PRINTER'S NO. 214

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 200 Session of 1983


        INTRODUCED BY REIBMAN, LLOYD, SINGEL, O'PAKE, ANDREZESKI,
           LINCOLN, LEWIS, CORMAN AND FISHER, FEBRUARY 4, 1983

        REFERRED TO LOCAL GOVERNMENT, FEBRUARY 4, 1983

                                     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; to promote the
    12     conservation of energy through the use of planning practices
    13     and to promote the effective utilization of renewable energy
    14     sources; providing for the establishment of planning
    15     commissions, planning departments, planning committees and
    16     zoning hearing boards, authorizing them to charge fees, make
    17     inspections and hold public hearings; providing for
    18     appropriations, appeals to courts and penalties for
    19     violations; and repealing acts and parts of acts," further
    20     providing for the supply of water.

    21     The General Assembly of the Commonwealth of Pennsylvania
    22  hereby enacts as follows:
    23     Section 1.  Section 107 of the act of July 31, 1968 (P.L.805,
    24  No.247), known as the Pennsylvania Municipalities Planning Code,
    25  is amended by adding a clause to read:
    26     Section 107.  Definitions.--As used in this act, except where


     1  the context clearly indicates otherwise, the following words or
     2  phrases have the meanings indicated below:
     3     * * *
     4     (23)  "Water survey," a hydrologic survey of the source and
     5  use of water within a municipality, including ground,
     6  percolating and surface water consistent with the State water
     7  plan.
     8     Section 2.  Section 209.1(b)(6) of the act, added June 1,
     9  1972 (P.L.333, No.93), is amended to read:
    10     Section 209.1.  Powers and Duties of Planning Agency.--* * *
    11     (b)  The planning agency at the request of the governing body
    12  may:
    13     * * *
    14     (6)  Prepare and present to the governing body of the
    15  municipality an environmental study; prepare and present to the
    16  governing body of the municipality a water survey;
    17     * * *
    18     Section 3.  Section 301 of the act, amended June 1, 1972
    19  (P.L.333, No.93), is amended to read:
    20     Section 301.  Preparation of Comprehensive Plan.--The
    21  comprehensive plan, consisting of maps, charts and textual
    22  matter, shall indicate the recommendations of the planning
    23  agency for the continuing development of the municipality. The
    24  comprehensive plan shall include, but need not be limited to,
    25  the following related basic elements:
    26     (1)  A statement of objectives of the municipality concerning
    27  its future development;
    28     (2)  A plan for land use, which may include the amount,
    29  intensity, and character of land use proposed for residence,
    30  industry, business, agriculture, major traffic and transit
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     1  facilities, public grounds, flood plans and other areas of
     2  special hazards and other similar uses;
     3     (3)  A plan for movement of people and goods, which may
     4  include expressways, highways, local street systems, parking
     5  facilities, mass transit routes, terminals, airfields, port
     6  facilities, railroad facilities and other similar facilities or
     7  uses;
     8     (4)  A plan for community facilities and utilities, which may
     9  include public and private education, recreation, municipal
    10  buildings, libraries, water supply, sewage disposal, refuse
    11  disposal, storm drainage, hospitals, and other similar uses; and
    12     (5)  A map or statement indicating the relationship of the
    13  municipality and its proposed development to adjacent
    14  municipalities and areas.
    15     In preparing the comprehensive plan the planning agency shall
    16  make careful surveys and studies of existing conditions and
    17  prospects for future growth in the municipality.
    18     The comprehensive plan may include a plan for the use of
    19  water.
    20     Section 4.  Section 603(a)(1) of the act, amended June 9,
    21  1982 (P.L.441, No.130), is amended to read:
    22     Section 603.  Ordinance Provisions.--(a)  Zoning ordinances
    23  may permit, prohibit, regulate, restrict and determine:
    24     (1)  Uses of land, watercourses and other bodies of water,
    25  including surface, percolating and ground waters;
    26     * * *
    27     Section 5.  Section 604(1) of the act is amended to read:
    28     Section 604.  Zoning Purposes.--The provisions of zoning
    29  ordinances shall be designed:
    30     (1)  To promote, protect and facilitate one or more of the
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     1  following: the public health, safety, morals, general welfare,
     2  coordinated and practical community development, proper density
     3  of population, civil defense, disaster evacuation, airports, and
     4  national defense facilities, the [provisions] provision of
     5  adequate light and air, police protection, vehicle parking and
     6  loading space, transportation, [water,] sewerage, schools,
     7  public grounds, the provision of a safe water supply for
     8  domestic, commercial, agricultural or industrial use, and other
     9  public requirements, as well as
    10     * * *
    11     Section 6.  This act shall take effect immediately.













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