PRINTER'S NO. 1541
No. 1280 Session of 2007
INTRODUCED BY FREEMAN, STEIL, TANGRETTI, ROSS, ARGALL, LEACH, GRUCELA, BOYD, BRENNAN, CALTAGIRONE, CARROLL, COHEN, DALLY, GEIST, GINGRICH, HARPER, HENNESSEY, JOSEPHS, KOTIK, LENTZ, LEVDANSKY, MILNE, MUNDY, NICKOL, O'NEILL, PASHINSKI, PETRONE, READSHAW, REICHLEY, RUBLEY, SCAVELLO, SCHRODER, SIPTROTH, SOLOBAY, STURLA, VITALI, WAGNER, YOUNGBLOOD AND YUDICHAK, MAY 8, 2007
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 8, 2007
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 defining "traditional neighborhood 21 development"; further providing for grants of power to 22 municipalities, for standards and conditions for traditional 23 neighborhood development designations and for manuals of 24 written and graphic design guidelines; and providing for 25 subdivision and land development ordinance provisions 26 applicable to traditional neighborhood development. 27 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows: 2 Section 1. The definition of "traditional neighborhood 3 development" in section 107(a) of the act of July 31, 1968 4 (P.L.805, No.247), known as the Pennsylvania Municipalities 5 Planning Code, reenacted and amended December 21, 1988 6 (P.L.1329, No.170) and added June 22, 2000 (P.L.495, No.68), is 7 amended to read: 8 Section 107. Definitions.--(a) The following words and 9 phrases when used in this act shall have the meanings given to 10 them in this subsection unless the context clearly indicates 11 otherwise: 12 * * * 13 "Traditional neighborhood development," an area of land 14 typically developed for a compatible mixture of residential 15 units for various income levels and nonresidential commercial 16 and workplace uses, including some structures that provide for a 17 mix of uses within the same building. Residences, shops, 18 offices, workplaces, public buildings and parks are interwoven 19 within the neighborhood so that all are within relatively close 20 proximity to each other. Traditional neighborhood development is 21 relatively compact[, limited in size] and oriented toward 22 pedestrian activity. It has an identifiable center and a 23 discernible edge. The center of the neighborhood is in the form 24 of a public park, commons, plaza, square or prominent 25 intersection of two or more major streets. Generally, there is a 26 hierarchy of streets laid out [in a rectilinear or grid pattern 27 of interconnecting] with an interconnected network of streets 28 and blocks that provides multiple routes from origins to 29 destinations and are appropriately designed to serve the needs 30 of pedestrians and vehicles equally. 20070H1280B1541 - 2 -
1 * * * 2 Section 2. Sections 702-A, 706-A(d) and 708-A of the act, 3 added June 22, 2000 (P.L.495, No.68), are amended to read: 4 Section 702-A. Grant of Power.--The governing body of each 5 municipality may enact, amend and repeal provisions of a zoning 6 ordinance in order to fix standards and conditions for 7 traditional neighborhood development. The provisions for 8 standards and conditions for traditional neighborhood 9 development shall be included within the zoning ordinance, and 10 the enactment of the traditional neighborhood development 11 provisions shall be in accordance with the procedures required 12 for the enactment of an amendment of a zoning ordinance as 13 provided in Article VI. The provisions shall: 14 (1) Set forth the standards, conditions and regulations 15 for a traditional neighborhood development consistent with 16 this article. 17 (i) [In the case of new development, a traditional 18 neighborhood development designation shall be in the form 19 of an overlay zone. Such an overlay zone does not need to 20 be considered a conditional use by the municipality if it 21 chooses not to.] 22 (ii) [In the case of either an outgrowth or 23 extension of existing development or urban infill, a] A 24 traditional neighborhood development designation may be 25 either in the form of an overlay zone or as an outright 26 designation, whichever the municipality decides. 27 [Outgrowths or extensions of existing development may 28 include development of a contiguous municipality.] 29 (iii) Whenever a traditional neighborhood 30 development designation is an outright designation, it 20070H1280B1541 - 3 -
1 may be a permitted use in an existing district or in a 2 proposed new district. 3 (2) Set forth the procedures pertaining to the 4 application for, hearing on and preliminary and final 5 approval of a traditional neighborhood development which 6 shall be consistent with this article for those applications 7 and hearings. 8 Section 706-A. Standards and Conditions for Traditional 9 Neighborhood Development.--* * * 10 (d) The provisions adopted pursuant to this article shall 11 establish standards governing the density or intensity of land 12 use in a traditional neighborhood development. The standards may 13 vary the density or intensity of land use otherwise applicable 14 to the land under the provisions of a zoning ordinance of the 15 municipality within the traditional neighborhood development. It 16 is recommended that the provisions adopted by the municipality 17 pursuant to this article include, but not be limited to, all of 18 the following: 19 (1) The amount, location and proposed use of common open 20 space, providing for parks to be distributed throughout the 21 neighborhood as well as the establishment of a centrally 22 located public commons, square, park, plaza or prominent 23 intersection of two or more major streets. 24 (2) The location and physical characteristics of the 25 site of the proposed traditional neighborhood development, 26 providing for the retaining and enhancing, where practicable, 27 of natural features such as wetlands, ponds, lakes, 28 waterways, trees of high quality, significant tree stands and 29 other significant natural features. These significant natural 30 features should be at least partially fronted by public 20070H1280B1541 - 4 -
1 tracts whenever possible.
2 (3) The location and physical characteristics of the
3 site of the proposed traditional neighborhood development so
4 that it will develop out of the location of squares, parks
5 and other neighborhood centers and subcenters. Zoning changes
6 in building type should generally occur at mid-block rather
7 than mid-street, and buildings should tend to be zoned by
8 compatibility of building type rather than building use. The
9 proposed traditional neighborhood development should be
10 designed to work with the topography of the site to minimize
11 the amount of grading necessary to achieve a street network,
12 and some significant high points of the site should be set
13 aside for public tracts for the location of public buildings
14 or other public facilities.
15 (4) The location, design, type and use of structures
16 proposed, with most structures being placed close to the
17 street at generally the equivalent of one-quarter the width
18 of the lot or less. The distance between the sidewalk and
19 residential dwellings should, as a general rule, be occupied
20 by a semipublic attachment such as a porch or, at a minimum,
21 a covered entryway.
22 (5) The location, design, type and use of streets,
23 alleys, sidewalks and other public rights-of-way with a
24 hierarchy of streets laid out [in a rectilinear or grid
25 pattern of interconnecting] with an interconnected network of
26 streets and blocks that provide multiple routes from origins
27 to destinations and are appropriately designed to serve the
28 needs of pedestrians and vehicles equally. As such, most
29 streets, except alleys, should have sidewalks.
30 (6) The location for vehicular parking with the street
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1 plan providing for on-street parking for most streets, with 2 the exception of alleys. All parking lots, except where there 3 is a compelling reason to the contrary, should be located 4 either behind or to the side of buildings and in most cases 5 should be located toward the center of blocks such that only 6 their access is visible from adjacent streets. In most cases, 7 structures located on lots smaller than 50 feet in width 8 should be served by a rear alley with all garages fronting on 9 alleys. Garages not served by an alley should be set back [a 10 minimum of 20 feet] from the front of the house or rotated so 11 that the garage doors do not face any adjacent streets. 12 (7) The minimum and maximum areas and dimensions of the 13 properties and common open space within the proposed 14 traditional neighborhood development and the approximate 15 distance from the center to the edge of the traditional 16 neighborhood development. It is recommended that the distance 17 from the center to the edge of the traditional neighborhood 18 development be approximately one-quarter mile or less and not 19 more than one-half mile. Traditional neighborhood 20 developments in excess of one-half mile distance from center 21 to edge should be divided into two or more developments. 22 (8) The site plan to provide for either a natural or 23 man-made corridor to serve as the edge of the neighborhood. 24 When standing alone, the traditional neighborhood development 25 should front on open space to serve as its edge. Such open 26 space may include, but is not limited to, parks, a golf 27 course, cemetery, farmland or natural settings such as 28 woodlands or waterways. When adjacent to existing 29 development, the traditional neighborhood development should 30 either front on open space, a street or roadway or any 20070H1280B1541 - 6 -
1 combination hereof. 2 (9) The greatest density of housing and the 3 preponderance of office and commercial uses should be located 4 [in the center of] to anchor the traditional neighborhood 5 development. [However, if] If the neighborhood is adjacent to 6 existing development or a major roadway then office, 7 commercial and denser residential uses may be located at 8 either the edge or the center, or both. Commercial uses 9 located at the edge of the traditional neighborhood 10 development may be located adjacent to similar commercial 11 uses in order to form a greater commercial corridor. 12 * * * 13 Section 708-A. Manual of Written and Graphic Design 14 Guidelines.--Where it has adopted provisions for a traditional 15 neighborhood development, the governing body of a municipality 16 may also adopt [by ordinance], upon review and recommendation of 17 the planning commission where one exists, a manual of written 18 and graphic design guidelines [to assist applicants in the 19 preparation of proposals for a traditional neighborhood 20 development]. The manual may be included in the zoning ordinance 21 or the subdivision and land development ordinance or in both. 22 Section 3. The act is amended by adding a section to read: 23 Section 708.1-A. Subdivision and Land Development Ordinance 24 Provisions Applicable to Traditional Neighborhood Development.-- 25 The municipality may enact subdivision and land development 26 ordinance provisions applicable to a traditional neighborhood 27 development to address the design standards that are appropriate 28 to a traditional neighborhood development, including, but not 29 limited to, compactness, pedestrian orientation, street geometry 30 or other small scale design features. The provisions may be 20070H1280B1541 - 7 -
1 included as part of any ordinance pertaining to traditional 2 neighborhood development and may be subject to modification 3 similar to section 512.1. 4 Section 4. This act shall take effect in 60 days. D25L53AJM/20070H1280B1541 - 8 -