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                                                      PRINTER'S NO. 1138

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 892 Session of 2003


        INTRODUCED BY PILEGGI, RAFFERTY, ERICKSON, EARLL, HUGHES,
           M. WHITE, ARMSTRONG, LEMMOND, WONDERLING AND WOZNIAK,
           AUGUST 29, 2003

        REFERRED TO LOCAL GOVERNMENT, AUGUST 29, 2003

                                     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 through eighth
     6     classes, individually or jointly, to plan their development
     7     and to govern the same by zoning, subdivision and land
     8     development ordinances, planned residential development and
     9     other ordinances, by official maps, by the reservation of
    10     certain land for future public purpose and by the acquisition
    11     of such land; to promote the conservation of energy through
    12     the use of planning practices and to promote the effective
    13     utilization of renewable energy sources; providing for the
    14     establishment of planning commissions, planning departments,
    15     planning committees and zoning hearing boards, authorizing
    16     them to charge fees, make inspections and hold public
    17     hearings; providing for mediation; providing for transferable
    18     development rights; providing for appropriations, appeals to
    19     courts and penalties for violations; and repealing acts and
    20     parts of acts," further providing for contents of subdivision
    21     and land development ordinance.

    22     The General Assembly of the Commonwealth of Pennsylvania
    23  hereby enacts as follows:
    24     Section 1.  Section 503(1) of the act of July 31, 1968
    25  (P.L.805, No.247), known as the Pennsylvania Municipalities
    26  Planning Code, reenacted and amended December 21, 1988
    27  (P.L.1329, No.170) and amended June 22, 2000 (P.L.495, No.68),

     1  is amended to read:
     2     Section 503.  Contents of Subdivision and Land Development
     3  Ordinance.--The subdivision and land development ordinance may
     4  include, but need not be limited to:
     5         (1)  Provisions for the submittal and processing of
     6     plats, including the charging of review fees, and
     7     specifications for such plats, including certification as to
     8     the accuracy of plats and provisions for preliminary and
     9     final approval and for processing of final approval by stages
    10     or sections of development. Such plats and surveys shall be
    11     prepared in accordance with the act of May 23, 1945 (P.L.913,
    12     No.367), known as the "Engineer, Land Surveyor and Geologist
    13     Registration Law," except that this requirement shall not
    14     preclude the preparation of a plat in accordance with the act
    15     of January 24, 1966 (1965 P.L.1527, No.535), known as the
    16     "Landscape Architects' Registration Law," when it is
    17     appropriate to prepare the plat using professional services
    18     as set forth in the definition of the "practice of landscape
    19     architecture" under section 2 of that act. Review fees may
    20     include reasonable and necessary charges by the
    21     municipality's professional consultants or engineer for
    22     review and report thereon to the municipality and fees paid
    23     to an attorney engaged by the municipality for services
    24     related to a review of plats or development plans submitted
    25     to the municipality. Such review fees shall be based upon a
    26     schedule established by ordinance or resolution. Such review
    27     fees shall be reasonable and in accordance with the ordinary
    28     and customary charges by the municipal engineer or consultant
    29     or attorney for similar service in the community, but in no
    30     event shall the fees exceed the rate or cost charged by the
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     1     engineer or consultant or attorney to the municipalities when
     2     fees are not reimbursed or otherwise imposed on applicants.
     3             (i)  In the event the applicant disputes the amount
     4         of any such review fees, the applicant shall, within 14
     5         days of the applicant's receipt of the bill, notify the
     6         municipality that such fees are disputed, in which case
     7         the municipality shall not delay or disapprove a
     8         subdivision or land development application due to the
     9         applicant's request over disputed fees.
    10             (ii)  In the event that the municipality and the
    11         applicant cannot agree on the amount of review fees which
    12         are reasonable and necessary, then the applicant and the
    13         municipality shall follow the procedure for dispute
    14         resolution set forth in section 510(g), provided that the
    15         professionals resolving such dispute shall be of the same
    16         profession or discipline as the [consultants]
    17         professionals whose fees are being disputed.
    18     * * *
    19     Section 2.  This act shall take effect in 60 days.








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