PRIOR PRINTER'S NO. 214 PRINTER'S NO. 1017
No. 200 Session of 1983
INTRODUCED BY REIBMAN, LLOYD, SINGEL, O'PAKE, ANDREZESKI,
LINCOLN, LEWIS, CORMAN AND FISHER, FEBRUARY 4, 1983
SENATOR FISHER, ENVIRONMENTAL RESOURCES AND ENERGY, RE-REPORTED
AS AMENDED, JUNE 21, 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 (23) "WATER SURVEY," AN INVENTORY OF THE SOURCE, QUANTITY, <--
9 YIELD AND USE OF GROUND AND SURFACE WATER RESOURCES WITHIN A
10 MUNICIPALITY.
11 Section 2. Section 209.1(b)(6) of the act, added June 1, <--
12 1972 (P.L.333, No.93), is amended BY ADDING A CLAUSE to read: <--
13 Section 209.1. Powers and Duties of Planning Agency.--* * *
14 (b) The planning agency at the request of the governing body
15 may:
16 * * *
17 (6) Prepare and present to the governing body of the <--
18 municipality an environmental study; prepare and present to the
19 governing body of the municipality a water survey;
20 (7.1) PREPARE AND PRESENT TO THE GOVERNING BODY OF THE <--
21 MUNICIPALITY A WATER SURVEY, WHICH SHALL BE CONSISTENT WITH THE
22 STATE WATER PLAN AND ANY APPLICABLE WATER RESOURCES PLAN ADOPTED
23 BY A RIVER BASIN COMMISSION. THE WATER SURVEY SHALL BE CONDUCTED
24 IN CONSULTATION WITH ANY PUBLIC WATER SUPPLIER IN THE AREA TO BE
25 SURVEYED.
26 * * *
27 Section 3. Section 301 of the act, amended June 1, 1972
28 (P.L.333, No.93), is amended to read:
29 Section 301. Preparation of Comprehensive Plan.--(A) The <--
30 comprehensive plan, consisting of maps, charts and textual
19830S0200B1017 - 2 -
1 matter, shall indicate the recommendations of the planning
2 agency for the continuing development of the municipality. The
3 comprehensive plan shall include, but need not be limited to,
4 the following related basic elements:
5 (1) A statement of objectives of the municipality concerning
6 its future development;
7 (2) A plan for land use, which may include the amount,
8 intensity, and character of land use proposed for residence,
9 industry, business, agriculture, major traffic and transit
10 facilities, public grounds, flood plans and other areas of
11 special hazards and other similar uses;
12 (3) A plan for movement of people and goods, which may
13 include expressways, highways, local street systems, parking
14 facilities, mass transit routes, terminals, airfields, port
15 facilities, railroad facilities and other similar facilities or
16 uses;
17 (4) A plan for community facilities and utilities, which may
18 include public and private education, recreation, municipal
19 buildings, libraries, water supply, sewage disposal, refuse
20 disposal, storm drainage, hospitals, and other similar uses; and
21 (5) A map or statement indicating the relationship of the
22 municipality and its proposed development to adjacent
23 municipalities and areas.
24 (B) THE COMPREHENSIVE PLAN MAY INCLUDE A PLAN FOR THE <--
25 RELIABLE SUPPLY OF WATER, CONSIDERING CURRENT AND FUTURE WATER
26 RESOURCES AVAILABILITY, USES AND LIMITATIONS, INCLUDING
27 PROVISIONS ADEQUATE TO PROTECT WATER SUPPLY SOURCES. ANY SUCH
28 PLAN SHALL BE CONSISTENT WITH THE PENNSYLVANIA STATE WATER PLAN
29 AND ANY APPLICABLE WATER RESOURCES PLAN ADOPTED BY A RIVER BASIN
30 COMMISSION.
19830S0200B1017 - 3 -
1 (C) In preparing the comprehensive plan the planning agency <--
2 shall make careful surveys and studies of existing conditions
3 and prospects for future growth in the municipality.
4 The comprehensive plan may include a plan for the use of <--
5 water.
6 SECTION 4. SECTION 503 OF THE ACT IS AMENDED BY ADDING A <--
7 CLAUSE TO READ:
8 SECTION 503. CONTENTS OF SUBDIVISION AND LAND DEVELOPMENT
9 ORDINANCE.--THE SUBDIVISION AND LAND DEVELOPMENT ORDINANCE MAY
10 INCLUDE, BUT NEED NOT BE LIMITED TO:
11 * * *
12 (7) PROVISIONS AND STANDARDS FOR INSURING THAT NEW
13 DEVELOPMENTS INCORPORATE ADEQUATE PROVISIONS FOR A RELIABLE,
14 SAFE AND ADEQUATE WATER SUPPLY TO SUPPORT INTENDED USES WITHIN
15 THE CAPACITY OF AVAILABLE RESOURCES.
16 Section 4 5. Section 603(a)(1) of the act, amended June 9, <--
17 1982 (P.L.441, No.130), is amended BY ADDING A SUBSECTION to <--
18 read:
19 Section 603. Ordinance Provisions.--(a) Zoning ordinances <--
20 may permit, prohibit, regulate, restrict and determine:
21 (1) Uses of land, watercourses and other bodies of water,
22 including surface, percolating and ground waters;
23 * * *
24 (C) ZONING ORDINANCES MAY INCLUDE PROVISIONS REGULATING THE <--
25 SITING, DENSITY AND DESIGN OF RESIDENTIAL, COMMERCIAL,
26 INDUSTRIAL AND OTHER DEVELOPMENTS IN ORDER TO ASSURE THE
27 AVAILABILITY OF RELIABLE, SAFE AND ADEQUATE WATER SUPPLIES TO
28 SUPPORT THE INTENDED LAND USES WITHIN THE CAPACITY OF AVAILABLE
29 WATER RESOURCES.
30 Section 5 6. Section 604(1) of the act is amended to read: <--
19830S0200B1017 - 4 -
1 Section 604. Zoning Purposes.--The provisions of zoning
2 ordinances shall be designed:
3 (1) To promote, protect and facilitate one or more of the
4 following: the public health, safety, morals, general welfare,
5 coordinated and practical community development, proper density
6 of population, civil defense, disaster evacuation, airports, and
7 national defense facilities, the [provisions] provision of
8 adequate light and air, police protection, vehicle parking and
9 loading space, transportation, [water,] sewerage, schools,
10 public grounds, the provision of a safe, RELIABLE AND ADEQUATE <--
11 water supply for domestic, commercial, agricultural or
12 industrial use, and other public requirements, as well as
13 * * *
14 Section 6 7. This act shall take effect immediately. <--
L9L32RAW/19830S0200B1017 - 5 -