PRINTER'S NO. 1655
No. 1409 Session of 2001
INTRODUCED BY BARD, HERMAN, ROSS, LESCOVITZ AND TANGRETTI,
APRIL 24, 2001
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 24, 2001
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 class A
6 through eighth classes, individually or jointly, to plan
7 their development and to govern the same by zoning,
8 subdivision and land development ordinances, planned
9 residential development and other ordinances, by official
10 maps, by the reservation of certain land for future public
11 purpose and by the acquisition of such land; to promote the
12 conservation of energy through the use of planning practices
13 and to promote the effective utilization of renewable energy
14 sources; providing for the establishment of planning
15 commissions, planning departments, planning committees and
16 zoning hearing boards, authorizing them to charge fees, make
17 inspections and hold public hearings; providing for
18 mediation; providing for transferable development rights;
19 providing for appropriations, appeals to courts and penalties
20 for violations; and repealing acts and parts of acts,"
21 further providing for construction, for planning commission
22 membership and business, for planning agency powers and
23 duties, for official municipality maps, for county planning
24 agency jurisdiction, for subdivision and land development
25 ordinances, for plat approval and recording, for municipal
26 curative amendments, for zoning appeals, for jurisdiction of
27 county planning agencies, for standards and conditions for
28 planned residential development and for zoning hearing board
29 membership, organization and jurisdiction.
30 The General Assembly of the Commonwealth of Pennsylvania
31 hereby enacts as follows:
1 Section 1. Sections 103, 203(b), 207, 209.1, 405 and 502(b)
2 and (c) of the act of July 31, 1968 (P.L.805, No.247), known as
3 the Pennsylvania Municipalities Planning Code, reenacted and
4 amended December 21, 1988 (P.L.1329, No.170), are amended to
5 read:
6 Section 103. Construction of Act.--The provisions of this
7 act shall not affect any act done, contract executed or
8 liability incurred prior to its effective date, or affect any
9 suit or prosecution pending or to be instituted, to enforce any
10 right, rule, regulation, or ordinance or to punish any offense
11 against any such repealed laws or against any ordinance enacted
12 under them. All ordinances, resolutions, regulations and rules
13 made pursuant to any act of Assembly repealed by this act shall
14 continue in effect as if such act had not been repealed, except
15 as the provisions are inconsistent herewith. The provisions of
16 other acts relating to municipalities other than cities of the
17 first and second class [and counties of the second class] are
18 made a part of this act and this code shall be construed to give
19 effect to all provisions of other acts not specifically
20 repealed.
21 Section 203. Appointment, Term and Vacancy.--* * *
22 (b) The term of each of the members of the commission shall
23 be for four years[, or until his successor is appointed and
24 qualified], except that the terms of the members first appointed
25 pursuant to this act shall be so fixed that on commissions of
26 eight members or less no more than two shall be reappointed or
27 replaced during any future calendar year, and on commissions of
28 nine members no more than three shall be so reappointed or
29 replaced.
30 * * *
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1 Section 207. Conduct of Business; Quorum.--The commission
2 shall elect its own chairman and vice-chairman and create and
3 fill such other offices as it may determine. Officers shall
4 serve annual terms and may succeed themselves. The commission
5 may make and alter by laws and rules and regulations to govern
6 its procedures consistent with the ordinances of the
7 municipality and the laws of the Commonwealth. The commission
8 shall keep a full record of its business and shall annually make
9 a written report by March 1 of each year of its activities to
10 the governing body. Interim reports may be made as often as may
11 be necessary, or as requested by the governing body. A majority
12 of the members of the commission presently serving shall
13 constitute a quorum.
14 Section 209.1. Powers and Duties of Planning Agency.--(a)
15 The planning agency shall at the request of the governing body
16 have the power and shall be required to:
17 (1) Prepare the comprehensive plan for the development
18 of the municipality as set forth in this act, and present it
19 for the consideration of the governing body.
20 (2) Maintain and keep on file records of its action. All
21 records and files of the planning agency shall be in the
22 possession of the governing body.
23 (b) The planning agency at the request of the governing body
24 [may] shall:
25 (1) Make recommendations to the governing body
26 concerning the adoption or amendment of an official map.
27 (2) Prepare and present to the governing body of the
28 municipality a zoning ordinance, and make recommendations to
29 the governing body on proposed amendments to it as set forth
30 in this act.
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1 (3) Prepare, recommend and administer subdivision and
2 land development and planned residential development
3 regulations, as set forth in this act.
4 (4) Prepare and present to the governing body of the
5 municipality a building code and a housing code and make
6 recommendations concerning proposed amendments thereto.
7 (5) Do such other acts or make such studies as may be
8 necessary to fulfill the duties and obligations imposed by
9 this act.
10 (6) Prepare and present to the governing body of the
11 municipality an environmental study.
12 (7) Submit to the governing body of a municipality a
13 recommended capital improvements program.
14 (7.1) Prepare and present to the governing body of the
15 municipality a water survey, which shall be consistent with
16 the State Water Plan and any applicable water resources plan
17 adopted by a river basin commission. The water survey shall
18 be conducted in consultation with any public water supplier
19 in the area to be surveyed.
20 (8) Promote public interest in, and understanding of,
21 the comprehensive plan and planning.
22 (9) Make recommendations to governmental, civic and
23 private agencies and individuals as to the effectiveness of
24 the proposals of such agencies and individuals.
25 (10) Hold public hearings and meetings.
26 (10.1) Present testimony before any board.
27 (11) Require from other departments and agencies of the
28 municipality such available information as relates to the
29 work of the planning agency.
30 (12) In the performance of its functions, enter upon any
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1 land to make examinations and surveys with the consent of the
2 owner.
3 (13) Prepare and present to the governing body of the
4 municipality a study regarding the feasibility and
5 practicability of using renewable energy sources in specific
6 areas within the municipality.
7 (14) Review the zoning ordinance, subdivision and land
8 development ordinance, official map, provisions for planned
9 residential development, and such other ordinances and
10 regulations governing the development of land no less
11 frequently than it reviews the comprehensive plan.
12 Section 405. Buildings in Mapped Streets, Watercourses or
13 Other Public Grounds.--For the purpose of preserving the
14 integrity of the official map of the municipality, no permit
15 shall be issued for any building within the lines of any street,
16 watercourse or public ground shown or laid out on the official
17 map. No person shall recover any damages for the taking for
18 public use of any building or improvements constructed within
19 the lines of any street, watercourse or public ground after the
20 same shall have been included in the official map, and any such
21 building or improvement shall be removed at the expense of the
22 owner. However, when the property of which the reserved location
23 forms a part, cannot yield a reasonable return to the owner
24 unless a permit shall be granted, the owner may apply to the
25 governing body for the grant of a special encroachment permit to
26 build. Before granting any special encroachment permit
27 authorized in this section, the governing body may submit the
28 application for a special encroachment permit to the local
29 planning agency and allow the planning agency 30 days for review
30 and comment and shall give public notice and hold a public
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1 hearing at which all parties in interest shall have an
2 opportunity to be heard. A refusal by the governing body to
3 grant the special encroachment permit applied for may be
4 appealed by the applicant to [the zoning hearing board] the
5 court of common pleas in the same manner, and within the same
6 time limitation, as is provided in Article [IX] X-A.
7 Section 502. Jurisdiction of County Planning Agencies;
8 Adoption by Reference of County Subdivision and Land Development
9 Ordinances.--* * *
10 (b) The enactment of a subdivision and land development
11 ordinance by any municipality, other than a county, whose land
12 is subject to a county subdivision and land development
13 ordinance shall act as a repeal protanto of the county
14 subdivision and land development ordinance within the
15 municipality adopting such ordinance. However, applications for
16 subdivision and land development located within a municipality
17 having adopted a subdivision and land development ordinance as
18 set forth in this article shall be forwarded upon receipt by the
19 municipality to the county planning agency for review and report
20 and for recommendation, together with a fee sufficient to cover
21 the costs of the review, recommendation and report which fee
22 shall be paid by the applicant: Provided, That such
23 municipalities shall not approve such applications until the
24 county recommendation and report [is] are received or until the
25 expiration of 30 days from the date the application was
26 forwarded to the county.
27 (c) Further, any municipality other than a county may adopt
28 by reference the subdivision and land development ordinance of
29 the county, and may by separate ordinance designate the county
30 planning agency, with the county planning agency's concurrence,
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1 as its official administrative agency for review, recommendation
2 and approval of plats.
3 Section 2. Section 503(1.1) and (11)(vi) of the act are
4 amended and the section is amended by adding a clause to read:
5 Section 503. Contents of Subdivision and Land Development
6 Ordinance.--The subdivision and land development ordinance may
7 include, but need not be limited to:
8 * * *
9 (1.1) Provisions for the exclusion of certain land
10 development from the definition of land development contained
11 in section 107 only when such land development involves:
12 (i) the conversion of an existing single-family
13 detached [dwelling or], single family semi-detached
14 [dwelling] or single family attached dwelling into not
15 more than three residential units, unless such units are
16 intended to be a condominium;
17 (ii) the addition of an accessory building,
18 including farm buildings, on a lot or lots subordinate to
19 an existing principal building; or
20 (iii) the addition or conversion of buildings or
21 rides within the confines of an enterprise which would be
22 considered an amusement park. For purposes of this
23 subclause, an amusement park is defined as a tract or
24 area used principally as a location for permanent
25 amusement structures or rides. This exclusion shall not
26 apply to newly acquired acreage by an amusement park
27 until initial plans for the expanded area have been
28 approved by proper authorities.
29 (1.2) Provisions defining minor land development and
30 establishing a simplified review procedure applicable to
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1 minor land development.
2 * * *
3 (11) Provisions requiring the public dedication of land
4 suitable for the use intended; and, upon agreement with the
5 applicant or developer, the construction of recreational
6 facilities, the payment of fees in lieu thereof, the private
7 reservation of the land, or a combination, for park or
8 recreation purposes as a condition precedent to final plan
9 approval, provided that:
10 * * *
11 (vi) A fee authorized under this subsection shall,
12 upon its receipt by a municipality, be deposited in an
13 interest-bearing account, clearly identifying the
14 specific recreation facilities or land, or both, for park
15 purposes for which the fee was received. Interest earned
16 on such accounts shall become funds of that account.
17 Funds from such accounts shall be expended only in
18 properly allocable portions of the cost incurred to
19 construct the specific recreation facilities or land, or
20 both, for park purposes for which the funds were
21 collected.
22 * * *
23 Section 3. Sections 508(3) and 509(a) of the act are amended
24 to read:
25 Section 508. Approval of Plats.--All applications for
26 approval of a plat (other than those governed by Article VII),
27 whether preliminary or final, shall be acted upon by the
28 governing body or the planning agency within such time limits as
29 may be fixed in the subdivision and land development ordinance
30 but the governing body or the planning agency shall render its
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1 decision and communicate it to the applicant not later than 90
2 days following the date of the regular meeting of the governing
3 body or the planning agency (whichever first reviews the
4 application) next following the date the application is filed,
5 provided that should the said next regular meeting occur more
6 than 30 days following the filing of the application, the said
7 90-day period shall be measured from the 30th day following the
8 day the application has been filed.
9 * * *
10 (3) Failure of the governing body or planning agency to
11 render a decision and communicate it to the applicant within
12 the time and in the manner required herein shall be deemed an
13 approval of the application in terms as presented unless the
14 applicant has agreed in writing to an extension of time or
15 change in the prescribed manner of presentation of
16 communication of the decision, in which case, failure to meet
17 the extended time or change in manner of presentation of
18 communication shall have like effect.
19 * * *
20 Section 509. Completion of Improvements or Guarantee Thereof
21 Prerequisite to Final Plat Approval.--(a) No plat shall be
22 finally approved unless the streets shown on such plat have been
23 improved to a mud-free or otherwise permanently passable
24 condition, or improved as may be required by the subdivision and
25 land development ordinance and any walkways, curbs, gutters,
26 street lights, fire hydrants, shade trees, water mains, sanitary
27 sewers, storm sewers and other improvements as may be required
28 by the subdivision and land development ordinance have been
29 installed in accordance with such ordinance. In lieu of the
30 completion of any improvements required as a condition for the
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1 final approval of a plat, [including improvements or fees
2 required pursuant to section 509(i),] the subdivision and land
3 development ordinance shall provide for the deposit with the
4 municipality of financial security in an amount sufficient to
5 cover the costs of such improvements or common amenities
6 including, but not limited to, roads, storm water detention
7 and/or retention basins and other related drainage facilities,
8 recreational facilities, open space improvements, or buffer or
9 screen plantings which may be required.
10 * * *
11 Section 4. Section 513 of the act, amended December 20, 2000
12 (P.L.940, No.127), is amended to read:
13 Section 513. Recording Plats and Deeds.--(a) Upon the
14 approval of a final plat, the developer shall within 90 days of
15 such final approval or 90 days after the date of delivery of an
16 approved plat signed by the governing body or planning agency,
17 if designated by the governing body, following completion of
18 conditions imposed for such approval, whichever is later, record
19 such plat in the office of the recorder of deeds of the county
20 in which the municipality is located. Whenever such plat
21 approval is required by a municipality, the recorder of deeds of
22 the county shall not accept any plat for recording, unless such
23 plat officially notes the approval of the governing body or
24 planning agency, if designated by the governing body, and review
25 by the county planning agency, if one exists.
26 (b) The recording of the plat shall not constitute grounds
27 for assessment increases until such time as lots are sold or
28 improvements are installed on the land included within the
29 subject plat.
30 Section 5. Sections 609.2 introductory paragraph, 615,
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1 704(b), 705(f)(5) and (6), 903, 906(b) and 909.1(b) introductory
2 paragraph of the act are amended to read:
3 Section 609.2. Procedure for Municipal Curative
4 Amendments.--If a municipality determines that its zoning
5 ordinance or any portion thereof is [substantially]
6 substantively invalid, it shall take the following actions:
7 * * *
8 Section 615. Zoning Appeals.--All appeals from [decisions]
9 determinations of the zoning officer shall be taken in the
10 manner set forth in this act.
11 Section 704. Jurisdiction of County Planning Agencies.--* *
12 *
13 (b) The powers of governing bodies of counties to enact,
14 amend and repeal planned residential development provisions
15 shall not supersede any local planned residential development,
16 zoning or subdivision and land development ordinance which is
17 already in effect or subsequently becomes effective in any
18 municipality within such county, provided that a certified copy
19 of such provision is filed with the county planning agency, if
20 one exists. However, all applications for tentative approval of
21 planned residential development of land located within a
22 municipality having adopted planned residential development
23 provisions as set forth in this article shall nevertheless be
24 referred to the county planning agency, if one exists, for study
25 and recommendation, together with a fee sufficient to cover the
26 costs of the review, recommendation and report, which fee shall
27 be paid by the applicant, and such county planning agency shall
28 be required to report to such municipality within 30 days or
29 forfeit the right to review.
30 Section 705. Standards and Conditions for Planned
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1 Residential Development.--* * *
2 (f) The standards for a planned residential development
3 established by provisions adopted pursuant to this article may
4 require that the common open space resulting from the
5 application of standards for density, or intensity of land use,
6 shall be set aside for the use and benefit of the residents in
7 such development and may include provisions which shall
8 determine the amount and location of said common open space and
9 secure its improvement and maintenance for common open space
10 use, subject, however, to the following:
11 * * *
12 [(5) The decision of the governing body or its
13 designated agency shall be subject to appeal to court in the
14 same manner, and within the same time limitation, as is
15 provided for zoning appeals by this act.
16 (6)] (5) The cost of such maintenance by the
17 municipality shall be assessed ratably against the properties
18 within the planned residential development that have a right
19 of enjoyment of the common open space, and shall become a
20 lien on said properties. The municipality at the time of
21 entering upon said common open space for the purpose of
22 maintenance shall file a notice of lien in the office of the
23 prothonotary of the county, upon the properties affected by
24 the lien within the planned residential development.
25 * * *
26 Section 903. Membership of Board.--(a) The membership of
27 the board shall, upon the determination of the governing body,
28 consist of either three or five residents of the municipality
29 appointed by resolution by the governing body. The terms of
30 office of a three member board shall be three years and shall be
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1 so fixed that the term of office of one member shall expire each
2 year. The terms of office of a five member board shall be five
3 years and shall be so fixed that the term of office of one
4 member of a five member board shall expire each year. If a three
5 member board is changed to a five member board, the members of
6 the existing three member board shall continue in office until
7 their term of office would expire under prior law. The governing
8 body shall appoint two additional members to the board with
9 terms scheduled to expire in accordance with the provisions of
10 this section. The board shall promptly notify the governing body
11 of any vacancies which occur. Appointments to fill vacancies
12 shall be only for the unexpired portion of the term. Members of
13 the board shall hold no other elected or appointed office in the
14 municipality[.] nor shall any member act as an employee of the
15 municipality.
16 (b) The governing body may appoint by resolution at least
17 one but no more than three residents of the municipality to
18 serve as alternate members of the board. The term of office of
19 an alternate member shall be three years. When seated pursuant
20 to the provisions of section 906, an alternate shall be entitled
21 to participate in all proceedings and discussions of the board
22 to the same and full extent as provided by law for board
23 members, including specifically the right to cast a vote as a
24 voting member during the proceedings, and shall have all the
25 powers and duties set forth in this act and as otherwise
26 provided by law. Alternates shall hold no other elected or
27 appointed office in the municipality nor shall any alternate act
28 as an employee of the municipality, including [membership on]
29 service as a member of the planning commission [and] or as a
30 zoning officer. Any alternate may participate in any proceeding
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1 or discussion of the board but shall not be entitled to vote as
2 a member of the board nor be compensated pursuant to section 907
3 unless designated as a voting alternate member pursuant to
4 section 906.
5 Section 906. Organization of Board.--* * *
6 (b) If, by reason of absence or disqualification of a
7 member, a quorum is not reached, the chairman of the board shall
8 designate as many alternate members of the board to sit on the
9 board as may be needed to [provide a quorum.] replace any absent
10 or disqualified member. Any alternate member of the board shall
11 continue to serve on the board in all proceedings involving the
12 matter or case for which the alternate was initially appointed
13 until the board has made a final [determination of] decision on
14 the matter or case. Designation of an alternate pursuant to this
15 section shall be made on a case-by-case basis in rotation
16 according to declining seniority among all alternates.
17 * * *
18 Section 909.1. Jurisdiction.--* * *
19 (b) The governing body or, except as to clauses (3), (4) and
20 (5), the planning agency, if designated, shall have exclusive
21 jurisdiction to hear and render final adjudications, in
22 accordance with section 908, in the following matters:
23 * * *
24 Section 6. This act shall take effect in 60 days.
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