AN ACT

 

1Amending the act of July 31, 1968 (P.L.805, No.247), entitled, 
2as amended, "An act to empower cities of the second class A, 
3and third class, boroughs, incorporated towns, townships of 
4the first and second classes including those within a county 
5of the second class and counties of the second through eighth 
6classes, individually or jointly, to plan their development 
7and to govern the same by zoning, subdivision and land 
8development ordinances, planned residential development and 
9other ordinances, by official maps, by the reservation of 
10certain land for future public purpose and by the acquisition 
11of such land; to promote the conservation of energy through 
12the use of planning practices and to promote the effective 
13utilization of renewable energy sources; providing for the 
14establishment of planning commissions, planning departments, 
15planning committees and zoning hearing boards, authorizing 
16them to charge fees, make inspections and hold public 
17hearings; providing for mediation; providing for transferable 
18development rights; providing for appropriations, appeals to 
19courts and penalties for violations; and repealing acts and 
20parts of acts," further providing for contents of subdivision 
21and land development ordinance.

22The General Assembly of the Commonwealth of Pennsylvania
23hereby enacts as follows:

24Section 1. Section 503(11) of the act of July 31, 1968
25(P.L.805, No.247), known as the Pennsylvania Municipalities
26Planning Code, reenacted and amended December 21, 1988
27(P.L.1329, No.170), is amended to read:

1Section 503. Contents of Subdivision and Land Development
2Ordinance.--The subdivision and land development ordinance may
3include, but need not be limited to:

4* * *

5(11) Provisions requiring the public dedication of land
6suitable for the use intended; and, upon agreement with the
7applicant or developer, the construction of recreational
8facilities, the payment of fees in lieu thereof, the private
9reservation of the land, or a combination, for park or
10recreation purposes as a condition precedent to final plan
11approval, provided that:

12(i) The provisions of this paragraph shall not apply to
13any plan application, whether preliminary or final, pending
14at the time of enactment of such provisions.

15(ii) The ordinance includes definite standards for
16determining the proportion of a development to be dedicated
17and the amount of any fee to be paid in lieu thereof.

18(iii) The land or fees, or combination thereof, are to
19be used only for the purpose of providing, <-acquiring, 
20operating or maintaining park or recreational facilities
21reasonably accessible to the development.

22(iv) The governing body has a formally adopted
23recreation plan, and the park and recreational facilities are
24in accordance with definite principles and standards
25contained in the subdivision and land development ordinance.

26(v) The amount and location of land to be dedicated or
27the fees to be paid shall bear a reasonable relationship to
28the use of the park and recreational facilities by future
29inhabitants of the development or subdivision.

30(vi) A fee authorized under this subsection shall, upon

1its receipt by a municipality, be deposited in an interest-
2bearing account, clearly [identifying the specific recreation
3facilities for which the fee was received] identified as 
4reserved for providing, <-acquiring, operating or maintaining 
5park or recreational facilities. Interest earned on such
6accounts shall become funds of that account. [Funds from such
7accounts shall be expended only in properly allocable
8portions of the cost incurred to construct the specific
9recreation facilities for which the funds were collected.]

10(vii) Upon request of any person who paid any fee under
11this subsection, the municipality shall refund such fee, plus
12interest accumulated thereon from the date of payment, if the
13municipality had failed to utilize the fee paid for the
14purposes set forth in this section [within three years<-] from
15the date such fee was paid]<-.

16(viii) No municipality shall have the power to require
17the construction of recreational facilities or the dedication
18of land, or fees in lieu thereof, or private reservation
19except as may be provided by statute.

20Section 2. This act shall take effect in 60 days.