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                                                      PRINTER'S NO. 2242

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1525 Session of 2007


        INTRODUCED BY STEIL, FREEMAN, THOMAS, BOYD, CURRY, FABRIZIO,
           GINGRICH, GRUCELA, HENNESSEY, MARSHALL, R. MILLER, SWANGER,
           YOUNGBLOOD AND BRENNAN, JULY 6, 2007

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JULY 6, 2007

                                     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 definitions, for
    21     comprehensive plans and for compliance by counties; providing
    22     for proposed ordinances; and further providing for impact
    23     fees and for transportation capital improvement plans.

    24     The General Assembly of the Commonwealth of Pennsylvania
    25  hereby enacts as follows:
    26     Section 1.  The definitions of "public infrastructure area,"
    27  "public infrastructure services" and "rural resource area" in
    28  section 107(a) of the act of July 31, 1968 (P.L.805, No.247),

     1  known as the Pennsylvania Municipalities Planning Code,
     2  reenacted and amended December 21, 1988 (P.L.1329, No.170) and
     3  added June 22, 2000 (P.L.483, No.67), are amended and the
     4  subsection is amended by adding definitions to read:
     5     Section 107.  Definitions.--(a)  The following words and
     6  phrases when used in this act shall have the meanings given to
     7  them in this subsection unless the context clearly indicates
     8  otherwise:
     9     * * *
    10     "Capital improvements program," a proposed general schedule
    11  of all future projects listed in order of acquisition,
    12  construction or development priority together with cost
    13  estimates and the anticipated means of financing each project.
    14  Included are all major projects requiring the expenditure of
    15  public funds, over and above the annual local government's
    16  operating expenses for the purchase, construction or replacement
    17  of the physical assets of the municipality.
    18     * * *
    19     "Infrastructure," essential services and related structures,
    20  systems, networks, developed facilities or devices, both
    21  immovable and movable, either publicly or privately owned,
    22  operated and maintained, that are provided or available to or
    23  for the benefit of persons within a municipality or the public
    24  generally or for the benefit of the Commonwealth or one or more
    25  of its political subdivisions. These include wastewater and
    26  sewage collection and treatment; potable water supply, treatment
    27  and distribution; transportation of people and goods via road,
    28  rail, air, water, mass transit, bicycle or on foot; storm water
    29  management systems and facilities; fire, police, emergency and
    30  medical services; schools and educational institutions; networks
    20070H1525B2242                  - 2 -     

     1  and facilities for the delivery of energy and
     2  telecommunications; parks and recreation facilities, greenways;
     3  and natural and managed water resource systems, whether natural
     4  or man-made.
     5     * * *
     6     "Public infrastructure service area," a designated growth
     7  area and all or any portion of a future growth area described in
     8  a county, municipal or multimunicipal comprehensive plan where
     9  public infrastructure services will be provided and outside of
    10  which such public infrastructure services will not be required
    11  to be publicly financed.
    12     ["Public infrastructure services," services that are provided
    13  to areas with densities of one or more units to the acre, which
    14  may include sanitary sewers and facilities for the collection
    15  and treatment of sewage, water lines and facilities for the
    16  pumping and treating of water, parks and open space, streets and
    17  sidewalks, public transportation and other services that may be
    18  appropriate within a growth area, but shall exclude fire
    19  protection and emergency medical services and any other service
    20  required to protect the health and safety of residents.]
    21     * * *
    22     "Rural resource area," an area described in a municipal or
    23  multimunicipal plan within which rural resource uses including,
    24  but not limited to, agriculture, timbering, mining, quarrying
    25  and other extractive industries, forest and game lands and
    26  recreation and tourism are encouraged and enhanced, development
    27  that is compatible with or supportive of such uses is permitted
    28  and public infrastructure services are not provided except in
    29  villages[.] and except that public safety and emergency services
    30  may be provided and certain infrastructure, such as parks,
    20070H1525B2242                  - 3 -     

     1  greenways and water resources, may be deemed consistent and
     2  included.
     3     * * *
     4     Section 2.  Sections 301, 301.4(a), 302(a) and 303(c) and (d)
     5  of the act, amended June 22, 2000 (P.L.495, No.68), are amended
     6  to read:
     7     Section 301.  Preparation of Comprehensive Plan--(a)  The
     8  municipal, multimunicipal or county comprehensive plan,
     9  consisting of maps, charts and textual matter, shall include,
    10  but need not be limited to, the following related basic
    11  elements:
    12         (1)  A statement of objectives of the municipality
    13     concerning its future development, including, but not limited
    14     to, the location, character and timing of future development,
    15     that may also serve as a statement of community development
    16     objectives as provided in section 606.
    17         (2)  A plan for land use, which may include provisions
    18     for the amount, intensity, character and timing of land use
    19     proposed for residence, industry, business, agriculture,
    20     major traffic and transit facilities, utilities, community
    21     facilities, public grounds, parks and recreation,
    22     preservation of prime agricultural lands, flood plains and
    23     other areas of special hazards and other similar uses.
    24         (2.1)  A plan to meet the housing needs of present
    25     residents and of those individuals and families anticipated
    26     to reside in the municipality, which may include conservation
    27     of presently sound housing, rehabilitation of housing in
    28     declining neighborhoods and the accommodation of expected new
    29     housing in different dwelling types and at appropriate
    30     densities for households of all income levels.
    20070H1525B2242                  - 4 -     

     1         (3)  A plan for movement of people and goods, which may
     2     include expressways, highways, local street systems, parking
     3     facilities, pedestrian and bikeway systems, trails, public
     4     transit routes, terminals, airfields, port facilities,
     5     railroad facilities and other similar facilities or uses.
     6         (4)  A plan for community facilities and utilities, which
     7     may include schools and institutions for public and private
     8     education, recreation, municipal buildings, fire and police
     9     stations, libraries, hospitals, water supply and
    10     distribution, sewerage and waste treatment, solid waste
    11     management, [storm drainage, and flood plain management],
    12     storm water and flood plain management systems and
    13     facilities, utility corridors and associated facilities,
    14     networks and facilities for the delivery of energy and
    15     telecommunications and other similar facilities or uses.
    16         [(4.1)  A statement of the interrelationships among the
    17     various plan components, which may include an estimate of the
    18     environmental, energy conservation, fiscal, economic
    19     development and social consequences on the municipality.
    20         (4.2)  A discussion of short- and long-range plan
    21     implementation strategies, which may include implications for
    22     capital improvements programming, new or updated development
    23     regulations, and identification of public funds potentially
    24     available.
    25         (5)  A statement indicating that the existing and
    26     proposed development of the municipality is compatible with
    27     the existing and proposed development and plans in contiguous
    28     portions of neighboring municipalities, or a statement
    29     indicating measures which have been taken to provide buffers
    30     or other transitional devices between disparate uses, and a
    20070H1525B2242                  - 5 -     

     1     statement indicating that the existing and proposed
     2     development of the municipality is generally consistent with
     3     the objectives and plans of the county comprehensive plan.]
     4         (6)  A plan for the protection of natural and historic
     5     resources to the extent not preempted by Federal or State
     6     law. This clause includes, but is not limited to, wetlands
     7     and aquifer recharge zones, woodlands, steep slopes, prime
     8     agricultural land, agricultural security areas, flood plains,
     9     unique natural areas and historic [sites.] resources. The
    10     plan may include a scheme for a connected natural resource
    11     system throughout the municipal, multimunicipal or county
    12     planning area that encompasses water resources, woodlands,
    13     parks, greenways, conservation easements and agricultural and
    14     forest lands with conservation values, which, as a connected
    15     system contributes to ecological and community health and
    16     well-being. The plan shall be consistent with and may not
    17     exceed those requirements imposed under the following:
    18             (i)  act of June 22, 1937 (P.L.1987, No.394), known
    19         as "The Clean Streams Law";
    20             (ii)  act of May 31, 1945 (P.L.1198, No.418), known
    21         as the "Surface Mining Conservation and Reclamation Act";
    22             (iii)  act of April 27, 1966 (1st Sp.Sess., P.L.31,
    23         No.1), known as "The Bituminous Mine Subsidence and Land
    24         Conservation Act";
    25             (iv)  act of September 24, 1968 (P.L.1040, No.318),
    26         known as the "Coal Refuse Disposal Control Act";
    27             (v)  act of December 19, 1984 (P.L.1140, No.223),
    28         known as the "Oil and Gas Act";
    29             (vi)  act of December 19, 1984 (P.L.1093, No.219),
    30         known as the "Noncoal Surface Mining Conservation and
    20070H1525B2242                  - 6 -     

     1         Reclamation Act";
     2             (vii)  act of June 30, 1981 (P.L.128, No.43), known
     3         as the "Agricultural Area Security Law"; and
     4             (viii)  act of June 10, 1982 (P.L.454, No.133),
     5         entitled "An act protecting agricultural operations from
     6         nuisance suits and ordinances under certain
     7         circumstances".[; and
     8             (ix)  act of May 20, 1993 (P.L.12, No.6), known as
     9         the "Nutrient Management Act," regardless of whether any
    10         agricultural operation within the area to be affected by
    11         the plan is a concentrated animal operation as defined
    12         under the act.]
    13         (6.1)  A statement of the interrelationships among the
    14     various plan components, including the sewage facilities plan
    15     adopted by the municipality under the act of January 24, 1966
    16     (1965 P.L.1535, No.537), known as the "Pennsylvania Sewage
    17     Facilities Act," and any applicable storm water management
    18     plan adopted by the county or the municipality under the act
    19     of October 4, 1978 (P.L.864, No.167), known as the "Storm
    20     Water Management Act," as such plans may be amended and
    21     revised from time to time, which shall be included as
    22     elements of the comprehensive plan. The statement of
    23     interrelationships may include an estimate of the
    24     environmental, energy conservation, fiscal, economic
    25     development and social consequences for the municipalities
    26     affected by a municipal, multimunicipal or county
    27     comprehensive plan.
    28         (6.2)  Short-term and long-term implementation
    29     strategies, including implementing regulations and a capital
    30     improvements program for the acquisition, construction or
    20070H1525B2242                  - 7 -     

     1     development of the public infrastructure, facilities,
     2     structures, and major equipment identified in the
     3     comprehensive plan, and a list of proposed expenditures on a
     4     six-year basis and identification of public funds potentially
     5     available for such purposes. The capital improvements program
     6     shall be maintained or revised, as necessary, on an annual
     7     basis by the governing body.
     8         (6.3)  A statement indicating that the existing and
     9     proposed development of the municipality is compatible with
    10     the existing and proposed development and plans in contiguous
    11     portions of neighboring municipalities, or a statement
    12     indicating measures which have been taken to provide buffers
    13     or other transitional devices between disparate uses, and a
    14     statement indicating that the existing and proposed
    15     development of the municipality is generally consistent with
    16     the objectives and plans of the county comprehensive plan.
    17         (7)  In addition to any other requirements of this act, a
    18     county comprehensive plan shall:
    19             (i)  Identify land uses as they relate to important
    20         natural resources and appropriate utilization of existing
    21         minerals.
    22             (ii)  Identify current and proposed land uses which
    23         have a regional impact and significance, such as large
    24         shopping centers, major industrial parks, mines and
    25         related activities, office parks, storage facilities,
    26         large residential developments, regional entertainment
    27         and recreational complexes, hospitals, airports and port
    28         facilities.
    29             (iii)  Identify a plan for the preservation and
    30         enhancement of prime agricultural land and encourage the
    20070H1525B2242                  - 8 -     

     1         compatibility of land use regulation with existing
     2         agricultural operations.
     3             (iv)  Identify a plan for historic preservation.
     4     (b)  The comprehensive plan shall include a plan for the
     5  reliable supply of water, considering current and future water
     6  resources availability, uses and limitations, including
     7  provisions adequate to protect water supply sources. Any such
     8  plan shall be generally consistent with the State Water Plan and
     9  any applicable water resources plan adopted by a river basin
    10  commission. It shall also contain a statement recognizing that:
    11         (1)  Lawful activities such as extraction of minerals may
    12     impact water supply sources and such activities are governed
    13     by statutes regulating mineral extraction that specify
    14     replacement and restoration of water supplies affected by
    15     such activities.
    16         (2)  Commercial agriculture production may impact water
    17     supply sources.
    18     (c)  The municipal or multimunicipal comprehensive plan shall
    19  be reviewed at least every ten years. The municipal or
    20  multimunicipal comprehensive plan shall be sent to the governing
    21  bodies of contiguous municipalities for review and comment and
    22  shall also be sent to the Center for Local Government Services
    23  for informational purposes. The municipal or multimunicipal
    24  comprehensive plan shall also be sent to the county planning
    25  commissions or, upon request of a county planning commission, a
    26  regional planning commission when the comprehensive plan is
    27  updated or at ten-year intervals, whichever comes first, for
    28  review and comment on whether the municipal or multimunicipal
    29  comprehensive plan remains generally consistent with the county
    30  comprehensive plan and to indicate where the local plan may
    20070H1525B2242                  - 9 -     

     1  deviate from the county comprehensive plan.
     2     (d)  The municipal, multimunicipal or county comprehensive
     3  plan may identify those areas where growth and development will
     4  occur so that a full range of public infrastructure services,
     5  including sewer, water, highways, police and fire protection,
     6  public schools, parks, open space and other services can be
     7  adequately planned and provided as needed to accommodate growth.
     8     (e)  The municipal, multimunicipal or county comprehensive
     9  plan may incorporate a plan for economic development that
    10  includes prioritization of economic and community development
    11  projects and the integration of such projects with
    12  transportation, infrastructure, and the land use plans.
    13     Section 301.4.  Compliance by Counties.--(a)  [If a county
    14  does not have a comprehensive plan, then that county shall,
    15  within three years of the effective date of this act and with
    16  the opportunity for the review, comment and participation of the
    17  municipalities and school districts within the respective county
    18  and contiguous counties, school districts and municipalities,
    19  prepare and adopt a comprehensive plan in accordance with the
    20  requirements of section 301.] Municipal comprehensive plans
    21  which are adopted shall be generally consistent with the adopted
    22  county comprehensive plan.
    23     * * *
    24     Section 302.  Adoption of Municipal, Multimunicipal and
    25  County Comprehensive Plans and Plan Amendments.--(a)  The
    26  governing body [may] shall adopt and amend the comprehensive
    27  plan as a whole or in part. Before adopting or amending a
    28  comprehensive plan, or any part thereof, the planning agency
    29  shall hold at least one public meeting before forwarding the
    30  proposed comprehensive plan or amendment thereof to the
    20070H1525B2242                 - 10 -     

     1  governing body. In reviewing the proposed comprehensive plan,
     2  the governing body shall consider the comments of the county,
     3  contiguous municipalities and the school district, as well as
     4  the public meeting comments and the recommendations of the
     5  municipal planning agency. The comments of the county,
     6  contiguous municipalities and the local school district shall be
     7  made to the governing body within 45 days of receipt by the
     8  governing body, and the proposed plan or amendment thereto shall
     9  not be acted upon until such comment is received. If, however,
    10  the contiguous municipalities and the local school district fail
    11  to respond within 45 days, the governing body may proceed
    12  without their comments.
    13     * * *
    14     Section 303.  Legal Status of Comprehensive Plan Within the
    15  Jurisdiction that Adopted the Plan.--* * *
    16     (c)  [Notwithstanding any other provision of this act, no
    17  action by the governing body of a municipality shall be invalid
    18  nor shall the same be subject to challenge or appeal on the
    19  basis that such action is inconsistent with, or fails to comply
    20  with, the provision of a comprehensive plan.]
    21         (1)  A formally adopted county, municipal or
    22     multimunicipal comprehensive plan, if one exists, shall be
    23     used as a guide by the governing body of a municipality, its
    24     departments, agencies and appointed authorities in adopting
    25     or amending any land use ordinance or taking any proposed
    26     action that is to be submitted to the planning agency in
    27     accordance with subsection (a).
    28     [(d)]
    29         (2)  Municipal zoning, subdivision and land development
    30     regulations and capital improvement programs shall generally
    20070H1525B2242                 - 11 -     

     1     implement the municipal and multimunicipal comprehensive plan
     2     or, where none exists, the municipal statement of community
     3     development objectives.
     4     Section 3.  The act is amended by adding a section to read:
     5     Section 303.1.  General Consistency.--(a)  In accordance with
     6  this section, a municipal governing body shall make a finding
     7  that a proposed ordinance is generally consistent with the
     8  comprehensive plan. A finding of general consistency shall be
     9  considered and made concurrently with and as part of the
    10  ordinance enactment process prescribed in this act and as
    11  further prescribed in this section.
    12     (b)  The issue of the general consistency of a proposed
    13  ordinance with the comprehensive plan shall be considered at the
    14  public hearing required to be held prior to a municipal
    15  governing body voting to approve the ordinance.
    16     (c)  The public notice of the public hearing shall include a
    17  statement that any person, including a representative of the
    18  municipal or county planning agency, may provide written
    19  comments prior to the hearing or may request to present
    20  testimony at the hearing on the question of whether a proposed
    21  ordinance is generally consistent with the comprehensive plan.
    22     (d)  After receiving comments and testimony pursuant to
    23  subsection (c), and prior to voting on the proposed ordinance,
    24  the governing body shall find that general consistency exists if
    25  it determines that the proposed ordinance promotes, rather than
    26  conflicts with the goals, objectives, policies and strategies
    27  set forth in the comprehensive plan. In order to be found
    28  generally consistent with a comprehensive plan, an ordinance
    29  need not accomplish all of the goals, objectives, policies and
    30  strategies set forth in the comprehensive plan.
    20070H1525B2242                 - 12 -     

     1     (e)  The finding made pursuant to this section shall be
     2  evidenced by a resolution of the governing body, but it need not
     3  contain detailed findings of fact and may be in the form of a
     4  conclusion.
     5     (f)  An ordinance adopted after a finding of general
     6  consistency as provided in this section shall not be invalid nor
     7  shall the same be subject to challenge or appeal on the basis
     8  that the ordinance is inconsistent with, or fails to comply
     9  with, the comprehensive plan.
    10     (g)  Applicants for any permit, approval or variance
    11  authorized by an ordinance duly enacted by the municipal
    12  governing body shall be entitled to rely on the land use
    13  ordinance in effect at the time of their application.
    14     (h)  A permit, approval or variance issued or granted
    15  pursuant to a duly adopted land use ordinance, or the issuance,
    16  approval or denial of any of the following may not be challenged
    17  on the basis that it is inconsistent with, or fails to comply
    18  with, a comprehensive plan:
    19         (1)  A zoning permit, variance, special exception or
    20     conditional use.
    21         (2)  A preliminary or final subdivision or land
    22     development plan, development plan or program for a planned
    23     residential development.
    24         (3)  A demolition or building permit, certificate-of-
    25     occupancy or other approval or permit required for
    26     construction, land development, subdivision or occupancy.
    27     (i)  A finding of general consistency in accordance with this
    28  section shall satisfy all requirements of this act concerning an
    29  ordinance's implementation of, or general consistency with, the
    30  comprehensive plan.
    20070H1525B2242                 - 13 -     

     1     (j)  Nothing in this act shall prevent either of the
     2  following:
     3         (1)  The concurrent amendment of a zoning ordinance with
     4     a comprehensive plan in accordance with section 603(j) in
     5     order to maintain general consistency of the ordinance with
     6     the comprehensive plan.
     7         (2)  The implementation of a multimunicipal comprehensive
     8     plan by participating municipalities through one or more
     9     cooperative implementation agreements, not inconsistent with
    10     this section, for the purpose of achieving general
    11     consistency in accordance with section 1104.
    12     (k)  The following words and phrases when used in this
    13  section shall have the meanings given to them in this subsection
    14  unless the context clearly indicates otherwise:
    15     "Comprehensive plan," a formally adopted municipal or
    16  multimunicipal comprehensive plan adopted pursuant to this act.
    17     "Ordinance," a land use ordinance or an amendment of a land
    18  use ordinance adopted pursuant to this act.
    19     Section 4.  Section 503-A(d) of the act, added December 19,
    20  1990 (P.L.1343, No.209), is amended to read:
    21     Section 503-A.  Grant of Power.--* * *
    22     (d)  Impact fees may be used for those costs incurred for
    23  improvements designated in the transportation capital
    24  improvement program which are attributable to new development,
    25  including the acquisition of land and rights-of-way;
    26  engineering, legal and planning costs; and all other costs which
    27  are directly related to road improvements within the service
    28  area or areas, including debt service. Impact fees shall not be
    29  imposed or used for costs associated with any of the following:
    30         (1)  Construction, acquisition or expansion of municipal
    20070H1525B2242                 - 14 -     

     1     facilities other than capital improvements identified in the
     2     transportation capital improvements plan required by this
     3     act.
     4         (2)  Repair, operation or maintenance of existing or new
     5     capital improvements.
     6         (3)  Upgrading, updating, expanding or replacing existing
     7     capital improvements to serve existing developments in order
     8     to meet stricter safety, efficiency, environmental or
     9     regulatory standards not attributable to new development.
    10         (4)  Upgrading, updating, expanding or replacing existing
    11     capital improvements to remedy deficiencies in service to
    12     existing development or fund deficiencies in existing
    13     municipal capital improvements resulting from a lack of
    14     adequate municipal funding over the years for maintenance or
    15     capital construction costs.
    16         (5)  Preparing and developing the land use assumptions,
    17     roadway sufficiency analysis and transportation capital
    18     improvement plan, except that impact fees may be used for no
    19     more than a proportionate amount of the cost of professional
    20     consultants incurred in preparing a roadway sufficiency
    21     analysis [of infrastructure within] for a specified
    22     transportation service area, such allowable proportion to be
    23     calculated by dividing the total costs of all road
    24     improvements in the adopted transportation capital
    25     improvement program within the transportation service area
    26     attributable to projected future development within the
    27     service area, as defined in section 504-A(e)(1)(iii), by the
    28     total costs of all road improvements in the adopted
    29     transportation capital improvement program within the
    30     specific transportation service area, as defined in section
    20070H1525B2242                 - 15 -     

     1     504-A.
     2     * * *
     3     Section 5.  Sections 504-A(d)(1) and 1103(a) of the act,
     4  amended June 22, 2000 (P.L.495, No.68), are amended to read:
     5     Section 504-A.  Transportation Capital Improvements Plans.--*
     6  * *
     7     (d)  (1)  Upon adoption of the land use assumptions by the
     8     municipality, the advisory committee shall prepare, or cause
     9     to be prepared, a roadway sufficiency analysis which shall
    10     establish the existing level of [infrastructure] sufficiency
    11     and preferred levels of service within any designated area or
    12     areas of the municipality as described by the resolution
    13     adopted pursuant to the creation of the advisory committee.
    14     The roadway sufficiency analysis shall be prepared for any
    15     highway, road or street within the designated area or areas
    16     on which the need for road improvements attributable to
    17     projected future new development is anticipated. The
    18     municipality shall commission a traffic or transportation
    19     engineer or planner to assist the advisory committee in the
    20     preparation of the roadway sufficiency analysis.
    21     Municipalities may jointly commission such engineer or
    22     planner to assist in the preparation of multiple municipality
    23     roadway sufficiency analyses. In preparing the roadway
    24     sufficiency analysis report, the engineer may consider and
    25     refer to previously produced professional studies and reports
    26     relevant to the production of the roadway sufficiency
    27     analysis as required by this section. It shall be deemed that
    28     the roads, streets and highways not on the roadway
    29     sufficiency analysis report are not impacted by future
    30     development. The roadway sufficiency analysis shall include
    20070H1525B2242                 - 16 -     

     1     the following components:
     2             (i)  The establishment of existing volumes of traffic
     3         and existing levels of service.
     4             (ii)  The identification of a preferred level of
     5         service established pursuant to the following:
     6                 (A)  The level of service shall be one of the
     7             categories of road service as defined by the
     8             Transportation Research Board of the National Academy
     9             of Sciences or the Institute of Transportation
    10             Engineers. The municipality may choose to select a
    11             level of service on a transportation service area
    12             basis as the preferred level of service. The
    13             preferred levels of service shall be designated by
    14             the governing body of the municipality following
    15             determination of the existing level of service as
    16             established by the roadway sufficiency analysis. If
    17             the preferred level of service is designated as
    18             greater than the existing level of service, the
    19             municipality shall be required to identify road
    20             improvements needed to correct the existing
    21             deficiencies.
    22                 (B)  Following adoption of the preferred level of
    23             service, such level of service may be waived for a
    24             particular road segment or intersection if the
    25             municipality finds that one or more of the following
    26             effectively precludes provision of road improvements
    27             necessary to meet the level of service: geometric
    28             design limitations, topographic limitations or the
    29             unavailability of necessary right-of-way.
    30             (iii)  The identification of existing deficiencies
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     1         which need to be remedied to accommodate existing traffic
     2         at the preferred level of service.
     3             (iv)  The specification of the required road
     4         improvements needed to bring the existing level of
     5         service to the preferred level of service.
     6             (v)  A projection of anticipated traffic volumes,
     7         with a separate determination of pass-through trips, for
     8         a period of not less than five years from the date of the
     9         preparation of the roadway sufficiency analysis based
    10         upon the land use assumptions adopted under this section.
    11             (vi)  The identification of forecasted deficiencies
    12         which will be created by "pass-through" trips.
    13         * * *
    14     Section 1103.  County or Multimunicipal Comprehensive
    15  Plans.--(a)  The comprehensive plan that is the subject of an
    16  agreement may be developed by the municipalities or, at the
    17  request of the municipalities, by the county planning agency, or
    18  agencies in the case of a plan covering municipalities in more
    19  than one county, in cooperation with municipalities within the
    20  area and shall include all the elements required or authorized
    21  in section 301 for the region of the plan, including a plan to
    22  meet the housing needs of present residents and those
    23  individuals and families anticipated to reside in the area of
    24  the plan, which may include conservation of presently sound
    25  housing, rehabilitation of housing in declining neighborhoods
    26  and the accommodations of expected new housing in different
    27  dwelling types and of appropriate densities for households of
    28  all income levels. The plan may:
    29         (1)  Designate growth areas where:
    30             (i)  Orderly and efficient development to accommodate
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     1         the projected growth of the area within the next 20 years
     2         is planned for residential and mixed use densities of one
     3         unit or more per acre.
     4             (ii)  Commercial, industrial and institutional uses
     5         to provide for the economic and employment needs of the
     6         area and to insure that the area has an adequate tax base
     7         are planned for.
     8             (iii)  [Services] Infrastructure to serve such
     9         development [are] is provided or planned for.
    10         (2)  Designate potential future growth areas where future
    11     development is planned for densities to accompany the orderly
    12     extension and provision of [services] infrastructure.
    13         (3)  Designate rural resource areas, if applicable,
    14     where:
    15             (i)  Rural resource uses are planned for.
    16             (ii)  Development at densities that are compatible
    17         with rural resource uses are or may be permitted.
    18             (iii)  Infrastructure extensions or improvements are
    19         not intended to be publicly financed by municipalities,
    20         except in villages, unless the participating or affected
    21         municipalities agree that such [service] infrastructure
    22         should be provided to an area for health or safety
    23         reasons to support or be consistent with rural resources
    24         or to accomplish one or more of the purposes set forth in
    25         section 1101.
    26         (4)  Plan for the accommodation of all categories of uses
    27     within the area of the plan, provided, however, that all uses
    28     need not be provided in every municipality but shall be
    29     planned and provided for within a reasonable geographic area
    30     of the plan.
    20070H1525B2242                 - 19 -     

     1         (5)  Plan for developments of areawide significance and
     2     impact, particularly those identified in section 301(3) and
     3     (4).
     4         (6)  Plan for the conservation and enhancement of the
     5     natural, scenic, historic and aesthetic resources within the
     6     area of the plan.
     7     * * *
     8     Section 6.  This act shall take effect in 60 days.















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