PRIOR PRINTER'S NO. 2242 PRINTER'S NO. 2872
No. 1525 Session of 2007
INTRODUCED BY STEIL, FREEMAN, THOMAS, BOYD, CURRY, FABRIZIO,
GINGRICH, GRUCELA, HENNESSEY, MARSHALL, R. MILLER, SWANGER,
YOUNGBLOOD, BRENNAN AND SIPTROTH, JULY 6, 2007
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 20, 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
1 section 107(a) of the act of July 31, 1968 (P.L.805, No.247),
2 known as the Pennsylvania Municipalities Planning Code,
3 reenacted and amended December 21, 1988 (P.L.1329, No.170) and
4 added June 22, 2000 (P.L.483, No.67), are amended and the
5 subsection is amended by adding definitions to read:
6 Section 107. Definitions.--(a) The following words and
7 phrases when used in this act shall have the meanings given to
8 them in this subsection unless the context clearly indicates
9 otherwise:
10 * * *
11 "Capital improvements program," a proposed general schedule
12 of all future projects listed in order of acquisition,
13 construction or development priority together with cost
14 estimates and the anticipated means of financing each project.
15 Included are all major projects requiring the expenditure of
16 public funds, over and above the annual local government's
17 operating expenses for the purchase, construction or replacement
18 of the physical assets of the municipality.
19 * * *
20 "Infrastructure," essential services and related structures,
21 systems, networks, developed facilities or devices, both
22 immovable and movable, either publicly or privately owned,
23 operated and maintained, that are provided or available to or
24 for the benefit of persons within a municipality or the public
25 generally or for the benefit of the Commonwealth or one or more
26 of its political subdivisions. These include wastewater and
27 sewage collection and treatment; potable water supply, treatment
28 and distribution; transportation of people and goods via road,
29 rail, air, water, mass transit, bicycle or on foot; storm water
30 management systems and facilities; fire, police, emergency and
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1 medical services; schools and educational institutions; networks
2 and facilities for the delivery of energy and
3 telecommunications; parks and recreation facilities, greenways;
4 and natural and managed water resource systems, whether natural
5 or man-made.
6 * * *
7 "Public infrastructure service area," a designated growth
8 area and all or any portion of a future growth area described in
9 a county, municipal or multimunicipal comprehensive plan where
10 public infrastructure services will be provided and outside of
11 which such public infrastructure services will not be required
12 to be publicly financed.
13 ["Public infrastructure services," services that are provided
14 to areas with densities of one or more units to the acre, which
15 may include sanitary sewers and facilities for the collection
16 and treatment of sewage, water lines and facilities for the
17 pumping and treating of water, parks and open space, streets and
18 sidewalks, public transportation and other services that may be
19 appropriate within a growth area, but shall exclude fire
20 protection and emergency medical services and any other service
21 required to protect the health and safety of residents.]
22 * * *
23 "Rural resource area," an area described in a municipal or
24 multimunicipal plan within which rural resource uses including,
25 but not limited to, agriculture, timbering, mining, quarrying
26 and other extractive industries, forest and game lands and
27 recreation and tourism are encouraged and enhanced, development
28 that is compatible with or supportive of such uses is permitted
29 and public infrastructure services are not provided except in
30 villages[.] and except that public safety and emergency services
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1 may be provided and certain infrastructure, such as parks,
2 greenways and water resources, may be deemed consistent and
3 included.
4 * * *
5 Section 2. Sections 301, 301.4(a), 302(a) and 303(c) and (d)
6 of the act, amended June 22, 2000 (P.L.495, No.68), are amended
7 to read:
8 Section 301. Preparation of Comprehensive Plan--(a) The
9 municipal, multimunicipal or county comprehensive plan,
10 consisting of maps, charts and textual matter, shall include,
11 but need not be limited to, the following related basic
12 elements:
13 (1) A statement of objectives of the municipality
14 concerning its future development, including, but not limited
15 to, the location, character and timing of future development,
16 that may also serve as a statement of community development
17 objectives as provided in section 606.
18 (2) A plan for land use, which may include provisions
19 for the amount, intensity, character and timing of land use
20 proposed for residence, industry, business, agriculture,
21 major traffic and transit facilities, utilities, community
22 facilities, public grounds, parks and recreation,
23 preservation of prime agricultural lands, flood plains and
24 other areas of special hazards and other similar uses.
25 (2.1) A plan to meet the housing needs of present
26 residents and of those individuals and families anticipated
27 to reside in the municipality, which may include conservation
28 of presently sound housing, rehabilitation of housing in
29 declining neighborhoods and the accommodation of expected new
30 housing in different dwelling types and at appropriate
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1 densities for households of all income levels.
2 (3) A plan for movement of people and goods, which may
3 include expressways, highways, local street systems, parking
4 facilities, pedestrian and bikeway systems, trails, public
5 transit routes, terminals, airfields, port facilities,
6 railroad facilities and other similar facilities or uses.
7 (4) A plan for community facilities and utilities, which
8 may include schools and institutions for public and private
9 education, recreation, municipal buildings, fire and police
10 stations, libraries, hospitals, water supply and
11 distribution, sewerage and waste treatment, solid waste
12 management, [storm drainage, and flood plain management],
13 storm water and flood plain management systems and
14 facilities, utility corridors and associated facilities,
15 networks and facilities for the delivery of energy and
16 telecommunications and other similar facilities or uses.
17 [(4.1) A statement of the interrelationships among the
18 various plan components, which may include an estimate of the
19 environmental, energy conservation, fiscal, economic
20 development and social consequences on the municipality.
21 (4.2) A discussion of short- and long-range plan
22 implementation strategies, which may include implications for
23 capital improvements programming, new or updated development
24 regulations, and identification of public funds potentially
25 available.
26 (5) A statement indicating that the existing and
27 proposed development of the municipality is compatible with
28 the existing and proposed development and plans in contiguous
29 portions of neighboring municipalities, or a statement
30 indicating measures which have been taken to provide buffers
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1 or other transitional devices between disparate uses, and a
2 statement indicating that the existing and proposed
3 development of the municipality is generally consistent with
4 the objectives and plans of the county comprehensive plan.]
5 (6) A plan for the protection of natural and historic
6 resources to the extent not preempted by Federal or State
7 law. This clause includes, but is not limited to, wetlands
8 and aquifer recharge zones, woodlands, steep slopes, prime
9 agricultural land, agricultural security areas, flood plains,
10 unique natural areas and historic [sites.] resources. The
11 plan may include a scheme for a connected natural resource
12 system throughout the municipal, multimunicipal or county
13 planning area that encompasses water resources, woodlands,
14 parks, greenways, conservation easements and agricultural and
15 forest lands with conservation values, which, as a connected
16 system contributes to ecological and community health and
17 well-being. The plan shall be consistent with and may not
18 exceed those requirements imposed under the following:
19 (i) act of June 22, 1937 (P.L.1987, No.394), known
20 as "The Clean Streams Law";
21 (ii) act of May 31, 1945 (P.L.1198, No.418), known
22 as the "Surface Mining Conservation and Reclamation Act";
23 (iii) act of April 27, 1966 (1st Sp.Sess., P.L.31,
24 No.1), known as "The Bituminous Mine Subsidence and Land
25 Conservation Act";
26 (iv) act of September 24, 1968 (P.L.1040, No.318),
27 known as the "Coal Refuse Disposal Control Act";
28 (v) act of December 19, 1984 (P.L.1140, No.223),
29 known as the "Oil and Gas Act";
30 (vi) act of December 19, 1984 (P.L.1093, No.219),
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1 known as the "Noncoal Surface Mining Conservation and
2 Reclamation Act";
3 (vii) act of June 30, 1981 (P.L.128, No.43), known
4 as the "Agricultural Area Security Law"; and
5 (viii) act of June 10, 1982 (P.L.454, No.133),
6 entitled "An act protecting agricultural operations from
7 nuisance suits and ordinances under certain
8 circumstances".[; and
9 (ix) act of May 20, 1993 (P.L.12, No.6), known as
10 the "Nutrient Management Act," regardless of whether any
11 agricultural operation within the area to be affected by
12 the plan is a concentrated animal operation as defined
13 under the act.]
14 (6.1) A statement of the interrelationships among the
15 various plan components, including the sewage facilities plan
16 adopted by the municipality under the act of January 24, 1966
17 (1965 P.L.1535, No.537), known as the "Pennsylvania Sewage
18 Facilities Act," and any applicable storm water management
19 plan adopted by the county or the municipality under the act
20 of October 4, 1978 (P.L.864, No.167), known as the "Storm
21 Water Management Act," as such plans may be amended and
22 revised from time to time, which shall be included as
23 elements of the comprehensive plan. The statement of
24 interrelationships may include an estimate of the
25 environmental, energy conservation, fiscal, economic
26 development and social consequences for the municipalities
27 affected by a municipal, multimunicipal or county
28 comprehensive plan.
29 (6.2) Short-term and long-term implementation
30 strategies, including implementing regulations and a capital
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1 improvements program for the acquisition, construction or
2 development of the public infrastructure, facilities,
3 structures, and major equipment identified in the
4 comprehensive plan, and a list of proposed expenditures on a
5 six-year basis and identification of public funds potentially
6 available for such purposes. The capital improvements program
7 shall be maintained or revised, as necessary, on an annual
8 basis by the governing body.
9 (6.3) A statement indicating that the existing and
10 proposed development of the municipality is compatible with
11 the existing and proposed development and plans in contiguous
12 portions of neighboring municipalities, or a statement
13 indicating measures which have been taken to provide buffers
14 or other transitional devices between disparate uses, and a
15 statement indicating that the existing and proposed
16 development of the municipality is generally consistent with
17 the objectives and plans of the county comprehensive plan.
18 (7) In addition to any other requirements of this act, a
19 county comprehensive plan shall:
20 (i) Identify land uses as they relate to important
21 natural resources and appropriate utilization of existing
22 minerals.
23 (ii) Identify current and proposed land uses which
24 have a regional impact and significance, such as large
25 shopping centers, major industrial parks, mines and
26 related activities, office parks, storage facilities,
27 large residential developments, regional entertainment
28 and recreational complexes, hospitals, airports and port
29 facilities.
30 (iii) Identify a plan for the preservation and
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1 enhancement of prime agricultural land and encourage the
2 compatibility of land use regulation with existing
3 agricultural operations.
4 (iv) Identify a plan for historic preservation.
5 (b) The comprehensive plan shall include a plan for the
6 reliable supply of water, considering current and future water
7 resources availability, uses and limitations, including
8 provisions adequate to protect water supply sources. Any such
9 plan shall be generally consistent with the State Water Plan and
10 any applicable water resources plan adopted by a river basin
11 commission. It shall also contain a statement recognizing that:
12 (1) Lawful activities such as extraction of minerals may
13 impact water supply sources and such activities are governed
14 by statutes regulating mineral extraction that specify
15 replacement and restoration of water supplies affected by
16 such activities.
17 (2) Commercial agriculture production may impact water
18 supply sources.
19 (c) The municipal or multimunicipal comprehensive plan shall
20 be reviewed at least every ten years. The municipal or
21 multimunicipal comprehensive plan shall be sent to the governing
22 bodies of contiguous municipalities for review and comment and
23 shall also be sent to the Center for Local Government Services
24 for informational purposes. The municipal or multimunicipal
25 comprehensive plan shall also be sent to the county planning
26 commissions or, upon request of a county planning commission, a
27 regional planning commission when the comprehensive plan is
28 updated or at ten-year intervals, whichever comes first, for
29 review and comment on whether the municipal or multimunicipal
30 comprehensive plan remains generally consistent with the county
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1 comprehensive plan and to indicate where the local plan may
2 deviate from the county comprehensive plan.
3 (d) The municipal, multimunicipal or county comprehensive
4 plan may identify those areas where growth and development will
5 occur so that a full range of public infrastructure services,
6 including sewer, water, highways, police and fire protection,
7 public schools, parks, open space and other services can be
8 adequately planned and provided as needed to accommodate growth.
9 (e) The municipal, multimunicipal or county comprehensive
10 plan may incorporate a plan for economic development that
11 includes prioritization of economic and community development
12 projects and the integration of such projects with
13 transportation, infrastructure, and the land use plans.
14 Section 301.4. Compliance by Counties.--(a) [If a county <--
15 does not have a comprehensive plan, then that county shall,
16 within three years of the effective date of this act and with
17 the opportunity for the review, comment and participation of the
18 municipalities and school districts within the respective county
19 and contiguous counties, school districts and municipalities,
20 prepare and adopt a comprehensive plan in accordance with the
21 requirements of section 301.] Municipal [MUNICIPAL comprehensive <--
22 plans which are adopted shall be generally consistent with the
23 adopted county comprehensive plan.] <--
24 * * *
25 Section 302. Adoption of Municipal, Multimunicipal and
26 County Comprehensive Plans and Plan Amendments.--(a) The
27 governing body [may] shall adopt and amend the comprehensive
28 plan as a whole or in part. Before adopting or amending a
29 comprehensive plan, or any part thereof, the planning agency
30 shall hold at least one public meeting before forwarding the
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1 proposed comprehensive plan or amendment thereof to the
2 governing body. In reviewing the proposed comprehensive plan,
3 the governing body shall consider the comments of the county,
4 contiguous municipalities and the school district, as well as
5 the public meeting comments and the recommendations of the
6 municipal planning agency. The comments of the county,
7 contiguous municipalities and the local school district shall be
8 made to the governing body within 45 days of receipt by the
9 governing body, and the proposed plan or amendment thereto shall
10 not be acted upon until such comment is received. If, however,
11 the contiguous municipalities and the local school district fail
12 to respond within 45 days, the governing body may proceed
13 without their comments. MUNICIPAL COMPREHENSIVE PLANS WHICH ARE <--
14 ADOPTED SHALL BE GENERALLY CONSISTENT WITH THE ADOPTED COUNTY
15 COMPREHENSIVE PLAN.
16 * * *
17 Section 303. Legal Status of Comprehensive Plan Within the
18 Jurisdiction that Adopted the Plan.--* * *
19 (c) [Notwithstanding any other provision of this act, no
20 action by the governing body of a municipality shall be invalid
21 nor shall the same be subject to challenge or appeal on the
22 basis that such action is inconsistent with, or fails to comply
23 with, the provision of a comprehensive plan.]
24 (1) A formally adopted county, municipal or
25 multimunicipal comprehensive plan, if one exists, shall be
26 used as a guide by the governing body of a municipality, its
27 departments, agencies and appointed authorities in adopting
28 or amending any land use ordinance or taking any proposed
29 action that is to be submitted to the planning agency in
30 accordance with subsection (a).
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1 [(d)]
2 (2) Municipal zoning, subdivision and land development
3 regulations and capital improvement programs shall generally
4 implement the municipal and multimunicipal comprehensive plan
5 or, where none exists, the municipal statement of community
6 development objectives.
7 Section 3. The act is amended by adding a section to read:
8 Section 303.1. General Consistency.--(a) In accordance with
9 this section, a municipal governing body shall make a finding
10 that a proposed ordinance is generally consistent with the
11 comprehensive plan. A finding of general consistency shall be
12 considered and made concurrently with and as part of the
13 ordinance enactment process prescribed in this act and as
14 further prescribed in this section.
15 (b) The issue of the general consistency of a proposed
16 ordinance with the comprehensive plan shall be considered at the
17 public hearing required to be held prior to a municipal
18 governing body voting to approve the ordinance.
19 (c) The public notice of the public hearing shall include a
20 statement that any person, including a representative of the
21 municipal or county planning agency, may provide written
22 comments prior to the hearing or may request to present
23 testimony at the hearing on the question of whether a proposed
24 ordinance is generally consistent with the comprehensive plan.
25 (d) After receiving comments and testimony pursuant to
26 subsection (c), and prior to voting on the proposed ordinance,
27 the governing body shall find that general consistency exists if
28 it determines that the proposed ordinance promotes, rather than
29 conflicts with the goals, objectives, policies and strategies
30 set forth in the comprehensive plan. In order to be found
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1 generally consistent with a comprehensive plan, an ordinance
2 need not accomplish all of the goals, objectives, policies and
3 strategies set forth in the comprehensive plan.
4 (e) The finding made pursuant to this section shall be
5 evidenced by a resolution of the governing body, but it need not
6 contain detailed findings of fact and may be in the form of a
7 conclusion.
8 (f) An ordinance adopted after a finding of general
9 consistency as provided in this section shall not be invalid nor
10 shall the same be subject to challenge or appeal on the basis
11 that the ordinance is inconsistent with, or fails to comply
12 with, the comprehensive plan.
13 (g) Applicants for any permit, approval or variance
14 authorized by an ordinance duly enacted by the municipal
15 governing body shall be entitled to rely on the land use
16 ordinance in effect at the time of their application.
17 (h) A permit, approval or variance issued or granted
18 pursuant to a duly adopted land use ordinance, or the issuance,
19 approval or denial of any of the following may not be challenged
20 on the basis that it is inconsistent with, or fails to comply
21 with, a comprehensive plan:
22 (1) A zoning permit, variance, special exception or
23 conditional use.
24 (2) A preliminary or final subdivision or land
25 development plan, development plan or program for a planned
26 residential development.
27 (3) A demolition or building permit, certificate-of-
28 occupancy or other approval or permit required for
29 construction, land development, subdivision or occupancy.
30 (i) A finding of general consistency in accordance with this
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1 section shall satisfy all requirements of this act concerning an
2 ordinance's implementation of, or general consistency with, the
3 comprehensive plan.
4 (j) Nothing in this act shall prevent either of the
5 following:
6 (1) The concurrent amendment of a zoning ordinance with
7 a comprehensive plan in accordance with section 603(j) in
8 order to maintain general consistency of the ordinance with
9 the comprehensive plan.
10 (2) The implementation of a multimunicipal comprehensive
11 plan by participating municipalities through one or more
12 cooperative implementation agreements, not inconsistent with
13 this section, for the purpose of achieving general
14 consistency in accordance with section 1104.
15 (k) The following words and phrases when used in this
16 section shall have the meanings given to them in this subsection
17 unless the context clearly indicates otherwise:
18 "Comprehensive plan," a formally adopted municipal or
19 multimunicipal comprehensive plan adopted pursuant to this act.
20 "Ordinance," a land use ordinance or an amendment of a land
21 use ordinance adopted pursuant to this act.
22 Section 4. Section 503-A(d) of the act, added December 19,
23 1990 (P.L.1343, No.209), is amended to read:
24 Section 503-A. Grant of Power.--* * *
25 (d) Impact fees may be used for those costs incurred for
26 improvements designated in the transportation capital
27 improvement program which are attributable to new development,
28 including the acquisition of land and rights-of-way;
29 engineering, legal and planning costs; and all other costs which
30 are directly related to road improvements within the service
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1 area or areas, including debt service. Impact fees shall not be
2 imposed or used for costs associated with any of the following:
3 (1) Construction, acquisition or expansion of municipal
4 facilities other than capital improvements identified in the
5 transportation capital improvements plan required by this
6 act.
7 (2) Repair, operation or maintenance of existing or new
8 capital improvements.
9 (3) Upgrading, updating, expanding or replacing existing
10 capital improvements to serve existing developments in order
11 to meet stricter safety, efficiency, environmental or
12 regulatory standards not attributable to new development.
13 (4) Upgrading, updating, expanding or replacing existing
14 capital improvements to remedy deficiencies in service to
15 existing development or fund deficiencies in existing
16 municipal capital improvements resulting from a lack of
17 adequate municipal funding over the years for maintenance or
18 capital construction costs.
19 (5) Preparing and developing the land use assumptions,
20 roadway sufficiency analysis and transportation capital
21 improvement plan, except that impact fees may be used for no
22 more than a proportionate amount of the cost of professional
23 consultants incurred in preparing a roadway sufficiency
24 analysis [of infrastructure within] for a specified
25 transportation service area, such allowable proportion to be
26 calculated by dividing the total costs of all road
27 improvements in the adopted transportation capital
28 improvement program within the transportation service area
29 attributable to projected future development within the
30 service area, as defined in section 504-A(e)(1)(iii), by the
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1 total costs of all road improvements in the adopted
2 transportation capital improvement program within the
3 specific transportation service area, as defined in section
4 504-A.
5 * * *
6 Section 5. Sections 504-A(d)(1) and 1103(a) SECTION 504- <--
7 A(D)(1) of the act, amended June 22, 2000 (P.L.495, No.68), are <--
8 IS amended to read: <--
9 Section 504-A. Transportation Capital Improvements Plans.--*
10 * *
11 (d) (1) Upon adoption of the land use assumptions by the
12 municipality, the advisory committee shall prepare, or cause
13 to be prepared, a roadway sufficiency analysis which shall
14 establish the existing level of [infrastructure] sufficiency
15 and preferred levels of service within any designated area or
16 areas of the municipality as described by the resolution
17 adopted pursuant to the creation of the advisory committee.
18 The roadway sufficiency analysis shall be prepared for any
19 highway, road or street within the designated area or areas
20 on which the need for road improvements attributable to
21 projected future new development is anticipated. The
22 municipality shall commission a traffic or transportation
23 engineer or planner to assist the advisory committee in the
24 preparation of the roadway sufficiency analysis.
25 Municipalities may jointly commission such engineer or
26 planner to assist in the preparation of multiple municipality
27 roadway sufficiency analyses. In preparing the roadway
28 sufficiency analysis report, the engineer may consider and
29 refer to previously produced professional studies and reports
30 relevant to the production of the roadway sufficiency
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1 analysis as required by this section. It shall be deemed that
2 the roads, streets and highways not on the roadway
3 sufficiency analysis report are not impacted by future
4 development. The roadway sufficiency analysis shall include
5 the following components:
6 (i) The establishment of existing volumes of traffic
7 and existing levels of service.
8 (ii) The identification of a preferred level of
9 service established pursuant to the following:
10 (A) The level of service shall be one of the
11 categories of road service as defined by the
12 Transportation Research Board of the National Academy
13 of Sciences or the Institute of Transportation
14 Engineers. The municipality may choose to select a
15 level of service on a transportation service area
16 basis as the preferred level of service. The
17 preferred levels of service shall be designated by
18 the governing body of the municipality following
19 determination of the existing level of service as
20 established by the roadway sufficiency analysis. If
21 the preferred level of service is designated as
22 greater than the existing level of service, the
23 municipality shall be required to identify road
24 improvements needed to correct the existing
25 deficiencies.
26 (B) Following adoption of the preferred level of
27 service, such level of service may be waived for a
28 particular road segment or intersection if the
29 municipality finds that one or more of the following
30 effectively precludes provision of road improvements
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1 necessary to meet the level of service: geometric
2 design limitations, topographic limitations or the
3 unavailability of necessary right-of-way.
4 (iii) The identification of existing deficiencies
5 which need to be remedied to accommodate existing traffic
6 at the preferred level of service.
7 (iv) The specification of the required road
8 improvements needed to bring the existing level of
9 service to the preferred level of service.
10 (v) A projection of anticipated traffic volumes,
11 with a separate determination of pass-through trips, for
12 a period of not less than five years from the date of the
13 preparation of the roadway sufficiency analysis based
14 upon the land use assumptions adopted under this section.
15 (vi) The identification of forecasted deficiencies
16 which will be created by "pass-through" trips.
17 * * *
18 SECTION 6. SECTION 1103 OF THE ACT, AMENDED JUNE 22, 2000 <--
19 (P.L.483, NO.67), IS AMENDED TO READ:
20 Section 1103. County or Multimunicipal Comprehensive
21 Plans.--(a) The comprehensive plan that is the subject of an
22 agreement may be developed by the municipalities or, at the
23 request of the municipalities, by the county planning agency, or
24 agencies in the case of a plan covering municipalities in more
25 than one county, in cooperation with municipalities within the
26 area and shall include all the elements required or authorized
27 in section 301 for the region of the plan, including a plan to
28 meet the housing needs of present residents and those
29 individuals and families anticipated to reside in the area of
30 the plan, which may include conservation of presently sound
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1 housing, rehabilitation of housing in declining neighborhoods
2 and the accommodations of expected new housing in different
3 dwelling types and of appropriate densities for households of
4 all income levels. The plan may:
5 (1) Designate growth areas where:
6 (i) Orderly and efficient development to accommodate
7 the projected growth of the area within the next 20 years
8 is planned for residential and mixed use densities of one
9 unit or more per acre.
10 (ii) Commercial, industrial and institutional uses
11 to provide for the economic and employment needs of the
12 area and to insure that the area has an adequate tax base
13 are planned for.
14 (iii) [Services] Infrastructure to serve such
15 development [are] is provided or planned for.
16 (2) Designate potential future growth areas where future
17 development is planned for densities to accompany the orderly
18 extension and provision of [services] infrastructure.
19 (3) Designate rural resource areas, if applicable,
20 where:
21 (i) Rural resource uses are planned for.
22 (ii) Development at densities that are compatible
23 with rural resource uses are or may be permitted.
24 (iii) Infrastructure extensions or improvements are
25 not intended to be publicly financed by municipalities,
26 except in villages, unless the participating or affected
27 municipalities agree that such [service] infrastructure
28 should be provided to an area for health or safety
29 reasons to support or be consistent with rural resources
30 or to accomplish one or more of the purposes set forth in
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1 section 1101.
2 (4) Plan for the accommodation of all categories of uses
3 within the area of the plan, provided, however, that all uses
4 need not be provided in every municipality but shall be
5 planned and provided for within a reasonable geographic area
6 of the plan.
7 (5) Plan for developments of areawide significance and
8 impact, particularly those identified in section 301(3) and
9 (4).
10 (6) Plan for the conservation and enhancement of the
11 natural, scenic, historic and aesthetic resources within the
12 area of the plan.
13 * * *
14 Section 6 7. This act shall take effect in 60 days. <--
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