of water, fire protection, parks and open space,
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1 streets and sidewalks, public transportation and other services
2 that may be appropriate areas within a growth boundary.
3 "Specific plan," a detailed plan for development of an area
4 covered by a municipal or multimunicipal comprehensive plan,
5 which when approved and adopted by the participating
6 municipalities through ordinances and agreements, supersedes all
7 other applicable ordinances.
8 "Village," an unincorporated settlement that is part of a
9 township where residential and mixed use densities of one unit
10 to the acre or more exist or are permitted and limited
11 commercial, industrial and institutional uses exist or are
12 permitted.
13 Section 603-A. Intergovernmental Cooperative Planning and
14 Implementation Agreements.--(a) The governing bodies of a <--
15 county and/or local municipalities located within the county may
16 enter into intergovernmental cooperative agreements, as provided
17 by the act of July 12, 1972 (P.L.762, No.180), referred to as
18 the Intergovernmental Cooperation Law, for the purpose of
19 developing, adopting and implementing a comprehensive plan for
20 the entire county or for any area within the county. Such
21 agreements may also be entered into between and among counties
22 and municipalities for areas that include municipalities in more
23 than one county, and between and among counties and local, <--
24 municipalities and State agencies, school districts, authorities
25 and special districts providing water and sewer facilities,
26 transportation planning or other services within the area of a
27 plan.
28 (b) Where municipalities representing 25% of the total <--
29 municipalities of a county propose that the entire county adopt
30 a county comprehensive plan developed in conformity with this
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1 article, the county commissioners shall, at least ninety days
2 prior to the next primary or general election, file such
3 proposal as a petition for referendum to be voted upon as
4 authorized by section 6 of the Intergovernmental Cooperation
5 Law. If adopted by the electorate, the county comprehensive plan
6 shall be implemented by intergovernmental implementation
7 agreements, conforming ordinances and resolutions, or both, as
8 appropriate.
9 Section 604-A. County or Multimunicipal Comprehensive
10 Plans.--(a) (1) The comprehensive plan that is the
11 subject of an agreement may be developed by the
12 municipalities, by the county planning agency, or agencies in
13 the case of a plan covering municipalities in more than one
14 county, in cooperation with local municipalities within the
15 area and shall include all the elements required or
16 authorized in section 301 for the region of the plan.
17 (2) The plan shall:
18 (i) Identify growth areas where:
19 (A) Orderly and efficient development to
20 accommodate the projected growth of the area within
21 the next 20 years is planned for residential and
22 mixed use densities of one unit or more per acre.
23 (B) Commercial, industrial and institutional
24 uses to provide for the economic and employment needs
25 of the area and to insure that the area has an
26 adequate tax base are planned for.
27 (C) Services to serve such development are
28 provided or planned for.
29 (ii) Designate potential future growth areas where
30 future development is planned for densities to accompany
19990H0014B3295 - 8 -
1 the orderly extension and provision of services.
2 (iii) Designate rural resource areas, IF APPLICABLE, <--
3 where:
4 (A) Rural resource uses are planned for.
5 (B) Development at densities that are compatible
6 with rural resource uses are or may be permitted.
7 (C) Services are not provided or planned for
8 except in villages.
9 (iv) Plan for the accommodation of all categories of
10 uses within the area of the plan, including a wide range
11 of housing opportunities for all income levels and a
12 reasonable allocation of affordable housing to
13 accommodate low to moderate-income households within all <--
14 of the municipalities that are included in the plan,
15 provided, however, that such housing need not be new <--
16 housing in rural resource areas and that all uses need
17 not be provided in every municipality, but shall be
18 planned and provided for over the area of the plan.
19 (v) Plan for developments of area wide significance
20 and impact, particularly those identified in section
21 301(3) and (4).
22 (vi) Plan for the conservation and enhancement of
23 the natural, scenic, historic and aesthetic resources
24 within the area of the plan, including, but not limited
25 to, surface and groundwater resources, air quality,
26 forest and game lands, historic sites and scenic vistas.
27 (b) The plan may delineate a growth boundary or boundaries
28 around the perimeter of designated growth areas to separate such
29 areas from future growth areas and rural resource areas.
30 (c) The county shall have primary responsibility for
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1 facilitating a joint planning process and may enter into
2 cooperative planning agreements with participating
3 municipalities governing particular planning subjects and
4 responsibilities. The planning process shall include a public
5 participation process to assure that all governing bodies,
6 municipal authorities, school districts and agencies, whether
7 public or private, having jurisdiction or operating within the
8 area of the plan and landowners and citizens affected by the
9 plan have an opportunity to be heard prior to the public
10 hearings required for the adoption of the plan under section
11 302(a).
12 (d) Adoption of the plan and plan amendments shall conform
13 to the requirements of section 302. Where a county and
14 municipality have developed and adopted a comprehensive county
15 or multimunicipal plan that conforms to the requirements of this
16 article within five years prior to the date of adoption of this
17 article, the plan may be implemented by agreements as provided
18 for in this article.
19 Section 605-A. Implementation Agreements.--(a) In order to
20 implement county and multimunicipal comprehensive plans, under
21 section 604 counties and municipalities shall have authority to
22 enter into intergovernmental cooperative agreements with other
23 agencies, including State agencies, municipal authorities,
24 school districts, special districts and agencies, whether public
25 or private, having jurisdiction or operating within the region
26 of an adopted plan. Municipalities and agencies that enter into
27 agreements with a county to implement a county or multimunicipal
28 comprehensive plan shall be known as participating
29 municipalities and participating agencies.
30 (b) Cooperative implementation agreements between a county
19990H0014B3295 - 10 -
1 and one or more municipalities shall:
2 (1) Establish the process that the county and
3 participating municipalities will use to achieve consistency
4 between the county or multimunicipal comprehensive plan and
5 implementing local plans and land-use regulations within
6 participating municipalities, including adoption of
7 conforming ordinances by participating municipalities within
8 two years.
9 (2) Establish a process for review and approval of
10 developments of regional significance and impact that are
11 proposed within any participating municipality. SUBDIVISION <--
12 AND LAND DEVELOPMENT APPROVAL POWERS UNDER THIS ARTICLE SHALL
13 ONLY BE EXERCISED BY THE MUNICIPALITY IN WHICH THE PROPERTY
14 WHERE THE APPROVAL IS SOUGHT. UNDER NO CIRCUMSTANCES SHALL A
15 SUBDIVISION OR LAND DEVELOPMENT APPLICANT BE REQUIRED TO
16 UNDERGO MORE THAN ONE APPROVAL PROCESS.
17 (3) Establish the role and responsibilities of
18 participating municipalities with respect to implementation
19 of the plan, including the provision of PUBLIC INFRASTRUCTURE <--
20 services within participating municipalities as described in
21 subsection (d), THE PROVISION OF AFFORDABLE HOUSING, the <--
22 purchase of real property, including rights-of-way and
23 easements, and the achievement of performance standards
24 contained in the county or multimunicipal comprehensive plan.
25 (4) Require a yearly report by participating
26 municipalities to the county planning agency and by the
27 county planning agency to the participating municipalities
28 concerning activities carried out pursuant to the agreement
29 during the previous year. SUCH REPORTS SHALL INCLUDE <--
30 SUMMARIES OF PUBLIC INFRASTRUCTURE NEEDS IN GROWTH AREAS AND
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1 PROGRESS TOWARD MEETING THOSE NEEDS THROUGH CAPITAL
2 IMPROVEMENT PLANS AND IMPLEMENTING ACTIONS, AND REPORTS ON
3 DEVELOPMENT APPLICATIONS AND DISPOSITIONS FOR RESIDENTIAL,
4 COMMERCIAL, AND INDUSTRIAL DEVELOPMENT IN EACH PARTICIPATING
5 MUNICIPALITY FOR THE PURPOSE OF EVALUATING THE EXTENT OF
6 PROVISION FOR ALL CATEGORIES OF USE AND HOUSING FOR ALL
7 INCOME LEVELS WITHIN THE REGION OF THE PLAN.
8 (5) Describe any other duties and responsibilities as
9 may be agreed upon by the parties.
10 (c) Cooperative implementation agreements may establish
11 growth boundaries that have been identified in the county or
12 multimunicipal plan for the purpose of separating designed
13 growth areas from future growth areas and rural resource areas
14 within the plan. Growth boundaries shall generally be drawn
15 around cities, boroughs and villages where infrastructure exists
16 and future growth is planned for shall follow tax parcel lines,
17 and may include areas in more than one municipality within the
18 area of the plan. Growth boundaries, as delineated in a plan and
19 agreed to in cooperative implementation agreements, shall be
20 shown on the official map of a participating municipality as
21 provided in Article IV-A. When a growth boundary is established
22 by agreement, the agreement shall also provide a process for
23 amending the boundary to include all or portions of future
24 growth areas.
25 (d) The county shall have primary responsibility for
26 convening representatives of local municipalities, municipal
27 authorities, special districts, public utilities, whether public
28 or private, or other agencies that provide or declare an
29 interest in providing, a service in a service area or a portion <--
30 of a service area within growth boundary A PUBLIC INFRASTRUCTURE <--
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1 SERVICE IN A PUBLIC INFRASTRUCTURE SERVICE AREA OR A PORTION OF
2 A PUBLIC INFRASTRUCTURE SERVICE AREA WITHIN A GROWTH AREA, as
3 established in a county or multimunicipal comprehensive plan,
4 for the purpose of negotiating agreements for the provision of
5 SUCH services. The county may provide or contract with others to <--
6 provide technical assistance, mediation or dispute resolution
7 services in order to assist the parties in negotiating such
8 agreements.
9 Section 606-A. Legal Effect.--Where EFFECT.--(A) WHERE a <--
10 county and/or local municipalities have adopted a county or
11 multimunicipal plan under section 604 and participating
12 municipalities have conformed their local plans and ordinances
13 to the county or multimunicipal plan by implementing cooperative
14 agreements and adopting appropriate resolutions and ordinances,
15 the following rules shall be applicable:
16 (1) The zoning ordinances of participating
17 municipalities shall not be subject to challenge by curative
18 amendment under sections 609.1 and 609.2.
19 (2) State agency decisions for the funding or permitting
20 of infrastructure or facilities shall be consistent with the
21 county or multimunicipal plan.
22 (3) Act 537 plans under the act of January 24, 1966 <--
23 (1965 P.L.1535, No.537), known as the "Pennsylvania Sewage
24 Facilities Act," for sewage facilities shall be required to
25 be consistent with the plan adopted under this article.
26 (4) (3) In considering any challenge to the validity of
27 the zoning ordinance of a participating municipality on the
28 ground that the ordinance is exclusionary or does not provide
29 for a specific use, a court shall consider all uses and
30 zoning densities available within the area of the plan rather
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1 than within the specific municipality whose ordinance is
2 under review, and determine whether the plan as implemented
3 by consistent county and municipal ordinances makes a
4 reasonable amount of land in reasonable geographic locations
5 available for all uses within the area of the plan.
6 (b) A county and participating municipalities that have <--
7 adopted and implemented PROPOSE TO ADOPT OR HAVE ADOPTED AND ARE <--
8 IMPLEMENTING a county or multimunicipal plan as described in
9 this article shall be entitled to priority consideration when
10 applying for State financial or technical assistance loans or
11 grants for projects or programs consistent with the plan,
12 including, but not limited to, the following programs, as
13 amended from time to time:
14 (1) Planning assistance grants under the act of June 27,
15 1996 (P.L.403, No.58), known as the "Community and Economic
16 Development Enhancement Act."
17 (2) Economic development loans and grants under the
18 "Community and Economic Development Enhancement Act."
19 (3) Grants for shared municipal services under the
20 "Community and Economic Development Enhancement Act."
21 (4) Housing finance loans and grants under the act of
22 December 3, 1959 (P.L.1688, No.621), known as the "Housing
23 Finance Agency Law," and the act of May 20, 1949 (P.L.1633,
24 No.493), known as the "Housing and Redevelopment Assistance
25 Law."
26 (5) PENNVEST loans and grants under the act of March 1,
27 1988 (P.L.82, No.16), known as the "Pennsylvania
28 Infrastructure Investment Authority Act."
29 (6) Transportation funding under 74 Pa.C.S. Part II
30 (relating to public transportation) and the act of July 9,
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1 1985 (P.L.187, No.47), known as the Transportation
2 Partnership Act.
3 (7) Recreation and parks funding under the act of July
4 2, 1984 (P.L.527, No.106), known as the "Recreational
5 Improvement and Rehabilitation Act."
6 (8) Parks and open space funding under the act of July
7 2, 1993 (P.L.359, No.50), known as the "Keystone Recreation,
8 Park and Conservation Fund Act."
9 (9) Funding for heritage park programs under the act of
10 June 28, 1995 (P.L.89, No.18), known as the "Conservation and
11 Natural Resources Act."
12 (10) Purchase of development rights for farmland
13 preservation under the act of June 30, 1981 (P.L.128, No.43),
14 known as the "Agricultural Area Security Law."
15 (11) Grants and assistance under the act of October 4,
16 1978 (P.L.851, No.166), known as the "Flood Plain Management
17 Act."
18 (12) Grants and assistance under the act of October 4,
19 1978 (P.L.864, No.167), known as the "Storm Water Management
20 Act."
21 (13) Grants and loans to municipalities under the act of
22 May 19, 1995 (P.L.4, No.2), known as the "Land Recycling and
23 Environmental Remediation Standards Act."
24 (c) A county and participating municipalities that have
25 entered into implementation agreements to carry out a county or
26 multimunicipal plan as described in this article shall have the
27 following additional powers:
28 (1) To provide by cooperative agreement for the sharing
29 of tax revenues and fees by municipalities within the region
30 of the plan.
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1 (2) To adopt a transfer of development rights program by
2 adoption of a county ordinance applicable to the entire
3 county or to the region of the plan so as to enable
4 development rights to be transferred from rural resource
5 areas in any municipality within the plan to designated
6 growth areas in any municipality within the county or area of
7 the plan.
8 (D) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE <--
9 A MUNICIPALITY TO REGULATE THE ALLOCATION OR WITHDRAWAL OF WATER
10 RESOURCES BY A MUNICIPAL AUTHORITY OR WATER COMPANY THAT IS
11 OTHERWISE REGULATED BY THE PENNSYLVANIA PUBLIC UTILITY
12 COMMISSION OR OTHER FEDERAL OR STATE AGENCIES OR STATUTES.
13 (E) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS LIMITING
14 THE AUTHORITY OF THE PENNSYLVANIA PUBLIC UTILITY COMMISSION OVER
15 THE IMPLEMENTATION, LOCATION, CONSTRUCTION AND MAINTENANCE OF
16 PUBLIC UTILITY FACILITIES AND THE RENDERING OF PUBLIC UTILITY
17 SERVICES TO THE PUBLIC.
18 Section 607-A. Specific Plans.--(a) A county or counties
19 and participating municipalities shall have authority to adopt a
20 specific plan for the systematic implementation of a county or
21 multimunicipal comprehensive plan for any part of the area
22 covered by the plan. Such specific plan shall include a text and
23 a diagram or diagrams and implementing ordinances which specify
24 all of the following in detail:
25 (1) The distribution, location, extent of area and
26 standards for land uses and facilities, including design of
27 sewage, water, drainage and other essential facilities needed
28 to support the land uses.
29 (2) The location, classification and design of all
30 transportation facilities, including, but not limited to,
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1 streets and roads needed to serve the land uses described in
2 the specific plan.
3 (3) Standards for population density, land coverage,
4 building intensity and supporting services, including
5 utilities.
6 (4) Standards for the preservation, conservation,
7 development and use of natural resources, including the
8 protection of significant open spaces, resource lands and
9 agricultural lands within or adjacent to the area covered by
10 the specific plan.
11 (5) A program of implementation including regulations,
12 financing of the capital improvements and provisions for
13 repealing or amending the specific plan. Regulations may
14 include zoning, storm water, subdivision and land
15 development, highway access and any other provisions for
16 which municipalities are authorized by law to enact. The
17 regulations may be amended into the county or municipal
18 ordinances or adopted as separate ordinances. If enacted as
19 separate ordinances for the area covered by the specific
20 plan, the ordinances shall repeal and replace any county or
21 municipal ordinances in effect within the area covered by the
22 specific plan and ordinances shall conform to the provisions
23 of the specific plan.
24 (b) (1) No specific plan may be adopted or amended unless
25 the proposed plan or amendment is consistent with an adopted
26 county or multi-municipal comprehensive plan.
27 (2) No capital project by any municipal authority, local
28 government, or State agency shall be approved or undertaken,
29 and no final plan, development plan or plat for any
30 subdivision or development of land shall be approved unless
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1 such projects, plans or plats are consistent with the adopted
2 specific plan.
3 (c) In adopting or amending a specific plan, a county and
4 participating municipalities shall use the same procedures as
5 provided in this article for adopting comprehensive plans and
6 ordinances.
7 (d) Whenever a specific plan has been adopted, applicants
8 for subdivision or land development approval shall be required
9 to submit only a final plan as provided in Article V, provided
10 that such final plan is consistent with and implements the
11 adopted specific plan.
12 (e) A county or participating municipalities, after adopting <--
13 a specific plan, may impose a fee upon persons seeking
14 governmental approvals, which are required to be consistent with
15 the specific plan, for the purpose of defraying the cost of
16 preparing adopting, enforcing and administering the specific
17 plan. As nearly as can be estimated, the fee charges shall be a
18 prorated amount in accordance with the applicant's relative
19 benefit derived from the specific plan. Counties and
20 municipalities are authorized to enter into financial agreements
21 with landowners who would benefit from the adoption of a
22 specific plan, whereby the landowner agrees to compensate a
23 county or municipality for the cost of preparing and adopting a
24 specific plan that is consistent with an adopted county or
25 multi-municipal comprehensive plan.
26 (E) A COUNTY OR COUNTIES AND PARTICIPATING MUNICIPALITIES <--
27 ARE PROHIBITED FROM ASSESSING SUBDIVISION AND LAND DEVELOPMENT
28 APPLICANTS FOR THE COST OF THE SPECIFIC PLAN.
29 ARTICLE VII-A
30 TRADITIONAL NEIGHBORHOOD DEVELOPMENT
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1 SECTION 701-A. PURPOSES AND OBJECTIVES.--(A) IN AN ERA OF
2 INCREASING SPRAWLED DEVELOPMENT AND OF GROWING DEMAND FOR
3 HOUSING OF ALL TYPES AND DESIGN, THIS ARTICLE GRANTS POWERS TO
4 MUNICIPALITIES FOR THE FOLLOWING PURPOSES:
5 (1) TO INSURE THAT THE PROVISIONS OF ARTICLE VI WHICH
6 ARE CONCERNED IN PART WITH THE UNIFORM TREATMENT OF DWELLING
7 TYPE, BULK, DENSITY, INTENSITY AND OPEN SPACE WITHIN EACH
8 ZONING DISTRICT, SHALL NOT BE APPLIED TO THE IMPROVEMENT OF
9 LAND BY OTHER THAN LOT BY LOT DEVELOPMENT IN A MANNER THAT
10 WOULD DISTORT THE OBJECTIVES OF ARTICLE VI;
11 (2) TO ENCOURAGE INNOVATIONS IN RESIDENTIAL AND
12 NONRESIDENTIAL DEVELOPMENT AND RENEWAL WHICH MAKES USE OF A
13 MIXED USE FORM OF DEVELOPMENT SO THAT THE GROWING DEMAND FOR
14 HOUSING AND OTHER DEVELOPMENT MAY BE MET BY GREATER VARIETY
15 IN TYPE, DESIGN AND LAYOUT OF DWELLINGS AND OTHER BUILDINGS
16 AND STRUCTURES AND BY THE CONSERVATION AND MORE EFFICIENT USE
17 OF OPEN SPACE ANCILLARY TO SAID DWELLINGS AND USES;
18 (3) TO EXTEND GREATER OPPORTUNITIES FOR BETTER HOUSING,
19 RECREATION AND ACCESS TO GOODS, SERVICES AND EMPLOYMENT
20 OPPORTUNITIES TO ALL CITIZENS AND RESIDENTS OF THIS
21 COMMONWEALTH;
22 (4) TO ENCOURAGE A MORE EFFICIENT USE OF LAND AND OF
23 PUBLIC SERVICES TO REFLECT CHANGES IN THE TECHNOLOGY OF LAND
24 DEVELOPMENT SO THAT ECONOMIES SECURED MAY BENEFIT THOSE WHO
25 NEED HOMES AND FOR OTHER USES;
26 (5) TO ALLOW FOR THE DEVELOPMENT OF FULLY INTEGRATED,
27 MIXED-USE PEDESTRIAN ORIENTED NEIGHBORHOODS;
28 (6) TO MINIMIZE TRAFFIC CONGESTION, SUBURBAN SPRAWL,
29 INFRASTRUCTURE COSTS AND ENVIRONMENTAL DEGRADATION;
30 (7) TO PROMOTE THE IMPLEMENTATION OF THE OBJECTIVES OF
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1 THE MUNICIPAL OR MULTIMUNICIPAL COMPREHENSIVE PLAN FOR
2 GUIDING THE LOCATION FOR GROWTH;
3 (8) TO PROVIDE A PROCEDURE, IN AID OF THESE PURPOSES,
4 WHICH CAN RELATE THE TYPE, DESIGN AND LAYOUT OF RESIDENTIAL
5 AND NONRESIDENTIAL DEVELOPMENT TO THE PARTICULAR SITE AND THE
6 PARTICULAR DEMAND FOR HOUSING EXISTING AT THE TIME OF
7 DEVELOPMENT IN A MANNER CONSISTENT WITH THE PRESERVATION OF
8 THE PROPERTY VALUES WITHIN EXISTING RESIDENTIAL AND
9 NONRESIDENTIAL AREAS; AND
10 (9) TO INSURE THAT THE INCREASED FLEXIBILITY OF
11 REGULATIONS OVER LAND DEVELOPMENT AUTHORIZED HEREIN IS
12 CARRIED OUT UNDER SUCH ADMINISTRATIVE STANDARDS AND PROCEDURE
13 AS SHALL ENCOURAGE THE DISPOSITION OF PROPOSALS FOR LAND
14 DEVELOPMENT WITHOUT UNDUE DELAY.
15 (B) THE OBJECTIVES OF A TRADITIONAL NEIGHBORHOOD DEVELOPMENT
16 ARE:
17 (1) TO ESTABLISH A COMMUNITY WHICH IS PEDESTRIAN-
18 ORIENTED WITH A NUMBER OF PARKS, A CENTRALLY LOCATED PUBLIC
19 COMMONS, SQUARE, PLAZA, PARK OR PROMINENT INTERSECTION OF TWO
20 OR MORE MAJOR STREETS, COMMERCIAL ENTERPRISES AND CIVIC AND
21 OTHER PUBLIC BUILDINGS AND FACILITIES FOR SOCIAL ACTIVITY,
22 RECREATION AND COMMUNITY FUNCTIONS;
23 (2) TO MINIMIZE TRAFFIC CONGESTION AND REDUCE THE NEED
24 FOR EXTENSIVE ROAD CONSTRUCTION BY REDUCING THE NUMBER AND
25 LENGTH OF AUTOMOBILE TRIPS REQUIRED TO ACCESS EVERYDAY NEEDS;
26 (3) TO MAKE PUBLIC TRANSIT A VIABLE ALTERNATIVE TO THE
27 AUTOMOBILE BY ORGANIZING APPROPRIATE BUILDING DENSITIES;
28 (4) TO PROVIDE THE ELDERLY AND THE YOUNG WITH
29 INDEPENDENCE OF MOVEMENT BY LOCATING MOST DAILY ACTIVITIES
30 WITHIN WALKING DISTANCE;
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1 (5) TO FOSTER THE ABILITY OF CITIZENS TO COME TO KNOW
2 EACH OTHER AND TO WATCH OVER THEIR MUTUAL SECURITY BY
3 PROVIDING PUBLIC SPACES SUCH AS STREETS, PARKS AND SQUARES
4 AND MIXED USE WHICH MAXIMIZES THE PROXIMITY TO NEIGHBORS AT
5 ALMOST ALL TIMES OF THE DAY;
6 (6) TO FOSTER A SENSE OF PLACE AND COMMUNITY BY
7 PROVIDING A SETTING THAT ENCOURAGES THE NATURAL INTERMINGLING
8 OF EVERYDAY USES AND ACTIVITIES WITHIN A RECOGNIZABLE
9 NEIGHBORHOOD;
10 (7) TO INTEGRATE AGE AND INCOME GROUPS AND FOSTER THE
11 BONDS OF AN AUTHENTIC COMMUNITY BY PROVIDING A RANGE OF
12 HOUSING TYPES, SHOPS AND WORKPLACES; AND
13 (8) TO ENCOURAGE COMMUNITY ORIENTED INITIATIVES AND TO
14 SUPPORT THE BALANCED DEVELOPMENT OF SOCIETY BY PROVIDING
15 SUITABLE CIVIC AND PUBLIC BUILDINGS AND FACILITIES.
16 SECTION 702-A. GRANT OF POWER.--THE GOVERNING BODY OF EACH
17 MUNICIPALITY MAY ENACT, AMEND AND REPEAL PROVISIONS OF A ZONING
18 ORDINANCE IN ORDER TO FIX STANDARDS AND CONDITIONS FOR
19 TRADITIONAL NEIGHBORHOOD DEVELOPMENT. THE PROVISIONS FOR
20 STANDARDS AND CONDITIONS FOR TRADITIONAL NEIGHBORHOOD
21 DEVELOPMENT SHALL BE INCLUDED WITHIN THE ZONING ORDINANCE AND
22 THE ENACTMENT OF THE TRADITIONAL NEIGHBORHOOD DEVELOPMENT
23 PROVISIONS SHALL BE IN ACCORDANCE WITH THE PROCEDURES REQUIRED
24 FOR THE ENACTMENT OF AN AMENDMENT OF A ZONING ORDINANCE AS
25 PROVIDED IN ARTICLE VI. THE PROVISIONS SHALL:
26 (1) SET FORTH THE STANDARDS, CONDITIONS AND REGULATIONS
27 INCLUDING, IF DESIRED, THE USE OF OVERLAY ZONES, FOR A
28 TRADITIONAL NEIGHBORHOOD DEVELOPMENT CONSISTENT WITH THIS
29 ARTICLE.
30 (2) SET FORTH THE PROCEDURES PERTAINING TO THE
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1 APPLICATION FOR, HEARING ON AND TENTATIVE AND FINAL APPROVAL
2 OF A TRADITIONAL NEIGHBORHOOD DEVELOPMENT, WHICH SHALL BE
3 CONSISTENT WITH THIS ARTICLE FOR THOSE APPLICATIONS AND
4 HEARINGS.
5 SECTION 703-A. TRANSFERABLE DEVELOPMENT RIGHTS.--
6 MUNICIPALITIES ELECTING TO ENACT TRADITIONAL NEIGHBORHOOD
7 DEVELOPMENT PROVISIONS MAY ALSO INCORPORATE PROVISIONS FOR
8 TRANSFERABLE DEVELOPMENT RIGHTS, ON A VOLUNTARY BASIS, IN
9 ACCORDANCE WITH EXPRESS STANDARDS AND CRITERIA SET FORTH IN THE
10 ORDINANCE AND WITH THE REQUIREMENTS OF ARTICLE VI.
11 SECTION 704-A. APPLICABILITY OF COMPREHENSIVE PLAN AND
12 STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES.--ALL PROVISIONS
13 AND ALL AMENDMENTS TO THE PROVISIONS ADOPTED PURSUANT TO THIS
14 ARTICLE SHALL BE BASED ON AND INTERPRETED IN RELATION TO THE
15 STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES OF THE ZONING
16 ORDINANCE AND SHALL BE CONSISTENT WITH EITHER THE COMPREHENSIVE
17 PLAN OF THE MUNICIPALITY OR THE STATEMENT OF COMMUNITY
18 DEVELOPMENT OBJECTIVES IN ACCORDANCE WITH SECTION 606. EVERY
19 APPLICATION FOR THE APPROVAL OF A TRADITIONAL NEIGHBORHOOD
20 DEVELOPMENT SHALL BE BASED ON AND INTERPRETED IN RELATION TO THE
21 STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES, AND SHALL BE
22 CONSISTENT WITH THE COMPREHENSIVE PLAN.
23 SECTION 705-A. FORMS OF TRADITIONAL NEIGHBORHOOD
24 DEVELOPMENT.--A TRADITIONAL NEIGHBORHOOD DEVELOPMENT MAY BE
25 DEVELOPED AND APPLIED IN ANY OF THE FOLLOWING FORMS.
26 (1) AS A NEW DEVELOPMENT.
27 (2) AS AN OUTGROWTH OF EXISTING DEVELOPMENT.
28 (3) AS A FORM OF URBAN INFILL WHERE EXISTING USES AND
29 STRUCTURES MAY BE INCORPORATED INTO THE DEVELOPMENT.
30 (4) IN ANY COMBINATION OR VARIATION OF THE ABOVE.
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1 SECTION 706-A. STANDARDS AND CONDITIONS FOR TRADITIONAL
2 NEIGHBORHOOD DEVELOPMENT.--(A) ALL PROVISIONS ADOPTED PURSUANT
3 TO THIS ARTICLE SHALL SET FORTH ALL THE STANDARDS, CONDITIONS
4 AND REGULATIONS BY WHICH A PROPOSED TRADITIONAL NEIGHBORHOOD
5 DEVELOPMENT SHALL BE EVALUATED, AND THOSE STANDARDS, CONDITIONS
6 AND REGULATIONS SHALL BE CONSISTENT WITH THE FOLLOWING
7 SUBSECTIONS.
8 (B) THE PROVISIONS ADOPTED PURSUANT TO THIS ARTICLE SHALL SET
9 FORTH THE USES PERMITTED IN TRADITIONAL NEIGHBORHOOD
10 DEVELOPMENT, WHICH USES MAY INCLUDE, BUT SHALL NOT BE LIMITED
11 TO:
12 (1) DWELLING UNITS OF ANY DWELLING TYPE OR
13 CONFIGURATION, OR ANY COMBINATION THEREOF.
14 (2) THOSE NONRESIDENTIAL USES DEEMED TO BE APPROPRIATE
15 FOR INCORPORATION IN THE DESIGN OF THE TRADITIONAL
16 NEIGHBORHOOD DEVELOPMENT.
17 (C) THE PROVISIONS MAY ESTABLISH REGULATIONS SETTING FORTH
18 THE TIMING OF DEVELOPMENT AMONG THE VARIOUS TYPES OF DWELLINGS
19 AND MAY SPECIFY WHETHER SOME OR ALL NONRESIDENTIAL USES ARE TO
20 BE BUILT BEFORE, AFTER OR AT THE SAME TIME AS THE RESIDENTIAL
21 USES.
22 (D) THE PROVISIONS ADOPTED PURSUANT TO THIS ARTICLE SHALL
23 ESTABLISH STANDARDS GOVERNING THE DENSITY, OR INTENSITY OF LAND
24 USE, IN A TRADITIONAL NEIGHBORHOOD DEVELOPMENT. THE STANDARDS
25 MAY VARY THE DENSITY OR INTENSITY OF LAND USE, OTHERWISE
26 APPLICABLE TO THE LAND UNDER THE PROVISIONS OF A ZONING
27 ORDINANCE OF THE MUNICIPALITY WITHIN THE TRADITIONAL
28 NEIGHBORHOOD DEVELOPMENT. IT IS RECOMMENDED THAT THE PROVISIONS
29 ADOPTED BY THE MUNICIPALITY PURSUANT TO THIS ARTICLE INCLUDE,
30 BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:
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1 (1) THE AMOUNT, LOCATION AND PROPOSED USE OF COMMON OPEN
2 SPACE, PROVIDING FOR PARKS TO BE DISTRIBUTED THROUGHOUT THE
3 NEIGHBORHOOD AS WELL AS THE ESTABLISHMENT OF A CENTRALLY
4 LOCATED PUBLIC COMMONS, SQUARE, PARK, PLAZA OR PROMINENT
5 INTERSECTION OF TWO OR MORE MAJOR STREETS.
6 (2) THE LOCATION AND PHYSICAL CHARACTERISTICS OF THE
7 SITE OF THE PROPOSED TRADITIONAL NEIGHBORHOOD DEVELOPMENT,
8 PROVIDING FOR THE RETAINING AND ENHANCING, WHERE PRACTICABLE,
9 OF NATURAL FEATURES SUCH AS WETLANDS, PONDS, LAKES,
10 WATERWAYS, TREES OF HIGH QUALITY, SIGNIFICANT TREE STANDS AND
11 OTHER SIGNIFICANT NATURAL FEATURES. THESE SIGNIFICANT NATURAL
12 FEATURES SHOULD BE AT LEAST PARTIALLY FRONTED BY PUBLIC
13 TRACTS WHENEVER POSSIBLE.
14 (3) THE LOCATION AND PHYSICAL CHARACTERISTICS OF THE
15 SITE OF THE PROPOSED TRADITIONAL NEIGHBORHOOD DEVELOPMENT SO
16 THAT IT WILL DEVELOP OUT OF THE LOCATION OF SQUARES, PARKS
17 AND OTHER NEIGHBORHOOD CENTERS AND SUBCENTERS. ZONING CHANGES
18 IN BUILDING TYPE SHOULD GENERALLY OCCUR AT MID-BLOCK RATHER
19 THAN MID-STREET AND BUILDINGS SHOULD TEND TO BE ZONED BY
20 COMPATIBILITY OF BUILDING TYPE RATHER THAN BUILDING USE. THE
21 PROPOSED TRADITIONAL NEIGHBORHOOD DEVELOPMENT SHOULD BE
22 DESIGNED TO WORK WITH THE TOPOGRAPHY OF THE SITE TO MINIMIZE
23 THE AMOUNT OF GRADING NECESSARY TO ACHIEVE A STREET NETWORK,
24 AND SOME SIGNIFICANT HIGH POINTS OF THE SITE SHOULD BE SET
25 ASIDE FOR PUBLIC TRACTS FOR THE LOCATION OF PUBLIC BUILDINGS
26 OR OTHER PUBLIC FACILITIES.
27 (4) THE LOCATION, DESIGN, TYPE AND USE OF STRUCTURES
28 PROPOSED, WITH MOST STRUCTURES BEING PLACED CLOSE TO THE
29 STREET AT GENERALLY THE EQUIVALENT OF ONE-QUARTER THE WIDTH
30 OF THE LOT OR LESS. THE DISTANCE BETWEEN THE SIDEWALK AND
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1 RESIDENTIAL DWELLINGS SHOULD, AS A GENERAL RULE, BE OCCUPIED
2 BY A SEMI-PUBLIC ATTACHMENT, SUCH AS A PORCH OR, AT A
3 MINIMUM, A COVERED ENTRYWAY.
4 (5) THE LOCATION, DESIGN, TYPE AND USE OF STREETS,
5 ALLEYS, SIDEWALKS AND OTHER PUBLIC RIGHTS-OF-WAY WITH A
6 HIERARCHY OF STREETS LAID OUT IN A RECTILINEAR OR GRID
7 PATTERN OF INTERCONNECTING STREETS AND BLOCKS THAT PROVIDE
8 MULTIPLE ROUTES FROM ORIGINS TO DESTINATIONS AND ARE
9 APPROPRIATELY DESIGNED TO SERVE THE NEEDS OF PEDESTRIANS AND
10 VEHICLES EQUALLY. AS SUCH, MOST STREETS, EXCEPT ALLEYS,
11 SHOULD HAVE SIDEWALKS.
12 (6) THE LOCATION FOR VEHICULAR PARKING WITH THE STREET
13 PLAN PROVIDING FOR ON STREET PARKING FOR MOST STREETS, WITH
14 THE EXCEPTION OF ALLEYS. ALL PARKING LOTS, EXCEPT WHERE THERE
15 IS A COMPELLING REASON TO THE CONTRARY, SHOULD BE LOCATED
16 EITHER BEHIND OR TO THE SIDE OF BUILDINGS AND, IN MOST CASES,
17 SHOULD BE LOCATED TOWARD THE CENTER OF BLOCKS SUCH THAT ONLY
18 THEIR ACCESS IS VISIBLE FROM ADJACENT STREETS. IN MOST CASES,
19 STRUCTURES LOCATED ON LOTS SMALLER THAN 50 FEET IN WIDTH
20 SHOULD BE SERVED BY A REAR ALLEY WITH ALL GARAGES FRONTING ON
21 ALLEYS. GARAGES NOT SERVED BY AN ALLEY SHOULD BE SET BACK A
22 MINIMUM OF 20 FEET FROM THE FRONT OF THE HOUSE OR ROTATED SO
23 THAT THE GARAGE DOORS DO NOT FACE ANY ADJACENT STREETS.
24 (7) THE MINIMUM AND MAXIMUM AREAS AND DIMENSIONS OF THE
25 PROPERTIES AND COMMON OPEN SPACE WITHIN THE PROPOSED
26 TRADITIONAL NEIGHBORHOOD DEVELOPMENT AND THE APPROXIMATE
27 DISTANCE FROM THE CENTER TO THE EDGE OF THE TRADITIONAL
28 NEIGHBORHOOD DEVELOPMENT. IT IS RECOMMENDED THAT THE DISTANCE
29 FROM THE CENTER TO THE EDGE OF THE TRADITIONAL NEIGHBORHOOD
30 DEVELOPMENT BE APPROXIMATELY ONE-QUARTER MILE OR LESS AND NOT
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1 MORE THAN ONE-HALF MILE. TRADITIONAL NEIGHBORHOOD
2 DEVELOPMENTS IN EXCESS OF ONE-HALF MILE DISTANCE FROM CENTER
3 TO EDGE SHOULD BE DIVIDED INTO TWO OR MORE DEVELOPMENTS.
4 (8) THE SITE PLAN TO PROVIDE FOR EITHER A NATURAL OR
5 MANMADE CORRIDOR TO SERVE AS THE EDGE OF THE NEIGHBORHOOD.
6 WHEN STANDING ALONE, THE TRADITIONAL NEIGHBORHOOD DEVELOPMENT
7 SHOULD FRONT ON OPEN SPACE TO SERVE AS ITS EDGE. SUCH OPEN
8 SPACE MAY INCLUDE, BUT IS NOT LIMITED TO, PARKS, A GOLF
9 COURSE, CEMETERY, FARMLAND OR NATURAL SETTINGS SUCH AS
10 WOODLANDS OR WATERWAYS. WHEN ADJACENT TO EXISTING DEVELOPMENT
11 THE TRADITIONAL NEIGHBORHOOD DEVELOPMENT SHOULD EITHER FRONT
12 ON OPEN SPACE, A STREET OR ROADWAY, OR ANY COMBINATION
13 HEREOF.
14 (9) THE GREATEST DENSITY OF HOUSING AND THE
15 PREPONDERANCE OF OFFICE AND COMMERCIAL USES SHOULD BE LOCATED
16 IN THE CENTER OF THE TRADITIONAL NEIGHBORHOOD DEVELOPMENT.
17 HOWEVER, IF THE NEIGHBORHOOD IS ADJACENT TO EXISTING
18 DEVELOPMENT OR A MAJOR ROADWAY THEN OFFICE, COMMERCIAL AND
19 DENSER RESIDENTIAL USES MAY BE LOCATED AT EITHER THE EDGE OR
20 THE CENTER, OR BOTH. COMMERCIAL USES LOCATED AT THE EDGE OF
21 THE TRADITIONAL NEIGHBORHOOD DEVELOPMENT MAY BE LOCATED
22 ADJACENT TO SIMILAR COMMERCIAL USES IN ORDER TO FORM A
23 GREATER COMMERCIAL CORRIDOR.
24 (E) IN THE CASE OF A TRADITIONAL NEIGHBORHOOD DEVELOPMENT
25 PROPOSED TO BE DEVELOPED OVER A PERIOD OF YEARS, STANDARDS
26 ESTABLISHED IN PROVISIONS ADOPTED PURSUANT TO THIS ARTICLE MAY,
27 TO ENCOURAGE THE FLEXIBILITY OF HOUSING DENSITY, DESIGN AND TYPE
28 INTENDED BY THIS ARTICLE:
29 (1) PERMIT A VARIATION IN EACH SECTION TO BE DEVELOPED
30 FROM THE DENSITY, OR INTENSITY OF USE, ESTABLISHED FOR THE
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1 ENTIRE TRADITIONAL NEIGHBORHOOD DEVELOPMENT.
2 (2) ALLOW FOR A GREATER CONCENTRATION OF DENSITY OR
3 INTENSITY OF LAND USE, WITHIN SOME SECTION OR SECTIONS OF
4 DEVELOPMENT, WHETHER IT BE EARLIER OR LATER IN THE
5 DEVELOPMENT THAN UPON OTHERS.
6 (3) REQUIRE THAT THE APPROVAL OF SUCH GREATER
7 CONCENTRATION OF DENSITY OR INTENSITY OF LAND USE FOR ANY
8 SECTION TO BE DEVELOPED BE OFFSET BY A SMALLER CONCENTRATION
9 IN ANY COMPLETED PRIOR STAGE OR BY AN APPROPRIATE RESERVATION
10 OF COMMON OPEN SPACE ON THE REMAINING LAND BY A GRANT OF
11 EASEMENT OR BY COVENANT IN FAVOR OF THE MUNICIPALITY,
12 PROVIDED THAT THE RESERVATION SHALL, AS FAR AS PRACTICABLE,
13 DEFER THE PRECISE LOCATION OF SUCH COMMON OPEN SPACE UNTIL AN
14 APPLICATION FOR FINAL APPROVAL IS FILED SO THAT FLEXIBILITY
15 OF DEVELOPMENT WHICH IS A PRIME OBJECTIVE OF THIS ARTICLE CAN
16 BE MAINTAINED.
17 (F) PROVISIONS ADOPTED PURSUANT TO THIS ARTICLE MAY REQUIRE
18 THAT A TRADITIONAL NEIGHBORHOOD DEVELOPMENT CONTAIN A MINIMUM
19 NUMBER OF DWELLING UNITS AND A MINIMUM NUMBER OF NONRESIDENTIAL
20 UNITS.
21 (G) (1) THE AUTHORITY GRANTED A MUNICIPALITY BY ARTICLE V
22 TO ESTABLISH STANDARDS FOR THE LOCATION, WIDTH, COURSE AND
23 SURFACING OF STREETS, WALKWAYS, CURBS, GUTTERS, STREET
24 LIGHTS, SHADE TREES, WATER, SEWAGE AND DRAINAGE FACILITIES,
25 EASEMENTS OR RIGHTS-OF-WAY FOR DRAINAGE AND UTILITIES,
26 RESERVATIONS OF PUBLIC GROUNDS, OTHER IMPROVEMENTS,
27 REGULATIONS FOR THE HEIGHT AND SETBACK AS THEY RELATE TO
28 RENEWABLE ENERGY SYSTEMS AND ENERGY-CONSERVING BUILDING
29 DESIGN, REGULATIONS FOR THE HEIGHT AND LOCATION OF VEGETATION
30 WITH RESPECT TO BOUNDARY LINES, AS THEY RELATE TO RENEWABLE
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1 ENERGY SYSTEMS AND ENERGY-CONSERVING BUILDING DESIGN,
2 REGULATIONS FOR THE TYPE AND LOCATION OF RENEWABLE ENERGY
3 SYSTEMS OR THEIR COMPONENTS AND REGULATIONS FOR THE DESIGN
4 AND CONSTRUCTION OF STRUCTURES TO ENCOURAGE THE USE OF
5 RENEWABLE ENERGY SYSTEMS, SHALL BE VESTED IN THE GOVERNING
6 BODY OR THE PLANNING AGENCY FOR THE PURPOSES OF THIS ARTICLE.
7 (2) THE STANDARDS APPLICABLE TO A PARTICULAR TRADITIONAL
8 NEIGHBORHOOD DEVELOPMENT MAY BE DIFFERENT THAN OR
9 MODIFICATIONS OF THE STANDARDS AND REQUIREMENTS OTHERWISE
10 REQUIRED OF SUBDIVISIONS AUTHORIZED UNDER AN ORDINANCE
11 ADOPTED PURSUANT TO ARTICLE V, PROVIDED, HOWEVER, THAT
12 PROVISIONS ADOPTED PURSUANT TO THIS ARTICLE SHALL SET FORTH
13 THE LIMITS AND EXTENT OF ANY MODIFICATIONS OR CHANGES IN SUCH
14 STANDARDS AND REQUIREMENTS IN ORDER THAT A LANDOWNER SHALL
15 KNOW THE LIMITS AND EXTENT OF PERMISSIBLE MODIFICATIONS FROM
16 THE STANDARDS OTHERWISE APPLICABLE TO SUBDIVISIONS.
17 SECTION 707-A. SKETCH PLAN PRESENTATION.--THE MUNICIPALITY
18 MAY INFORMALLY MEET WITH A LANDOWNER TO INFORMALLY DISCUSS THE
19 CONCEPTUAL ASPECTS OF THE LANDOWNER'S DEVELOPMENT PLAN PRIOR TO
20 THE FILING OF THE APPLICATION FOR TENTATIVE APPROVAL FOR THE
21 DEVELOPMENT PLAN. THE LANDOWNER MAY PRESENT A SKETCH PLAN TO THE
22 MUNICIPALITY FOR DISCUSSION PURPOSES ONLY, AND DURING THE
23 DISCUSSION THE MUNICIPALITY MAY MAKE SUGGESTIONS AND
24 RECOMMENDATIONS ON THE DESIGN OF THE DEVELOPMENTAL PLAN WHICH
25 SHALL NOT BE BINDING ON THE MUNICIPALITY.
26 SECTION 708-A. MANUAL OF WRITTEN AND GRAPHIC DESIGN
27 GUIDELINES.--WHERE IT HAS ADOPTED PROVISIONS FOR A TRADITIONAL
28 NEIGHBORHOOD DEVELOPMENT, THE GOVERNING BODY OF A MUNICIPALITY
29 MAY ALSO ADOPT BY ORDINANCE, UPON REVIEW AND RECOMMENDATION OF
30 THE PLANNING COMMISSION, WHERE ONE EXISTS, A MANUAL OF WRITTEN
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1 AND GRAPHIC DESIGN GUIDELINES TO ASSIST APPLICANTS IN THE
2 PREPARATION OF PROPOSALS FOR A TRADITIONAL NEIGHBORHOOD
3 DEVELOPMENT.
4 SECTION 3. SECTION 1202 OF THE ACT IS AMENDED TO READ:
5 SECTION 1202. GENERAL REPEAL.--ALL OTHER ACTS AND PARTS OF
6 ACTS ARE REPEALED IN SO FAR AS THEY ARE INCONSISTENT HEREWITH,
7 BUT THIS ACT SHALL NOT REPEAL OR MODIFY ANY OF THE PROVISIONS OF
8 66 PA.C.S. PT. I (RELATING TO PUBLIC UTILITY CODE), 68 PA.C.S.
9 PT. II SUBPT. B (RELATING TO CONDOMINIUMS)[, THE "PUBLIC UTILITY
10 LAW,"] OR ANY LAWS ADMINISTERED BY THE DEPARTMENT OF [HIGHWAYS]
11 TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA.
12 Section 2 4. This act shall take effect in 60 days. <--
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