PRINTER'S NO. 214
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 19830S0200B0214 - 2 -
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 19830S0200B0214 - 3 -
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. L9L32RAW/19830S0200B0214 - 4 -