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                                                      PRINTER'S NO. 1541



No. 1280 Session of 2007

           MAY 8, 2007


                                     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 defining "traditional neighborhood
    21     development"; further providing for grants of power to
    22     municipalities, for standards and conditions for traditional
    23     neighborhood development designations and for manuals of
    24     written and graphic design guidelines; and providing for
    25     subdivision and land development ordinance provisions
    26     applicable to traditional neighborhood development.

    27     The General Assembly of the Commonwealth of Pennsylvania

     1  hereby enacts as follows:
     2     Section 1.  The definition of "traditional neighborhood
     3  development" in section 107(a) of the act of July 31, 1968
     4  (P.L.805, No.247), known as the Pennsylvania Municipalities
     5  Planning Code, reenacted and amended December 21, 1988
     6  (P.L.1329, No.170) and added June 22, 2000 (P.L.495, No.68), is
     7  amended to read:
     8     Section 107.  Definitions.--(a)  The following words and
     9  phrases when used in this act shall have the meanings given to
    10  them in this subsection unless the context clearly indicates
    11  otherwise:
    12     * * *
    13     "Traditional neighborhood development," an area of land
    14  typically developed for a compatible mixture of residential
    15  units for various income levels and nonresidential commercial
    16  and workplace uses, including some structures that provide for a
    17  mix of uses within the same building. Residences, shops,
    18  offices, workplaces, public buildings and parks are interwoven
    19  within the neighborhood so that all are within relatively close
    20  proximity to each other. Traditional neighborhood development is
    21  relatively compact[, limited in size] and oriented toward
    22  pedestrian activity. It has an identifiable center and a
    23  discernible edge. The center of the neighborhood is in the form
    24  of a public park, commons, plaza, square or prominent
    25  intersection of two or more major streets. Generally, there is a
    26  hierarchy of streets laid out [in a rectilinear or grid pattern
    27  of interconnecting] with an interconnected network of streets
    28  and blocks that provides multiple routes from origins to
    29  destinations and are appropriately designed to serve the needs
    30  of pedestrians and vehicles equally.
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     1     * * *
     2     Section 2.  Sections 702-A, 706-A(d) and 708-A of the act,
     3  added June 22, 2000 (P.L.495, No.68), are amended to read:
     4     Section 702-A.  Grant of Power.--The governing body of each
     5  municipality may enact, amend and repeal provisions of a zoning
     6  ordinance in order to fix standards and conditions for
     7  traditional neighborhood development. The provisions for
     8  standards and conditions for traditional neighborhood
     9  development shall be included within the zoning ordinance, and
    10  the enactment of the traditional neighborhood development
    11  provisions shall be in accordance with the procedures required
    12  for the enactment of an amendment of a zoning ordinance as
    13  provided in Article VI. The provisions shall:
    14         (1)  Set forth the standards, conditions and regulations
    15     for a traditional neighborhood development consistent with
    16     this article.
    17             (i)  [In the case of new development, a traditional
    18         neighborhood development designation shall be in the form
    19         of an overlay zone. Such an overlay zone does not need to
    20         be considered a conditional use by the municipality if it
    21         chooses not to.]
    22             (ii)  [In the case of either an outgrowth or
    23         extension of existing development or urban infill, a] A
    24         traditional neighborhood development designation may be
    25         either in the form of an overlay zone or as an outright
    26         designation, whichever the municipality decides.
    27         [Outgrowths or extensions of existing development may
    28         include development of a contiguous municipality.]
    29             (iii)  Whenever a traditional neighborhood
    30         development designation is an outright designation, it
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     1         may be a permitted use in an existing district or in a
     2         proposed new district.
     3         (2)  Set forth the procedures pertaining to the
     4     application for, hearing on and preliminary and final
     5     approval of a traditional neighborhood development which
     6     shall be consistent with this article for those applications
     7     and hearings.
     8     Section 706-A.  Standards and Conditions for Traditional
     9  Neighborhood Development.--* * *
    10     (d)  The provisions adopted pursuant to this article shall
    11  establish standards governing the density or intensity of land
    12  use in a traditional neighborhood development. The standards may
    13  vary the density or intensity of land use otherwise applicable
    14  to the land under the provisions of a zoning ordinance of the
    15  municipality within the traditional neighborhood development. It
    16  is recommended that the provisions adopted by the municipality
    17  pursuant to this article include, but not be limited to, all of
    18  the following:
    19         (1)  The amount, location and proposed use of common open
    20     space, providing for parks to be distributed throughout the
    21     neighborhood as well as the establishment of a centrally
    22     located public commons, square, park, plaza or prominent
    23     intersection of two or more major streets.
    24         (2)  The location and physical characteristics of the
    25     site of the proposed traditional neighborhood development,
    26     providing for the retaining and enhancing, where practicable,
    27     of natural features such as wetlands, ponds, lakes,
    28     waterways, trees of high quality, significant tree stands and
    29     other significant natural features. These significant natural
    30     features should be at least partially fronted by public
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     1     tracts whenever possible.
     2         (3)  The location and physical characteristics of the
     3     site of the proposed traditional neighborhood development so
     4     that it will develop out of the location of squares, parks
     5     and other neighborhood centers and subcenters. Zoning changes
     6     in building type should generally occur at mid-block rather
     7     than mid-street, and buildings should tend to be zoned by
     8     compatibility of building type rather than building use. The
     9     proposed traditional neighborhood development should be
    10     designed to work with the topography of the site to minimize
    11     the amount of grading necessary to achieve a street network,
    12     and some significant high points of the site should be set
    13     aside for public tracts for the location of public buildings
    14     or other public facilities.
    15         (4)  The location, design, type and use of structures
    16     proposed, with most structures being placed close to the
    17     street at generally the equivalent of one-quarter the width
    18     of the lot or less. The distance between the sidewalk and
    19     residential dwellings should, as a general rule, be occupied
    20     by a semipublic attachment such as a porch or, at a minimum,
    21     a covered entryway.
    22         (5)  The location, design, type and use of streets,
    23     alleys, sidewalks and other public rights-of-way with a
    24     hierarchy of streets laid out [in a rectilinear or grid
    25     pattern of interconnecting] with an interconnected network of
    26     streets and blocks that provide multiple routes from origins
    27     to destinations and are appropriately designed to serve the
    28     needs of pedestrians and vehicles equally. As such, most
    29     streets, except alleys, should have sidewalks.
    30         (6)  The location for vehicular parking with the street
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     1     plan providing for on-street parking for most streets, with
     2     the exception of alleys. All parking lots, except where there
     3     is a compelling reason to the contrary, should be located
     4     either behind or to the side of buildings and in most cases
     5     should be located toward the center of blocks such that only
     6     their access is visible from adjacent streets. In most cases,
     7     structures located on lots smaller than 50 feet in width
     8     should be served by a rear alley with all garages fronting on
     9     alleys. Garages not served by an alley should be set back [a
    10     minimum of 20 feet] from the front of the house or rotated so
    11     that the garage doors do not face any adjacent streets.
    12         (7)  The minimum and maximum areas and dimensions of the
    13     properties and common open space within the proposed
    14     traditional neighborhood development and the approximate
    15     distance from the center to the edge of the traditional
    16     neighborhood development. It is recommended that the distance
    17     from the center to the edge of the traditional neighborhood
    18     development be approximately one-quarter mile or less and not
    19     more than one-half mile. Traditional neighborhood
    20     developments in excess of one-half mile distance from center
    21     to edge should be divided into two or more developments.
    22         (8)  The site plan to provide for either a natural or
    23     man-made corridor to serve as the edge of the neighborhood.
    24     When standing alone, the traditional neighborhood development
    25     should front on open space to serve as its edge. Such open
    26     space may include, but is not limited to, parks, a golf
    27     course, cemetery, farmland or natural settings such as
    28     woodlands or waterways. When adjacent to existing
    29     development, the traditional neighborhood development should
    30     either front on open space, a street or roadway or any
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     1     combination hereof.
     2         (9)  The greatest density of housing and the
     3     preponderance of office and commercial uses should be located
     4     [in the center of] to anchor the traditional neighborhood
     5     development. [However, if] If the neighborhood is adjacent to
     6     existing development or a major roadway then office,
     7     commercial and denser residential uses may be located at
     8     either the edge or the center, or both. Commercial uses
     9     located at the edge of the traditional neighborhood
    10     development may be located adjacent to similar commercial
    11     uses in order to form a greater commercial corridor.
    12     * * *
    13     Section 708-A.  Manual of Written and Graphic Design
    14  Guidelines.--Where it has adopted provisions for a traditional
    15  neighborhood development, the governing body of a municipality
    16  may also adopt [by ordinance], upon review and recommendation of
    17  the planning commission where one exists, a manual of written
    18  and graphic design guidelines [to assist applicants in the
    19  preparation of proposals for a traditional neighborhood
    20  development]. The manual may be included in the zoning ordinance
    21  or the subdivision and land development ordinance or in both.
    22     Section 3.  The act is amended by adding a section to read:
    23     Section 708.1-A.  Subdivision and Land Development Ordinance
    24  Provisions Applicable to Traditional Neighborhood Development.--
    25  The municipality may enact subdivision and land development
    26  ordinance provisions applicable to a traditional neighborhood
    27  development to address the design standards that are appropriate
    28  to a traditional neighborhood development, including, but not
    29  limited to, compactness, pedestrian orientation, street geometry
    30  or other small scale design features. The provisions may be
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     1  included as part of any ordinance pertaining to traditional
     2  neighborhood development and may be subject to modification
     3  similar to section 512.1.
     4     Section 4.  This act shall take effect in 60 days.

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