PRINTER'S NO. 2032
No. 1615 Session of 1997
INTRODUCED BY STEIL, MASLAND, CONTI, GODSHALL, SAYLOR, WALKO,
BELARDI, WAUGH, STURLA, YOUNGBLOOD, E. Z. TAYLOR, STEELMAN,
ROSS, ARGALL, STETLER, RUBLEY, LEVDANSKY AND CARONE,
JUNE 11, 1997
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 11, 1997
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," adding provisions relating to common base
21 zoning.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. The act of July 31, 1968 (P.L.805, No.247), known
25 as the Pennsylvania Municipalities Planning Code, reenacted and
26 amended December 21, 1988 (P.L.1329, No.170), is amended by
1 adding an article to read:
2 ARTICLE V-B
3 Common Base Zoning
4 Section 501-B. Definitions.--The following words and phrases
5 when used in this article shall have the meanings given to them
6 in this section unless the context clearly indicates otherwise:
7 "Common Base Zone," the dwelling unit density assigned to the
8 entire base land area to be contained within the zone or the
9 entire land area within a municipality. The density shall be
10 expressed as a ratio of dwelling units per acre permitted in the
11 developed zone compared to the nondeveloped zone, which shall
12 not be less than one to one.
13 "Developed area," that portion of the overlay zone designated
14 to receive development rights under section 504-B.
15 "Dwelling unit," that structure or portion of a structure
16 which contains all the elements necessary to provide long-term
17 residential space to an individual or a family. For
18 commercial/industrial structures a dwelling unit shall be equal
19 to 12,000 square feet.
20 "Minor subdivision," the subdivision of land into not more
21 than two parcels and as otherwise defined by municipal
22 ordinance. No minor subdivision shall be permitted unless the
23 municipality has adopted a minor subdivision ordinance.
24 "Open space," land designated by the Overlay Zoning Plan that
25 shall not be developed except as provided by this act, including
26 all natural land required for nonstructural municipal purposes
27 such as detention/retention basins, recreation fields, natural
28 preserves, environmentally sensitive land, wetlands and flood
29 plains, spray irrigation fields, lakes, stream courses and other
30 natural drainage-ways, agricultural land, all privately owned
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1 forests, fields or other open lands in excess of five acres
2 excluding the developed portion of any such areas. Open space
3 does not include roadways, their rights-of-way or any structure
4 in the right-of-way, land upon which a structure has been placed
5 or any impervious surface.
6 "Overlay zone," the process by which specific use zones are
7 overlayed or imposed on top of the Common Base Zone.
8 Section 502-B. Establishing Common Base Zone.--Any
9 municipality which has previously subdivided 50% or less of its
10 total land area may adopt a Common Base Zone for all or any
11 portion of the remaining nonsubdivided land exceeding 500 acres
12 of contiguous tracts in accordance with the following:
13 (1) The comprehensive plan shall be amended to incorporate a
14 Common Base Zone.
15 (2) An ordinance implementing the Common Base Zone shall be
16 adopted.
17 (3) The ordinance shall define:
18 (i) Specific land area to be included in the Common Base
19 Zone.
20 (ii) A determination of the dwelling units per acre density
21 of developed areas to nondeveloped areas.
22 (iii) A time schedule, not to exceed 12 months, for the
23 adoption of the overlay zone.
24 (4) The municipality may suspend for up to 12 months
25 accepting any subdivision plans for the proposed Common Base
26 Zone until the overlay zone is adopted.
27 (5) Define procedures for any future removal of
28 nonsubdivided lands from the Common Base Zone. Lands subdivided
29 or lands from which the dwelling unit rights have been sold or
30 transferred may not be removed from the Common Base Zone.
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1 Section 503-B. Overlay Zoning Plan Requirements.--(a) The
2 municipality shall create a common base overlay zone in
3 accordance with the following allocations:
4 (1) Open space (50% maximum). A nondeveloped area.
5 (2) Commercial/industrial (10% minimum). A developed area.
6 (3) Single family detached dwelling unit (20% minimum). A
7 developed area.
8 (4) Single family attached dwelling unit (20% minimum). A
9 developed area.
10 (b) The percentage of open space may be decreased, but
11 additional developed land must be allocated in the same
12 developed percentage as outlined in subsection (a).
13 (c) No structures or impervious surfaces shall be permitted
14 within the open space zone. The municipality may adopt
15 regulations governing additional structures on land already
16 developed and may permit up to two minor subdivisions on any tax
17 parcel existing as of January 1, 1997, for which no subdivision
18 or land development plan has been filed.
19 Section 504-B. Transfer of Development Right.--(a)
20 Buildable densities above the common base must be purchased from
21 owners of open space land. For each acre of land within the open
22 space zone, the owner may sell the rights to the common base
23 density to owners of land within the overlay zone.
24 (b) Owners of land within the developed sector of the
25 overlay zone shall not be permitted to sell the rights to those
26 dwelling units.
27 (c) Owners of environmentally sensitive land within the
28 developed sector of the overlay zone may be permitted to sell
29 one dwelling unit per acre if such lands are permanently deed-
30 restricted in their natural state.
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1 (d) Land within the open space zone from which the common
2 base density has been sold or transferred shall be deed-
3 restricted, and no further development of any kind shall be
4 permitted.
5 (e) Counties shall assess, for tax purposes, any land
6 described in subsection (d) only upon its remaining value.
7 (f) Common base density rights may be sold to owners of any
8 land within an overlay zone established in accordance with this
9 act anywhere within the same county.
10 (g) Counties may form regional compacts to permit sale of
11 common base density rights among several contiguous counties.
12 Section 505-B. Regional Planning and Zoning Compacts.--
13 Municipalities which enter into regional planning and zoning
14 compacts may sell the rights to dwelling units per square acre
15 at the rate of 25% of the developed sector dwelling unit per
16 acre density. The proceeds of such sales shall be shared equally
17 with the appropriate school district or districts.
18 Section 506-B. Declaratory Judgment Procedure.--Any
19 interested person under a deed, will, written contract or other
20 writings constituting a contract, or whose rights, status or
21 other legal relations are affected by this article or a statute,
22 municipal ordinance, contract or franchise created under this
23 article may have determined any question of construction or
24 validity arising under the instrument, statute, ordinance,
25 contract or franchise, and obtain a declaration of rights,
26 status or other legal relations thereunder in a court of
27 competent jurisdiction.
28 Section 507-B. Owners of Previously Subdivided Land.--Owners
29 of previously subdivided land that is to be redeveloped shall be
30 granted a bonus of one dwelling unit per acre.
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1 Section 508-B. Zoning Challenges and Curative Amendments.--
2 Challenges to the common base zone shall be filed with the court
3 of common pleas. Curative amendments shall not be submitted with
4 the challenge.
5 Section 2. This act shall take effect in 60 days.
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