THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY FREEMAN, HENNESSEY, HOUGHTON, SANTARSIERO, BOYD, BRENNAN, COHEN, CREIGHTON, CUTLER, DALLY, DERMODY, FABRIZIO, GEIST, GINGRICH, GRUCELA, HARKINS, HORNAMAN, KORTZ, MAHONEY, McGEEHAN, MILNE, MURT, O'NEILL, REICHLEY, SCAVELLO, SIPTROTH, K. SMITH, STURLA, SWANGER, YOUNGBLOOD, YUDICHAK, MARSHALL AND CALTAGIRONE, JUNE 3, 2009

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 23, 2009   

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 defining "traditional neighborhood

development"; further providing for grant of power to

municipalities, for standards and conditions for traditional

neighborhood development designations and for manuals of

written and graphic design guidelines; and providing for

subdivision and land development ordinance provisions

applicable to traditional neighborhood development.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "traditional neighborhood

development" in section 107(a) 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) and added June 22, 2000 (P.L.495, No.68), is

amended to read:

Section 107.  Definitions.--(a)  The following words and

phrases when used in this act shall have the meanings given to

them in this subsection unless the context clearly indicates

otherwise:

* * *

"Traditional neighborhood development," an area of land

typically developed for a compatible mixture of residential

units for various income levels and nonresidential commercial

and workplace uses, including some structures that provide for a

mix of uses within the same building. Residences, shops,

offices, workplaces, public buildings and parks are interwoven

within the neighborhood so that all are within relatively close

proximity to each other. Traditional neighborhood development is

relatively compact[, limited in size] and oriented toward

pedestrian activity. It has an identifiable center and a

discernible edge. The center of the neighborhood is in the form

of a public park, commons, plaza, square or prominent

intersection of two or more major streets. Generally, there is a

hierarchy of streets laid out [in a rectilinear or grid pattern

of interconnecting] with an interconnected network of streets

and blocks that provides multiple routes from origins to

destinations and are appropriately designed to serve the needs

of pedestrians and vehicles equally.

* * *

Section 2.  Sections 702-A, 706-A(d) and 708-A of the act,

added June 22, 2000 (P.L.495, No.68), are amended to read:

Section 702-A.  Grant of Power.--The governing body of each

municipality may enact, amend and repeal provisions of a zoning

ordinance in order to fix standards and conditions for

traditional neighborhood development. The provisions for

standards and conditions for traditional neighborhood

development shall be, except as otherwise provided in this

article, consistent with Article VI and shall be included within

the zoning ordinance, and the enactment of the traditional

neighborhood development provisions shall be in accordance with

the procedures required for the enactment of an amendment of a

zoning ordinance as provided in Article VI. The provisions

shall:

(1)  Set forth the standards, conditions and regulations

for a traditional neighborhood development consistent with

this article. A zoning ordinance or amendment may authorize

and provide standards, conditions and regulations for

traditional neighborhood development that:

(i)  designate a part or parts of the municipality as

a district or districts which are reserved exclusively

for traditional neighborhood development; or

(ii)  permit the creation of a traditional

neighborhood development in any part of the municipality

or in one or more specified zoning districts.

[(i)  In the case of new development, a traditional

neighborhood development designation shall be in the form

of an overlay zone. Such an overlay zone does not need to

be considered a conditional use by the municipality if it

chooses not to.

(ii)  In the case of either an outgrowth or extension

of existing development or urban infill, a traditional

neighborhood development designation may be either in the

form of an overlay zone or as an outright designation,

whichever the municipality decides. Outgrowths or

extensions of existing development may include

development of a contiguous municipality.]

(2)  Set forth the procedures pertaining to the

application for, hearing on and preliminary and final

approval of a traditional neighborhood development which

shall be consistent with this article for those applications

and hearings.

Section 706-A.  Standards and Conditions for Traditional

Neighborhood Development.--* * *

(d)  The provisions adopted pursuant to this article shall

establish standards governing the density or intensity of land

use in a traditional neighborhood development. The standards may

vary the density or intensity of land use otherwise applicable

to the land under the provisions of a zoning ordinance of the

municipality within the traditional neighborhood development. It

is recommended that the provisions adopted by the municipality

pursuant to this article include, but not be limited to, all of

the following:

(1)  The amount, location and proposed use of common open

space, providing for parks to be distributed throughout the

neighborhood as well as the establishment of a centrally

located public commons, square, park, plaza or prominent

intersection of two or more major streets.

(2)  The location and physical characteristics of the

site of the proposed traditional neighborhood development,

providing for the retaining and enhancing, where practicable,

of natural features such as wetlands, ponds, lakes,

waterways, trees of high quality, significant tree stands and

other significant natural features. These significant natural

features should be at least partially fronted by public

tracts whenever possible.

(3)  The location and physical characteristics of the

site of the proposed traditional neighborhood development so

that it will develop out of the location of squares, parks

and other neighborhood centers and subcenters. Zoning changes

in building type should generally occur at mid-block rather

than mid-street, and buildings should tend to be zoned by

compatibility of building type rather than building use. The

proposed traditional neighborhood development should be

designed to work with the topography of the site to minimize

the amount of grading necessary to achieve a street network,

and some significant high points of the site should be set

aside for public tracts for the location of public buildings

or other public facilities.

(4)  The location, design, type and use of structures

proposed, with most structures being placed close to the

street at generally the equivalent of one-quarter the width

of the lot or less. The distance between the sidewalk and

residential dwellings should, as a general rule, be occupied

by a semipublic attachment such as a porch or, at a minimum,

a covered entryway.

(5)  The location, design, type and use of streets,

alleys, sidewalks and other public rights-of-way with a

hierarchy of streets laid out [in a rectilinear or grid

pattern of interconnecting] with an interconnected network of 

streets and blocks that provide multiple routes from origins

to destinations and are appropriately designed to serve the

needs of pedestrians and vehicles equally. As such, most

streets, except alleys, should have sidewalks.

(6)  The location for vehicular parking with the street

plan providing for on-street parking for most streets, with

the exception of alleys. All parking lots, except where there

is a compelling reason to the contrary, should be located

either behind or to the side of buildings and in most cases

should be located toward the center of blocks such that only

their access is visible from adjacent streets. In most cases,

structures located on lots smaller than 50 feet in width

should be served by a rear alley with all garages fronting on

alleys. Garages not served by an alley should be set back [a

minimum of 20 feet] from the front of the house or rotated so

that the garage doors do not face any adjacent streets.

(7)  The minimum and maximum areas and dimensions of the

properties and common open space within the proposed

traditional neighborhood development and the approximate

distance from the center to the edge of the traditional

neighborhood development. It is recommended that the distance

from the center to the edge of the traditional neighborhood

development be approximately one-quarter mile or less and not

more than one-half mile. Traditional neighborhood

developments in excess of one-half mile distance from center

to edge should be divided into two or more developments.

(8)  The site plan to provide for either a natural or

man-made corridor to serve as the edge of the neighborhood.

When standing alone, the traditional neighborhood development

should front on open space to serve as its edge. Such open

space may include, but is not limited to, parks, a golf

course, cemetery, farmland or natural settings such as

woodlands or waterways. When adjacent to existing

development, the traditional neighborhood development should

either front on open space, a street or roadway or any

combination hereof.

(9)  The greatest density of housing and the

preponderance of office and commercial uses should be located

[in the center of] to anchor the traditional neighborhood

development. [However, if] If the neighborhood is adjacent to

existing development or a major roadway then office,

commercial and denser residential uses may be located at

either the edge or the center, or both. Commercial uses

located at the edge of the traditional neighborhood

development may be located adjacent to similar commercial

uses in order to form a greater commercial corridor.

* * *

Section 708-A.  Manual of Written and Graphic Design

Guidelines.--Where it has adopted provisions for [a] traditional

<--

neighborhood development, the governing body of a municipality

may also [adopt [by ordinance] provide, upon review and

<--

recommendation of the planning commission where one exists, a

manual of written and graphic design guidelines [to assist

applicants in the preparation of proposals for a traditional

neighborhood development]. The manual may be included in or

<--

amended into the subdivision and land development ordinance, the

zoning ordinance or in both.

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Section 3.  The act is amended by adding a section to read:

Section 708.1-A.  Subdivision and Land Development Ordinance

Provisions Applicable to Traditional Neighborhood Development.--

The municipality may enact subdivision and land development

ordinance provisions applicable to a traditional neighborhood

development to address the design standards that are appropriate

to a traditional neighborhood development, including, but not

limited to, compactness, pedestrian orientation, street geometry

or other related design features. The provisions may be included

as part of any ordinance pertaining to traditional neighborhood

development and may be subject to modification similar to

section 512.1.

Section 4.  This act shall take effect in 60 days.