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                                 SENATE AMENDED
        PRIOR PRINTER'S NO. 1541                      PRINTER'S NO. 4060

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1280 Session of 2007


        INTRODUCED BY FREEMAN, STEIL, TANGRETTI, ROSS, ARGALL, LEACH,
           GRUCELA, BOYD, BRENNAN, CALTAGIRONE, CARROLL, COHEN, DALLY,
           GEIST, GINGRICH, HARPER, HENNESSEY, JOSEPHS, KOTIK, LENTZ,
           LEVDANSKY, MILNE, MUNDY, NICKOL, O'NEILL, PASHINSKI, PETRONE,
           READSHAW, REICHLEY, RUBLEY, SCAVELLO, SCHRODER, SIPTROTH,
           SOLOBAY, STURLA, VITALI, WAGNER, YOUNGBLOOD, YUDICHAK,
           SWANGER, DALEY, HELM, GERGELY, FABRIZIO AND THOMAS,
           MAY 8, 2007

        SENATOR REGOLA, LOCAL GOVERNMENT, IN SENATE, AS AMENDED,
           JUNE 25, 2008

                                     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 defining "traditional neighborhood
    21     development"; further providing for grants of power to
    22     municipalities, for standards and conditions for traditional
    23     neighborhood development designations and for manuals of
    24     written and graphic design guidelines; and providing for       <--
    25     subdivision and land development ordinance provisions
    26     applicable to traditional neighborhood development, FURTHER    <--


     1     PROVIDING FOR TIME LIMITATIONS, FOR PROCEDURE TO OBTAIN
     2     PRELIMINARY OPINION AND FOR IMPLEMENTATION AGREEMENTS.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5     Section 1.  The definition of "traditional neighborhood
     6  development" in section 107(a) of the act of July 31, 1968
     7  (P.L.805, No.247), known as the Pennsylvania Municipalities
     8  Planning Code, reenacted and amended December 21, 1988
     9  (P.L.1329, No.170) and added June 22, 2000 (P.L.495, No.68), is
    10  amended to read:
    11     Section 107.  Definitions.--(a)  The following words and
    12  phrases when used in this act shall have the meanings given to
    13  them in this subsection unless the context clearly indicates
    14  otherwise:
    15     * * *
    16     "Traditional neighborhood development," an area of land
    17  typically developed for a compatible mixture of residential
    18  units for various income levels and nonresidential commercial
    19  and workplace uses, including some structures that provide for a
    20  mix of uses within the same building. Residences, shops,
    21  offices, workplaces, public buildings and parks are interwoven
    22  within the neighborhood so that all are within relatively close
    23  proximity to each other. Traditional neighborhood development is
    24  relatively compact[, limited in size] and oriented toward
    25  pedestrian activity. It has an identifiable center and a
    26  discernible edge. The center of the neighborhood is in the form
    27  of a public park, commons, plaza, square or prominent
    28  intersection of two or more major streets. Generally, there is a
    29  hierarchy of streets laid out [in a rectilinear or grid pattern
    30  of interconnecting] with an interconnected network of streets

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     1  and blocks that provides multiple routes from origins to
     2  destinations and are appropriately designed to serve the needs
     3  of pedestrians and vehicles equally.
     4     * * *
     5     Section 2.  Sections 702-A, 706-A(d) and 708-A of the act,
     6  added June 22, 2000 (P.L.495, No.68), are amended to read:
     7     Section 702-A.  Grant of Power.--The governing body of each
     8  municipality may enact, amend and repeal provisions of a zoning
     9  ordinance in order to fix standards and conditions for
    10  traditional neighborhood development. The provisions for
    11  standards and conditions for traditional neighborhood
    12  development shall be, EXCEPT AS OTHERWISE PROVIDED IN THIS        <--
    13  ARTICLE, CONSISTENT WITH ARTICLE VI AND SHALL BE included within
    14  the zoning ordinance, and the enactment of the traditional
    15  neighborhood development provisions shall be in accordance with
    16  the procedures required for the enactment of an amendment of a
    17  zoning ordinance as provided in Article VI. The provisions
    18  shall:
    19         (1)  Set forth the standards, conditions and regulations
    20     for a traditional neighborhood development consistent with
    21     this article. A ZONING ORDINANCE OR AMENDMENT MAY AUTHORIZE    <--
    22     AND PROVIDE STANDARDS, CONDITIONS AND REGULATIONS FOR
    23     TRADITIONAL NEIGHBORHOOD DEVELOPMENT THAT PERMIT THE CREATION
    24     OF A TRADITIONAL NEIGHBORHOOD DEVELOPMENT IN ANY PART OF THE
    25     MUNICIPALITY OR IN ONE OR MORE SPECIFIED ZONING DISTRICTS, OR
    26     WHICH DESIGNATE A PART OR PARTS OF THE MUNICIPALITY AS A
    27     DISTRICT OR DISTRICTS WHICH ARE RESERVED EXCLUSIVELY FOR
    28     TRADITIONAL NEIGHBORHOOD DEVELOPMENT.
    29             [(i)  [In the case of new development, a traditional   <--
    30         neighborhood development designation shall be in the form
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     1         of an overlay zone. Such an overlay zone does not need to
     2         be considered a conditional use by the municipality if it
     3         chooses not to.]                                           <--
     4             (ii)  [In the case of either an outgrowth or           <--
     5         extension of existing development or urban infill, a] A    <--
     6         traditional neighborhood development designation may be
     7         either in the form of an overlay zone or as an outright
     8         designation, whichever the municipality decides.
     9         [Outgrowths or extensions of existing development may      <--
    10         include development of a contiguous municipality.]
    11             (iii)  Whenever a traditional neighborhood             <--
    12         development designation is an outright designation, it
    13         may be a permitted use in an existing district or in a
    14         proposed new district.
    15         (2)  Set forth the procedures pertaining to the
    16     application for, hearing on and preliminary and final
    17     approval of a traditional neighborhood development which
    18     shall be consistent with this article for those applications
    19     and hearings.
    20     Section 706-A.  Standards and Conditions for Traditional
    21  Neighborhood Development.--* * *
    22     (d)  The provisions adopted pursuant to this article shall
    23  establish standards governing the density or intensity of land
    24  use in a traditional neighborhood development. The standards may
    25  vary the density or intensity of land use otherwise applicable
    26  to the land under the provisions of a zoning ordinance of the
    27  municipality within the traditional neighborhood development. It
    28  is recommended that the provisions adopted by the municipality
    29  pursuant to this article include, but not be limited to, all of
    30  the following:
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     1         (1)  The amount, location and proposed use of common open
     2     space, providing for parks to be distributed throughout the
     3     neighborhood as well as the establishment of a centrally
     4     located public commons, square, park, plaza or prominent
     5     intersection of two or more major streets.
     6         (2)  The location and physical characteristics of the
     7     site of the proposed traditional neighborhood development,
     8     providing for the retaining and enhancing, where practicable,
     9     of natural features such as wetlands, ponds, lakes,
    10     waterways, trees of high quality, significant tree stands and
    11     other significant natural features. These significant natural
    12     features should be at least partially fronted by public
    13     tracts whenever possible.
    14         (3)  The location and physical characteristics of the
    15     site of the proposed traditional neighborhood development so
    16     that it will develop out of the location of squares, parks
    17     and other neighborhood centers and subcenters. Zoning changes
    18     in building type should generally occur at mid-block rather
    19     than mid-street, and buildings should tend to be zoned by
    20     compatibility of building type rather than building use. The
    21     proposed traditional neighborhood development should be
    22     designed to work with the topography of the site to minimize
    23     the amount of grading necessary to achieve a street network,
    24     and some significant high points of the site should be set
    25     aside for public tracts for the location of public buildings
    26     or other public facilities.
    27         (4)  The location, design, type and use of structures
    28     proposed, with most structures being placed close to the
    29     street at generally the equivalent of one-quarter the width
    30     of the lot or less. The distance between the sidewalk and
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     1     residential dwellings should, as a general rule, be occupied
     2     by a semipublic attachment such as a porch or, at a minimum,
     3     a covered entryway.
     4         (5)  The location, design, type and use of streets,
     5     alleys, sidewalks and other public rights-of-way with a
     6     hierarchy of streets laid out [in a rectilinear or grid
     7     pattern of interconnecting] with an interconnected network of
     8     streets and blocks that provide multiple routes from origins
     9     to destinations and are appropriately designed to serve the
    10     needs of pedestrians and vehicles equally. As such, most
    11     streets, except alleys, should have sidewalks.
    12         (6)  The location for vehicular parking with the street
    13     plan providing for on-street parking for most streets, with
    14     the exception of alleys. All parking lots, except where there
    15     is a compelling reason to the contrary, should be located
    16     either behind or to the side of buildings and in most cases
    17     should be located toward the center of blocks such that only
    18     their access is visible from adjacent streets. In most cases,
    19     structures located on lots smaller than 50 feet in width
    20     should be served by a rear alley with all garages fronting on
    21     alleys. Garages not served by an alley should be set back [a
    22     minimum of 20 feet] from the front of the house or rotated so
    23     that the garage doors do not face any adjacent streets.
    24         (7)  The minimum and maximum areas and dimensions of the
    25     properties and common open space within the proposed
    26     traditional neighborhood development and the approximate
    27     distance from the center to the edge of the traditional
    28     neighborhood development. It is recommended that the distance
    29     from the center to the edge of the traditional neighborhood
    30     development be approximately one-quarter mile or less and not
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     1     more than one-half mile. Traditional neighborhood
     2     developments in excess of one-half mile distance from center
     3     to edge should be divided into two or more developments.
     4         (8)  The site plan to provide for either a natural or
     5     man-made corridor to serve as the edge of the neighborhood.
     6     When standing alone, the traditional neighborhood development
     7     should front on open space to serve as its edge. Such open
     8     space may include, but is not limited to, parks, a golf
     9     course, cemetery, farmland or natural settings such as
    10     woodlands or waterways. When adjacent to existing
    11     development, the traditional neighborhood development should
    12     either front on open space, a street or roadway or any
    13     combination hereof.
    14         (9)  The greatest density of housing and the
    15     preponderance of office and commercial uses should be located
    16     [in the center of] to anchor the traditional neighborhood
    17     development. [However, if] If the neighborhood is adjacent to
    18     existing development or a major roadway then office,
    19     commercial and denser residential uses may be located at
    20     either the edge or the center, or both. Commercial uses
    21     located at the edge of the traditional neighborhood
    22     development may be located adjacent to similar commercial
    23     uses in order to form a greater commercial corridor.
    24     * * *
    25     Section 708-A.  Manual of Written and Graphic Design
    26  Guidelines.--Where it has adopted provisions for a traditional
    27  neighborhood development, the governing body of a municipality
    28  may also adopt [by ordinance], upon review and recommendation of
    29  the planning commission where one exists, a manual of written
    30  and graphic design guidelines [to assist applicants in the
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     1  preparation of proposals for a traditional neighborhood
     2  development]. The manual may be included in the zoning ordinance
     3  or the subdivision and land development ordinance or in both.
     4     Section 3.  The act is amended by adding a section to read:
     5     Section 708.1-A.  Subdivision and Land Development Ordinance
     6  Provisions Applicable to Traditional Neighborhood Development.--
     7  The municipality may enact subdivision and land development
     8  ordinance provisions applicable to a traditional neighborhood
     9  development to address the design standards that are appropriate
    10  to a traditional neighborhood development, including, but not
    11  limited to, compactness, pedestrian orientation, street geometry
    12  or other small scale design features. The provisions may be
    13  included as part of any ordinance pertaining to traditional
    14  neighborhood development and may be subject to modification
    15  similar to section 512.1.
    16     SECTION 4.  SECTIONS 914.1 AND 916.2 OF THE ACT, ADDED         <--
    17  DECEMBER 21, 1988 (P.L.1329, NO.170), ARE AMENDED TO READ:
    18     SECTION 914.1.  TIME LIMITATIONS.--(A)  NO PERSON SHALL BE
    19  ALLOWED TO FILE ANY PROCEEDING WITH THE BOARD LATER THAN 30 DAYS
    20  AFTER AN APPLICATION FOR DEVELOPMENT, PRELIMINARY OR FINAL, HAS
    21  BEEN APPROVED BY AN APPROPRIATE MUNICIPAL OFFICER, AGENCY OR
    22  BODY IF SUCH PROCEEDING IS DESIGNED TO SECURE REVERSAL OR TO
    23  LIMIT THE APPROVAL IN ANY MANNER UNLESS SUCH PERSON ALLEGES AND
    24  PROVES THAT HE HAD NO NOTICE, KNOWLEDGE, OR REASON TO BELIEVE
    25  THAT SUCH APPROVAL HAD BEEN GIVEN. IF SUCH PERSON HAS SUCCEEDED
    26  TO HIS INTEREST AFTER SUCH APPROVAL, HE SHALL BE BOUND BY THE
    27  KNOWLEDGE OF HIS PREDECESSOR IN INTEREST. THE FAILURE OF ANYONE
    28  OTHER THAN THE LANDOWNER TO APPEAL FROM AN ADVERSE DECISION ON A
    29  TENTATIVE PLAN PURSUANT TO SECTION 709 [OR FROM AN ADVERSE
    30  DECISION BY A ZONING OFFICER ON A CHALLENGE TO THE VALIDITY OF
    20070H1280B4060                  - 8 -     

     1  AN ORDINANCE OR MAP] SHALL PRECLUDE AN APPEAL FROM A FINAL
     2  APPROVAL EXCEPT IN THE CASE WHERE THE FINAL SUBMISSION
     3  SUBSTANTIALLY DEVIATES FROM THE PLAN GIVEN TENTATIVE APPROVAL.
     4  THE FAILURE OF ANYONE OTHER THAN THE LANDOWNER TO APPEAL FROM A
     5  PRELIMINARY OPINION OF A ZONING OFFICER RENDERED PURSUANT TO
     6  SECTION 916.2 SHALL PRECLUDE AN APPEAL FROM [A FINAL APPROVAL
     7  EXCEPT IN THE CASE WHERE THE FINAL SUBMISSION SUBSTANTIALLY
     8  DEVIATES FROM THE APPROVED TENTATIVE APPROVAL.] THE ISSUANCE OF
     9  A ZONING PERMIT OR FROM A PRELIMINARY OR FINAL SUBDIVISION OR
    10  LAND DEVELOPMENT PLAN APPROVAL ON ANY BASIS WHICH WAS THE
    11  SUBJECT OF THE ZONING OFFICER'S PRELIMINARY OPINION.
    12     (B)  ALL APPEALS FROM DETERMINATIONS ADVERSE TO THE
    13  LANDOWNERS SHALL BE FILED BY THE LANDOWNER WITHIN 30 DAYS AFTER
    14  NOTICE OF THE DETERMINATION IS ISSUED.
    15     SECTION 916.2.  PROCEDURE TO OBTAIN PRELIMINARY OPINION.--IN
    16  ORDER NOT TO UNREASONABLY DELAY THE TIME WHEN A LANDOWNER MAY
    17  SECURE ASSURANCE THAT THE ORDINANCE OR MAP UNDER WHICH HE
    18  PROPOSED TO BUILD IS FREE FROM CHALLENGE, OR THAT A PROPOSED USE
    19  IS PERMITTED UNDER THE ZONING ORDINANCE, AND RECOGNIZING THAT
    20  THE PROCEDURE FOR PRELIMINARY APPROVAL OF HIS DEVELOPMENT MAY BE
    21  TOO CUMBERSOME OR MAY BE UNAVAILABLE, THE LANDOWNER MAY ADVANCE
    22  THE DATE FROM WHICH TIME FOR ANY CHALLENGE TO THE ORDINANCE
    23  [OR], MAP OR PROPOSED USE WILL RUN UNDER SECTION 914.1 BY THE
    24  FOLLOWING PROCEDURE:
    25         (1)  THE LANDOWNER MAY SUBMIT PLANS AND OTHER MATERIALS
    26     DESCRIBING HIS PROPOSED USE OR DEVELOPMENT TO THE ZONING
    27     OFFICER FOR A PRELIMINARY OPINION, WHICH SHALL BE A
    28     DETERMINATION, AS TO THEIR COMPLIANCE WITH THE APPLICABLE
    29     ORDINANCES AND MAPS. SUCH PLANS AND OTHER MATERIALS SHALL NOT
    30     BE REQUIRED TO MEET THE STANDARDS PRESCRIBED FOR PRELIMINARY,
    20070H1280B4060                  - 9 -     

     1     TENTATIVE OR FINAL APPROVAL OR FOR THE ISSUANCE OF A BUILDING
     2     PERMIT SO LONG AS THEY PROVIDE REASONABLE NOTICE OF THE
     3     PROPOSED USE OR DEVELOPMENT AND A SUFFICIENT BASIS FOR A
     4     PRELIMINARY OPINION AS TO ITS COMPLIANCE.
     5         (2)  THE ZONING OFFICER SHALL ISSUE A WRITTEN PRELIMINARY
     6     OPINION NO LATER THAN 45 DAYS AFTER RECEIPT OF A WRITTEN
     7     REQUEST FOR PRELIMINARY OPINION. IF THE ZONING OFFICER'S
     8     PRELIMINARY OPINION IS THAT THE USE OR DEVELOPMENT COMPLIES
     9     WITH THE ORDINANCE OR MAP, NOTICE THEREOF SHALL BE PUBLISHED
    10     ONCE EACH WEEK FOR TWO SUCCESSIVE WEEKS IN A NEWSPAPER OF
    11     GENERAL CIRCULATION IN THE MUNICIPALITY. SUCH NOTICE SHALL
    12     INCLUDE A GENERAL DESCRIPTION OF THE PROPOSED USE OR
    13     DEVELOPMENT AND ITS LOCATION, BY SOME READILY IDENTIFIABLE
    14     DIRECTIVE, AND THE PLACE AND TIMES WHERE THE PLANS AND OTHER
    15     MATERIALS MAY BE EXAMINED BY THE PUBLIC. THE FAVORABLE
    16     PRELIMINARY APPROVAL UNDER SECTION 914.1 AND THE TIME THEREIN
    17     SPECIFIED FOR COMMENCING A PROCEEDING WITH THE BOARD SHALL
    18     RUN FROM THE TIME WHEN THE SECOND NOTICE THEREOF HAS BEEN
    19     PUBLISHED.
    20     SECTION 5.  SECTION 1104(B)(1) OF THE ACT, AMENDED JUNE 22,
    21  2000 (P.L.483, NO.67), IS AMENDED TO READ:
    22     SECTION 1104.  IMPLEMENTATION AGREEMENTS.--* * *
    23     (B)  COOPERATIVE IMPLEMENTATION AGREEMENTS SHALL:
    24         (1)  ESTABLISH THE PROCESS THAT THE PARTICIPATING
    25     MUNICIPALITIES WILL USE TO ACHIEVE GENERAL CONSISTENCY
    26     BETWEEN THE COUNTY OR MULTIMUNICIPAL COMPREHENSIVE PLAN AND
    27     ZONING ORDINANCES, SUBDIVISION AND LAND DEVELOPMENT AND
    28     CAPITAL IMPROVEMENT PLANS WITHIN PARTICIPATING
    29     MUNICIPALITIES, INCLUDING [ADOPTION] ENACTMENT OF CONFORMING
    30     ORDINANCES BY PARTICIPATING MUNICIPALITIES WITHIN TWO YEARS
    20070H1280B4060                 - 10 -     

     1     AND A MECHANISM FOR RESOLVING DISPUTES OVER THE
     2     INTERPRETATION OF THE MULTIMUNICIPAL COMPREHENSIVE PLAN AND
     3     THE CONSISTENCY OF IMPLEMENTING PLANS AND ORDINANCES. THE
     4     PARTICIPATING MUNICIPALITIES MAY AMEND THE INTERGOVERNMENTAL
     5     COOPERATION AGREEMENT TO EXTEND THE TIME TO ENACT THE
     6     CONFORMING ORDINANCES BY A PERIOD SPECIFIED IN THE AMENDMENT.
     7         * * *
     8     Section 4 6.  This act shall take effect in 60 days.           <--















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