PRINTER'S NO. 298
No. 291 Session of 2005
INTRODUCED BY CONTI, TOMLINSON, THOMPSON, RAFFERTY, MUSTO, PILEGGI, RHOADES, WOZNIAK, COSTA, KITCHEN AND ERICKSON, FEBRUARY 15, 2005
REFERRED TO LOCAL GOVERNMENT, FEBRUARY 15, 2005
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," providing watershed zoning cooperation among 21 adjoining municipalities. 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 27 adding an article to read:
1 ARTICLE VIII-B 2 Joint Watershed Zoning 3 Section 801-B. Definitions.--The following words and phrases 4 when used in this article shall have the meanings given to them 5 in this section unless the context clearly indicates otherwise: 6 "Department," the Department of Community and Economic 7 Development of the Commonwealth. 8 "Municipality," a municipality as defined in section 107 of 9 this act, excluding counties. 10 "Watershed," a watershed or subwatershed identified and 11 approved by the Department of Environmental Protection as an 12 identified subdivision of a larger drainage area in this 13 Commonwealth which larger drainage area is designated either 14 with an eight-digit hydrologic unit code by the United States 15 Geological Survey or as a subbasin in the Commonwealth's State 16 Water Plan. 17 Section 802-B. Intergovernmental Cooperation.--(a) To 18 further the purposes set forth in subsection (b), two or more 19 municipalities located wholly or partially within the boundaries 20 of a watershed may utilize the authority granted under 53 21 Pa.C.S. Pt. III Subpt. D (relating to area government and 22 intergovernmental cooperation) to enter into an agreement which 23 shall identify the common watershed and each participating 24 municipality's intention to adopt or amend a zoning ordinance to 25 create a joint watershed resource protection overlay district in 26 accordance with section 803-B. The agreement also may include: 27 (1) A statement of the joint policy goals and joint 28 development objectives of the participating municipalities, 29 with respect to land use. 30 (2) Density of population. 20050S0291B0298 - 2 -
1 (3) The need for housing, commerce and industry. 2 (4) The location and function of streets and other 3 community facilities and utilities. 4 (5) The need for preserving agricultural land and 5 protecting natural resources. 6 (6) Any other factors that the municipalities believe 7 relevant for protecting their common watershed and the 8 furtherance of the purposes set forth in subsection (b). 9 (b) In accordance with subsection (a), municipalities may 10 enter into cooperative agreements for any of the following 11 purposes: 12 (1) To preserve and protect the watershed, its surface 13 and groundwater resources, wetlands, aquifers and flood 14 plains. 15 (2) To minimize disturbances within the watershed in 16 order to protect and maintain the present quality and 17 quantity of potable water. 18 (3) To prevent and control pollution of surface water 19 and groundwater in the watershed. 20 (4) To restrict or control uses involving hazardous 21 materials or other contaminants within the watershed. 22 (5) To maintain safe and healthful environmental 23 conditions in the watershed. 24 (6) To regulate development within the watershed in a 25 manner consistent with watershed storm water plan or plans 26 applicable in the common watershed of each of the 27 municipalities which have entered into the agreement. 28 Section 803-B. Joint Watershed Resource Protection Overlay 29 District.--(a) (1) In accordance with the terms of an 30 agreement entered into pursuant to section 802-B, and for the 20050S0291B0298 - 3 -
1 purposes set forth therein, a municipality shall have the 2 power and authority, without having adopted a joint municipal 3 comprehensive plan, to engage in joint watershed zoning by 4 adopting or amending a zoning ordinance to create a joint 5 watershed resource protection overlay district. 6 (2) The overlay district shall not include any portion 7 of the municipality which is not within the watershed. 8 (3) The zoning ordinances or amendments creating a joint 9 watershed resource protection overlay district may include, 10 but not be limited to, any of the following: 11 (i) The establishment of special storm water and 12 water disposal provisions consistent with the protected 13 uses established by the Department of Environmental 14 Protection under 25 Pa. Code Ch. 93 (relating to water 15 quality standards). 16 (ii) The prohibition or strict control of identified 17 uses that require the storage and management of hazardous 18 or toxic materials. 19 (iii) Provisions for reducing densities. 20 (iv) Provisions limiting the amount of impervious 21 surface. 22 (v) The establishment of special requirements for 23 on-lot sewage disposal systems. 24 (b) (1) If a municipality which has not adopted a zoning 25 ordinance desires to participate in joint watershed zoning in 26 accordance with this article, it may, along with and as part 27 of the adoption of an underlying municipal zoning ordinance 28 that leaves no part of such municipality unzoned, also adopt 29 provisions to establish a joint watershed resource protection 30 overlay district. 20050S0291B0298 - 4 -
1 (2) If a municipality which has adopted an underlying 2 zoning ordinance that leaves no part of such municipality 3 unzoned desires to participate in joint watershed zoning in 4 accordance with this article, it may amend its zoning 5 ordinance by establishing a joint watershed resource 6 protection overlay district. 7 (3) The joint watershed resource protection overlay 8 district shall be superimposed on the zoning map. The overlay 9 district may be coterminous with one or more of the 10 underlying zoning district or districts or it may contain 11 parts of one or more of the underlying zoning district or 12 districts. 13 (4) Where there is a conflict between the provisions or 14 requirements relating to the joint watershed resource 15 protection overlay district and the provisions or 16 requirements relating to the underlying zoning district, the 17 more restrictive provisions or requirements shall apply. 18 Section 804-B. Withdrawing from Participation in Joint 19 Watershed Zoning.--No municipality may withdraw from its 20 participation in joint watershed zoning in accordance with this 21 article during the first three years following the date of 22 enactment or amendment of a zoning ordinance creating the joint 23 watershed resource protection overlay district. If, at any time 24 after the end of the second year following the enactment or 25 amendment of a zoning ordinance creating the joint watershed 26 resource protection overlay district, a municipality wishes to 27 withdraw from its participation in joint watershed zoning, it 28 shall enact an ordinance, which shall be effective no sooner 29 than one year after its enactment, repealing those provisions of 30 its zoning ordinance relating to the joint watershed resource 20050S0291B0298 - 5 -
1 protection overlay district and shall provide immediately and 2 concurrently one year's advance written notice of its repeal and 3 withdrawal to the governing bodies of all municipalities party 4 to the joint watershed zoning. The repeal and withdrawal may 5 become effective within less than one year with the unanimous 6 approval, by ordinance, of the governing bodies of all 7 municipalities party to the joint watershed zoning. 8 Section 805-B. Amendments to Zoning Ordinances Providing for 9 Joint Watershed Zoning.--During the period that a municipality 10 is participating in joint watershed zoning in accordance with 11 this article, any proposed amendments to the municipal zoning 12 ordinance shall be submitted to governing bodies and planning 13 agencies of each municipality participating in the joint 14 watershed zoning, and no amendment to a municipal zoning 15 ordinance shall be effective unless all of the participating 16 municipalities approve the amendment. 17 Section 806-B. Procedure for Curative Amendments.--Curative 18 amendments shall be filed in accordance with the requirements of 19 section 609.1 with the municipality within which the landowner's 20 property is located: Provided, however, That during the time 21 that a municipality is participating in joint watershed zoning 22 in accordance with this article, a governing body before which 23 the curative amendment is brought shall not have the power to 24 adopt any amendment to the municipal zoning ordinance without 25 the approval of the other municipalities participating in the 26 joint watershed zoning. The challenge shall be directed to the 27 validity of the municipal zoning ordinance in the context of all 28 uses provided within the entire combined area of jurisdiction of 29 all the municipalities which have cooperated in the creation of 30 the joint watershed resource protection overlay district. 20050S0291B0298 - 6 -
1 Section 807-B. Area of Jurisdiction for Challenges.--(a) In 2 any challenge to the validity of the zoning ordinance of a 3 municipality which, in accordance with this article, has acted 4 in concert with other municipalities to create a joint watershed 5 resource protection overlay district, the court shall consider 6 the validity of the challenged municipal ordinance in the 7 context of the entire combined area of jurisdiction of all the 8 municipalities that have cooperated in the creation of the joint 9 watershed resource protection overlay district. The court shall 10 not limit its consideration to the single constituent 11 municipality whose zoning ordinance is being challenged. 12 (b) The court shall not find the zoning ordinance of a 13 municipality which is participating in joint watershed zoning in 14 accordance with this article to be exclusionary if: 15 (1) a use is permitted within the jurisdictional area of 16 any of the municipalities which have cooperated in the 17 creation of the joint watershed resource protection overlay 18 district; 19 (2) a reasonable amount of land in reasonable geographic 20 areas is provided for all uses within the entire combined 21 area of jurisdiction of all the municipalities which have 22 cooperated in the creation of the joint watershed resource 23 protection overlay district; 24 (3) by considering collectively the zoning ordinances of 25 all the municipalities which have cooperated in the creation 26 of the joint watershed resource protection overlay district, 27 the court determines a wide range of housing opportunities 28 meeting all basic forms of housing is provided within the 29 entire combined area of jurisdiction of all the 30 municipalities which have cooperated in the creation of the 20050S0291B0298 - 7 -
1 joint watershed resource protection overlay district. 2 (c) If a reasonable amount of land in reasonable geographic 3 areas is provided for all uses within the entire combined 4 jurisdiction of the municipalities which have cooperated in the 5 creation of the joint watershed resource protection overlay 6 district, the court shall not require additional areas to be 7 zoned for any use if full utilization of the area previously 8 zoned for such use is achieved. 9 Section 808-B. Procedure for Municipal Curative Amendments 10 Under Joint Watershed Zoning.--(a) The governing body of a 11 municipality participating in joint water watershed zoning in 12 accordance with this article may, with the approval of other 13 participating municipalities, declare its municipal zoning 14 ordinance or portions thereof substantially invalid and prepare 15 a municipal curative amendment pursuant to section 609.2. 16 (b) The provisions of section 609.2(4) shall apply to all 17 municipalities participating in the joint watershed zoning. 18 (c) (1) In the case of a municipal curative amendment 19 involving two or three municipalities participating in joint 20 watershed zoning, the municipality shall have nine months 21 from the date of declaration of partial or total invalidity 22 to enact a curative amendment. 23 (2) Subject to the limitation contained in clause (3), 24 where there are more than three municipalities participating 25 in joint watershed zoning, the nine-month period shall be 26 extended one additional month for each municipality in excess 27 of three that is a party to the joint watershed zoning. 28 (3) Notwithstanding the additional periods provided for 29 in clause (2), a curative amendment shall be enacted by a 30 municipality which is participating in joint watershed zoning 20050S0291B0298 - 8 -
1 not later than one year from the date of declaration of 2 partial or total invalidity. 3 Section 809-B. Application of Article VI (Zoning).--Except 4 as otherwise provided in this article, or where, in the context 5 of this article, a different intention is indicated, the 6 provisions of Article VI shall apply to municipalities 7 participating in joint watershed zoning. 8 Section 810-B. Administration.--(a) The governing bodies of 9 the municipalities adopting the joint watershed zoning 10 provisions shall retain or create individual zoning hearing 11 boards in each of the individual participating municipalities to 12 administer both the applicable underlying zoning provisions and 13 joint provisions applicable in a joint watershed resource 14 protection overlay district. 15 (b) The zoning officer appointed by each municipality to 16 administer its zoning ordinance shall also administer the 17 provisions relating to joint watershed zoning applicable in the 18 joint watershed resource protection overlay district. 19 Section 811-B. Funding and Preferences.--(a) In order to 20 reimburse the municipalities for all or a portion of the 21 documented costs and expenses, approved by the department, 22 incurred in connection with the adoption of a zoning ordinance 23 or amendment to create a joint watershed resource protection 24 overlay district, the department is authorized and directed to 25 provide grants to municipalities that participate in joint 26 watershed zoning pursuant to this article. 27 (b) In accordance with a preference procedure to be devised 28 by the department's Center for Local Government Services, 29 municipalities that participate in joint watershed zoning by 30 creating a joint watershed resource protection overlay district 20050S0291B0298 - 9 -
1 pursuant to this article shall be entitled to priority 2 consideration when applying for State financial or technical 3 assistance, loans or grants for all projects or programs for 4 which applications are processed or administered by the 5 department. 6 Section 2. This act shall take effect in 60 days. B7L53RLE/20050S0291B0298 - 10 -