Amendment 5126 to House Bill 782 P.N. 0731, Regular Session 2023-2024

H0782B0731A05126 DMS:AAS 06/24/24 #90 A05126

AMENDMENTS TO HOUSE BILL NO. 782

Sponsor: REPRESENTATIVE FREEMAN

Printer's No. 731

Amend Bill, page 1, line 20, by inserting after "acts,""

in subdivision and land development, providing for potentially

impacted municipalities and further providing for approval of

plats and for completion of improvements or guarantee thereof

prerequisite to final plat approval;

Amend Bill, page 1, lines 26 through 28, by striking out all

of said lines and inserting

Section 1. The act of July 31, 1968 (P.L.805, No.247), known

as the Pennsylvania Municipalities Planning Code, is amended by

adding a section to read:

Section 502.2. Potentially Impacted Municipalities.--(a) A

person who proposes a subdivision or development of land shall,

within 10 days of submitting an application for preliminary plat

approval, inform the county or regional planning commission and

the governing body of each contiguous municipality in writing

that the person's application may constitute a development of

regional significance and impact if the application proposes a

development listed under section 506-B(b).

(b) Within 30 days of receiving a notification under

subsection (a), the potentially impacted municipality may, in

writing, request that the reviewing governing body or planning

agency, as the case may be, require the submission of an impact

analysis under section 507-B.

Section 2. Section 508 of the act is amended by adding a

paragraph to read:

Section 508. Approval of Plats.--All applications for

approval of a plat (other than those governed by Article VII),

whether preliminary or final, shall be acted upon by the

governing body or the planning agency within such time limits as

may be fixed in the subdivision and land development ordinance

but the governing body or the planning agency shall render its

decision and communicate it to the applicant not later than 90

days following the date of the regular meeting of the governing

body or the planning agency (whichever first reviews the

application) next following the date the application is filed or

after a final order of court remanding an application, provided

that should the said next regular meeting occur more than 30

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days following the filing of the application or the final order

of the court, the said 90-day period shall be measured from the

30th day following the day the application has been filed.

* * *

(8) If the governing body, or planning agency designated

to review applications under this article, requires an

applicant to prepare and remit an impact analysis under

Article V-B within 45 days of receipt of a preliminary

application for approval of a plat, the period for review

under this section shall not begin until the municipality

determines that the proposed development is not a development

of regional significance and impact or the applicant submits

a written mitigation plan under section 509-B. If a

municipality determines that the proposed development is not

a development of regional significance and impact, the period

of review shall be 90 days and begin on the date that the

decision is communicated to the applicant. If a mitigation

plan is required, the period of review shall be 120 days and

shall begin on the date that the applicant submits the

mitigation plan.

Section 3. Section 509(a) of the act is amended to read:

Section 509. Completion of Improvements or Guarantee Thereof

Prerequisite to Final Plat Approval.--(a) [No] In addition to

any condition imposed by a decision under section 511-B(d)(2),

no plat shall be finally approved unless the streets shown on

such plat have been improved to a mud-free or otherwise

permanently passable condition, or improved as may be required

by the subdivision and land development ordinance and any

walkways, curbs, gutters, street lights, fire hydrants, shade

trees, water mains, sanitary sewers, storm sewers and other

improvements as may be required by the subdivision and land

development ordinance have been installed in accordance with

such ordinance. In lieu of the completion of any improvements

required as a condition for the final approval of a plat,

including improvements or fees required pursuant to section

509(i), the subdivision and land development ordinance shall

provide for the deposit with the municipality of financial

security in an amount sufficient to cover the costs of such

improvements or common amenities including, but not limited to,

roads, storm water detention and/or retention basins and other

related drainage facilities, recreational facilities, open space

improvements, or buffer or screen plantings which may be

required. The applicant shall not be required to provide

financial security for the costs of any improvements for which

financial security is required by and provided to the Department

of Transportation in connection with the issuance of a highway

occupancy permit pursuant to section 420 of the act of June 1,

1945 (P.L.1242, No.428), known as the "State Highway Law."

* * *

Section 4. The act is amended by adding an article to read:

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Amend Bill, page 2, line 1, by striking out "VI-A" and

inserting

V-B

Amend Bill, page 2, line 3, by striking out "601-A" and

inserting

501-B

Amend Bill, page 2, line 20, by striking out "602-A" and

inserting

502-B

Amend Bill, page 3, by inserting between lines 16 and 17

"Warehouse facility." A logistical, storage or distribution

facility, including a truck terminal, fulfillment center or

facility containing cross docking operations.

Amend Bill, page 3, line 21, by striking out "603-A" and

inserting

503-B

Amend Bill, page 3, line 25, by striking out "604-A" and

inserting

504-B

Amend Bill, page 3, line 26, by inserting before "This"

(a) General rule.--

Amend Bill, page 4, by inserting between lines 10 and 11

(b) Scope.--If a land development specified in section 506-B

requires access to a State highway, nothing in this article

shall be construed to supersede the department's exclusive

jurisdiction over the State highway system or to modify the

requirements in the department's regulations relating to highway

occupancy permits. A developer seeking access to a State highway

must submit a complete highway occupancy permit application to

the department's electronic permitting system, including the

submission of a transportation impact study in accordance with

the department's guidelines.

Amend Bill, page 4, lines 11 through 25, by striking out all

of said lines and inserting

Section 505-B. (Reserved).

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Section 506-B. Impact analysis.

(a) The governing body of a host municipality, or the

planning agency designated to review applications under Article

V on behalf of a host municipality, shall require an applicant

to prepare and submit an impact analysis under section 507-B as

a condition of receiving preliminary approval for land

development if the governing body or planning agency determines

that it is reasonably likely that subsection (b) applies or the

governing body or planning agency has received a notification

from a county or regional planning agency under section

502.2(b).

Amend Bill, page 4, line 27, by striking out "607-A is" and

inserting

507-B shall be

Amend Bill, page 5, by inserting between lines 16 and 17

(6.1) a warehouse facility that creates a significant

degradation in the level of service with respect to traffic

impact as determined by regulations established by the

department;

Amend Bill, page 5, line 29, by striking out "or"

Amend Bill, page 6, lines 6 through 30; page 7, lines 1

through 19; by striking out the period in line 6, all of lines 7

through 30 on page 6 and all of lines 1 through 19 on page 7 and

inserting

; or

(10) a land development within a host municipality that

will result in:

(i) In the case of a municipality with a population

of 10,000 or more as determined by the most current

decennial census:

(A) the generation of 3,000 or more average

daily trips or 1,500 vehicles per day; or

(B) a significant impact on highway safety or

traffic flow, as determined by standards established

by the department.

(ii) In the case of a municipality with a population

of less than 10,000 as determined by the most current

decennial census:

(A) a significant impact on highway safety or

traffic flow, as determined by standards established

by the department;

(B) the generation of 3,000 or more average

daily trips or 1,500 vehicles per day;

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entering or exiting the development during any one-

hour time period of any day of the week; or

(D) for an existing site being redeveloped, the

generation of 100 or more additional vehicle trips

entering or exiting the development during any one-

hour time period of any day of the week.

Amend Bill, page 7, line 20, by striking out "607-A" and

inserting

507-B

Amend Bill, page 7, line 22, by striking out "606-A" and

inserting

506-B

Amend Bill, page 7, by inserting between lines 28 and 29

(1) A list of contiguous and affected municipalities and

counties as determined by the applicant.

Amend Bill, page 7, line 29, by striking out "(1)" and

inserting

(1.1)

Amend Bill, page 8, by inserting between lines 25 and 26

(d) Distribution.--The impact analysis shall be distributed

to all contiguous and affected municipalities and counties as

described in subsection (c)(1) at least 10 days prior to the

public hearing in section 508-B.

Amend Bill, page 8, line 26, by striking out "608-A" and

inserting

508-B

Amend Bill, page 9, line 6, by striking out "607-A" and

inserting

507-B

Amend Bill, page 9, line 14, by striking out "607-A" and

inserting

507-B

Amend Bill, page 9, line 22, by striking out "Determination"

and inserting

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Decision

Amend Bill, page 9, line 23, by striking out "determines" and

inserting

decides

Amend Bill, page 9, line 28, by inserting after "shall"

issue its decision in writing and

Amend Bill, page 9, line 29, by striking out "determination"

and inserting

decision

Amend Bill, page 10, by inserting between lines 3 and 4

(e) Waiver.--The requirements of subsections (a), (b) and

host municipality's proposed designation that the application

constitutes a development of regional significance and impact

for the purposes of this article.

Amend Bill, page 10, line 4, by striking out "609-A" and

inserting

509-B

Amend Bill, page 10, line 11, by striking out "608-A" and

inserting

508-B

Amend Bill, page 10, line 26, by striking out "610-A" and

inserting

510-B

Amend Bill, page 12, line 16, by striking out "611-A" and

inserting

511-B

Amend Bill, page 12, line 16, by striking out "determination"

and inserting

decision

Amend Bill, page 13, line 9, by striking out "607-A" and

inserting

507-B

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Amend Bill, page 13, line 11, by striking out "609-A" and

inserting

509-B

Amend Bill, page 13, line 24, by striking out "Determination"

and inserting

Decision

Amend Bill, page 13, line 26, by inserting after

"municipality"

shall render a decision under this section within 120 days

of the submission of the mitigation plan. The host

municipality's decision

Amend Bill, page 13, line 29, by striking out "reasonable and

necessary" and inserting

reasonably fashioned

Amend Bill, page 14, line 2, by inserting after

"development."

A condition may include offsite improvements to public

facilities.

Amend Bill, page 14, line 23, by striking out "determination"

and inserting

decision

Amend Bill, page 14, by inserting between lines 23 and 24

(f) Conditions of approval.--A condition imposed under

subsection (d)(2) shall be deemed an improvement or other

condition necessary for final approval under section 509.

Amend Bill, page 14, line 24, by striking out "612-A" and

inserting

512-B

Amend Bill, page 14, line 25, by inserting before "Nothing"

(a) Ordinance.--

Amend Bill, page 14, line 27, by inserting after "article"

by ordinance

Amend Bill, page 14, line 29, by striking out "606-A" and

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inserting

506-B

Amend Bill, page 15, line 1, by striking out "607-A(c)" and

inserting

507-B(c)

Amend Bill, page 15, line 3, by striking out "608-A" and

inserting

508-B

Amend Bill, page 15, line 4, by striking out "611-A(b)" and

inserting

511-B(b)

Amend Bill, page 15, by inserting between lines 4 and 5

(b) Adoption of ordinance.--

(1) Before voting on the enactment or amendment of a

proposed ordinance under this section, the governing body

shall hold a public hearing on the proposed ordinance

pursuant to public notice. A brief summary stating the

principal provisions of the proposed ordinance and a

reference to the place within the municipality where copies

of the proposed ordinance may be secured or examined shall be

incorporated in the public notice.

(2) Unless the proposed ordinance was prepared by the

planning agency, the governing body shall submit the

ordinance to the planning agency at least 30 days prior to

the hearing on the ordinance to provide the planning agency

an opportunity to submit recommendations.

(3) If a county or regional planning agency exists for

the county in which the municipality adopting the ordinance

is located, then, at least 30 days prior to the public

hearing on the ordinance, the municipality shall submit the

proposed ordinance to the county or regional planning agency

for recommendations.

(4) Within 30 days after adoption, the governing body of

a municipality, other than a county, shall forward a

certified copy of the ordinance to the county planning agency

or, in a county where no planning agency exists, to the

governing body of the county in which the municipality is

located.

applications as provided in section 508(4).

Amend Bill, page 15, line 5, by striking out "613-A" and

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inserting

513-B

Amend Bill, page 15, line 12, by striking out "Tax" and

inserting

Revenue

Amend Bill, page 15, line 12, by striking out "tax" and

inserting

revenue

Amend Bill, page 15, line 24, by striking out "614-A" and

inserting

514-B

Amend Bill, page 15, line 26, by striking out "determination"

and inserting

decision

Amend Bill, page 16, line 3, by striking out "615-A" and

inserting

515-B

Amend Bill, page 16, line 4, by striking out "determination"

and inserting

decision

Amend Bill, page 16, line 5, by striking out "611-A" and

inserting

511-B

Amend Bill, page 16, line 7, by striking out "determination"

and inserting

decision

Amend Bill, page 16, line 11, by striking out "determination"

and inserting

decision

Amend Bill, page 16, line 12, by striking out "611-A" and

inserting

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511-B

Amend Bill, page 16, line 16, by striking out "2" and

inserting

Amend Bill, page 16, line 25, by striking out "VI-A" and

inserting

V-B

Amend Bill, page 16, line 26, by striking out "3" and

inserting

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