SENATE AMENDED PRIOR PRINTER'S NO. 1541 PRINTER'S NO. 4060
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 20070H1280B4060 - 2 -
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 20070H1280B4060 - 3 -
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: 20070H1280B4060 - 4 -
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 20070H1280B4060 - 5 -
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
20070H1280B4060 - 6 -
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 20070H1280B4060 - 7 -
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. <-- D25L53AJM/20070H1280B4060 - 11 -