PRIOR PRINTER'S NO. 340 PRINTER'S NO. 3121
No. 13 Session of 1999
INTRODUCED BY STEIL, FREEMAN, YOUNGBLOOD, STURLA, KREBS, MASLAND, MAITLAND, LEVDANSKY, HERSHEY, PLATTS, MUNDY, ARGALL, ORIE, McILHINNEY, CORRIGAN, TRELLO, CLYMER, E. Z. TAYLOR, BELARDI, BARRAR, MELIO, HARHAI, VAN HORNE, RUBLEY, DALLY, BATTISTO, WILLIAMS, S. MILLER, BARD, STEELMAN, ADOLPH, FRANKEL AND GRUCELA, FEBRUARY 8, 1999
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 14, 2000
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 the purpose of the act; 21 adding certain definitions; further providing for various 22 matters relating to the comprehensive plan and for compliance 23 by counties; providing for funding for municipal planning; 24 providing for neighboring municipalities, for infrastructure 25 and public services and for county review; further providing 26 for certain ordinances; and adding provisions relating to 27 projects of regional impact. 28 AMENDING THE ACT OF JULY 31, 1968 (P.L.805, NO.247), ENTITLED, <-- 29 AS AMENDED, "AN ACT TO EMPOWER CITIES OF THE SECOND CLASS A,
1 AND THIRD CLASS, BOROUGHS, INCORPORATED TOWNS, TOWNSHIPS OF 2 THE FIRST AND SECOND CLASSES INCLUDING THOSE WITHIN A COUNTY 3 OF THE SECOND CLASS AND COUNTIES OF THE SECOND THROUGH EIGHTH 4 CLASSES, INDIVIDUALLY OR JOINTLY, TO PLAN THEIR DEVELOPMENT 5 AND TO GOVERN THE SAME BY ZONING, SUBDIVISION AND LAND 6 DEVELOPMENT ORDINANCES, PLANNED RESIDENTIAL DEVELOPMENT AND 7 OTHER ORDINANCES, BY OFFICIAL MAPS, BY THE RESERVATION OF 8 CERTAIN LAND FOR FUTURE PUBLIC PURPOSE AND BY THE ACQUISITION 9 OF SUCH LAND; TO PROMOTE THE CONSERVATION OF ENERGY THROUGH 10 THE USE OF PLANNING PRACTICES AND TO PROMOTE THE EFFECTIVE 11 UTILIZATION OF RENEWABLE ENERGY SOURCES; PROVIDING FOR THE 12 ESTABLISHMENT OF PLANNING COMMISSIONS, PLANNING DEPARTMENTS, 13 PLANNING COMMITTEES AND ZONING HEARING BOARDS, AUTHORIZING 14 THEM TO CHARGE FEES, MAKE INSPECTIONS AND HOLD PUBLIC 15 HEARINGS; PROVIDING FOR MEDIATION; PROVIDING FOR TRANSFERABLE 16 DEVELOPMENT RIGHTS; PROVIDING FOR APPROPRIATIONS, APPEALS TO 17 COURTS AND PENALTIES FOR VIOLATIONS; AND REPEALING ACTS AND 18 PARTS OF ACTS," FURTHER PROVIDING FOR THE PURPOSE OF THE ACT; 19 ADDING CERTAIN DEFINITIONS; FURTHER PROVIDING FOR VARIOUS 20 MATTERS RELATING TO THE COMPREHENSIVE PLAN AND FOR COMPLIANCE 21 BY COUNTIES; PROVIDING FOR FUNDING FOR MUNICIPAL PLANNING; 22 PROVIDING FOR NEIGHBORING MUNICIPALITIES, FOR INFRASTRUCTURE 23 AND PUBLIC SERVICES AND FOR COUNTY REVIEW; FURTHER PROVIDING 24 FOR CERTAIN ORDINANCES; ADDING PROVISIONS RELATING TO 25 PROJECTS OF REGIONAL IMPACT; AND PROVIDING FOR TRADITIONAL 26 NEIGHBORHOOD DEVELOPMENT. 27 The General Assembly of the Commonwealth of Pennsylvania 28 hereby enacts as follows: 29 Section 1. Section 105 of the act of July 31, 1968 (P.L.805, <-- 30 No.247), known as the Pennsylvania Municipalities Planning Code, 31 reenacted and amended December 21, 1988 (P.L.1329, No.170), is 32 amended to read: 33 Section 105. Purpose of Act.--It is the intent, purpose and 34 scope of this act to protect and promote safety, health and 35 morals; to accomplish coordinated development; to provide for 36 the general welfare by guiding and protecting amenity, 37 convenience, future governmental, economic, practical, and 38 social and cultural facilities, development and growth, as well 39 as the improvement of governmental processes and functions; to 40 guide uses of land and structures, type and location of streets, 41 public grounds and other facilities; to promote the conservation 42 of energy through the use of planning practices and to promote 19990H0013B3121 - 2 -
1 the effective utilization of renewable energy sources; to 2 promote the preservation of this Commonwealth's natural 3 resources, open space and valuable farmland; to encourage 4 municipalities to prepare municipal or joint municipal 5 comprehensive plans consistent with the county policy plan; to 6 encourage the preservation of agricultural land areas through 7 easements, transfer of development rights and rezoning; to 8 encourage the revitalization of established urban centers; and 9 to permit municipalities to minimize such problems as may 10 presently exist or which may be foreseen. 11 Section 2. Section 107 of the act is amended by adding 12 definitions to read: 13 Section 107. Definitions.--(a) The following words and 14 phrases when used in this act shall have the meanings given to 15 them in this subsection unless the context clearly indicates 16 otherwise: 17 * * * 18 "Consistent," that which any two or more governmental bodies 19 of lands which abut shall agree is consistent with each other's 20 comprehensive plan, is deemed to be consistent with the 21 comprehensive plan of each. 22 * * * 23 "County policy plan," a land use and growth management policy 24 plan prepared by the county planning commission which 25 establishes broad goals and criteria for municipalities to use 26 in preparation of their comprehensive plans and land use 27 regulation and which is consistent with the State policy plan. 28 * * * 29 "Multimunicipal planning agency," a planning agency comprised 30 of representatives of more than one municipality and constituted 19990H0013B3121 - 3 -
1 to address, on behalf of the participating municipalities, 2 regional issues, including, but not limited to, agricultural and 3 open space preservation, natural and cultural resources, 4 transportation, housing and economic development. 5 * * * 6 "Regional planning agency," a planning agency that is 7 comprised of representatives of more than one county. Regional 8 planning responsibilities shall include, but not be limited to, 9 providing technical assistance to counties and municipalities, 10 preparing a regional plan consistent with the State policy plan, 11 mediating conflicts across county lines and reviewing county 12 policy plans for consistency with one another. 13 * * * 14 "State policy plan," a comprehensive land use and growth 15 management policy plan prepared by the State Planning Board for 16 this Commonwealth which sets broad goals and criteria for 17 municipalities and counties to use in the preparation of their 18 comprehensive plans and land use regulation. 19 * * * 20 Section 3. The act is amended by adding a section to read: 21 Section 212. Intergovernmental Cooperation.--The governing 22 body may utilize the authority granted under 53 Pa.C.S. Pt. III 23 Subpt. D (relating to area government and intergovernmental 24 cooperation). 25 Section 4. Sections 301 and 301.4 of the act are amended to 26 read: 27 Section 301. Preparation of Comprehensive Plan.--(a) The 28 comprehensive plan, consisting of maps, charts and textual 29 matter, shall include, but need not be limited to, the following 30 related basic elements: 19990H0013B3121 - 4 -
1 (1) A statement of objectives of the municipality 2 concerning its future development, including, but not limited 3 to, the location, character and timing of future development, 4 that may also serve as a statement of community development 5 objectives as provided in section 606. 6 (2) A plan for land use, which may include provisions 7 for the amount, intensity, character and timing of land use 8 proposed for residence, industry, business, agriculture, 9 major traffic and transit facilities, utilities, community 10 facilities, public grounds, parks and recreation, 11 preservation of [prime] agricultural lands, flood plains and 12 other areas of special hazards and other similar uses. 13 (2.1) A plan to meet the housing needs of present 14 residents and of those individuals and families anticipated 15 to reside in the municipality, which may include conservation 16 of presently sound housing, rehabilitation of housing in 17 declining neighborhoods and the accommodation of expected new 18 housing in different dwelling types and at appropriate 19 densities for households of all income levels. 20 (3) A plan for movement of people and goods, which may 21 include expressways, highways, local street systems, parking 22 facilities, pedestrian and bikeway systems, public transit 23 routes, terminals, airfields, port facilities, railroad 24 facilities and other similar facilities or uses. 25 (4) A plan for community facilities and utilities, which 26 may include public and private education, recreation, 27 municipal buildings, fire and police stations, libraries, 28 hospitals, water supply and distribution, sewerage and waste 29 treatment, solid waste management, storm drainage, and flood 30 plain management, utility corridors and associated 19990H0013B3121 - 5 -
1 facilities, and other similar facilities or uses. 2 (4.1) A statement of the interrelationships among the 3 various plan components, which may include an estimate of the 4 environmental, energy conservation, fiscal, economic 5 development and social consequences on the municipality. 6 (4.2) A discussion of short- and long-range plan 7 implementation strategies, which may include implications for 8 capital improvements programming, new or updated development 9 regulations, and identification of public funds potentially 10 available. 11 (5) A statement indicating [the relationship of the] 12 that the existing and proposed development of the 13 municipality [to] is consistent with the existing and 14 proposed development and plans in contiguous municipalities, 15 [to] with the objectives and plans [for development in the 16 county of which it is a part, and to regional trends.] of the 17 regional planning agency, with the county policy plan and 18 with the State policy plan. 19 (6) A plan for the protection of natural and cultural 20 resources identified as requiring protection by Federal, 21 State or county agencies or by the municipality, with 22 documentation provided in the comprehensive plan. This clause 23 includes, but is not limited to, air quality, wetlands and 24 aquifer recharge zones, woodlands, steep slopes, farmland 25 types, floodplains, unique natural areas and historic sites. 26 (b) The comprehensive plan [may] shall include a plan for 27 the reliable supply of water, considering current and future 28 water resources availability, uses and limitations, including 29 provisions adequate to protect water supply sources. Any such 30 plan shall be consistent with the State Water Plan and any 19990H0013B3121 - 6 -
1 applicable water resources plan adopted by a river basin 2 commission. 3 (c) Except for counties of the second class, the municipal 4 or multimunicipal comprehensive plan shall be updated at least 5 every ten years. The municipal or multimunicipal comprehensive 6 plan shall be subject to joint review and comment by the 7 municipalities and the county planning commissions or, upon 8 request of a county planning commission, a regional planning 9 commission whenever the comprehensive plan is updated or at ten- 10 year intervals, whichever comes first, to determine that the 11 municipal comprehensive plan is consistent with the county 12 policy plan. 13 Section 301.4. Compliance by Counties.--(a) If a county 14 does not have a [comprehensive] policy plan, then that county 15 shall, within three years of the effective date of this act, and 16 with the active participation of the local municipalities within 17 the respective county, prepare and adopt a [comprehensive] 18 policy plan in accordance with the requirements of section 301. 19 Municipal comprehensive plans which are adopted shall be 20 [generally] consistent with the adopted county [comprehensive] 21 policy plan. Final adoption of a county policy plan shall be 22 subject to review and comments by the State Planning Board to 23 promote consistency and monitor growth and development 24 throughout this Commonwealth. 25 (b) County policy plans shall be consistent with the State 26 policy plan and shall include the following: 27 (1) identify areas designated for conservation of 28 important natural resources; 29 (2) identify areas designated for growth or limited 30 growth, in relation to planned infrastructure, such as 19990H0013B3121 - 7 -
1 highways, water and sewers; and 2 (3) identify areas suitable for proposed land uses which 3 have a regional impact and significance, such as large 4 shopping centers, major industrial parks, mines and related 5 activities, office parks, storage facilities, large 6 residential developments, regional entertainment and 7 recreational complexes, hospitals, airports and port 8 facilities. 9 (c) County planning commissions should provide 10 municipalities in their county with advisory guidelines that 11 would promote consistency with the adopted county policy plan. 12 These guidelines shall promote consistency with respect to local 13 planning and zoning terminology and common types of municipal 14 land use regulations, including methods of evaluation of 15 infrastructure adequacy to meet the requirements of section 16 503.2. 17 Section 5. The act is amended by adding a section to read: 18 Section 301.5. Funding of Municipal Planning.--Priority for 19 State grants to develop or revise comprehensive plans shall be 20 given to those municipalities which agree to adopt comprehensive 21 plans consistent with the county policy plan and which agree to 22 enact a new zoning ordinance or amendment which would fully 23 implement the municipal comprehensive plan. Municipalities and 24 counties shall comply with these agreements within two years 25 unless such period is extended by the grant-making agency for 26 good cause shown. Failure to comply with the agreements shall be 27 taken into consideration for future State funding. 28 Section 6. Sections 302, 303 and 306 of the act are amended 29 to read: 30 Section 302. Adoption of Comprehensive Plan and Plan 19990H0013B3121 - 8 -
1 Amendments.--(a) The governing body shall have the power to 2 adopt and amend the comprehensive plan as a whole or in parts. 3 Before adopting or amending a comprehensive plan, or any part 4 thereof, the planning agency shall hold at least one public 5 meeting pursuant to public notice before forwarding the proposed 6 comprehensive plan or amendment thereof to the governing body. 7 In reviewing the proposed comprehensive plan, the governing body 8 shall consider the review comments of the county, contiguous 9 municipalities and the school district, as well as the public 10 meeting comments and the recommendations of the municipal 11 planning agency. The comments of the county, contiguous 12 municipalities and the local school district shall be made to 13 the governing body within 45 days of receipt, and the proposed 14 plan or amendment thereto shall not be acted upon until such 15 comment is received. If, however, the contiguous municipalities 16 and the local school district fail to respond within 45 days, 17 the governing body may proceed without their comments. 18 (b) The governing body shall hold at least one public 19 hearing pursuant to public notice. If, after the public hearing 20 held upon the proposed plan or amendment to the plan, the 21 proposed plan or proposed amendment thereto is substantially 22 revised, the governing body shall hold another public hearing, 23 pursuant to public notice, before proceeding to vote on the plan 24 or amendment thereto. 25 (c) The adoption of the comprehensive plan, or any part 26 thereof, or any amendment thereto, shall be by resolution 27 carried by the affirmative votes of not less than a majority of 28 all the members of the governing body. The resolution shall 29 refer expressly to the maps, charts, textual matter, and other 30 matters intended to form the whole or part of the plan, and the 19990H0013B3121 - 9 -
1 action shall be recorded on the adopted plan or part. 2 (d) Counties shall formally consider amendments to their 3 policy plan proposed by municipalities which are considering 4 adoption or revision of their municipal comprehensive plans so 5 as to achieve consistency between the respective plans. Except 6 for counties of the second class, county policy plans shall be 7 updated at least every five years. County policy plans shall be 8 consistent with municipal comprehensive plans except that where 9 two or more municipalities request amendments to a county policy 10 plan to make it consistent with a multimunicipal plan, the 11 county must accept the amendments unless good cause for their 12 refusal is established. 13 Section 303. Legal Status of Comprehensive Plan Within the 14 Jurisdiction that Adopted the Plan.--(a) Whenever the governing 15 body, pursuant to the procedures provided in section 302, has 16 adopted a comprehensive plan or any part thereof, any subsequent 17 proposed action of the governing body, its departments, agencies 18 and appointed authorities shall be submitted to the planning 19 agency for its recommendations when the proposed action relates 20 to: 21 (1) the location, opening, vacation, extension, 22 widening, narrowing or enlargement of any street, public 23 ground, pierhead or watercourse; 24 (2) the location, erection, demolition, removal or sale 25 of any public structure located within the municipality; 26 (3) the adoption, amendment or repeal of an official 27 map, subdivision and land development ordinance, zoning 28 ordinance or provisions for planned residential development, 29 or capital improvements program; or 30 (4) the construction, extension or abandonment of any 19990H0013B3121 - 10 -
1 water line, sewer line or sewage treatment facility. 2 (b) The recommendations of the planning agency including a 3 specific statement as to whether or not the proposed action is 4 in accordance with the objectives of the formally adopted 5 comprehensive plan shall be made in writing to the governing 6 body within 45 days. 7 [(c) Notwithstanding any other provision of this act, no 8 action by the governing body of a municipality shall be invalid 9 nor shall the same be subject to challenge or appeal on the 10 basis that such action is inconsistent with, or fails to comply 11 with, the provision of the comprehensive plan.] 12 (c.1) Municipal zoning, subdivision and land development 13 regulations and capital improvement programs shall fully 14 implement the municipal comprehensive plan or, where none 15 exists, the municipal statement of community development 16 objectives and the county policy plan. 17 Section 306. Municipal and County Comprehensive Plans.--(a) 18 When a municipality having a comprehensive plan is located in a 19 county which has adopted a comprehensive plan, both the county 20 and the municipality shall each give the plan of the other 21 consideration in order that the objectives of each plan can be 22 protected to the greatest extent possible. 23 (b) Within 30 days after adoption, the governing body of a 24 municipality, other than a county, shall forward a certified 25 copy of the comprehensive plan, or part thereof or amendment 26 thereto, to the county planning agency or, in counties where no 27 planning agency exists, to the governing body of the county in 28 which the municipality is located. 29 (c) Counties shall consult with municipalities and solicit 30 comment from school districts during the process of preparing or 19990H0013B3121 - 11 -
1 updating a policy plan in order to ascertain where 2 municipalities and school districts anticipate growth and where 3 additional infrastructure may be needed. 4 Section 7. The act is amended by adding sections to read: 5 Section 502.1. Neighboring Municipalities.--(a) The county 6 planning commission shall offer a mediation option to any 7 municipality which believes that its citizens will experience 8 harm as the result of a proposed subdivision or development of 9 land in a neighboring municipality. In exercising such an 10 option, the mediating parties shall meet the stipulations and 11 follow the procedures set forth in Article IX. The cost of the 12 mediation shall be shared equally by the disputing 13 municipalities unless otherwise agreed upon by the mediating 14 parties. 15 (b) In any instance where a municipality has a comprehensive 16 plan and implementing ordinances that are consistent with the 17 county plan, and a neighboring municipality that is considering 18 a change of use or subdivision and land development proposal 19 either does not have a comprehensive plan and ordinance 20 consistent with the county policy plan or the proposal requires 21 a variance from that consistent plan and ordinance, the 22 governing body of a neighboring municipality shall have standing 23 to appear before the governing body and the various boards and 24 commissions within a municipality considering a proposed 25 subdivision, change of land use or land development which they 26 determine will have a negative impact on the residents in their 27 municipality. 28 Section 503.2. Infrastructure and Public Services.--(a) It 29 is the intent of the General Assembly that public facilities and 30 services, which shall include public primary and secondary 19990H0013B3121 - 12 -
1 educational services needed to support development, shall be 2 available concurrent with the impacts of such development. In 3 meeting this intent, public facility and service availability 4 shall be deemed sufficient if the public facilities and services 5 for a development are phased so that the public facilities and 6 those related services which are deemed necessary by the local 7 government to operate the facilities necessitated by that 8 development are available concurrent with the impacts of the 9 development. 10 (b) The subdivision and land development ordinance shall 11 include provisions for insuring that, as a condition of 12 approval, a municipality will require that onsite and offsite 13 infrastructure and public services needed to support a 14 particular level of development will be identified and provided 15 concurrently with such development. 16 (c) The public services and infrastructure, unless already 17 available, are to be consistent with the municipality's 18 transportation capital improvements plan, Act 537 plan and 19 capital improvements plan for water supply. 20 (d) Approval of an application for a subdivision or a land 21 development may be delayed until the required infrastructure and 22 public services are in place and available. 23 (e) Exceptions may be granted in regard to transportation 24 infrastructure for geographical areas defined in the municipal 25 and county policy plans as: 26 (1) a downtown development or redevelopment area; 27 (2) an area where urban infill is to be encouraged; or 28 (3) an area where higher densities are to be encouraged 29 in order to utilize public transit. 30 (f) The infrastructure and services deemed necessary to 19990H0013B3121 - 13 -
1 support a development may occur in phases which are concurrent 2 with the phased completion of the development, if approval is 3 given by the local government. 4 Section 602.1. County Review; Dispute Resolution.--(a) A 5 municipal zoning ordinance that complies with sections 301(c) 6 and 303(d) creates an irrebuttable presumption that the 7 ordinance is compatible with the comprehensive plan. 8 (b) The county planning commission shall offer a mediation 9 option to any municipality which believes that its citizens will 10 experience harm as the result of the adoption of a zoning 11 ordinance or an amendment to an existing zoning ordinance in a 12 neighboring municipality. In exercising such an option, the 13 mediating parties shall meet the stipulations and follow the 14 procedures set forth in Article IX. The cost of the mediation 15 shall be shared equally by the disputing municipalities unless 16 otherwise agreed upon by the mediating parties. 17 (c) Where a municipality, either through its own 18 comprehensive plan and implementing ordinances, or through a 19 multimunicipal plan and implementing ordinances, is in 20 conformity with the county policy plan, and the county plan 21 taken together with consistent local municipal plans and 22 ordinances makes a reasonable amount of land in reasonable 23 geographic areas available for all uses dispersed throughout the 24 county, including a wide range of housing opportunities for all 25 income levels, a court shall consider all uses and zoning 26 densities available in the county rather than the specific 27 municipality whose ordinance is under review. The court shall 28 pay particular attention to the coordination of plans and 29 ordinances where the challenge to an ordinance involves the 30 conversion of land otherwise planned and zoned for agricultural 19990H0013B3121 - 14 -
1 uses, open space, natural and historic area preservation and 2 conservation to other uses. 3 (d) (1) Notwithstanding any statute or regulation to the 4 contrary, municipalities that enter into a joint municipal 5 zoning ordinance, in conformity with Article VIII-A, shall be 6 entitled to priority consideration when applying for State 7 financial assistance for programs, including, but not limited 8 to: 9 (i) Planning. 10 (ii) Economic development. 11 (iii) Housing. 12 (iv) PENNVEST. 13 (v) Department of Transportation. 14 (vi) Recreation. 15 (vii) Open space and farmland preservation. 16 (2) Municipalities that enter into a joint municipal 17 zoning ordinance, which complies to provisions of section 18 602.1(c) may also by agreement share tax revenues and fees 19 generated from municipalities located within the region. 20 Section 8. Section 603 of the act, amended December 14, 1992 21 (P.L.815, No.131), is amended to read: 22 Section 603. Ordinance Provisions.--(a) Zoning ordinances 23 should reflect the policy goals of the statement of community 24 development objectives required in section 606, and give 25 consideration to the character of the municipality, the needs of 26 the citizens and the suitabilities and special nature of 27 particular parts of the municipality. 28 (b) Zoning ordinances may permit, prohibit, regulate, 29 restrict and determine: 30 (1) Uses of land, watercourses and other bodies of 19990H0013B3121 - 15 -
1 water. 2 (2) Size, height, bulk, location, erection, 3 construction, repair, maintenance, alteration, razing, 4 removal and use of structures. 5 (3) Areas and dimensions of land and bodies of water to 6 be occupied by uses and structures, as well as areas, courts, 7 yards, and other open spaces and distances to be left 8 unoccupied by uses and structures. 9 (4) Density of population and intensity of use. 10 (5) Protection and preservation of natural and historic 11 resources and agricultural land and activities. 12 (c) Zoning ordinances may contain: 13 (1) provisions for special exceptions and variances 14 administered by the zoning hearing board, which provisions 15 shall be in accordance with this act; 16 (2) provisions for conditional uses to be allowed or 17 denied by the governing body pursuant to public notice and 18 hearing and recommendations by the planning agency and 19 pursuant to express standards and criteria set forth in the 20 zoning ordinances. In allowing a conditional use, the 21 governing body may attach such reasonable conditions and 22 safeguards, in addition to those expressed in the ordinance, 23 as it may deem necessary to implement the purposes of this 24 act and the zoning ordinance; 25 (2.1) when an application for either a special exception 26 or a conditional use has been filed with either the zoning 27 hearing board or governing body, as relevant, and the subject 28 matter of such application would ultimately constitute either 29 a "land development" as defined in section 107 or a 30 "subdivision" as defined in section 107, no change or 19990H0013B3121 - 16 -
1 amendment of the zoning, subdivision or other governing 2 ordinance or plans shall affect the decision on such 3 application adversely to the applicant and the applicant 4 shall be entitled to a decision in accordance with the 5 provisions of the governing ordinances or plans as they stood 6 at the time the application was duly filed. Provided, 7 further, should such an application be approved by either the 8 zoning hearing board or governing body, as relevant, 9 applicant shall be entitled to proceed with the submission of 10 either land development or subdivision plans within a period 11 of six months or longer or as may be approved by either the 12 zoning hearing board or the governing body following the date 13 of such approval in accordance with the provisions of the 14 governing ordinances or plans as they stood at the time the 15 application was duly filed before either the zoning hearing 16 board or governing body, as relevant. If either a land 17 development or subdivision plan is so filed within said 18 period, such plan shall be subject to the provisions of 19 section 508(1) through (4), and specifically to the time 20 limitations of section 508(4) which shall commence as of the 21 date of filing such land development or subdivision plan; 22 (2.2) provisions for regulating transferable development 23 rights, on a voluntary basis, including provisions for the 24 protection of persons acquiring the same, in accordance with 25 express standards and criteria set forth in the ordinance and 26 section 619.1; 27 (2.3) provisions for reciprocal agreements among 28 municipalities for a system of transfer of development rights 29 on a regional basis in order to preserve valuable farmland, 30 environmentally sensitive areas and areas of cultural or 19990H0013B3121 - 17 -
1 historic significance; 2 (3) provisions for the administration and enforcement of 3 such ordinances; 4 (4) such other provisions as may be necessary to 5 implement the purposes of this act; 6 (5) provisions to encourage innovation and to promote 7 flexibility, economy and ingenuity in development, including 8 subdivisions and land developments as defined in this act; 9 and 10 (6) provisions authorizing increases in the permissible 11 density of population or intensity of a particular use based 12 upon expressed standards and criteria set forth in the zoning 13 ordinance, especially increases that would promote and 14 preserve farmland, environmentally sensitive areas and areas 15 of cultural or historic significance. 16 (d) Zoning ordinances may include provisions regulating the 17 siting, density and design of residential, commercial, 18 industrial and other developments in order to assure the 19 availability of reliable, safe and adequate water supplies to 20 support the intended land uses within the capacity of available 21 water resources. 22 (e) Zoning ordinances may not unduly restrict the display of 23 religious symbols on property being used for religious purposes. 24 (f) Zoning ordinances may not unreasonably restrict forestry 25 activities. 26 (g) (1) Zoning ordinances shall provide for the protection 27 of farmland and promote the establishment of agricultural 28 security areas. 29 (2) Zoning ordinances shall provide for protection of 30 identified natural and cultural features and resources, 19990H0013B3121 - 18 -
1 including, but not limited to, air quality, wetlands and 2 aquifer recharge zones, woodlands, steep slopes, floodplains, 3 unique natural sites and unique historic sites. 4 (h) If a municipality wishes to rezone land in a manner not 5 consistent with its comprehensive plan, it must first amend its 6 comprehensive plan and follow the procedures outlined in Article 7 III. 8 (i) Nothing in this act shall prevent a municipality from 9 amending individual elements of its comprehensive plan at any 10 time, so long as the comprehensive plan remains consistent with 11 the county policy plan and the comprehensive plans of abutting 12 municipalities and so long as the municipality also adopts such 13 ordinances as are required to implement the amendment. 14 Section 9. This act shall take effect in 60 days. 15 SECTION 1. SECTION 105 OF THE ACT OF JULY 31, 1968 (P.L.805, <-- 16 NO.247), KNOWN AS THE PENNSYLVANIA MUNICIPALITIES PLANNING CODE, 17 REENACTED AND AMENDED DECEMBER 21, 1988 (P.L.1329, NO.170), IS 18 AMENDED TO READ: 19 SECTION 105. PURPOSE OF ACT.--IT IS THE INTENT, PURPOSE AND 20 SCOPE OF THIS ACT TO PROTECT AND PROMOTE SAFETY, HEALTH AND 21 MORALS; TO ACCOMPLISH COORDINATED DEVELOPMENT; TO PROVIDE FOR 22 THE GENERAL WELFARE BY GUIDING AND PROTECTING AMENITY, 23 CONVENIENCE, FUTURE GOVERNMENTAL, ECONOMIC, PRACTICAL, AND 24 SOCIAL AND CULTURAL FACILITIES, DEVELOPMENT AND GROWTH, AS WELL 25 AS THE IMPROVEMENT OF GOVERNMENTAL PROCESSES AND FUNCTIONS; TO 26 GUIDE USES OF LAND AND STRUCTURES, TYPE AND LOCATION OF STREETS, 27 PUBLIC GROUNDS AND OTHER FACILITIES; TO PROMOTE THE CONSERVATION 28 OF ENERGY THROUGH THE USE OF PLANNING PRACTICES AND TO PROMOTE 29 THE EFFECTIVE UTILIZATION OF RENEWABLE ENERGY SOURCES; TO 30 PROMOTE THE PRESERVATION OF THIS COMMONWEALTH'S NATURAL 19990H0013B3121 - 19 -
1 RESOURCES, OPEN SPACE AND AGRICULTURAL LAND; TO ENCOURAGE 2 MUNICIPALITIES TO ADOPT MUNICIPAL OR JOINT MUNICIPAL 3 COMPREHENSIVE PLANS CONSISTENT WITH THE COUNTY COMPREHENSIVE 4 PLAN; TO ENSURE THAT MUNICIPALITIES ADOPT ZONING ORDINANCES 5 WHICH ARE CONSISTENT WITH THE MUNICIPALITY'S COMPREHENSIVE PLAN; 6 TO ENCOURAGE THE PRESERVATION OF AGRICULTURAL LAND, NATURAL 7 RESOURCES AND OPEN SPACE THROUGH EASEMENTS, TRANSFER OF 8 DEVELOPMENT RIGHTS AND REZONING; TO ENCOURAGE THE REVITALIZATION 9 OF ESTABLISHED URBAN CENTERS; AND TO PERMIT MUNICIPALITIES TO 10 MINIMIZE SUCH PROBLEMS AS MAY PRESENTLY EXIST OR WHICH MAY BE 11 FORESEEN. 12 SECTION 2. SECTION 107 OF THE ACT IS AMENDED BY ADDING 13 DEFINITIONS TO READ: 14 SECTION 107. DEFINITIONS.--(A) THE FOLLOWING WORDS AND 15 PHRASES WHEN USED IN THIS ACT SHALL HAVE THE MEANINGS GIVEN TO 16 THEM IN THIS SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES 17 OTHERWISE: 18 * * * 19 "COMPATIBLE," THAT WHICH TWO OR MORE GOVERNMENTAL BODIES 20 HAVING LANDS WHICH ABUT SHALL AGREE DOES NOT ADVERSELY AFFECT 21 EACH OTHER'S COMPREHENSIVE PLAN FOR THOSE LANDS WHICH ABUT, IS 22 DEEMED TO BE COMPATIBLE WITH THE COMPREHENSIVE PLAN OF EACH. 23 * * * 24 "CONSISTENCY," A DEMONSTRATED AGREEMENT OR CORRESPONDENCE 25 BETWEEN MATTERS BEING COMPARED WHICH DENOTES A REASONABLE, 26 LOGICAL, COMPLEMENTARY CONNECTION OR RELATIONSHIP. 27 "CONSISTENT," THAT WHICH EXHIBITS CONSISTENCY. 28 * * * 29 "COUNTY COMPREHENSIVE PLAN," A LAND USE AND GROWTH MANAGEMENT 30 PLAN PREPARED BY THE COUNTY PLANNING COMMISSION AND ADOPTED BY 19990H0013B3121 - 20 -
1 THE COUNTY COMMISSIONERS WHICH ESTABLISHES BROAD GOALS AND 2 CRITERIA FOR MUNICIPALITIES TO USE IN PREPARATION OF THEIR 3 COMPREHENSIVE PLANS AND LAND USE REGULATION. 4 * * * 5 "MULTIMUNICIPAL PLANNING AGENCY," A PLANNING AGENCY COMPRISED 6 OF REPRESENTATIVES OF MORE THAN ONE MUNICIPALITY AND CONSTITUTED 7 TO ADDRESS, ON BEHALF OF THE PARTICIPATING MUNICIPALITIES, 8 REGIONAL ISSUES, INCLUDING, BUT NOT LIMITED TO, AGRICULTURAL AND 9 OPEN SPACE PRESERVATION, NATURAL AND CULTURAL RESOURCES, 10 TRANSPORTATION, HOUSING AND ECONOMIC DEVELOPMENT. 11 * * * 12 "REGIONAL PLANNING AGENCY," A PLANNING AGENCY THAT IS 13 COMPRISED OF REPRESENTATIVES OF MORE THAN ONE COUNTY. REGIONAL 14 PLANNING RESPONSIBILITIES SHALL INCLUDE, BUT NOT BE LIMITED TO, 15 PROVIDING TECHNICAL ASSISTANCE TO COUNTIES AND MUNICIPALITIES, 16 MEDIATING CONFLICTS ACROSS COUNTY LINES AND REVIEWING COUNTY 17 COMPREHENSIVE PLANS FOR CONSISTENCY WITH ONE ANOTHER. 18 * * * 19 "TRADITIONAL NEIGHBORHOOD DEVELOPMENT," AN AREA OF LAND 20 DEVELOPED FOR A COMPATIBLE MIXTURE OF RESIDENTIAL UNITS FOR 21 VARIOUS INCOME LEVELS AND NONRESIDENTIAL COMMERCIAL AND 22 WORKPLACE USES, INCLUDING SOME STRUCTURES THAT PROVIDE FOR A MIX 23 OF USES WITHIN THE SAME BUILDING. RESIDENCES, SHOPS, OFFICES, 24 WORKPLACES, PUBLIC BUILDINGS, AND PARKS ARE INTERWOVEN WITHIN 25 THE NEIGHBORHOOD SO THAT ALL ARE WITHIN RELATIVELY CLOSE 26 PROXIMITY TO EACH OTHER. TRADITIONAL NEIGHBORHOOD DEVELOPMENT IS 27 RELATIVELY COMPACT, LIMITED IN SIZE AND ORIENTED TOWARD 28 PEDESTRIAN ACTIVITY. IT HAS AN IDENTIFIABLE CENTER AND A 29 DISCERNIBLE EDGE. THE CENTER OF THE NEIGHBORHOOD IS IN THE FORM 30 OF A PUBLIC PARK, COMMONS, PLAZA, SQUARE OR PROMINENT 19990H0013B3121 - 21 -
1 INTERSECTION OF TWO OR MORE MAJOR STREETS. GENERALLY, THERE IS A 2 HIERARCHY OF STREETS LAID OUT IN A RECTILINEAR OR GRID PATTERN 3 OF INTERCONNECTING STREETS AND BLOCKS THAT PROVIDES MULTIPLE 4 ROUTES FROM ORIGINS TO DESTINATIONS AND ARE APPROPRIATELY 5 DESIGNED TO SERVE THE NEEDS OF PEDESTRIANS AND VEHICLES EQUALLY. 6 * * * 7 SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ: 8 SECTION 212. INTERGOVERNMENTAL COOPERATION.--THE GOVERNING 9 BODY MAY UTILIZE THE AUTHORITY GRANTED UNDER 53 PA.C.S. PT. III 10 SUBPT. D (RELATING TO AREA GOVERNMENT AND INTERGOVERNMENTAL 11 COOPERATION). 12 SECTION 4. SECTIONS 301 AND 301.4 OF THE ACT ARE AMENDED TO 13 READ: 14 SECTION 301. PREPARATION OF COMPREHENSIVE PLAN.--(A) THE 15 COMPREHENSIVE PLAN, CONSISTING OF MAPS, CHARTS AND TEXTUAL 16 MATTER, SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING 17 RELATED BASIC ELEMENTS: 18 (1) A STATEMENT OF OBJECTIVES OF THE MUNICIPALITY 19 CONCERNING ITS FUTURE DEVELOPMENT, INCLUDING, BUT NOT LIMITED 20 TO, THE LOCATION, CHARACTER AND TIMING OF FUTURE DEVELOPMENT, 21 THAT MAY ALSO SERVE AS A STATEMENT OF COMMUNITY DEVELOPMENT 22 OBJECTIVES AS PROVIDED IN SECTION 606. 23 (2) A PLAN FOR LAND USE, WHICH MAY INCLUDE PROVISIONS 24 FOR THE AMOUNT, INTENSITY, CHARACTER AND TIMING OF LAND USE 25 PROPOSED FOR RESIDENCE, INDUSTRY, BUSINESS, AGRICULTURE, 26 MAJOR TRAFFIC AND TRANSIT FACILITIES, UTILITIES, COMMUNITY 27 FACILITIES, PUBLIC GROUNDS, PARKS AND RECREATION, 28 PRESERVATION OF [PRIME] AGRICULTURAL LANDS, FLOOD PLAINS AND 29 OTHER AREAS OF SPECIAL HAZARDS AND OTHER SIMILAR USES. 30 (2.1) A PLAN TO MEET THE HOUSING NEEDS OF PRESENT 19990H0013B3121 - 22 -
1 RESIDENTS AND OF THOSE INDIVIDUALS AND FAMILIES ANTICIPATED 2 TO RESIDE IN THE MUNICIPALITY, WHICH MAY INCLUDE CONSERVATION 3 OF PRESENTLY SOUND HOUSING, REHABILITATION OF HOUSING IN 4 DECLINING NEIGHBORHOODS AND THE ACCOMMODATION OF EXPECTED NEW 5 HOUSING IN DIFFERENT DWELLING TYPES AND AT APPROPRIATE 6 DENSITIES FOR HOUSEHOLDS OF ALL INCOME LEVELS. 7 (3) A PLAN FOR MOVEMENT OF PEOPLE AND GOODS, WHICH MAY 8 INCLUDE EXPRESSWAYS, HIGHWAYS, LOCAL STREET SYSTEMS, PARKING 9 FACILITIES, PEDESTRIAN AND BIKEWAY SYSTEMS, PUBLIC TRANSIT 10 ROUTES, TERMINALS, AIRFIELDS, PORT FACILITIES, RAILROAD 11 FACILITIES AND OTHER SIMILAR FACILITIES OR USES. 12 (4) A PLAN FOR COMMUNITY FACILITIES AND UTILITIES, WHICH 13 MAY INCLUDE PUBLIC AND PRIVATE EDUCATION, RECREATION, 14 MUNICIPAL BUILDINGS, FIRE AND POLICE STATIONS, LIBRARIES, 15 HOSPITALS, WATER SUPPLY AND DISTRIBUTION, SEWERAGE AND WASTE 16 TREATMENT, SOLID WASTE MANAGEMENT, STORM DRAINAGE, AND FLOOD 17 PLAIN MANAGEMENT, UTILITY CORRIDORS AND ASSOCIATED 18 FACILITIES, AND OTHER SIMILAR FACILITIES OR USES. 19 (4.1) A STATEMENT OF THE INTERRELATIONSHIPS AMONG THE 20 VARIOUS PLAN COMPONENTS, WHICH MAY INCLUDE AN ESTIMATE OF THE 21 ENVIRONMENTAL, ENERGY CONSERVATION, FISCAL, ECONOMIC 22 DEVELOPMENT AND SOCIAL CONSEQUENCES ON THE MUNICIPALITY. 23 (4.2) A DISCUSSION OF SHORT- AND LONG-RANGE PLAN 24 IMPLEMENTATION STRATEGIES, WHICH MAY INCLUDE IMPLICATIONS FOR 25 CAPITAL IMPROVEMENTS PROGRAMMING, NEW OR UPDATED DEVELOPMENT 26 REGULATIONS, AND IDENTIFICATION OF PUBLIC FUNDS POTENTIALLY 27 AVAILABLE. 28 (5) A STATEMENT INDICATING [THE RELATIONSHIP OF THE] 29 THAT THE EXISTING AND PROPOSED DEVELOPMENT OF THE 30 MUNICIPALITY [TO] IS COMPATIBLE WITH THE EXISTING AND 19990H0013B3121 - 23 -
1 PROPOSED DEVELOPMENT AND PLANS IN CONTIGUOUS PORTIONS OF 2 NEIGHBORING MUNICIPALITIES, [TO] OR A STATEMENT INDICATING 3 MEASURES WHICH HAVE BEEN TAKEN TO PROVIDE BUFFERS OR OTHER 4 TRANSITIONAL DEVICES BETWEEN DISPARATE USES, AND A STATEMENT 5 INDICATING THAT THE EXISTING AND PROPOSED DEVELOPMENT OF THE 6 MUNICIPALITY IS COMPATIBLE WITH THE OBJECTIVES AND PLANS [FOR 7 DEVELOPMENT IN THE COUNTY OF WHICH IT IS A PART, AND TO 8 REGIONAL TRENDS.] OF THE REGIONAL PLANNING AGENCY AND WITH 9 THE COUNTY COMPREHENSIVE PLAN. 10 (6) A PLAN FOR THE PROTECTION OF NATURAL AND CULTURAL 11 RESOURCES IDENTIFIED AS REQUIRING PROTECTION BY FEDERAL, 12 STATE OR COUNTY AGENCIES OR BY THE MUNICIPALITY, WITH 13 DOCUMENTATION PROVIDED IN THE COMPREHENSIVE PLAN. THIS CLAUSE 14 INCLUDES, BUT IS NOT LIMITED TO, AIR QUALITY, WETLANDS AND 15 AQUIFER RECHARGE ZONES, WOODLANDS, STEEP SLOPES, AGRICULTURAL 16 LAND, FLOODPLAINS, UNIQUE NATURAL AREAS AND HISTORIC SITES. 17 (B) THE COMPREHENSIVE PLAN [MAY] SHALL INCLUDE A PLAN FOR 18 THE RELIABLE SUPPLY OF WATER, CONSIDERING CURRENT AND FUTURE 19 WATER RESOURCES AVAILABILITY, USES AND LIMITATIONS, INCLUDING 20 PROVISIONS ADEQUATE TO PROTECT WATER SUPPLY SOURCES. ANY SUCH 21 PLAN SHALL BE CONSISTENT WITH THE STATE WATER PLAN AND ANY 22 APPLICABLE WATER RESOURCES PLAN ADOPTED BY A RIVER BASIN 23 COMMISSION. 24 (C) THE MUNICIPAL OR MULTIMUNICIPAL COMPREHENSIVE PLAN SHALL 25 BE REVIEWED AT LEAST EVERY TEN YEARS. THE MUNICIPAL OR 26 MULTIMUNICIPAL COMPREHENSIVE PLAN SHALL BE SENT TO THE GOVERNING 27 BODIES OF CONTIGUOUS MUNICIPALITIES FOR REVIEW AND COMMENT. THE 28 MUNICIPAL OR MULTIMUNICIPAL COMPREHENSIVE PLAN SHALL ALSO BE 29 SENT TO THE COUNTY PLANNING COMMISSIONS OR, UPON REQUEST OF A 30 COUNTY PLANNING COMMISSION, A REGIONAL PLANNING COMMISSION 19990H0013B3121 - 24 -
1 WHENEVER THE COMPREHENSIVE PLAN IS UPDATED OR AT TEN-YEAR 2 INTERVALS, WHICHEVER COMES FIRST, TO DETERMINE IN WHAT MEASURE 3 THE MUNICIPAL COMPREHENSIVE PLAN REMAINS GENERALLY CONSISTENT 4 WITH THE COUNTY COMPREHENSIVE PLAN AND TO INDICATE WHERE THE 5 LOCAL PLAN IS THOUGHT TO DEVIATE FROM THE COUNTY COMPREHENSIVE 6 PLAN. 7 SECTION 301.4. COMPLIANCE BY COUNTIES.--(A) IF A COUNTY 8 DOES NOT HAVE A COMPREHENSIVE PLAN, THEN THAT COUNTY SHALL, 9 WITHIN THREE YEARS OF THE EFFECTIVE DATE OF THIS ACT, AND WITH 10 THE ACTIVE PARTICIPATION OF THE MUNICIPALITIES AND SCHOOL 11 DISTRICTS WITHIN THE RESPECTIVE COUNTY, CONTIGUOUS COUNTIES AND 12 CONTIGUOUS SCHOOL DISTRICTS AND MUNICIPALITIES IN NEIGHBORING 13 COUNTIES, PREPARE AND ADOPT A COMPREHENSIVE PLAN IN ACCORDANCE 14 WITH THE REQUIREMENTS OF SECTION 301. MUNICIPAL COMPREHENSIVE 15 PLANS WHICH ARE ADOPTED SHALL BE GENERALLY CONSISTENT WITH THE 16 ADOPTED COUNTY COMPREHENSIVE PLAN. 17 (B) COUNTY COMPREHENSIVE PLANS SHALL INCLUDE THE FOLLOWING: 18 (1) IDENTIFY AREAS DESIGNATED FOR CONSERVATION OF 19 IMPORTANT NATURAL RESOURCES. 20 (2) IDENTIFY AREAS DESIGNATED FOR GROWTH OR LIMITED 21 GROWTH, IN RELATION TO PLANNED INFRASTRUCTURE, SUCH AS 22 HIGHWAYS, WATER AND SEWERS. 23 (3) IDENTIFY AREAS SUITABLE FOR PROPOSED LAND USES WHICH 24 HAVE A REGIONAL IMPACT AND SIGNIFICANCE, SUCH AS LARGE 25 SHOPPING CENTERS, MAJOR INDUSTRIAL PARKS, MINES AND RELATED 26 ACTIVITIES, OFFICE PARKS, STORAGE FACILITIES, LARGE 27 RESIDENTIAL DEVELOPMENTS, REGIONAL ENTERTAINMENT AND 28 RECREATIONAL COMPLEXES, HOSPITALS, AIRPORTS AND PORT 29 FACILITIES. 30 (C) COUNTY PLANNING COMMISSIONS SHALL MAKE AVAILABLE TO 19990H0013B3121 - 25 -
1 MUNICIPALITIES IN THEIR COUNTY ADVISORY GUIDELINES THAT WOULD 2 PROMOTE CONSISTENCY WITH THE ADOPTED COUNTY COMPREHENSIVE PLAN. 3 THESE GUIDELINES SHALL PROMOTE CONSISTENCY WITH RESPECT TO LOCAL 4 PLANNING AND ZONING TERMINOLOGY AND COMMON TYPES OF MUNICIPAL 5 LAND USE REGULATIONS. 6 SECTION 5. THE ACT IS AMENDED BY ADDING A SECTION TO READ: 7 SECTION 301.5. FUNDING OF MUNICIPAL PLANNING.--PRIORITY FOR 8 STATE GRANTS TO DEVELOP OR REVISE COMPREHENSIVE PLANS SHALL BE 9 GIVEN TO THOSE MUNICIPALITIES WHICH AGREE TO ADOPT COMPREHENSIVE 10 PLANS GENERALLY CONSISTENT WITH THE COUNTY COMPREHENSIVE PLAN 11 AND WHICH AGREE TO ENACT A NEW ZONING ORDINANCE OR AMENDMENT 12 WHICH WOULD FULLY IMPLEMENT THE MUNICIPAL COMPREHENSIVE PLAN. NO 13 MORE THAN 25% OF THE TOTAL FUNDS AVAILABLE FOR THESE GRANTS 14 SHALL BE DISBURSED UNDER PRIORITY STATUS PURSUANT TO THIS 15 PROVISION. MUNICIPALITIES AND COUNTIES SHALL COMPLY WITH THESE 16 AGREEMENTS WITHIN TWO YEARS UNLESS SUCH PERIOD IS EXTENDED BY 17 THE GRANT-MAKING AGENCY FOR GOOD CAUSE SHOWN. FAILURE TO COMPLY 18 WITH THE AGREEMENTS SHALL BE TAKEN INTO CONSIDERATION FOR FUTURE 19 STATE FUNDING. 20 SECTION 6. SECTIONS 302, 303 AND 306 OF THE ACT ARE AMENDED 21 TO READ: 22 SECTION 302. ADOPTION OF MUNICIPAL COMPREHENSIVE [PLAN] 23 PLANS, COUNTY COMPREHENSIVE PLANS AND PLAN AMENDMENTS.--(A) THE 24 GOVERNING BODY SHALL HAVE THE POWER TO ADOPT AND AMEND THE 25 COMPREHENSIVE PLAN AS A WHOLE OR IN PARTS. BEFORE ADOPTING OR 26 AMENDING A COMPREHENSIVE PLAN, OR ANY PART THEREOF, THE PLANNING 27 AGENCY SHALL HOLD AT LEAST ONE PUBLIC MEETING PURSUANT TO PUBLIC 28 NOTICE BEFORE FORWARDING THE PROPOSED COMPREHENSIVE PLAN OR 29 AMENDMENT THEREOF TO THE GOVERNING BODY. IN REVIEWING THE 30 PROPOSED COMPREHENSIVE PLAN, THE GOVERNING BODY SHALL CONSIDER 19990H0013B3121 - 26 -
1 THE REVIEW COMMENTS OF THE COUNTY, CONTIGUOUS MUNICIPALITIES AND 2 THE SCHOOL DISTRICT, AS WELL AS THE PUBLIC MEETING COMMENTS AND 3 THE RECOMMENDATIONS OF THE MUNICIPAL PLANNING AGENCY. THE 4 COMMENTS OF THE COUNTY, CONTIGUOUS MUNICIPALITIES AND THE LOCAL 5 SCHOOL DISTRICT SHALL BE MADE TO THE GOVERNING BODY WITHIN 45 6 DAYS OF RECEIPT, AND THE PROPOSED PLAN OR AMENDMENT THERETO 7 SHALL NOT BE ACTED UPON UNTIL SUCH COMMENT IS RECEIVED. IF, 8 HOWEVER, THE CONTIGUOUS MUNICIPALITIES AND THE LOCAL SCHOOL 9 DISTRICT FAIL TO RESPOND WITHIN 45 DAYS, THE GOVERNING BODY MAY 10 PROCEED WITHOUT THEIR COMMENTS. 11 (A.1) THE GOVERNING BODY OF THE COUNTY SHALL HAVE THE POWER 12 TO ADOPT AND AMEND THE COUNTY COMPREHENSIVE PLAN IN WHOLE OR IN 13 PART. BEFORE ADOPTING OR AMENDING A COMPREHENSIVE PLAN, OR ANY 14 PART THEREOF, THE COUNTY PLANNING AGENCY SHALL HOLD AT LEAST ONE 15 PUBLIC MEETING PURSUANT TO PUBLIC NOTICE BEFORE FORWARDING THE 16 PROPOSED COMPREHENSIVE PLAN OR AMENDMENT THEREOF TO THE 17 GOVERNING BODY. IN REVIEWING THE PROPOSED COMPREHENSIVE PLAN, 18 THE GOVERNING BODY SHALL CONSIDER THE REVIEW COMMENTS OF 19 MUNICIPALITIES AND SCHOOL DISTRICTS WITHIN THE COUNTY, 20 CONTIGUOUS SCHOOL DISTRICTS AND MUNICIPALITIES IN NEIGHBORING 21 COUNTIES AND CONTIGUOUS COUNTIES, AS WELL AS THE PUBLIC MEETING 22 COMMENTS AND THE RECOMMENDATIONS OF THE COUNTY PLANNING AGENCY. 23 THE COMMENTS OF THE COUNTIES, MUNICIPALITIES AND SCHOOL 24 DISTRICTS SHALL BE MADE TO THE GOVERNING BODY WITHIN 45 DAYS OF 25 RECEIPT, AND THE PROPOSED COMPREHENSIVE PLAN OR AMENDMENT 26 THERETO SHALL NOT BE ACTED UPON UNTIL SUCH COMMENT IS RECEIVED. 27 IF, HOWEVER, THE COUNTIES, MUNICIPALITIES AND SCHOOL DISTRICTS 28 FAIL TO RESPOND WITHIN 45 DAYS, THE GOVERNING BODY MAY PROCEED 29 WITHOUT THEIR COMMENTS. 30 (B) THE GOVERNING BODY SHALL HOLD AT LEAST ONE PUBLIC 19990H0013B3121 - 27 -
1 HEARING PURSUANT TO PUBLIC NOTICE. IF, AFTER THE PUBLIC HEARING 2 HELD UPON THE PROPOSED PLAN OR AMENDMENT TO THE PLAN, THE 3 PROPOSED PLAN OR PROPOSED AMENDMENT THERETO IS SUBSTANTIALLY 4 REVISED, THE GOVERNING BODY SHALL HOLD ANOTHER PUBLIC HEARING, 5 PURSUANT TO PUBLIC NOTICE, BEFORE PROCEEDING TO VOTE ON THE PLAN 6 OR AMENDMENT THERETO. 7 (C) THE ADOPTION OF THE COMPREHENSIVE PLAN, OR ANY PART 8 THEREOF, OR ANY AMENDMENT THERETO, SHALL BE BY RESOLUTION 9 CARRIED BY THE AFFIRMATIVE VOTES OF NOT LESS THAN A MAJORITY OF 10 ALL THE MEMBERS OF THE GOVERNING BODY. THE RESOLUTION SHALL 11 REFER EXPRESSLY TO THE MAPS, CHARTS, TEXTUAL MATTER, AND OTHER 12 MATTERS INTENDED TO FORM THE WHOLE OR PART OF THE PLAN, AND THE 13 ACTION SHALL BE RECORDED ON THE ADOPTED PLAN OR PART. 14 (D) COUNTIES SHALL IN ACCORDANCE WITH SUBSECTION (A.1) 15 CONSIDER AMENDMENTS TO THEIR COMPREHENSIVE PLAN PROPOSED BY 16 MUNICIPALITIES WHICH ARE CONSIDERING ADOPTION OR REVISION OF 17 THEIR MUNICIPAL COMPREHENSIVE PLANS SO AS TO ACHIEVE GENERAL 18 CONSISTENCY BETWEEN THE RESPECTIVE PLANS. COUNTY COMPREHENSIVE 19 PLANS SHALL BE UPDATED AT LEAST EVERY FIVE YEARS. COUNTY 20 COMPREHENSIVE PLANS SHALL BE GENERALLY CONSISTENT WITH MUNICIPAL 21 COMPREHENSIVE PLANS EXCEPT THAT WHERE TWO OR MORE MUNICIPALITIES 22 REQUEST AMENDMENTS TO A COUNTY COMPREHENSIVE PLAN TO MAKE IT 23 CONSISTENT WITH A MULTIMUNICIPAL PLAN THE COUNTY MUST ACCEPT THE 24 AMENDMENTS UNLESS GOOD CAUSE FOR THEIR REFUSAL IS ESTABLISHED. 25 SECTION 303. LEGAL STATUS OF COMPREHENSIVE PLAN WITHIN THE 26 JURISDICTION THAT ADOPTED THE PLAN.--(A) WHENEVER THE GOVERNING 27 BODY, PURSUANT TO THE PROCEDURES PROVIDED IN SECTION 302, HAS 28 ADOPTED A COMPREHENSIVE PLAN OR ANY PART THEREOF, ANY SUBSEQUENT 29 PROPOSED ACTION OF THE GOVERNING BODY, ITS DEPARTMENTS, AGENCIES 30 AND APPOINTED AUTHORITIES SHALL BE SUBMITTED TO THE PLANNING 19990H0013B3121 - 28 -
1 AGENCY FOR ITS RECOMMENDATIONS WHEN THE PROPOSED ACTION RELATES 2 TO: 3 (1) THE LOCATION, OPENING, VACATION, EXTENSION, 4 WIDENING, NARROWING OR ENLARGEMENT OF ANY STREET, PUBLIC 5 GROUND, PIERHEAD OR WATERCOURSE; 6 (2) THE LOCATION, ERECTION, DEMOLITION, REMOVAL OR SALE 7 OF ANY PUBLIC STRUCTURE LOCATED WITHIN THE MUNICIPALITY; 8 (3) THE ADOPTION, AMENDMENT OR REPEAL OF AN OFFICIAL 9 MAP, SUBDIVISION AND LAND DEVELOPMENT ORDINANCE, ZONING 10 ORDINANCE OR PROVISIONS FOR PLANNED RESIDENTIAL DEVELOPMENT, 11 OR CAPITAL IMPROVEMENTS PROGRAM; OR 12 (4) THE CONSTRUCTION, EXTENSION OR ABANDONMENT OF ANY 13 WATER LINE, SEWER LINE OR SEWAGE TREATMENT FACILITY. 14 (B) THE RECOMMENDATIONS OF THE PLANNING AGENCY INCLUDING A 15 SPECIFIC STATEMENT AS TO WHETHER OR NOT THE PROPOSED ACTION IS 16 IN ACCORDANCE WITH THE OBJECTIVES OF THE FORMALLY ADOPTED 17 COMPREHENSIVE PLAN SHALL BE MADE IN WRITING TO THE GOVERNING 18 BODY WITHIN 45 DAYS. 19 (C) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, NO 20 ACTION BY THE GOVERNING BODY OF A MUNICIPALITY SHALL BE INVALID 21 NOR SHALL THE SAME BE SUBJECT TO CHALLENGE OR APPEAL ON THE 22 BASIS THAT SUCH ACTION IS INCONSISTENT WITH, OR FAILS TO COMPLY 23 WITH, THE PROVISION OF THE COMPREHENSIVE PLAN. 24 (C.1) MUNICIPAL ZONING, SUBDIVISION AND LAND DEVELOPMENT 25 REGULATIONS AND CAPITAL IMPROVEMENT PROGRAMS SHALL GENERALLY 26 IMPLEMENT THE MUNICIPAL COMPREHENSIVE PLAN OR, WHERE NONE 27 EXISTS, THE MUNICIPAL STATEMENT OF COMMUNITY DEVELOPMENT 28 OBJECTIVES AND THE COUNTY COMPREHENSIVE PLAN. 29 SECTION 306. MUNICIPAL AND COUNTY COMPREHENSIVE PLANS.--(A) 30 WHEN A MUNICIPALITY HAVING A COMPREHENSIVE PLAN IS LOCATED IN A 19990H0013B3121 - 29 -
1 COUNTY WHICH HAS ADOPTED A COMPREHENSIVE PLAN, BOTH THE COUNTY 2 AND THE MUNICIPALITY SHALL EACH GIVE THE PLAN OF THE OTHER 3 CONSIDERATION IN ORDER THAT THE OBJECTIVES OF EACH PLAN CAN BE 4 PROTECTED TO THE GREATEST EXTENT POSSIBLE. 5 (B) WITHIN 30 DAYS AFTER ADOPTION, THE GOVERNING BODY OF A 6 MUNICIPALITY, OTHER THAN A COUNTY, SHALL FORWARD A CERTIFIED 7 COPY OF THE COMPREHENSIVE PLAN, OR PART THEREOF OR AMENDMENT 8 THERETO, TO THE COUNTY PLANNING AGENCY OR, IN COUNTIES WHERE NO 9 PLANNING AGENCY EXISTS, TO THE GOVERNING BODY OF THE COUNTY IN 10 WHICH THE MUNICIPALITY IS LOCATED. 11 (C) COUNTIES SHALL CONSULT WITH MUNICIPALITIES AND SOLICIT 12 COMMENT FROM SCHOOL DISTRICTS DURING THE PROCESS OF PREPARING OR 13 UPDATING A COMPREHENSIVE PLAN IN ORDER TO ASCERTAIN WHERE 14 MUNICIPALITIES AND SCHOOL DISTRICTS ANTICIPATE GROWTH AND WHERE 15 ADDITIONAL INFRASTRUCTURE MAY BE NEEDED. 16 SECTION 7. THE ACT IS AMENDED BY ADDING SECTIONS TO READ: 17 SECTION 502.1. CONTIGUOUS MUNICIPALITIES.--(A) THE COUNTY 18 PLANNING COMMISSION SHALL OFFER A MEDIATION OPTION TO ANY 19 MUNICIPALITY WHICH BELIEVES THAT ITS CITIZENS WILL EXPERIENCE 20 HARM AS THE RESULT OF A PROPOSED SUBDIVISION OR DEVELOPMENT OF 21 LAND IN A CONTIGUOUS MUNICIPALITY, IF THAT CONTIGUOUS 22 MUNICIPALITY AGREES. IN EXERCISING SUCH AN OPTION, THE MEDIATING 23 PARTIES SHALL MEET THE STIPULATIONS AND FOLLOW THE PROCEDURES 24 SET FORTH IN ARTICLE IX. THE COST OF THE MEDIATION SHALL BE 25 SHARED EQUALLY BY THE DISPUTING MUNICIPALITIES UNLESS OTHERWISE 26 AGREED UPON BY THE MEDIATING PARTIES. 27 (B) IN ANY INSTANCE WHERE A MUNICIPALITY HAS A COMPREHENSIVE 28 PLAN AND IMPLEMENTING ORDINANCES THAT ARE GENERALLY CONSISTENT 29 WITH THE COUNTY COMPREHENSIVE PLAN AND A CONTIGUOUS MUNICIPALITY 30 THAT IS CONSIDERING A CHANGE OF USE OR A SUBDIVISION AND LAND 19990H0013B3121 - 30 -
1 DEVELOPMENT PROPOSAL EITHER DOES NOT HAVE A COMPREHENSIVE PLAN 2 AND ORDINANCE CONSISTENT WITH THE COUNTY COMPREHENSIVE PLAN OR 3 THE PROPOSAL REQUIRES A VARIANCE FROM THAT CONSISTENT PLAN AND 4 ORDINANCE, THE GOVERNING BODY OF A CONTIGUOUS MUNICIPALITY SHALL 5 HAVE STANDING TO APPEAR BEFORE THE GOVERNING BODY AND THE 6 VARIOUS BOARDS AND COMMISSIONS WITHIN THE MUNICIPALITY 7 CONSIDERING A PROPOSED SUBDIVISION, CHANGE OF LAND USE OR LAND 8 DEVELOPMENT WHEN THE GOVERNING BODY DETERMINES THAT THE PROPOSAL 9 WILL HAVE A NEGATIVE IMPACT ON THE RESIDENTS IN ITS 10 MUNICIPALITY. 11 SECTION 602.1. COUNTY REVIEW; DISPUTE RESOLUTION.--(A) A 12 MUNICIPAL ZONING ORDINANCE THAT COMPLIES WITH SECTIONS 301(C) 13 AND 303(D) CREATES AN IRREBUTTABLE PRESUMPTION THAT THE 14 ORDINANCE IS COMPATIBLE WITH THE COMPREHENSIVE PLAN. 15 (B) THE COUNTY PLANNING COMMISSION SHALL OFFER A MEDIATION 16 OPTION TO ANY MUNICIPALITY WHICH BELIEVES THAT ITS CITIZENS WILL 17 EXPERIENCE HARM AS THE RESULT OF THE ADOPTION OF A ZONING 18 ORDINANCE OR AN AMENDMENT TO AN EXISTING ZONING ORDINANCE IN A 19 CONTIGUOUS MUNICIPALITY, IF THAT CONTIGUOUS MUNICIPALITY AGREES. 20 IN EXERCISING SUCH AN OPTION, THE MEDIATING PARTIES SHALL MEET 21 THE STIPULATIONS AND FOLLOW THE PROCEDURES SET FORTH IN ARTICLE 22 IX. THE COST OF THE MEDIATION SHALL BE SHARED EQUALLY BY THE 23 PARTIES, UNLESS OTHERWISE AGREED. 24 (C) WHERE A MUNICIPALITY, EITHER THROUGH ITS OWN 25 COMPREHENSIVE PLAN AND IMPLEMENTING ORDINANCES, OR THROUGH A 26 MULTIMUNICIPAL PLAN AND IMPLEMENTING ORDINANCES, IS GENERALLY 27 CONSISTENT WITH THE COUNTY COMPREHENSIVE PLAN, AND THE COUNTY 28 COMPREHENSIVE PLAN TAKEN TOGETHER WITH MUNICIPAL PLANS AND 29 ORDINANCES MAKES A REASONABLE AMOUNT OF LAND IN REASONABLE 30 GEOGRAPHIC AREAS AVAILABLE FOR ALL USES DISPERSED THROUGHOUT THE 19990H0013B3121 - 31 -
1 COUNTY, INCLUDING A WIDE RANGE OF HOUSING OPPORTUNITIES FOR ALL 2 INCOME LEVELS, A COURT SHALL CONSIDER ALL USES AND ZONING 3 DENSITIES AVAILABLE IN THE COUNTY RATHER THAN THE SPECIFIC 4 MUNICIPALITY WHOSE ORDINANCE IS UNDER REVIEW. THE COURT SHALL 5 PAY PARTICULAR ATTENTION TO THE COORDINATION OF PLANS AND 6 ORDINANCES WHERE THE CHALLENGE TO AN ORDINANCE INVOLVES THE 7 CONVERSION OF LAND OTHERWISE PLANNED AND ZONED FOR AGRICULTURAL 8 USES, OPEN SPACE, NATURAL AND HISTORIC AREA PRESERVATION AND 9 CONSERVATION TO OTHER USES. 10 (D) (1) NOTWITHSTANDING ANY STATUTE OR REGULATION TO THE 11 CONTRARY, MUNICIPALITIES THAT ENTER INTO A JOINT MUNICIPAL 12 ZONING ORDINANCE, IN CONFORMITY WITH ARTICLE VIII-A, SHALL BE 13 ENTITLED TO PRIORITY CONSIDERATION WHEN APPLYING FOR STATE 14 FINANCIAL ASSISTANCE FOR PROGRAMS, INCLUDING, BUT NOT LIMITED 15 TO: 16 (I) PLANNING. 17 (II) ECONOMIC DEVELOPMENT. 18 (III) HOUSING. 19 (IV) PENNVEST. 20 (V) DEPARTMENT OF TRANSPORTATION. 21 (VI) RECREATION. 22 (VII) OPEN SPACE AND FARMLAND PRESERVATION. 23 (2) NO MORE THAN 25% OF THE TOTAL FUNDS AVAILABLE FOR 24 EACH OF THESE PROGRAMS SHALL BE DISBURSED UNDER PRIORITY 25 STATUS PURSUANT TO THIS PROVISION. 26 (3) MUNICIPALITIES THAT ENTER INTO A JOINT MUNICIPAL 27 ZONING ORDINANCE, WHICH COMPLIES TO PROVISIONS OF SECTION 28 602.1(C), MAY ALSO BY AGREEMENT SHARE TAX REVENUES AND FEES 29 GENERATED FROM MUNICIPALITIES LOCATED WITHIN THE REGION. 30 SECTION 8. SECTION 603 OF THE ACT, AMENDED DECEMBER 14, 1992 19990H0013B3121 - 32 -
1 (P.L.815, NO.131), IS AMENDED TO READ:
2 SECTION 603. ORDINANCE PROVISIONS.--(A) ZONING ORDINANCES
3 SHOULD REFLECT THE POLICY GOALS OF THE STATEMENT OF COMMUNITY
4 DEVELOPMENT OBJECTIVES REQUIRED IN SECTION 606, AND GIVE
5 CONSIDERATION TO THE CHARACTER OF THE MUNICIPALITY, THE NEEDS OF
6 THE CITIZENS AND THE SUITABILITIES AND SPECIAL NATURE OF
7 PARTICULAR PARTS OF THE MUNICIPALITY.
8 (B) ZONING ORDINANCES MAY PERMIT, PROHIBIT, REGULATE,
9 RESTRICT AND DETERMINE:
10 (1) USES OF LAND, WATERCOURSES AND OTHER BODIES OF
11 WATER.
12 (2) SIZE, HEIGHT, BULK, LOCATION, ERECTION,
13 CONSTRUCTION, REPAIR, MAINTENANCE, ALTERATION, RAZING,
14 REMOVAL AND USE OF STRUCTURES.
15 (3) AREAS AND DIMENSIONS OF LAND AND BODIES OF WATER TO
16 BE OCCUPIED BY USES AND STRUCTURES, AS WELL AS AREAS, COURTS,
17 YARDS, AND OTHER OPEN SPACES AND DISTANCES TO BE LEFT
18 UNOCCUPIED BY USES AND STRUCTURES.
19 (4) DENSITY OF POPULATION AND INTENSITY OF USE.
20 (5) PROTECTION AND PRESERVATION OF NATURAL AND HISTORIC
21 RESOURCES AND AGRICULTURAL LAND AND ACTIVITIES.
22 (C) ZONING ORDINANCES MAY CONTAIN:
23 (1) PROVISIONS FOR SPECIAL EXCEPTIONS AND VARIANCES
24 ADMINISTERED BY THE ZONING HEARING BOARD, WHICH PROVISIONS
25 SHALL BE IN ACCORDANCE WITH THIS ACT;
26 (2) PROVISIONS FOR CONDITIONAL USES TO BE ALLOWED OR
27 DENIED BY THE GOVERNING BODY PURSUANT TO PUBLIC NOTICE AND
28 HEARING AND RECOMMENDATIONS BY THE PLANNING AGENCY AND
29 PURSUANT TO EXPRESS STANDARDS AND CRITERIA SET FORTH IN THE
30 ZONING ORDINANCES. IN ALLOWING A CONDITIONAL USE, THE
19990H0013B3121 - 33 -
1 GOVERNING BODY MAY ATTACH SUCH REASONABLE CONDITIONS AND 2 SAFEGUARDS, IN ADDITION TO THOSE EXPRESSED IN THE ORDINANCE, 3 AS IT MAY DEEM NECESSARY TO IMPLEMENT THE PURPOSES OF THIS 4 ACT AND THE ZONING ORDINANCE; 5 (2.1) WHEN AN APPLICATION FOR EITHER A SPECIAL EXCEPTION 6 OR A CONDITIONAL USE HAS BEEN FILED WITH EITHER THE ZONING 7 HEARING BOARD OR GOVERNING BODY, AS RELEVANT, AND THE SUBJECT 8 MATTER OF SUCH APPLICATION WOULD ULTIMATELY CONSTITUTE EITHER 9 A "LAND DEVELOPMENT" AS DEFINED IN SECTION 107 OR A 10 "SUBDIVISION" AS DEFINED IN SECTION 107, NO CHANGE OR 11 AMENDMENT OF THE ZONING, SUBDIVISION OR OTHER GOVERNING 12 ORDINANCE OR PLANS SHALL AFFECT THE DECISION ON SUCH 13 APPLICATION ADVERSELY TO THE APPLICANT AND THE APPLICANT 14 SHALL BE ENTITLED TO A DECISION IN ACCORDANCE WITH THE 15 PROVISIONS OF THE GOVERNING ORDINANCES OR PLANS AS THEY STOOD 16 AT THE TIME THE APPLICATION WAS DULY FILED. PROVIDED, 17 FURTHER, SHOULD SUCH AN APPLICATION BE APPROVED BY EITHER THE 18 ZONING HEARING BOARD OR GOVERNING BODY, AS RELEVANT, 19 APPLICANT SHALL BE ENTITLED TO PROCEED WITH THE SUBMISSION OF 20 EITHER LAND DEVELOPMENT OR SUBDIVISION PLANS WITHIN A PERIOD 21 OF SIX MONTHS OR LONGER OR AS MAY BE APPROVED BY EITHER THE 22 ZONING HEARING BOARD OR THE GOVERNING BODY FOLLOWING THE DATE 23 OF SUCH APPROVAL IN ACCORDANCE WITH THE PROVISIONS OF THE 24 GOVERNING ORDINANCES OR PLANS AS THEY STOOD AT THE TIME THE 25 APPLICATION WAS DULY FILED BEFORE EITHER THE ZONING HEARING 26 BOARD OR GOVERNING BODY, AS RELEVANT. IF EITHER A LAND 27 DEVELOPMENT OR SUBDIVISION PLAN IS SO FILED WITHIN SAID 28 PERIOD, SUCH PLAN SHALL BE SUBJECT TO THE PROVISIONS OF 29 SECTION 508(1) THROUGH (4), AND SPECIFICALLY TO THE TIME 30 LIMITATIONS OF SECTION 508(4) WHICH SHALL COMMENCE AS OF THE 19990H0013B3121 - 34 -
1 DATE OF FILING SUCH LAND DEVELOPMENT OR SUBDIVISION PLAN; 2 (2.2) PROVISIONS FOR REGULATING TRANSFERABLE DEVELOPMENT 3 RIGHTS, ON A VOLUNTARY BASIS, INCLUDING PROVISIONS FOR THE 4 PROTECTION OF PERSONS ACQUIRING THE SAME, IN ACCORDANCE WITH 5 EXPRESS STANDARDS AND CRITERIA SET FORTH IN THE ORDINANCE AND 6 SECTION 619.1; 7 (2.3) PROVISIONS FOR RECIPROCAL AGREEMENTS AMONG 8 MUNICIPALITIES FOR A SYSTEM OF TRANSFER OF DEVELOPMENT RIGHTS 9 ON A REGIONAL BASIS IN ORDER TO PRESERVE AGRICULTURAL LAND, 10 ENVIRONMENTALLY SENSITIVE AREAS AND AREAS OF CULTURAL OR 11 HISTORIC SIGNIFICANCE; 12 (3) PROVISIONS FOR THE ADMINISTRATION AND ENFORCEMENT OF 13 SUCH ORDINANCES; 14 (4) SUCH OTHER PROVISIONS AS MAY BE NECESSARY TO 15 IMPLEMENT THE PURPOSES OF THIS ACT; 16 (5) PROVISIONS TO ENCOURAGE INNOVATION AND TO PROMOTE 17 FLEXIBILITY, ECONOMY AND INGENUITY IN DEVELOPMENT, INCLUDING 18 SUBDIVISIONS AND LAND DEVELOPMENTS AS DEFINED IN THIS ACT; 19 AND 20 (6) PROVISIONS AUTHORIZING INCREASES IN THE PERMISSIBLE 21 DENSITY OF POPULATION OR INTENSITY OF A PARTICULAR USE BASED 22 UPON EXPRESSED STANDARDS AND CRITERIA SET FORTH IN THE ZONING 23 ORDINANCE[.], ESPECIALLY INCREASES THAT WOULD PROMOTE AND 24 PRESERVE AGRICULTURAL LAND, ENVIRONMENTALLY SENSITIVE AREAS 25 AND AREAS OF CULTURAL OR HISTORIC SIGNIFICANCE. 26 (D) ZONING ORDINANCES MAY INCLUDE PROVISIONS REGULATING THE 27 SITING, DENSITY AND DESIGN OF RESIDENTIAL, COMMERCIAL, 28 INDUSTRIAL AND OTHER DEVELOPMENTS IN ORDER TO ASSURE THE 29 AVAILABILITY OF RELIABLE, SAFE AND ADEQUATE WATER SUPPLIES TO 30 SUPPORT THE INTENDED LAND USES WITHIN THE CAPACITY OF AVAILABLE 19990H0013B3121 - 35 -
1 WATER RESOURCES. 2 (E) ZONING ORDINANCES MAY NOT UNDULY RESTRICT THE DISPLAY OF 3 RELIGIOUS SYMBOLS ON PROPERTY BEING USED FOR RELIGIOUS PURPOSES. 4 (F) ZONING ORDINANCES MAY NOT UNREASONABLY RESTRICT FORESTRY 5 ACTIVITIES. 6 (G) (1) ZONING ORDINANCES SHALL PROVIDE FOR THE PROTECTION 7 OF AGRICULTURAL LAND AND PROMOTE THE ESTABLISHMENT OF 8 AGRICULTURAL SECURITY AREAS. 9 (2) ZONING ORDINANCES SHALL PROVIDE FOR PROTECTION OF 10 IDENTIFIED NATURAL AND CULTURAL FEATURES AND RESOURCES, 11 INCLUDING, BUT NOT LIMITED TO, AIR QUALITY, WETLANDS AND 12 AQUIFER RECHARGE ZONES, WOODLANDS, STEEP SLOPES, FLOODPLAINS, 13 UNIQUE NATURAL SITES AND UNIQUE HISTORIC SITES. 14 (H) IF A MUNICIPALITY WISHES TO REZONE LAND IN A MANNER NOT 15 GENERALLY CONSISTENT WITH ITS COMPREHENSIVE PLAN, IT MUST 16 CONCURRENTLY AMEND ITS COMPREHENSIVE PLAN AND FOLLOW THE 17 PROCEDURES OUTLINED IN ARTICLE III. 18 (I) NOTHING IN THIS ACT SHALL PREVENT A MUNICIPALITY FROM 19 AMENDING INDIVIDUAL ELEMENTS OF ITS COMPREHENSIVE PLAN AT ANY 20 TIME, SO LONG AS THE COMPREHENSIVE PLAN REMAINS GENERALLY 21 CONSISTENT WITH THE COUNTY COMPREHENSIVE PLAN AND COMPATIBLE 22 WITH THE COMPREHENSIVE PLANS OF ABUTTING MUNICIPALITIES AND SO 23 LONG AS THE MUNICIPALITY ALSO ADOPTS CONCURRENTLY SUCH 24 ORDINANCES AS ARE REQUIRED TO IMPLEMENT THE AMENDMENT. 25 SECTION 9. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ: 26 ARTICLE VII-A 27 TRADITIONAL NEIGHBORHOOD DEVELOPMENT 28 SECTION 701-A. PURPOSES AND OBJECTIVES.--(A) IN AN ERA OF 29 INCREASING SPRAWLED DEVELOPMENT AND OF GROWING DEMAND FOR 30 HOUSING OF ALL TYPES AND DESIGN, THIS ARTICLE GRANTS POWERS TO 19990H0013B3121 - 36 -
1 MUNICIPALITIES FOR THE FOLLOWING PURPOSES: 2 (1) TO INSURE THAT THE PROVISIONS OF ARTICLE VI WHICH 3 ARE CONCERNED IN PART WITH THE UNIFORM TREATMENT OF DWELLING 4 TYPE, BULK, DENSITY, INTENSITY AND OPEN SPACE WITHIN EACH 5 ZONING DISTRICT, SHALL NOT BE APPLIED TO THE IMPROVEMENT OF 6 LAND BY OTHER THAN LOT BY LOT DEVELOPMENT IN A MANNER THAT 7 WOULD DISTORT THE OBJECTIVES OF ARTICLE VI; 8 (2) TO ENCOURAGE INNOVATIONS IN RESIDENTIAL AND 9 NONRESIDENTIAL DEVELOPMENT AND RENEWAL WHICH MAKES USE OF A 10 MIXED USE FORM OF DEVELOPMENT SO THAT THE GROWING DEMAND FOR 11 HOUSING AND OTHER DEVELOPMENT MAY BE MET BY GREATER VARIETY 12 IN TYPE, DESIGN AND LAYOUT OF DWELLINGS AND OTHER BUILDINGS 13 AND STRUCTURES AND BY THE CONSERVATION AND MORE EFFICIENT USE 14 OF OPEN SPACE ANCILLARY TO SAID DWELLINGS AND USES; 15 (3) TO EXTEND GREATER OPPORTUNITIES FOR BETTER HOUSING, 16 RECREATION AND ACCESS TO GOODS, SERVICES AND EMPLOYMENT 17 OPPORTUNITIES TO ALL CITIZENS AND RESIDENTS OF THIS 18 COMMONWEALTH; 19 (4) TO ENCOURAGE A MORE EFFICIENT USE OF LAND AND OF 20 PUBLIC SERVICES TO REFLECT CHANGES IN THE TECHNOLOGY OF LAND 21 DEVELOPMENT SO THAT ECONOMIES SECURED MAY BENEFIT THOSE WHO 22 NEED HOMES AND FOR OTHER USES; 23 (5) TO ALLOW FOR THE DEVELOPMENT OF FULLY INTEGRATED, 24 MIXED-USE PEDESTRIAN ORIENTED NEIGHBORHOODS; 25 (6) TO MINIMIZE TRAFFIC CONGESTION, SUBURBAN SPRAWL, 26 INFRASTRUCTURE COSTS AND ENVIRONMENTAL DEGRADATION; 27 (7) TO PROMOTE THE IMPLEMENTATION OF THE OBJECTIVES OF 28 THE MUNICIPAL OR MULTIMUNICIPAL COMPREHENSIVE PLAN FOR 29 GUIDING THE LOCATION FOR GROWTH; 30 (8) TO PROVIDE A PROCEDURE, IN AID OF THESE PURPOSES, 19990H0013B3121 - 37 -
1 WHICH CAN RELATE THE TYPE, DESIGN AND LAYOUT OF RESIDENTIAL 2 AND NONRESIDENTIAL DEVELOPMENT TO THE PARTICULAR SITE AND THE 3 PARTICULAR DEMAND FOR HOUSING EXISTING AT THE TIME OF 4 DEVELOPMENT IN A MANNER CONSISTENT WITH THE PRESERVATION OF 5 THE PROPERTY VALUES WITHIN EXISTING RESIDENTIAL AND 6 NONRESIDENTIAL AREAS; AND 7 (9) TO INSURE THAT THE INCREASED FLEXIBILITY OF 8 REGULATIONS OVER LAND DEVELOPMENT AUTHORIZED HEREIN IS 9 CARRIED OUT UNDER SUCH ADMINISTRATIVE STANDARDS AND PROCEDURE 10 AS SHALL ENCOURAGE THE DISPOSITION OF PROPOSALS FOR LAND 11 DEVELOPMENT WITHOUT UNDUE DELAY. 12 (B) THE OBJECTIVES OF A TRADITIONAL NEIGHBORHOOD DEVELOPMENT 13 ARE: 14 (1) TO ESTABLISH A COMMUNITY WHICH IS PEDESTRIAN- 15 ORIENTED WITH A NUMBER OF PARKS, A CENTRALLY LOCATED PUBLIC 16 COMMONS, SQUARE, PLAZA, PARK OR PROMINENT INTERSECTION OF TWO 17 OR MORE MAJOR STREETS, COMMERCIAL ENTERPRISES AND CIVIC AND 18 OTHER PUBLIC BUILDINGS AND FACILITIES FOR SOCIAL ACTIVITY, 19 RECREATION AND COMMUNITY FUNCTIONS; 20 (2) TO MINIMIZE TRAFFIC CONGESTION AND REDUCE THE NEED 21 FOR EXTENSIVE ROAD CONSTRUCTION BY REDUCING THE NUMBER AND 22 LENGTH OF AUTOMOBILE TRIPS REQUIRED TO ACCESS EVERYDAY NEEDS; 23 (3) TO MAKE PUBLIC TRANSIT A VIABLE ALTERNATIVE TO THE 24 AUTOMOBILE BY ORGANIZING APPROPRIATE BUILDING DENSITIES; 25 (4) TO PROVIDE THE ELDERLY AND THE YOUNG WITH 26 INDEPENDENCE OF MOVEMENT BY LOCATING MOST DAILY ACTIVITIES 27 WITHIN WALKING DISTANCE; 28 (5) TO FOSTER THE ABILITY OF CITIZENS TO COME TO KNOW 29 EACH OTHER AND TO WATCH OVER THEIR MUTUAL SECURITY BY 30 PROVIDING PUBLIC SPACES SUCH AS STREETS, PARKS AND SQUARES 19990H0013B3121 - 38 -
1 AND MIXED USE WHICH MAXIMIZES THE PROXIMITY TO NEIGHBORS AT 2 ALMOST ALL TIMES OF THE DAY; 3 (6) TO FOSTER A SENSE OF PLACE AND COMMUNITY BY 4 PROVIDING A SETTING THAT ENCOURAGES THE NATURAL INTERMINGLING 5 OF EVERYDAY USES AND ACTIVITIES WITHIN A RECOGNIZABLE 6 NEIGHBORHOOD; 7 (7) TO INTEGRATE AGE AND INCOME GROUPS AND FOSTER THE 8 BONDS OF AN AUTHENTIC COMMUNITY BY PROVIDING A RANGE OF 9 HOUSING TYPES, SHOPS AND WORKPLACES; AND 10 (8) TO ENCOURAGE COMMUNITY ORIENTED INITIATIVES AND TO 11 SUPPORT THE BALANCED DEVELOPMENT OF SOCIETY BY PROVIDING 12 SUITABLE CIVIC AND PUBLIC BUILDINGS AND FACILITIES. 13 SECTION 702-A. GRANT OF POWER.--THE GOVERNING BODY OF EACH 14 MUNICIPALITY MAY ENACT, AMEND AND REPEAL PROVISIONS OF A ZONING 15 ORDINANCE IN ORDER TO FIX STANDARDS AND CONDITIONS FOR 16 TRADITIONAL NEIGHBORHOOD DEVELOPMENT. THE PROVISIONS FOR 17 STANDARDS AND CONDITIONS FOR TRADITIONAL NEIGHBORHOOD 18 DEVELOPMENT SHALL BE INCLUDED WITHIN THE ZONING ORDINANCE AND 19 THE ENACTMENT OF THE TRADITIONAL NEIGHBORHOOD DEVELOPMENT 20 PROVISIONS SHALL BE IN ACCORDANCE WITH THE PROCEDURES REQUIRED 21 FOR THE ENACTMENT OF AN AMENDMENT OF A ZONING ORDINANCE AS 22 PROVIDED IN ARTICLE VI. THE PROVISIONS SHALL: 23 (1) SET FORTH THE STANDARDS, CONDITIONS AND REGULATIONS 24 INCLUDING, IF DESIRED, THE USE OF OVERLAY ZONES, FOR A 25 TRADITIONAL NEIGHBORHOOD DEVELOPMENT CONSISTENT WITH THIS 26 ARTICLE. 27 (2) SET FORTH THE PROCEDURES PERTAINING TO THE 28 APPLICATION FOR, HEARING ON AND TENTATIVE AND FINAL APPROVAL 29 OF A TRADITIONAL NEIGHBORHOOD DEVELOPMENT, WHICH SHALL BE 30 CONSISTENT WITH THIS ARTICLE FOR THOSE APPLICATIONS AND 19990H0013B3121 - 39 -
1 HEARINGS. 2 SECTION 703-A. TRANSFERABLE DEVELOPMENT RIGHTS.-- 3 MUNICIPALITIES ELECTING TO ENACT TRADITIONAL NEIGHBORHOOD 4 DEVELOPMENT PROVISIONS MAY ALSO INCORPORATE PROVISIONS FOR 5 TRANSFERABLE DEVELOPMENT RIGHTS, ON A VOLUNTARY BASIS, IN 6 ACCORDANCE WITH EXPRESS STANDARDS AND CRITERIA SET FORTH IN THE 7 ORDINANCE AND WITH THE REQUIREMENTS OF ARTICLE VI. 8 SECTION 704-A. APPLICABILITY OF COMPREHENSIVE PLAN AND 9 STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES.--ALL PROVISIONS 10 AND ALL AMENDMENTS TO THE PROVISIONS ADOPTED PURSUANT TO THIS 11 ARTICLE SHALL BE BASED ON AND INTERPRETED IN RELATION TO THE 12 STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES OF THE ZONING 13 ORDINANCE AND SHALL BE CONSISTENT WITH EITHER THE COMPREHENSIVE 14 PLAN OF THE MUNICIPALITY OR THE STATEMENT OF COMMUNITY 15 DEVELOPMENT OBJECTIVES IN ACCORDANCE WITH SECTION 606. EVERY 16 APPLICATION FOR THE APPROVAL OF A TRADITIONAL NEIGHBORHOOD 17 DEVELOPMENT SHALL BE BASED ON AND INTERPRETED IN RELATION TO THE 18 STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES, AND SHALL BE 19 CONSISTENT WITH THE COMPREHENSIVE PLAN. 20 SECTION 705-A. FORMS OF TRADITIONAL NEIGHBORHOOD 21 DEVELOPMENT.--A TRADITIONAL NEIGHBORHOOD DEVELOPMENT MAY BE 22 DEVELOPED AND APPLIED IN ANY OF THE FOLLOWING FORMS. 23 (1) AS A NEW DEVELOPMENT. 24 (2) AS AN OUTGROWTH OF EXISTING DEVELOPMENT. 25 (3) AS A FORM OF URBAN INFILL WHERE EXISTING USES AND 26 STRUCTURES MAY BE INCORPORATED INTO THE DEVELOPMENT. 27 (4) IN ANY COMBINATION OR VARIATION OF THE ABOVE. 28 SECTION 706-A. STANDARDS AND CONDITIONS FOR TRADITIONAL 29 NEIGHBORHOOD DEVELOPMENT.--(A) ALL PROVISIONS ADOPTED PURSUANT 30 TO THIS ARTICLE SHALL SET FORTH ALL THE STANDARDS, CONDITIONS 19990H0013B3121 - 40 -
1 AND REGULATIONS BY WHICH A PROPOSED TRADITIONAL NEIGHBORHOOD 2 DEVELOPMENT SHALL BE EVALUATED, AND THOSE STANDARDS, CONDITIONS 3 AND REGULATIONS SHALL BE CONSISTENT WITH THE FOLLOWING 4 SUBSECTIONS. 5 (B) THE PROVISIONS ADOPTED PURSUANT TO THIS ARTICLE SHALL 6 SET FORTH THE USES PERMITTED IN TRADITIONAL NEIGHBORHOOD 7 DEVELOPMENT, WHICH USES MAY INCLUDE, BUT SHALL NOT BE LIMITED 8 TO: 9 (1) DWELLING UNITS OF ANY DWELLING TYPE OR 10 CONFIGURATION, OR ANY COMBINATION THEREOF. 11 (2) THOSE NONRESIDENTIAL USES DEEMED TO BE APPROPRIATE 12 FOR INCORPORATION IN THE DESIGN OF THE TRADITIONAL 13 NEIGHBORHOOD DEVELOPMENT. 14 (C) THE PROVISIONS MAY ESTABLISH REGULATIONS SETTING FORTH 15 THE TIMING OF DEVELOPMENT AMONG THE VARIOUS TYPES OF DWELLINGS 16 AND MAY SPECIFY WHETHER SOME OR ALL NONRESIDENTIAL USES ARE TO 17 BE BUILT BEFORE, AFTER OR AT THE SAME TIME AS THE RESIDENTIAL 18 USES. 19 (D) THE PROVISIONS ADOPTED PURSUANT TO THIS ARTICLE SHALL 20 ESTABLISH STANDARDS GOVERNING THE DENSITY, OR INTENSITY OF LAND 21 USE, IN A TRADITIONAL NEIGHBORHOOD DEVELOPMENT. THE STANDARDS 22 MAY VARY THE DENSITY OR INTENSITY OF LAND USE, OTHERWISE 23 APPLICABLE TO THE LAND UNDER THE PROVISIONS OF A ZONING 24 ORDINANCE OF THE MUNICIPALITY WITHIN THE TRADITIONAL 25 NEIGHBORHOOD DEVELOPMENT. IT IS RECOMMENDED THAT THE PROVISIONS 26 ADOPTED BY THE MUNICIPALITY PURSUANT TO THIS ARTICLE INCLUDE, 27 BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING: 28 (1) THE AMOUNT, LOCATION AND PROPOSED USE OF COMMON OPEN 29 SPACE, PROVIDING FOR PARKS TO BE DISTRIBUTED THROUGHOUT THE 30 NEIGHBORHOOD AS WELL AS THE ESTABLISHMENT OF A CENTRALLY 19990H0013B3121 - 41 -
1 LOCATED PUBLIC COMMONS, SQUARE, PARK, PLAZA OR PROMINENT 2 INTERSECTION OF TWO OR MORE MAJOR STREETS. 3 (2) THE LOCATION AND PHYSICAL CHARACTERISTICS OF THE 4 SITE OF THE PROPOSED TRADITIONAL NEIGHBORHOOD DEVELOPMENT, 5 PROVIDING FOR THE RETAINING AND ENHANCING, WHERE PRACTICABLE, 6 OF NATURAL FEATURES SUCH AS WETLANDS, PONDS, LAKES, 7 WATERWAYS, TREES OF HIGH QUALITY, SIGNIFICANT TREE STANDS AND 8 OTHER SIGNIFICANT NATURAL FEATURES. THESE SIGNIFICANT NATURAL 9 FEATURES SHOULD BE AT LEAST PARTIALLY FRONTED BY PUBLIC 10 TRACTS WHENEVER POSSIBLE. 11 (3) THE LOCATION AND PHYSICAL CHARACTERISTICS OF THE 12 SITE OF THE PROPOSED TRADITIONAL NEIGHBORHOOD DEVELOPMENT SO 13 THAT IT WILL DEVELOP OUT OF THE LOCATION OF SQUARES, PARKS 14 AND OTHER NEIGHBORHOOD CENTERS AND SUBCENTERS. ZONING CHANGES 15 IN BUILDING TYPE SHOULD GENERALLY OCCUR AT MID-BLOCK RATHER 16 THAN MID-STREET AND BUILDINGS SHOULD TEND TO BE ZONED BY 17 COMPATIBILITY OF BUILDING TYPE RATHER THAN BUILDING USE. THE 18 PROPOSED TRADITIONAL NEIGHBORHOOD DEVELOPMENT SHOULD BE 19 DESIGNED TO WORK WITH THE TOPOGRAPHY OF THE SITE TO MINIMIZE 20 THE AMOUNT OF GRADING NECESSARY TO ACHIEVE A STREET NETWORK, 21 AND SOME SIGNIFICANT HIGH POINTS OF THE SITE SHOULD BE SET 22 ASIDE FOR PUBLIC TRACTS FOR THE LOCATION OF PUBLIC BUILDINGS 23 OR OTHER PUBLIC FACILITIES. 24 (4) THE LOCATION, DESIGN, TYPE AND USE OF STRUCTURES 25 PROPOSED, WITH MOST STRUCTURES BEING PLACED CLOSE TO THE 26 STREET AT GENERALLY THE EQUIVALENT OF ONE-QUARTER THE WIDTH 27 OF THE LOT OR LESS. THE DISTANCE BETWEEN THE SIDEWALK AND 28 RESIDENTIAL DWELLINGS SHOULD, AS A GENERAL RULE, BE OCCUPIED 29 BY A SEMI-PUBLIC ATTACHMENT, SUCH AS A PORCH OR, AT A 30 MINIMUM, A COVERED ENTRYWAY. 19990H0013B3121 - 42 -
1 (5) THE LOCATION, DESIGN, TYPE AND USE OF STREETS, 2 ALLEYS, SIDEWALKS AND OTHER PUBLIC RIGHTS-OF-WAY WITH A 3 HIERARCHY OF STREETS LAID OUT IN A RECTILINEAR OR GRID 4 PATTERN OF INTERCONNECTING STREETS AND BLOCKS THAT PROVIDE 5 MULTIPLE ROUTES FROM ORIGINS TO DESTINATIONS AND ARE 6 APPROPRIATELY DESIGNED TO SERVE THE NEEDS OF PEDESTRIANS AND 7 VEHICLES EQUALLY. AS SUCH, MOST STREETS, EXCEPT ALLEYS, 8 SHOULD HAVE SIDEWALKS. 9 (6) THE LOCATION FOR VEHICULAR PARKING WITH THE STREET 10 PLAN PROVIDING FOR ON STREET PARKING FOR MOST STREETS, WITH 11 THE EXCEPTION OF ALLEYS. ALL PARKING LOTS, EXCEPT WHERE THERE 12 IS A COMPELLING REASON TO THE CONTRARY, SHOULD BE LOCATED 13 EITHER BEHIND OR TO THE SIDE OF BUILDINGS AND, IN MOST CASES, 14 SHOULD BE LOCATED TOWARD THE CENTER OF BLOCKS SUCH THAT ONLY 15 THEIR ACCESS IS VISIBLE FROM ADJACENT STREETS. IN MOST CASES, 16 STRUCTURES LOCATED ON LOTS SMALLER THAN 50 FEET IN WIDTH 17 SHOULD BE SERVED BY A REAR ALLEY WITH ALL GARAGES FRONTING ON 18 ALLEYS. GARAGES NOT SERVED BY AN ALLEY SHOULD BE SET BACK A 19 MINIMUM OF 20 FEET FROM THE FRONT OF THE HOUSE OR ROTATED SO 20 THAT THE GARAGE DOORS DO NOT FACE ANY ADJACENT STREETS. 21 (7) THE MINIMUM AND MAXIMUM AREAS AND DIMENSIONS OF THE 22 PROPERTIES AND COMMON OPEN SPACE WITHIN THE PROPOSED 23 TRADITIONAL NEIGHBORHOOD DEVELOPMENT AND THE APPROXIMATE 24 DISTANCE FROM THE CENTER TO THE EDGE OF THE TRADITIONAL 25 NEIGHBORHOOD DEVELOPMENT. IT IS RECOMMENDED THAT THE DISTANCE 26 FROM THE CENTER TO THE EDGE OF THE TRADITIONAL NEIGHBORHOOD 27 DEVELOPMENT BE APPROXIMATELY ONE-QUARTER MILE OR LESS AND NOT 28 MORE THAN ONE-HALF MILE. TRADITIONAL NEIGHBORHOOD 29 DEVELOPMENTS IN EXCESS OF ONE-HALF MILE DISTANCE FROM CENTER 30 TO EDGE SHOULD BE DIVIDED INTO TWO OR MORE DEVELOPMENTS. 19990H0013B3121 - 43 -
1 (8) THE SITE PLAN TO PROVIDE FOR EITHER A NATURAL OR 2 MANMADE CORRIDOR TO SERVE AS THE EDGE OF THE NEIGHBORHOOD. 3 WHEN STANDING ALONE, THE TRADITIONAL NEIGHBORHOOD DEVELOPMENT 4 SHOULD FRONT ON OPEN SPACE TO SERVE AS ITS EDGE. SUCH OPEN 5 SPACE MAY INCLUDE, BUT IS NOT LIMITED TO, PARKS, A GOLF 6 COURSE, CEMETERY, FARMLAND OR NATURAL SETTINGS SUCH AS 7 WOODLANDS OR WATERWAYS. WHEN ADJACENT TO EXISTING DEVELOPMENT 8 THE TRADITIONAL NEIGHBORHOOD DEVELOPMENT SHOULD EITHER FRONT 9 ON OPEN SPACE, A STREET OR ROADWAY, OR ANY COMBINATION 10 HEREOF. 11 (9) THE GREATEST DENSITY OF HOUSING AND THE 12 PREPONDERANCE OF OFFICE AND COMMERCIAL USES SHOULD BE LOCATED 13 IN THE CENTER OF THE TRADITIONAL NEIGHBORHOOD DEVELOPMENT. 14 HOWEVER, IF THE NEIGHBORHOOD IS ADJACENT TO EXISTING 15 DEVELOPMENT OR A MAJOR ROADWAY THEN OFFICE, COMMERCIAL AND 16 DENSER RESIDENTIAL USES MAY BE LOCATED AT EITHER THE EDGE OR 17 THE CENTER, OR BOTH. COMMERCIAL USES LOCATED AT THE EDGE OF 18 THE TRADITIONAL NEIGHBORHOOD DEVELOPMENT MAY BE LOCATED 19 ADJACENT TO SIMILAR COMMERCIAL USES IN ORDER TO FORM A 20 GREATER COMMERCIAL CORRIDOR. 21 (E) IN THE CASE OF A TRADITIONAL NEIGHBORHOOD DEVELOPMENT 22 PROPOSED TO BE DEVELOPED OVER A PERIOD OF YEARS, STANDARDS 23 ESTABLISHED IN PROVISIONS ADOPTED PURSUANT TO THIS ARTICLE MAY, 24 TO ENCOURAGE THE FLEXIBILITY OF HOUSING DENSITY, DESIGN AND TYPE 25 INTENDED BY THIS ARTICLE: 26 (1) PERMIT A VARIATION IN EACH SECTION TO BE DEVELOPED 27 FROM THE DENSITY, OR INTENSITY OF USE, ESTABLISHED FOR THE 28 ENTIRE TRADITIONAL NEIGHBORHOOD DEVELOPMENT. 29 (2) ALLOW FOR A GREATER CONCENTRATION OF DENSITY OR 30 INTENSITY OF LAND USE, WITHIN SOME SECTION OR SECTIONS OF 19990H0013B3121 - 44 -
1 DEVELOPMENT, WHETHER IT BE EARLIER OR LATER IN THE 2 DEVELOPMENT THAN UPON OTHERS. 3 (3) REQUIRE THAT THE APPROVAL OF SUCH GREATER 4 CONCENTRATION OF DENSITY OR INTENSITY OF LAND USE FOR ANY 5 SECTION TO BE DEVELOPED BE OFFSET BY A SMALLER CONCENTRATION 6 IN ANY COMPLETED PRIOR STAGE OR BY AN APPROPRIATE RESERVATION 7 OF COMMON OPEN SPACE ON THE REMAINING LAND BY A GRANT OF 8 EASEMENT OR BY COVENANT IN FAVOR OF THE MUNICIPALITY, 9 PROVIDED THAT THE RESERVATION SHALL, AS FAR AS PRACTICABLE, 10 DEFER THE PRECISE LOCATION OF SUCH COMMON OPEN SPACE UNTIL AN 11 APPLICATION FOR FINAL APPROVAL IS FILED SO THAT FLEXIBILITY 12 OF DEVELOPMENT WHICH IS A PRIME OBJECTIVE OF THIS ARTICLE CAN 13 BE MAINTAINED. 14 (F) PROVISIONS ADOPTED PURSUANT TO THIS ARTICLE MAY REQUIRE 15 THAT A TRADITIONAL NEIGHBORHOOD DEVELOPMENT CONTAIN A MINIMUM 16 NUMBER OF DWELLING UNITS AND A MINIMUM NUMBER OF NONRESIDENTIAL 17 UNITS. 18 (G) (1) THE AUTHORITY GRANTED A MUNICIPALITY BY ARTICLE V 19 TO ESTABLISH STANDARDS FOR THE LOCATION, WIDTH, COURSE AND 20 SURFACING OF STREETS, WALKWAYS, CURBS, GUTTERS, STREET 21 LIGHTS, SHADE TREES, WATER, SEWAGE AND DRAINAGE FACILITIES, 22 EASEMENTS OR RIGHTS-OF-WAY FOR DRAINAGE AND UTILITIES, 23 RESERVATIONS OF PUBLIC GROUNDS, OTHER IMPROVEMENTS, 24 REGULATIONS FOR THE HEIGHT AND SETBACK AS THEY RELATE TO 25 RENEWABLE ENERGY SYSTEMS AND ENERGY-CONSERVING BUILDING 26 DESIGN, REGULATIONS FOR THE HEIGHT AND LOCATION OF VEGETATION 27 WITH RESPECT TO BOUNDARY LINES, AS THEY RELATE TO RENEWABLE 28 ENERGY SYSTEMS AND ENERGY-CONSERVING BUILDING DESIGN, 29 REGULATIONS FOR THE TYPE AND LOCATION OF RENEWABLE ENERGY 30 SYSTEMS OR THEIR COMPONENTS AND REGULATIONS FOR THE DESIGN 19990H0013B3121 - 45 -
1 AND CONSTRUCTION OF STRUCTURES TO ENCOURAGE THE USE OF 2 RENEWABLE ENERGY SYSTEMS, SHALL BE VESTED IN THE GOVERNING 3 BODY OR THE PLANNING AGENCY FOR THE PURPOSES OF THIS ARTICLE. 4 (2) THE STANDARDS APPLICABLE TO A PARTICULAR TRADITIONAL 5 NEIGHBORHOOD DEVELOPMENT MAY BE DIFFERENT THAN OR 6 MODIFICATIONS OF THE STANDARDS AND REQUIREMENTS OTHERWISE 7 REQUIRED OF SUBDIVISIONS AUTHORIZED UNDER AN ORDINANCE 8 ADOPTED PURSUANT TO ARTICLE V, PROVIDED, HOWEVER, THAT 9 PROVISIONS ADOPTED PURSUANT TO THIS ARTICLE SHALL SET FORTH 10 THE LIMITS AND EXTENT OF ANY MODIFICATIONS OR CHANGES IN SUCH 11 STANDARDS AND REQUIREMENTS IN ORDER THAT A LANDOWNER SHALL 12 KNOW THE LIMITS AND EXTENT OF PERMISSIBLE MODIFICATIONS FROM 13 THE STANDARDS OTHERWISE APPLICABLE TO SUBDIVISIONS. 14 SECTION 707-A. SKETCH PLAN PRESENTATION.--THE MUNICIPALITY 15 MAY INFORMALLY MEET WITH A LANDOWNER TO INFORMALLY DISCUSS THE 16 CONCEPTUAL ASPECTS OF THE LANDOWNER'S DEVELOPMENT PLAN PRIOR TO 17 THE FILING OF THE APPLICATION FOR TENTATIVE APPROVAL FOR THE 18 DEVELOPMENT PLAN. THE LANDOWNER MAY PRESENT A SKETCH PLAN TO THE 19 MUNICIPALITY FOR DISCUSSION PURPOSES ONLY, AND DURING THE 20 DISCUSSION THE MUNICIPALITY MAY MAKE SUGGESTIONS AND 21 RECOMMENDATIONS ON THE DESIGN OF THE DEVELOPMENTAL PLAN WHICH 22 SHALL NOT BE BINDING ON THE MUNICIPALITY. 23 SECTION 708-A. MANUAL OF WRITTEN AND GRAPHIC DESIGN 24 GUIDELINES.--WHERE IT HAS ADOPTED PROVISIONS FOR A TRADITIONAL 25 NEIGHBORHOOD DEVELOPMENT, THE GOVERNING BODY OF A MUNICIPALITY 26 MAY ALSO ADOPT BY ORDINANCE, UPON REVIEW AND RECOMMENDATION OF 27 THE PLANNING COMMISSION, WHERE ONE EXISTS, A MANUAL OF WRITTEN 28 AND GRAPHIC DESIGN GUIDELINES TO ASSIST APPLICANTS IN THE 29 PREPARATION OF PROPOSALS FOR A TRADITIONAL NEIGHBORHOOD 30 DEVELOPMENT. 19990H0013B3121 - 46 -
1 SECTION 10. THIS ACT SHALL TAKE EFFECT IN 60 DAYS. A29L53JAM/19990H0013B3121 - 47 -