AN ACT

 

1Amending the act of July 31, 1968 (P.L.805, No.247), entitled, 
2as amended, "An act to empower cities of the second class A, 
3and third class, boroughs, incorporated towns, townships of 
4the first and second classes including those within a county 
5of the second class and counties of the second through eighth 
6classes, individually or jointly, to plan their development 
7and to govern the same by zoning, subdivision and land 
8development ordinances, planned residential development and 
9other ordinances, by official maps, by the reservation of 
10certain land for future public purpose and by the acquisition 
11of such land; to promote the conservation of energy through 
12the use of planning practices and to promote the effective 
13utilization of renewable energy sources; providing for the 
14establishment of planning commissions, planning departments, 
15planning committees and zoning hearing boards, authorizing 
16them to charge fees, make inspections and hold public 
17hearings; providing for mediation; providing for transferable 
18development rights; providing for appropriations, appeals to 
19courts and penalties for violations; and repealing acts and 
20parts of acts," further providing for contents of subdivision 
21and land development ordinance.

22The General Assembly of the Commonwealth of Pennsylvania
23hereby enacts as follows:

24Section 1. Section 503(11) of the act of July 31, 1968
25(P.L.805, No.247), known as the Pennsylvania Municipalities
26Planning Code, reenacted and amended December 21, 1988

1(P.L.1329, No.170), is amended to read:

2Section 503. Contents of Subdivision and Land Development
3Ordinance.--The subdivision and land development ordinance may
4include, but need not be limited to:

5* * *

6(11) Provisions requiring the public dedication of land
7suitable for the use intended; and, upon agreement with the
8applicant or developer, the construction of recreational
9facilities, the payment of fees in lieu thereof, the private
10reservation of the land, or a combination, for park or
11recreation purposes as a condition precedent to final plan
12approval, provided that:

13(i) The provisions of this paragraph shall not apply to
14any plan application, whether preliminary or final, pending
15at the time of enactment of such provisions.

16(ii) The ordinance includes definite standards for
17determining the proportion of a development to be dedicated
18and the amount of any fee to be paid in lieu thereof.

19(iii) The land or fees, or combination thereof, are to
20be used only for the purpose of providing, acquiring, 
21operating or maintaining park or recreational facilities
22reasonably accessible to the development.

23(iv) The governing body has a formally adopted
24recreation plan, and the park and recreational facilities are
25in accordance with definite principles and standards
26contained in the subdivision and land development ordinance.

27(v) The amount and location of land to be dedicated or
28the fees to be paid shall bear a reasonable relationship to
29the use of the park and recreational facilities by future
30inhabitants of the development or subdivision.

1(vi) A fee authorized under this subsection shall, upon
2its receipt by a municipality, be deposited in an interest-
3bearing account, clearly [identifying the specific recreation
4facilities for which the fee was received] identified as 
5reserved for providing, acquiring, operating or maintaining 
6park or recreational facilities. Interest earned on such
7accounts shall become funds of that account. [Funds from such
8accounts shall be expended only in properly allocable
9portions of the cost incurred to construct the specific
10recreation facilities for which the funds were collected.]

11(vii) Upon request of any person who paid any fee under
12this subsection, the municipality shall refund such fee, plus
13interest accumulated thereon from the date of payment, if the
14municipality had [failed to utilize] used the fee paid, for <-a 
15purpose other than the purposes set forth in this section
16[within three years from the date such fee was paid].

17(viii) No municipality shall have the power to require
18the construction of recreational facilities or the dedication
19of land, or fees in lieu thereof, or private reservation
20except as may be provided by statute.

21Section 2. This act shall take effect in 60 days.