PRINTER'S NO. 2510
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1975
Session of
2024
INTRODUCED BY SIEGEL, KHAN, KINSEY, HANBIDGE, MAYES, MADDEN,
SANCHEZ, HILL-EVANS, HOHENSTEIN, N. NELSON, PIELLI, GUZMAN,
MADSEN, WEBSTER, OTTEN, KRAJEWSKI, GREEN, CEPEDA-FREYTIZ,
ISAACSON AND POWELL, JANUARY 31, 2024
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
JANUARY 31, 2024
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," in zoning, further providing for
classifications.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 605 of the act of July 31, 1968 (P.L.805,
No.247), known as the Pennsylvania Municipalities Planning Code,
is amended to read:
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Section 605. Classifications.--(a) In any municipality,
other than a county, which enacts a zoning ordinance, no part of
such municipality shall be left unzoned. The provisions of all
zoning ordinances may be classified so that different provisions
may be applied to different classes of situations, uses and
structures and to such various districts of the municipality as
shall be described by a map made part of the zoning ordinance.
The municipality may divide the municipality into zoning
districts of an area, number and shape best suited to the
purposes of this section. Within the zoning districts, the
municipality may regulate and restrict the erection,
construction, reconstruction, alteration, repair or use of
buildings, structure or land. Where zoning districts are
created, all provisions shall be uniform for each class of uses
or structures, within each district, except that additional
classifications may be made within any district:
(1) For the purpose of making transitional provisions at
and near the boundaries of districts.
(1.1) For the purpose of regulating nonconforming uses
and structures.
(2) For the regulation, restriction or prohibition of
uses and structures at, along or near:
(i) major thoroughfares, their intersections and
interchanges, transportation arteries and rail or transit
terminals;
(ii) natural or artificial bodies of water, boat
docks and related facilities;
(iii) places of relatively steep slope or grade, or
other areas of hazardous geological or topographic
features;
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(iv) public buildings and public grounds;
(v) aircraft, helicopter, rocket, and spacecraft
facilities;
(vi) places having unique historical, architectural
or patriotic interest or value; or
(vii) flood plain areas, agricultural areas,
sanitary landfills, and other places having a special
character or use affecting and affected by their
surroundings.
As among several classes of zoning districts, the provisions
for permitted uses may be mutually exclusive, in whole or in
part.
(3) For the purpose of encouraging innovation and the
promotion of flexibility, economy and ingenuity in
development, including subdivisions and land developments as
defined in this act, and for the purpose of authorizing
increases in the permissible density of population or
intensity of a particular use based upon expressed standards
and criteria set forth in the zoning ordinance.
(4) For the purpose of regulating transferable
development rights on a voluntary basis.
(b) Local design and review standards imposed by a
municipality must be clear, objective and necessary to protect
public health and safety or comply with Federal law.
(c) Zoning regulation may not include:
(1) a requirement to pay a fee for the purpose of
providing housing for specified income levels or at specific
sale prices; or
(2) dedicate real property for the purpose of providing
housing for specified income levels or at specific sale
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prices. This paragraph includes a payment or other
contribution to a local housing authority or the reservation
of real property for future development of housing for
specified income levels or specified sale prices.
(d) When reviewing an application for a permit or variance,
the determination of compliance with local design standards
shall be conducted solely by employees of the municipality, and
the municipality may not require review by a board.
(e) This section may not be construed to limit conditions
imposed in historic districts, local design review standards,
existing covenants or the ability to enter into covenants.
Section 2. This act shall take effect in 60 days.
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