PRIOR PRINTER'S NO. 1755 PRINTER'S NO. 2158
No. 1512 Session of 1981
INTRODUCED BY J. L. WRIGHT, SWEET, STAIRS AND ITKIN, JUNE 3,
1981
AS REPORTED FROM COMMITTEE ON MINES AND ENERGY MANAGEMENT, HOUSE
OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 16, 1981
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 class A
6 through eighth classes, individually or jointly, to plan
7 their development and to govern the same by zoning,
8 subdivision and land development ordinances, planned
9 residential development and other ordinances, by official
10 maps, by the reservation of certain land for future public
11 purpose and by the acquisition of such land; providing for
12 the establishment of planning commissions, planning
13 departments, planning committees and zoning hearing boards,
14 authorizing them to charge fees, make inspections and hold
15 public hearings; providing for appropriations, appeals to
16 courts and penalties for violations; and repealing acts and
17 parts of acts," providing for the promotion of energy
18 conservation through planning practices. AND THE MAXIMUM <--
19 FEASIBLE UTILIZATION OF RENEWABLE ENERGY SOURCES.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The title, act of July 31, 1968 (P.L.805,
23 No.247), known as the "Pennsylvania Municipalities Planning
24 Code," amended June 1, 1972 (P.L.333, No.93), is amended to
25 read:
1 AN ACT
2 To empower cities of the second class A, and third class,
3 boroughs, incorporated towns, townships of the first and
4 second classes including those within a county of the second
5 class and counties of the second class A 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 designed to reduce energy <--
13 consumption and to provide for maximum FEASIBLE utilization <--
14 of renewable energy sources; providing for the establishment
15 of planning commissions, planning departments, planning
16 committees and zoning hearing boards, authorizing them to
17 charge fees, make inspections and hold public hearings;
18 providing for appropriations, appeals to courts and penalties
19 for violations; and repealing acts and parts of acts.
20 Section 2. Section 105 of the act, amended June 1, 1972
21 (P.L.333, No.93), is amended to read:
22 Section 105. Purpose of Act.--It is the intent, purpose and
23 scope of this act to protect and promote safety, health and
24 morals; to accomplish a coordinated development of
25 municipalities, other than cities of the first and second class;
26 to provide for the general welfare by guiding and protecting
27 amenity, convenience, future governmental, economic, practical,
28 and social and cultural facilities, development and growth, as
29 well as the improvement of governmental processes and functions;
30 to guide uses of land and structures, type and location of
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1 streets, public grounds and other facilities; to promote the
2 conservation of energy through the use of planning practices
3 designed to reduce energy consumption and to provide for maximum <--
4 FEASIBLE utilization of renewable energy sources; and to permit <--
5 municipalities, other than cities of the first and second class,
6 to minimize such problems as may presently exist or which may be
7 foreseen. It is the further intent of this act that any
8 recommendations made by any planning agency to any governing
9 body shall be advisory only.
10 Section 3. Section 107 of the act is amended by adding a
11 clause to read:
12 Section 107. Definitions.--As used in this act, except where
13 the context clearly indicates otherwise, the following words or
14 phrases have the meaning MEANINGS indicated below: <--
15 * * *
16 (18.1) "Renewable energy sources," any method, process or <--
17 substance whose use does not diminish its availability or
18 abundance, including, but not limited to, biomass conversion,
19 geothermal energy, solar energy, wind energy, and hydroelectric
20 power.
21 (3.1) CLIMATIC," MEANS PERTAINING TO THE COMPOSITE OR <--
22 GENERALLY PREVAILING WEATHER CONDITIONS OF A REGION, SUCH AS
23 TEMPERATURE, AIR PRESSURE, HUMIDITY, PRECIPITATION, SUNSHINE,
24 CLOUDINESS AND WINDS THROUGHOUT THE YEAR, AVERAGED OVER A SERIES
25 OF YEARS.
26 * * *
27 (12.05) "MICROCLIMATIC," MEANS PERTAINING TO THE VARIATION
28 IN REGIONAL CLIMATE AT A SPECIFIC SITE, CAUSED BY TOPOGRAPHY,
29 VEGETATION, SOIL, WATER CONDITIONS AND CONSTRUCTION.
30 * * *
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1 (18.1) "RENEWABLE ENERGY SOURCE," MEANS ANY METHOD, PROCESS
2 OR SUBSTANCE WHOSE SUPPLY FOR ENERGY PLANNING PURPOSES IS
3 REJUVENATED THROUGH NATURAL PROCESSES AND, SUBJECT TO THOSE
4 NATURAL PROCESSES, REMAINS RELATIVELY CONSTANT, INCLUDING, BUT
5 NOT LIMITED TO, BIOMASS CONVERSION, GEOTHERMAL ENERGY, SOLAR AND
6 WIND ENERGY AND HYDROELECTRIC ENERGY AND EXCLUDING THOSE SOURCES
7 OF ENERGY USED IN THE FISSION AND FUSION PROCESSES.
8 * * *
9 Section 4. Clause (6) of subsection SUBSECTION (b) of <--
10 section 209.1 of the act added June 1, 1972 (P.L.333, No.93), is <--
11 amended BY ADDING A CLAUSE to read: <--
12 Section 209.1. Powers and Duties of Planning Agency.--* * *
13 (b) The planning agency at the request of the governing body
14 may:
15 * * *
16 (6) Prepare and present to the governing body of the <--
17 municipality an environmental study; such study to include a
18 statement regarding the feasibility and practicality of using
19 renewable energy sources, in certain places;
20 * * *
21 (13) PREPARE AND PRESENT TO THE GOVERNING BODY OF THE <--
22 MUNICIPALITY A STUDY REGARDING THE FEASIBILITY AND
23 PRACTICABILITY OF USING RENEWABLE ENERGY SOURCES IN SPECIFIC
24 AREAS WITHIN THE MUNICIPALITY.
25 Section 5. Section 301 of the act, amended June 1, 1972
26 (P.L.333, No.93), is amended to read:
27 Section 301. Preparation of Comprehensive Plan.--The
28 comprehensive plan, consisting of maps, charts and textual
29 matter, shall indicate the recommendations of the planning
30 agency for the continuing development of the municipality. The
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1 comprehensive plan shall include, but need not be limited to,
2 the following related basic elements:
3 (1) A statement of objectives of the municipality concerning
4 its future development;
5 (2) A plan for land use, which may include the amount,
6 intensity, and character of land use proposed for residence,
7 industry, business, agriculture, major traffic and transit
8 facilities, public grounds, flood plans and other areas of
9 special hazards and other similar uses;
10 (3) A plan for movement of people and goods, which may
11 include expressways, highways, local street systems, parking
12 facilities, mass transit routes, terminals, airfields, port
13 facilities, railroad facilities and other similar facilities or
14 uses;
15 (4) A plan for community facilities and utilities, which may
16 include public and private education, recreation, municipal
17 buildings, libraries, water supply, sewage disposal, refuse
18 disposal, storm drainage, hospitals, and other similar uses;
19 [and]
20 (5) A map or statement indicating the relationship of the
21 municipality and its proposed development to adjacent
22 municipalities and areas; and
23 (6) An energy conservation plan element which systematically
24 analyzes the impact of each other component and element of the
25 comprehensive plan on the present and future use of energy in
26 the municipality, details specific measures contained in the
27 other plan elements designed to reduce energy consumption, and
28 proposes other measures that the municipality may take to reduce
29 energy consumption and to provide for the maximum FEASIBLE <--
30 utilization of renewable energy sources.
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1 In preparing the comprehensive plan the planning agency shall
2 make careful surveys and studies of existing conditions and
3 prospects for future growth in the municipality.
4 Section 6. Section 503 of the act is amended by adding a <--
5 clause to read:
6 Section 503. Contents of Subdivision and Land Development
7 Ordinance.--The subdivision and land development ordinance may
8 include, but need not be limited to:
9 * * *
10 (6) Provisions, within the limits of practicality and
11 feasibility, regulating: (i) the height, location, setback,
12 orientation, and use of structures; (ii) the height and location
13 of vegetation with respect to boundary lines; (iii) the type and
14 location of energy systems or their components; (iv) the design
15 and construction of structures to encourage or require the use
16 of renewable energy systems; and (v) easements to ensure access
17 to sunlight and climatic and microclimatic consideration.
18 Section 7. Sections 603 and 6. SECTION 604 of the act are <--
19 IS amended by adding clauses A CLAUSE to read: <--
20 Section 603. Ordinance Provisions.--Zoning ordinances may <--
21 permit, prohibit, regulate, restrict and determine:
22 * * *
23 In addition, zoning ordinances may contain:
24 * * *
25 (6) Provisions for the reduction in energy consumption and
26 the maximum utilization of renewable energy sources.
27 Section 604. Zoning Purposes.--The provisions of zoning
28 ordinances shall be designed:
29 * * *
30 (4) To encourage or require the use of renewable energy <--
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1 systems through site orientation, building siting, landscaping,
2 easements to ensure access to sunlight and climatic and
3 microclimatic consideration.
4 Section 8. Sections 617, 701, subsection (f) of section 705,
5 clause (1) of section 706, clause (4) of section 707 and clause
6 (2) of subsection (b) of section 709 of the act are amended to
7 read:
8 Section 617. Enforcement Remedies.--In case any building,
9 structure, landscaping, or land is, or is proposed to be,
10 erected, constructed, reconstructed, altered, converted,
11 maintained or used in violation of any ordinance enacted under
12 this act or prior enabling laws, the governing body or, with the
13 approval of the governing body, an officer of the municipality,
14 in addition to other remedies, may institute in the name of the
15 municipality any appropriate action or proceeding to prevent,
16 restrain, correct or abate such building, structure,
17 landscaping, or land, or to prevent, in or about such premises,
18 any act, conduct, business or use constituting a violation.
19 Section 701. Purposes.--In order that the purposes of this
20 act be furthered in an era of increasing urbanization and of
21 growing demand for housing of all types and design; to insure
22 that the provisions of Article VI which are concerned in part
23 with the uniform treatment of dwelling type, bulk, density, site
24 orientation, building siting, landscaping, easements to ensure
25 access to sunlight and climatic and microclimatic consideration,
26 and open space within each zoning district, shall not be applied
27 to the improvement of land by other than lot by lot development
28 in a manner that would distort the objectives of that Article
29 VI; to encourage innovations in residential development and
30 renewal so that the growing demand for housing may be met by
19810H1512B2158 - 7 -
1 greater variety in type, design and layout of dwellings and by
2 the conservation and more efficient use of open space ancillary
3 to said dwellings; so that greater opportunities for better
4 housing and recreation may extend to all citizens and residents
5 of this State; and in order to encourage a more efficient use of
6 land and of public services and to reflect changes in the
7 technology of land development so that economies secured may
8 enure to the benefit of those who need homes; and, in aid of
9 these purposes, to provide a procedure which can relate the
10 type, design and layout of residential development to the
11 particular site and the particular demand for housing existing
12 at the time of development in a manner consistent with the
13 preservation of the property values within existing residential
14 areas, and to insure that the increased flexibility of
15 regulations over land development authorized herein is carried
16 out under such administrative standards and procedures as shall
17 encourage the disposition of proposals for land development
18 without undue delay, the following powers are granted to all
19 municipalities.
20 (4) TO PROMOTE ENERGY CONSERVATION AND THE MAXIMUM FEASIBLE <--
21 UTILIZATION OF RENEWABLE ENERGY SOURCES.
22 SECTION 7. SUBSECTION (F) OF SECTION 705 AND CLAUSE (4) OF
23 SECTION 707 OF THE ACT, ARE AMENDED TO READ:
24 Section 705. Standards and Conditions for Planned
25 Residential Development.--Every ordinance adopted pursuant to
26 the provisions of this article shall set forth all the
27 standards, conditions and regulations by which a proposed
28 planned residential development shall be evaluated, and said
29 standards, conditions and regulations shall be consistent with
30 the following provisions:
19810H1512B2158 - 8 -
1 * * *
2 (f) The authority granted a municipality by Article V to
3 establish standards for the location, width, course and
4 surfacing of streets, walkways, curbs, gutters, street lights,
5 shade trees, water, sewage and drainage facilities, easements or
6 rights-of-way for drainage and utilities, reservations of public
7 grounds, regulations for the height, location, setback,
8 orientation and use of structures, regulations for the height
9 and location of vegetation with respect to boundary lines,
10 regulations for the type and location of RENEWABLE energy <--
11 systems or their components, regulations for the design and
12 construction of structures to encourage or require the use of <--
13 renewable energy systems, easements to ensure access to sunlight
14 and climatic and microclimatic consideration, and other
15 improvements, shall be vested in the governing body or its
16 designated agency for the purposes of this article. The
17 standards applicable to a particular planned residential
18 development may be different than or modifications of the
19 standards and requirements otherwise required of subdivisions
20 authorized under an ordinance adopted pursuant to Article V,
21 provided, however, that an ordinance adopted pursuant to this
22 article shall set forth the limits and extent of any
23 modifications or changes in such standards and requirements in
24 order that a landowner shall know the limits and extent of
25 permissible modifications from the standards otherwise
26 applicable to subdivisions.
27 * * *
28 Section 706. Enforcement and Modification of Provisions of <--
29 the Plan.--To further the mutual interest of the residents of
30 the planned residential development and of the public in the
19810H1512B2158 - 9 -
1 preservation of the integrity of the development plan, as
2 finally approved, and to insure that modifications, if any, in
3 the development plan shall not impair the reasonable reliance of
4 the said residents upon the provisions of the development plan,
5 nor result in changes that would adversely affect the public
6 interest, the enforcement and modification of the provisions of
7 the development plan as finally improved, whether those are
8 recorded by plat, covenant, easement or otherwise shall be
9 subject to the following provisions:
10 (1) The provisions of the development plan relating to (i)
11 the use, bulk and location of buildings and structures, (ii) the
12 quantity and location of common open space, except as otherwise
13 provided in this article, and (iii) the intensity of use or the
14 density of residential units, and (iv) site orientation,
15 building siting, landscaping, and easements to ensure access to
16 sunlight and climatic and microclimatic consideration, shall run
17 in favor of the municipality and shall be enforceable in law or
18 in equity by the municipality, without limitation on any powers
19 of regulation otherwise granted the municipality by law.
20 * * *
21 Section 707. Application for Tentative Approval of Planned
22 Residential Development.--In order to provide an expeditious
23 method for processing a development plan for a planned
24 residential development under the terms of an ordinance adopted
25 pursuant to the powers granted herein, and to avoid the delay
26 and uncertainty which would arise if it were necessary to secure
27 approval, by a multiplicity of local procedures, of a plat of
28 subdivision as well as approval of a change in the zoning
29 regulations otherwise applicable to the property, it is hereby
30 declared to be in the public interest that all procedures with
19810H1512B2158 - 10 -
1 respect to the approval or disapproval of a development plan for
2 a planned residential development and the continuing
3 administration thereof shall be consistent with the following
4 provisions:
5 * * *
6 (4) The ordinance shall require only such information in the
7 application as is reasonably necessary to disclose to the
8 governing body or its designated agency: (i) the location, size
9 and topography of the site and the nature of the landowner's
10 interest in the land proposed to be developed; (ii) the density
11 of land use to be allocated to parts of the site to be
12 developed; (iii) the location and size of the common open space
13 and the form of organization proposed to own and maintain the
14 common open space; (iv) the use and the approximate height, bulk
15 and location of buildings and other structures; (v) the
16 feasibility of proposals for the disposition of sanitary waste
17 and storm water; (vi) the substance of covenants, grants of
18 easements or other restrictions proposed to be imposed upon the
19 use of the land, buildings and structures including proposed
20 easements or grants for public utilities; (vii) the provisions
21 for parking of vehicles and the location and width of proposed
22 streets and public ways; (viii) the required modifications in
23 the municipal land use regulations otherwise applicable to the
24 subject property; (viii.1) the feasibility of proposals for the <--
25 requirement of the use of renewable energy systems through site
26 orientation, building siting, landscaping, easements to ensure
27 access to sunlight and climatic and microclimatic consideration;
28 (VIII.1) THE FEASIBILITY OF PROPOSALS FOR ENERGY CONSERVATION <--
29 AND THE MAXIMUM FEASIBLE UTILIZATION OF RENEWABLE ENERGY
30 SOURCES; and (ix) in the case of development plans which call
19810H1512B2158 - 11 -
1 for development over a period of years, a schedule showing the
2 proposed times within which applications for final approval of
3 all sections of the planned residential development are intended
4 to be filed and this schedule must be updated annually, on the
5 anniversary of its approval, until the development is completed
6 and accepted;
7 * * *
8 Section 709. The Findings.--* * * <--
9 (b) The grant or denial of tentative approval by official
10 written communication shall include not only conclusions but
11 also findings of fact related to the specific proposal and shall
12 set forth the reasons for the grant, with or without conditions,
13 or for the denial, and said communication shall set forth with
14 particularity in what respects the development plan would or
15 would not be in the public interest including but not limited to
16 findings of fact and conclusions on the following:
17 * * *
18 (2) The extent to which the development plan departs from
19 zoning and subdivision regulations otherwise applicable to the
20 subject property, including but not limited to density, bulk and
21 use, site orientation, building siting, landscaping, easements
22 to ensure access to sunlight and climatic and microclimatic
23 consideration, and the reasons why such departures are or are
24 not deemed to be in the public interest;
25 * * *
26 Section 9. Except for the provisions of section 301 which
27 shall take effect in six months, this act shall take effect in
28 60 days.
29 SECTION 8. THE DEPARTMENT OF COMMUNITY AFFAIRS, IN <--
30 COOPERATION WITH ANY APPROPRIATE AGENCY OR INSTRUMENTALITY OF
19810H1512B2158 - 12 -
1 THE COMMONWEALTH, SHALL COOPERATE FULLY WITH POLITICAL
2 SUBDIVISIONS IN IMPLEMENTING THE PROVISIONS OF THIS ACT. IN
3 ADDITION, THE DEPARTMENT OF COMMUNITY AFFAIRS SHALL PUBLISH
4 GUIDELINES WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ACT
5 TO ASSIST POLITICAL SUBDIVISIONS RESPONDING TO ITS PROVISIONS.
6 SECTION 9. EXCEPT FOR THE PROVISIONS OF SECTION 301 WHICH
7 SHALL TAKE EFFECT ONE YEAR FROM THE EFFECTIVE DATE OF THIS ACT,
8 AND WHICH SHALL BE APPLICABLE TO ALL NEW AND EXISTING
9 COMPREHENSIVE PLANS, THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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