PRINTER'S NO. 3411
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2768
Session of
2022
INTRODUCED BY SCHLOSSBERG, FREEMAN, A. DAVIS, DELLOSO, GUENST,
HILL-EVANS, HOHENSTEIN, HOWARD, KRAJEWSKI, MADDEN, McNEILL,
SOLOMON, KINKEAD AND CIRESI, AUGUST 22, 2022
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, AUGUST 22, 2022
AN ACT
Amending the act of July 31, 1968 (P.L.805, No.247), entitled
"An act to empower cities of the second class A, and third
class, boroughs, incorporated towns, townships of the first
and second classes including those within a county of the
second class and counties of the second through eighth
classes, individually or jointly, to plan their development
and to govern the same by zoning, subdivision and land
development ordinances, planned residential development and
other ordinances, by official maps, by the reservation of
certain land for future public purpose and by the acquisition
of such land; to promote the conservation of energy through
the use of planning practices and to promote the effective
utilization of renewable energy sources; providing for the
establishment of planning commissions, planning departments,
planning committees and zoning hearing boards, authorizing
them to charge fees, make inspections and hold public
hearings; providing for mediation; providing for transferable
development rights; providing for appropriations, appeals to
courts and penalties for violations; and repealing acts and
parts of acts," providing for developments of regional
significance and impact; and, in zoning hearing board and
other administrative proceedings, further providing for
jurisdiction.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 31, 1968 (P.L.805, No.247), known
as the Pennsylvania Municipalities Planning Code, is amended by
adding an article to read:
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ARTICLE VI-A
Developments of Regional Significance and Impact
Section 601-A. Purposes.
The purposes of this article are:
(1) To authorize a comprehensive and coordinated review
by a municipality regarding a proposed development of
regional significance and impact.
(2) To evaluate and mitigate potentially adverse impacts
on community services, the economy, the environment,
community character, transportation and infrastructure as a
result of a development of regional significance and impact.
(3) To develop cost-effective and reasonable
accountability measures regarding a development of regional
significance and impact.
(4) To encourage timely, well-communicated and well-
coordinated procedures to consider and authorize a
development of regional significance and impact.
(5) To encourage planning consistent with section 27 of
Article I of the Constitution of Pennsylvania.
Section 602-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Transportation of the
Commonwealth.
"Earth disturbance activity." A construction or other human
activity, done for the purpose of land development, that
disturbs the surface of land.
"Host municipality." A municipality in which a proposed land
development will be located.
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"Intermodal terminal." An area or building where the
transportation mode for freight or passengers changes.
"Petroleum storage facility." A facility used to store
gasoline, motor fuel or other petroleum products with a capacity
of more than:
(1) fifty thousand barrels, if the facility is within
1,000 feet of a water supply; or
(2) two hundred thousand barrels.
"Quarry." An open excavation used for extracting minerals,
rock, stone, sand, gravel or building materials.
"Truck stop facility." An establishment that provides fuel,
parking and related goods and services to primarily support
truck transportation with at least:
(1) six diesel pumps;
(2) five acres of truck parking; or
(3) twenty truck parking spaces.
"Waste handling facility." A structure or system designed
for the collection, processing or disposal of solid waste,
including hazardous wastes. The term includes a transfer
station, processing plant, recycling plant and disposal system.
Section 603-A. Applicability of article.
Unless this article specifically provides to the contrary,
this article supplements this act and does not supersede any
other provision of this act or other law.
Section 604-A. Scope.
This article shall not apply to a person or legal entity that
is regulated by any of the following acts:
(1) The act of May 31, 1945 (P.L.1198, No.418), known as
the Surface Mining Conservation and Reclamation Act.
(2) The act of April 27, 1966 (1st Sp.Sess., P.L.31,
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No.1), known as The Bituminous Mine Subsidence and Land
Conservation Act.
(3) The act of September 24, 1968 (P.L.1040, No.318),
known as the Coal Refuse Disposal Control Act.
(4) The act of December 18, 1984 (P.L.1069, No.214),
known as the Coal and Gas Resource Coordination Act.
(5) The act of December 19, 1984 (P.L.1093, No.219),
known as the Noncoal Surface Mining Conservation and
Reclamation Act.
(6) 58 Pa.C.S. Ch. 32 (relating to development).
Section 605-A. Compliance.
A municipal, multimunicipal or county comprehensive plan
shall include provisions consistent with the provisions
contained in this article. If a host municipality is not
governed by a municipal or multimunicipal comprehensive plan,
the provisions of the county comprehensive plan in which the
host municipality is located shall govern and shall be
consistent with respect to the provisions contained in this
article.
Section 606-A. Impact analysis.
(a) General rule.--If a person submits to a host
municipality an application for land development that involves a
development specified in this section, the applicant shall also
submit an impact analysis under section 607-A to the host
municipality.
(b) Types of development.--An impact analysis under section
607-A is required if a proposed land development consists of any
of the following:
(1) an airport;
(2) an intermodal terminal;
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(3) a petroleum storage facility;
(4) a waste handling facility or the cumulative
expansion of an existing waste handling facility that occurs
during any three-year period and creates a significant
degradation in the level of service with respect to traffic
impact, as determined by regulations established by the
department;
(5) a quarry or the cumulative expansion of an existing
quarry that occurs during any three-year period and creates a
significant degradation in the level of service with respect
to traffic impact, as determined by regulations established
by the department;
(6) a truck stop facility that creates a significant
degradation in the level of service with respect to traffic
impact, as determined by regulations established by the
department;
(7) a land development in a watershed that is unstudied
under the act of October 4, 1978 (P.L.864, No.167), known as
the Storm Water Management Act, and involves at least 100
acres of contributory watershed that is upstream from the
land development and at least 25 acres in total land area of
earth disturbance activity associated with the land
development;
(8) a land development in which the permittees of the
receiving sewerage facilities for the development have
submitted information that documents that the existing
collection, conveyance and treatment system has an existing
hydraulic or organic overload or five-year projected
overload; or
(9) a land development in which the permittees of the
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collection, conveyance and treatment system receiving
facilities have certified to the host municipality that there
is not capacity to receive and treat sewage flows from the
development or that the additional wasteload from the
development will create a hydraulic or organic overload or
five-year projected overload.
(c) Municipalities with population of 10,000 or more.--An
impact analysis under section 607-A is required if a proposed
land development is within a host municipality with a population
of 10,000 or more, as determined by the most current decennial
census, and will result in:
(1) the generation of 3,000 or more average daily trips
or 1,500 vehicles per day; or
(2) a significant impact on highway safety or traffic
flow, as determined by standards established by the
department.
(d) Municipalities with population of less than 10,000.--An
impact analysis under section 607-A is required if a proposed
land development is within a host municipality with a population
of less than 10,000, as determined by the most current decennial
census, and will result in:
(1) a significant impact on highway safety or traffic
flow, as determined by standards established by the
department;
(2) the generation of 3,000 or more average daily trips
or 1,500 vehicles per day;
(3) the generation of 100 or more vehicle trips entering
or exiting the development during any one-hour time period of
any day of the week; or
(4) for an existing site being redeveloped, the
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generation of 100 or more additional vehicle trips entering
or exiting the development during any one-hour time period of
any day of the week.
(e) Comprehensive plan.--A host municipality may increase or
decrease a numerical threshold in subsection (c) or (d) to apply
to the municipality if:
(1) a revised numerical threshold is adopted in a county
plan or multimunicipal comprehensive plan under Article XI;
and
(2) the host municipality has:
(i) adopted the county plan or multimunicipal
comprehensive plan and conformed its local plans and
ordinances to the county plan or multimunicipal
comprehensive plan by implementing a cooperative
agreement and adopting appropriate resolutions and
ordinances; or
(ii) entered into an implementation agreement to
carry out the county plan or multimunicipal comprehensive
plan.
Section 607-A. Contents of impact analysis.
(a) Submission.--An applicant shall submit an impact
analysis to the host municipality as required by section 606-A.
(b) Costs.--An applicant shall be responsible for all costs
involving the preparation and review of the impact analysis.
(c) Contents.--An impact analysis under this section shall
analyze the effect of the proposed land development on the host
municipality and other affected municipalities and shall address
all of the following:
(1) The financial impact regarding any expanded
emergency and infrastructure services, including services
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regarding police, fire, ambulance, medical care, sewer,
water, transportation and utilities.
(2) The disturbance of agricultural areas, forested
areas and greenfields.
(3) The effect on natural resources, historic resources
and tourism, including parks, open spaces, historic
structures, ethnic heritage sites, the character of
neighborhoods and areas, historic landscapes, scenic views
and wildlife habitats.
(4) The effect on residential housing opportunities,
including property values and the potential number and
character of new housing units.
(5) The redevelopment of brownfields or greyfields.
(6) The likelihood that the proposed land development
will spur other land development in the area.
(7) Subject to traffic impact guidelines developed by
the department, the effect on transportation and
transportation infrastructure. Consideration shall be given
to trip generation, trip distribution and area
municipalities.
(8) Any other matter that is required by an applicable
provision in the municipal or multimunicipal ordinance that
governs the host municipality or that is covered by an
applicable provision in the municipal, multimunicipal or
county comprehensive plan for the host municipality.
Section 608-A. Classification as development of regional
significance and impact.
(a) Notice of public hearing.--The following shall apply to
a notice of public hearing:
(1) In addition to any other notice requirement under
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this act, a host municipality shall provide timely written
notice of the public hearing under this section to:
(i) each contiguous municipality; and
(ii) each municipality that is potentially impacted
by the proposed land development and identified in the
impact analysis under section 607-A.
(2) The notice shall specify that the host municipality
is considering whether to classify the proposed land
development as a development of regional significance and
impact.
(b) Public hearing.--The following shall apply to a public
hearing:
(1) A host municipality shall conduct a public hearing
to review the impact analysis under section 607-A and
determine whether the proposed land development is a
development of regional significance and impact.
(2) A representative from a municipality receiving
notice under subsection (a) may provide public comment to the
host municipality regarding the issue of whether to classify
the proposed land development as a development of regional
significance and impact.
(c) Determination.--The following shall apply to a process
by which a host municipality determines whether to classify a
proposed land development as a development of regional
significance and impact:
(1) The host municipality shall specifically consider
the potential direct impacts on other municipalities.
(2) The host municipality shall provide specific reasons
supporting its determination.
(d) Effect.--Once a proposed land development is classified
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as a development of regional significance and impact, the
proposed land development shall be subject to the provisions of
this article.
Section 609-A. Mitigation plan.
(a) Submission.--An applicant shall submit to the host
municipality a written mitigation plan that explains the nature
and extent of mitigation efforts to address any known or
potential harm or negative effect cited by the host municipality
in the classification of the proposed land development as a
development of regional significance and impact under section
608-A.
(b) Professional review.--An applicant shall demonstrate
that the mitigation plan submitted under this section has been
reviewed and written comments have been prepared for the host
municipality regarding the effect of the proposed mitigation
measures on the public health, safety and welfare by:
(1) A traffic engineer.
(2) An individual who is:
(i) licensed in this Commonwealth to perform
services or activities related to the provisions of this
article; and
(ii) qualified by training and experience to perform
such services or activities with technical competence.
(c) Costs.--An applicant shall be responsible for all costs
involving the preparation and review of the mitigation plan.
Section 610-A. Coordinated and expedited review.
(a) Request.--An applicant may request a coordinated and
expedited review of any aspect of a proposed development of
regional significance and impact by the department, the
Department of Environmental Protection or other governmental
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entity whose approval is required for the proposed development.
(b) Governmental cooperation.--The department, the
Department of Environmental Protection or other governmental
entity whose approval is required for the proposed land
development shall ensure adequate communication and cooperation
by and between the governmental entities.
(c) Submission of information.--In consultation with the
department, the Department of Environmental Protection or other
governmental entity whose approval is required for the proposed
land development, an applicant shall submit to each governmental
entity the necessary information for review of the proposed land
development.
(d) Report.--Within 45 days after submission of all the
necessary information under subsection (c) for a coordinated and
expedited review, a governmental entity receiving the
information shall prepare a written report of findings, comments
and recommendations regarding the proposed land development and
send the report to the applicant and host municipality.
(e) Discretion of governmental entity.--The following shall
apply to the discretion of a governmental entity under this
section:
(1) Nothing in this section shall be construed to
require the department, the Department of Environmental
Protection or other governmental entity whose approval is
required for the proposed land development to conduct a
coordinated and expedited review.
(2) Upon the written consent of the applicant, the
department, the Department of Environmental Protection or
other governmental entity whose approval is required for the
proposed land development may extend the time period under
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subsection (d).
(f) Fees.--The following shall apply to fees under this
section:
(1) An applicant shall be responsible for all fees
involving coordinated and expedited review of a proposed
development of regional significance and impact under this
section.
(2) Unless the applicant agrees otherwise, if the
department, the Department of Environmental Protection or
other governmental entity whose approval is required for the
proposed land development cannot complete the coordinated and
expedited review and submit the report within the time period
under subsection (d), the governmental entity shall return to
the applicant the full amount of the fee collected under this
section.
Section 611-A. Municipal review and determination.
(a) Hearing required.--The host municipality shall conduct a
hearing to review a proposed development of regional
significance and impact.
(b) Considerations.--At the hearing the host municipality
shall consider all of the following:
(1) Subject to subsection (c), testimony and other
information from:
(i) The department.
(ii) The Department of Environmental Protection.
(iii) Other governmental entities whose approval are
required for the proposed land development.
(iv) The county in which the host municipality is
located.
(v) Contiguous municipalities.
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(vi) Municipalities that are potentially impacted by
the proposed land development.
(vii) Area school districts potentially impacted by
the proposed land development.
(viii) Concerned individuals, municipal and regional
planners, engineers, persons potentially impacted by the
proposed land development and other persons as determined
by the host municipality.
(2) The impact analysis under section 607-A and other
reports concerning the proposed land development.
(3) The mitigation plan under section 609-A.
(4) Whether the proposed land development is consistent
with an applicable provision in:
(i) a municipal, multimunicipal or county
comprehensive plan; and
(ii) a municipal or multimunicipal ordinance or
regulation.
(5) The totality of impacts regarding the proposed land
development and the cumulative effect of development on the
host municipality and affected municipalities.
(c) Testimony.--The host municipality may limit the
testimony to be presented at the hearing if the testimony is
repetitive.
(d) Determination.--Based on the testimony and other
information received with respect to a proposed development of
regional significance and impact, the host municipality may:
(1) Approve the proposed development.
(2) Approve the proposed development with conditions
attached. A condition shall be reasonable and necessary to
mitigate any impact or additional impact attributable to the
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proposed development and shall bear a direct relationship to
the burden being imposed by the proposed development. A
condition may not involve any of the following:
(i) The correction of an existing deficiency in the
environment or public infrastructure.
(ii) A contribution or payment for the acquisition
of land or expansion of public facilities, unless the
host municipality's municipal ordinance contains the same
or a similar condition for development that is not
subject to this article.
(iii) The contribution or payment associated with
the cost of a municipal improvement that exceeds the
proposed development's proportionate share of the cost
established under this article or any applicable
provision of this act or other law or ordinance. By
accepting the proposed development's proportionate share,
the host municipality assures that the municipal
improvement will be made without any additional
contribution or payment from the applicant for that
purpose.
(3) Disapprove the proposed development.
(e) Reasons.--The host municipality shall provide specific
reasons supporting its determination under subsection (d).
Section 612-A. Additional standards and criteria.
Nothing in this article shall be construed to restrict a
municipality from establishing additional standards and criteria
under this article, in conformity with this act, including, but
not limited to:
(1) thresholds under subsection 606-A;
(2) the contents of an impact analysis under section
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607-A(c);
(3) the classification of a development of regional
significance and impact under section 608-A; and
(4) considerations under section 611-A(b).
Section 613-A. Financial considerations.
(a) Applicant costs.--The host municipality or the county in
which the host municipality is located may provide financial
incentives to an applicant to mitigate the costs regarding an
impact analysis, a mitigation plan or a coordinated and
expedited review of a proposed development of regional
significance and impact.
(b) Tax sharing.--The host municipality shall develop a tax
sharing plan for contiguous municipalities adversely affected by
an approved development of regional significance and impact as a
result of additional expenses incurred for police, fire, medical
services, road maintenance and infrastructure.
(c) Professional review.--If a host municipality lacks
capacity regarding the professional review of the proposed land
development plans, the impact analysis or the mitigation plan,
the county in which the host municipality is located shall
determine whether and the extent to which the county can assist
the host municipality with the professional review.
Section 614-A. Notice generally.
Except as otherwise provided in this article, this act shall
govern notice of a public hearing, hearing or determination.
Written notice shall be given to the applicant, an owner of
property that is contiguous to the proposed land development and
other person requesting a copy of the notice. A municipality
shall provide, as appropriate, timely written notification to a
contiguous municipality, municipality or area school district
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potentially impacted by the proposed land development.
Section 615-A. Appeals.
(a) Jurisdiction.--An appeal of a determination under
section 611-A must be filed with the court of common pleas of
the county in which the host municipality which made the
determination is located.
(b) Parties.--An appeal under this section shall be limited
to those parties that appeared before the host municipality at
the hearing.
(c) Review.--The review of the determination under section
611-A shall be governed by Article X-A.
(d) Mediation.--Parties to a contested case may use
mediation as an aid to a formal appeal, in which case the
provisions of section 908.1 shall govern.
Section 2. Section 909.1(b) of the act is amended by adding
a paragraph to read:
Section 909.1. Jurisdiction.--* * *
(b) The governing body or, except as to clauses (3), (4) and
(5), the planning agency, if designated, shall have exclusive
jurisdiction to hear and render final adjudications in the
following matters:
* * *
(8) Applications for a proposed land development under
Article VI-A.
Section 3. This act shall take effect in six months.
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