THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WAUGH, RAFFERTY, ALLOWAY, SCHWANK, SOLOBAY, D. WHITE, MENSCH AND ERICKSON, FEBRUARY 14, 2012

REFERRED TO LOCAL GOVERNMENT, FEBRUARY 14, 2012  

AN ACT

Amending the act of July 31, 1968 (P.L.805, No.247), entitled,

as amended, "An act to empower cities of the second class A,

and third class, boroughs, incorporated towns, townships of

the first and second classes including those within a county

of the second class and counties of the second through eighth

classes, individually or jointly, to plan their development

and to govern the same by zoning, subdivision and land

development ordinances, planned residential development and

other ordinances, by official maps, by the reservation of

certain land for future public purpose and by the acquisition

of such land; to promote the conservation of energy through

the use of planning practices and to promote the effective

utilization of renewable energy sources; providing for the

establishment of planning commissions, planning departments,

planning committees and zoning hearing boards, authorizing

them to charge fees, make inspections and hold public

hearings; providing for mediation; providing for transferable

development rights; providing for appropriations, appeals to

courts and penalties for violations; and repealing acts and

parts of acts," further providing for the retention of

certain recreation fees.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 503(11)(vii) of the act of July 31, 1968

(P.L.805, No.247), known as the Pennsylvania Municipalities

Planning Code, reenacted and amended December 21, 1988

(P.L.1329, No.170), is amended to read:

Section 503.  Contents of Subdivision and Land Development

Ordinance.--The subdivision and land development ordinance may

include, but need not be limited to:

* * *

(11)  Provisions requiring the public dedication of land

suitable for the use intended; and, upon agreement with the

applicant or developer, the construction of recreational

facilities, the payment of fees in lieu thereof, the private

reservation of the land, or a combination, for park or

recreation purposes as a condition precedent to final plan

approval, provided that:

* * *

(vii)  Upon request of any person who paid any fee under

this subsection, the municipality shall refund such fee, plus

interest accumulated thereon from the date of payment, if the

municipality had failed to utilize the fee paid for the

purposes set forth in this section within three years from

the date such fee was paid except the municipality may retain

a recreation fee collected from a developer for ten years if

the retention is necessary for the construction of local

recreation facilities and savings for the project must extend

beyond the three-year time limit.

* * *

Section 2.  This act shall take effect in 60 days.