Act of Sep. 24, 2014,P.L. 2474, No. 135 Cl. 53 - PENNSYLVANIA MUNICIPALITIES PLANNING CODE - CONTENTS OF SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Statute Update Generated 2014-11-14 05:05:44 PMPENNSYLVANIA MUNICIPALITIES PLANNING CODE - CONTENTS OF SUBDIVISION AND LAND DEVELOPMENT ORDINANCEAct of Sep. 24, 2014, P.L. 2474, No. 135Cl. 53Session of 2014No. 2014-135 HB 1052 AN ACT Amending the act of July 31, 1968 (P.L.805, No.247), entitled, as amended, "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," further providing for contents of subdivision and land development ordinance. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 503(11) of the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, reenacted and amended December 21, 1988 (P.L.1329, No.170), is amended to read:Section 503. Contents of Subdivision and Land Development Ordinance.--The subdivision and land development ordinance may include, but need not be limited to:* * *(11) Provisions requiring the public dedication of land suitable for the use intended; and, upon agreement with the applicant or developer, the construction of recreational facilities, the payment of fees in lieu thereof, the private reservation of the land, or a combination, for park or recreation purposes as a condition precedent to final plan approval, provided that:(i) The provisions of this paragraph shall not apply to any plan application, whether preliminary or final, pending at the time of enactment of such provisions.(ii) The ordinance includes definite standards for determining the proportion of a development to be dedicated and the amount of any fee to be paid in lieu thereof.(iii) The land or fees, or combination thereof, are to be used only for the purpose of providing, acquiring, operating or maintaining park or recreational facilities reasonably accessible to the development.(iv) The governing body has a formally adopted recreation plan, and the park and recreational facilities are in accordance with definite principles and standards contained in the subdivision and land development ordinance.(v) The amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by future inhabitants of the development or subdivision.(vi) A fee authorized under this subsection shall, upon its receipt by a municipality, be deposited in an interest-bearing account, clearly [identifying the specific recreation facilities for which the fee was received] identified as reserved for providing, acquiring, operating or maintaining park or recreational facilities. Interest earned on such accounts shall become funds of that account. [Funds from such accounts shall be expended only in properly allocable portions of the cost incurred to construct the specific recreation facilities for which the funds were collected.](vii) Upon request of any person who paid any fee under this subsection, the municipality shall refund such fee, plus interest accumulated thereon from the date of payment, if the municipality had [failed to utilize] used the fee paid for a purpose other than the purposes set forth in this section [within three years from the date such fee was paid].(viii) No municipality shall have the power to require the construction of recreational facilities or the dedication of land, or fees in lieu thereof, or private reservation except as may be provided by statute.Section 2. This act shall take effect in 60 days.APPROVED--The 24th day of September, A.D. 2014. TOM CORBETT