PRINTER'S NO. 2504
No. 1917 Session of 2003
INTRODUCED BY HARPER, HERMAN, DAILEY, TANGRETTI, WATSON, BARRAR, CLYMER, CRAHALLA, DENLINGER, FEESE, FICHTER, GRUCELA, HERSHEY, McILHINNEY, O'NEILL, PAYNE, PETRI, RUBLEY, SCAVELLO, STEIL, WEBER, YOUNGBLOOD, ROSS AND BALDWIN, AUGUST 5, 2003
REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS, AUGUST 5, 2003
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," further providing for contents of subdivision 21 and land development ordinance. 22 The General Assembly of the Commonwealth of Pennsylvania 23 hereby enacts as follows: 24 Section 1. Section 503(1) of the act of July 31, 1968 25 (P.L.805, No.247), known as the Pennsylvania Municipalities 26 Planning Code, reenacted and amended December 21, 1988
1 (P.L.1329, No.170) and amended June 22, 2000 (P.L.495, No.68), 2 is amended to read: 3 Section 503. Contents of Subdivision and Land Development 4 Ordinance.--The subdivision and land development ordinance may 5 include, but need not be limited to: 6 (1) Provisions for the submittal and processing of 7 plats, including the charging of review fees, and 8 specifications for such plats, including certification as to 9 the accuracy of plats and provisions for preliminary and 10 final approval and for processing of final approval by stages 11 or sections of development. Such plats and surveys shall be 12 prepared in accordance with the act of May 23, 1945 (P.L.913, 13 No.367), known as the "Engineer, Land Surveyor and Geologist 14 Registration Law," except that this requirement shall not 15 preclude the preparation of a plat in accordance with the act 16 of January 24, 1966 (1965 P.L.1527, No.535), known as the 17 "Landscape Architects' Registration Law," when it is 18 appropriate to prepare the plat using professional services 19 as set forth in the definition of the "practice of landscape 20 architecture" under section 2 of that act. Review fees may 21 include reasonable and necessary charges by the 22 municipality's professional consultants, including, but not 23 limited to, the municipality's solicitors or other providers 24 of legal service, or engineer for review and report thereon 25 to the municipality. Such review fees shall be based upon a 26 schedule established by ordinance or resolution. Such review 27 fees shall be reasonable and in accordance with the ordinary 28 and customary charges by the municipal engineer or consultant 29 for similar service in the community, but in no event shall 30 the fees exceed the rate or cost charged by the engineer or 20030H1917B2504 - 2 -
1 consultant to the municipalities when fees are not reimbursed 2 or otherwise imposed on applicants. 3 (i) In the event the applicant disputes the amount 4 of any such review fees, the applicant shall, within 14 5 days of the applicant's receipt of the bill, notify the 6 municipality that such fees are disputed, in which case 7 the municipality shall not delay or disapprove a 8 subdivision or land development application due to the 9 applicant's request over disputed fees. 10 (ii) In the event that the municipality and the 11 applicant cannot agree on the amount of review fees which 12 are reasonable and necessary, then the applicant and the 13 municipality shall follow the procedure for dispute 14 resolution set forth in section 510(g), provided that the 15 professionals resolving such dispute shall be of the same 16 profession or discipline as the consultants whose fees 17 are being disputed. 18 * * * 19 Section 2. This act shall take effect in 60 days. G16L53DMS/20030H1917B2504 - 3 -