PRINTER'S NO. 341
No. 14 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, MELIO, HARHAI, VAN HORNE, RUBLEY, DALLY, BATTISTO,
WILLIAMS, S. MILLER, BARD, STEELMAN AND ADOLPH,
FEBRUARY 8, 1999
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 8, 1999
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," providing for intergovernmental cooperative
21 planning and implementation agreements.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 2. The act of July 31, 1968 (P.L.805, No.247), known
25 as the Pennsylvania Municipalities Planning Code, reenacted and
1 amended December 21, 1988 (P.L.1329, No.170), is amended by
2 adding an article to read:
3 ARTICLE VI-A
4 INTERGOVERNMENTAL COOPERATIVE PLANNING
5 AND IMPLEMENTATION AGREEMENTS
6 Section 601-A. Purposes.--The following powers are granted to
7 municipalities in order:
8 (1) To further purposes of this act in an area where
9 growth and development is encroaching upon valuable farmland
10 and other rural resource uses produce development patterns
11 that are neither consistent with the established character of
12 the communities or counties, nor efficient for providing
13 adequate public services.
14 (2) To provide for development that is compatible with
15 surrounding land uses and that will complement existing land
16 development with a balance of commercial, industrial and
17 residential uses.
18 (3) To protect and maintain the separate identity of
19 Pennsylvania's communities and to prevent the unnecessary
20 conversion of valuable and limited agricultural land.
21 (4) To encourage cooperation and coordinated planning
22 among adjoining municipalities so that each municipality
23 accommodates its share of the multimunicipal growth burden
24 and does not induce unnecessary or premature development of
25 rural lands.
26 (5) To minimize disruption of the economy and
27 environment of existing communities.
28 (6) To complement the economic and transportation needs
29 of the region and this Commonwealth.
30 (7) To provide for the continuation of historic
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1 community patterns.
2 (8) To provide for coordinated highways, public services
3 and development.
4 (9) To ensure that new public water and wastewater
5 treatment systems are constructed in areas that will result
6 in the maximum utilization of existing systems, prior to the
7 development and construction of new systems.
8 (10) To ensure that new or major extension of existing
9 public water and wastewater treatment systems are constructed
10 only in those areas within which anticipated growth and
11 development can adequately be sustained within the financial
12 and environmental structure of the area.
13 (11) To identify those areas where growth and
14 development will occur so that a full range of urban services
15 including sewer, water, highways, police and fire protection,
16 public schools, parks, open space and other services can be
17 adequately planned and provided as needed to accommodate the
18 growth that occurs.
19 (12) To encourage innovations in residential, commercial
20 and industrial development to meet growing population demands
21 by an increased variety in type, design and layout of
22 structures and by the conservation and more efficient use of
23 open space ancillary of such structures.
24 Section 601-A. Definitions.--Subject to additional
25 definitions contained in subsequent provisions of this article
26 which are applicable to specific provisions of this article, the
27 following words and phrases when used in this article shall have
28 the meanings given to them in this section unless the context
29 clearly indicates otherwise:
30 "Designated growth area," a region within a county described
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1 in a municipal or multimunicipal plan that includes and
2 surrounds a city, borough or village, and within which
3 residential and mixed use development is permitted or planned
4 for at densities of one unit to the acre or more, commercial,
5 industrial and institutional uses are permitted or planned for
6 and urban services are provided or planned.
7 "Development of regional significance and impact," any land
8 development that, because of its character, magnitude, or
9 location will have substantial effect upon the health, safety,
10 or welfare of citizens in more than one municipality.
11 "Future growth area," an area of a municipal or
12 multimunicipal plan outside of and adjacent to a designated
13 growth area where residential, commercial, industrial and
14 institutional uses and development are permitted or planned at
15 varying densities and urban services may or may not be provided,
16 but future development at greater densities is planned to
17 accompany the orderly extension and provision of urban services.
18 "Growth boundary," a perimeter line drawn around a designated
19 growth area for the purpose of separating such area from rural
20 resource areas in a municipal or multimunicipal comprehensive
21 plan and implemented by municipalities through intermunicipal
22 cooperative agreements, ordinances and official maps, as amended
23 from time to time to include all or part of a future growth
24 area.
25 "Rural resource area," an area described in a municipal or
26 multimunicipal plan within which rural resource uses including,
27 but not limited to, agriculture, timbering, mining, quarrying
28 and other extractive industries, forest and game lands and
29 recreation and tourism are encouraged and enhanced, development
30 that is compatible with or supportive of such uses is permitted,
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1 and urban services are not provided except in villages.
2 "Service area," a designated growth area and all or any
3 portion of a future growth area described in a county or
4 multimunicipal comprehensive plan where services will be
5 provided and outside of which such services will not be
6 provided.
7 "Services," services that are provided to areas within
8 densities of one or more units to the acre, including provision
9 of sanitary sewers and facilities for the collection and
10 treatment of sewage, water lines and facilities for the pumping
11 and treating of water, fire protection, parks and open space,
12 streets and sidewalks, public transportation and other services
13 that may be appropriate areas within a growth boundary.
14 "Specific plan," a detailed plan for development of an area
15 covered by a municipal or multimunicipal comprehensive plan,
16 which when approved and adopted by the participating
17 municipalities through ordinances and agreements, supersedes all
18 other applicable ordinances.
19 "Village," an unincorporated settlement that is part of a
20 township where residential and mixed use densities of one unit
21 to the acre or more exist or are permitted and limited
22 commercial, industrial and institutional uses exist or are
23 permitted.
24 Section 603-A. Intergovernmental Cooperative Planning and
25 Implementation Agreements.--(a) The governing bodies of a
26 county and/or local municipalities located within the county may
27 enter into intergovernmental cooperative agreements, as provided
28 by the act of July 12, 1972 (P.L.762, No.180), referred to as
29 the Intergovernmental Cooperation Law, for the purpose of
30 developing, adopting and implementing a comprehensive plan for
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1 the entire county or for any area within the county. Such
2 agreements may also be entered into between and among counties
3 and municipalities for areas that include municipalities in more
4 than one county, and between and among counties and local
5 municipalities and State agencies, school districts, authorities
6 and special districts providing water and sewer facilities,
7 transportation planning or other services within the area of a
8 plan.
9 (b) Where municipalities representing 25% of the total
10 municipalities of a county propose that the entire county adopt
11 a county comprehensive plan developed in conformity with this
12 article, the county commissioners shall, at least ninety days
13 prior to the next primary or general election, file such
14 proposal as a petition for referendum to be voted upon as
15 authorized by section 6 of the Intergovernmental Cooperation
16 Law. If adopted by the electorate, the county comprehensive plan
17 shall be implemented by intergovernmental implementation
18 agreements, conforming ordinances and resolutions, or both, as
19 appropriate.
20 Section 604-A. County or Multimunicipal Comprehensive
21 Plans.--(a) (1) The comprehensive plan that is the
22 subject of an agreement may be developed by the
23 municipalities, by the county planning agency, or agencies in
24 the case of a plan covering municipalities in more than one
25 county, in cooperation with local municipalities within the
26 area and shall include all the elements required or
27 authorized in section 301 for the region of the plan.
28 (2) The plan shall:
29 (i) Identify growth areas where:
30 (A) Orderly and efficient development to
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1 accommodate the projected growth of the area within
2 the next 20 years is planned for residential and
3 mixed use densities of one unit or more per acre.
4 (B) Commercial, industrial and institutional
5 uses to provide for the economic and employment needs
6 of the area and to insure that the area has an
7 adequate tax base are planned for.
8 (C) Services to serve such development are
9 provided or planned for.
10 (ii) Designate potential future growth areas where
11 future development is planned for densities to accompany
12 the orderly extension and provision of services.
13 (iii) Designate rural resource areas where:
14 (A) Rural resource uses are planned for.
15 (B) Development at densities that are compatible
16 with rural resource uses are or may be permitted.
17 (C) Services are not provided or planned for
18 except in villages.
19 (iv) Plan for the accommodation of all categories of
20 uses within the area of the plan, including a wide range
21 of housing opportunities for all income levels and a
22 reasonable allocation of affordable housing to
23 accommodate low to moderate-income households within all
24 of the municipalities that are included in the plan,
25 provided, however, that such housing need not be new
26 housing in rural resource areas and that all uses need
27 not be provided in every municipality, but shall be
28 planned and provided for over the area of the plan.
29 (v) Plan for developments of area wide significance
30 and impact, particularly those identified in section
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1 301(3) and (4).
2 (vi) Plan for the conservation and enhancement of
3 the natural, scenic, historic and aesthetic resources
4 within the area of the plan, including, but not limited
5 to, surface and groundwater resources, air quality,
6 forest and game lands, historic sites and scenic vistas.
7 (b) The plan may delineate a growth boundary or boundaries
8 around the perimeter of designated growth areas to separate such
9 areas from future growth areas and rural resource areas.
10 (c) The county shall have primary responsibility for
11 facilitating a joint planning process and may enter into
12 cooperative planning agreements with participating
13 municipalities governing particular planning subjects and
14 responsibilities. The planning process shall include a public
15 participation process to assure that all governing bodies,
16 municipal authorities, school districts and agencies, whether
17 public or private, having jurisdiction or operating within the
18 area of the plan and landowners and citizens affected by the
19 plan have an opportunity to be heard prior to the public
20 hearings required for the adoption of the plan under section
21 302(a).
22 (d) Adoption of the plan and plan amendments shall conform
23 to the requirements of section 302. Where a county and
24 municipality have developed and adopted a comprehensive county
25 or multimunicipal plan that conforms to the requirements of this
26 article within five years prior to the date of adoption of this
27 article, the plan may be implemented by agreements as provided
28 for in this article.
29 Section 605-A. Implementation Agreements.--(a) In order to
30 implement county and multimunicipal comprehensive plans, under
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1 section 604 counties and municipalities shall have authority to
2 enter into intergovernmental cooperative agreements with other
3 agencies, including State agencies, municipal authorities,
4 school districts, special districts and agencies, whether public
5 or private, having jurisdiction or operating within the region
6 of an adopted plan. Municipalities and agencies that enter into
7 agreements with a county to implement a county or multimunicipal
8 comprehensive plan shall be known as participating
9 municipalities and participating agencies.
10 (b) Cooperative implementation agreements between a county
11 and one or more municipalities shall:
12 (1) Establish the process that the county and
13 participating municipalities will use to achieve consistency
14 between the county or multimunicipal comprehensive plan and
15 implementing local plans and land-use regulations within
16 participating municipalities, including adoption of
17 conforming ordinances by participating municipalities within
18 two years.
19 (2) Establish a process for review and approval of
20 developments of regional significance and impact that are
21 proposed within any participating municipality.
22 (3) Establish the role and responsibilities of
23 participating municipalities with respect to implementation
24 of the plan, including the provision of services within
25 participating municipalities as described in subsection (d),
26 the purchase of real property, including rights-of-way and
27 easements, and the achievement of performance standards
28 contained in the county or multimunicipal comprehensive plan.
29 (4) Require a yearly report by participating
30 municipalities to the county planning agency and by the
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1 county planning agency to the participating municipalities
2 concerning activities carried out pursuant to the agreement
3 during the previous year.
4 (5) Describe any other duties and responsibilities as
5 may be agreed upon by the parties.
6 (c) Cooperative implementation agreements may establish
7 growth boundaries that have been identified in the county or
8 multimunicipal plan for the purpose of separating designed
9 growth areas from future growth areas and rural resource areas
10 within the plan. Growth boundaries shall generally be drawn
11 around cities, boroughs and villages where infrastructure exists
12 and future growth is planned for shall follow tax parcel lines,
13 and may include areas in more than one municipality within the
14 area of the plan. Growth boundaries, as delineated in a plan and
15 agreed to in cooperative implementation agreements, shall be
16 shown on the official map of a participating municipality as
17 provided in Article IV-A. When a growth boundary is established
18 by agreement, the agreement shall also provide a process for
19 amending the boundary to include all or portions of future
20 growth areas.
21 (d) The county shall have primary responsibility for
22 convening representatives of local municipalities, municipal
23 authorities, special districts, public utilities, whether public
24 or private, or other agencies that provide or declare an
25 interest in providing, a service in a service area or a portion
26 of a service area within growth boundary, as established in a
27 county or multimunicipal comprehensive plan, for the purpose of
28 negotiating agreements for the provision of services. The county
29 may provide or contract with others to provide technical
30 assistance, mediation or dispute resolution services in order to
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1 assist the parties in negotiating such agreements.
2 Section 606-A. Legal Effect.--Where a county and/or local
3 municipalities have adopted a county or multimunicipal plan
4 under section 604 and participating municipalities have
5 conformed their local plans and ordinances to the county or
6 multimunicipal plan by implementing cooperative agreements and
7 adopting appropriate resolutions and ordinances, the following
8 rules shall be applicable:
9 (1) The zoning ordinances of participating
10 municipalities shall not be subject to challenge by curative
11 amendment under sections 609.1 and 609.2.
12 (2) State agency decisions for the funding or permitting
13 of infrastructure or facilities shall be consistent with the
14 county or multimunicipal plan.
15 (3) Act 537 plans under the act of January 24, 1966
16 (1965 P.L.1535, No.537), known as the "Pennsylvania Sewage
17 Facilities Act," for sewage facilities shall be required to
18 be consistent with the plan adopted under this article.
19 (4) In considering any challenge to the validity of the
20 zoning ordinance of a participating municipality on the
21 ground that the ordinance is exclusionary or does not provide
22 for a specific use, a court shall consider all uses and
23 zoning densities available within the area of the plan rather
24 than within the specific municipality whose ordinance is
25 under review, and determine whether the plan as implemented
26 by consistent county and municipal ordinances makes a
27 reasonable amount of land in reasonable geographic locations
28 available for all uses within the area of the plan.
29 (b) A county and participating municipalities that have
30 adopted and implemented a county or multimunicipal plan as
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1 described in this article shall be entitled to priority
2 consideration when applying for State financial or technical
3 assistance loans or grants for projects or programs consistent
4 with the plan, including, but not limited to, the following
5 programs, as amended from time to time:
6 (1) Planning assistance grants under the act of June 27,
7 1996 (P.L.403, No.58), known as the "Community and Economic
8 Development Enhancement Act."
9 (2) Economic development loans and grants under the
10 "Community and Economic Development Enhancement Act."
11 (3) Grants for shared municipal services under the
12 "Community and Economic Development Enhancement Act."
13 (4) Housing finance loans and grants under the act of
14 December 3, 1959 (P.L.1688, No.621), known as the "Housing
15 Finance Agency Law," and the act of May 20, 1949 (P.L.1633,
16 No.493), known as the "Housing and Redevelopment Assistance
17 Law."
18 (5) PENNVEST loans and grants under the act of March 1,
19 1988 (P.L.82, No.16), known as the "Pennsylvania
20 Infrastructure Investment Authority Act."
21 (6) Transportation funding under 74 Pa.C.S. Part II
22 (relating to public transportation) and the act of July 9,
23 1985 (P.L.187, No.47), known as the Transportation
24 Partnership Act.
25 (7) Recreation and parks funding under the act of July
26 2, 1984 (P.L.527, No.106), known as the "Recreational
27 Improvement and Rehabilitation Act."
28 (8) Parks and open space funding under the act of July
29 2, 1993 (P.L.359, No.50), known as the "Keystone Recreation,
30 Park and Conservation Fund Act."
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1 (9) Funding for heritage park programs under the act of
2 June 28, 1995 (P.L.89, No.18), known as the "Conservation and
3 Natural Resources Act."
4 (10) Purchase of development rights for farmland
5 preservation under the act of June 30, 1981 (P.L.128, No.43),
6 known as the "Agricultural Area Security Law."
7 (11) Grants and assistance under the act of October 4,
8 1978 (P.L.851, No.166), known as the "Flood Plain Management
9 Act."
10 (12) Grants and assistance under the act of October 4,
11 1978 (P.L.864, No.167), known as the "Storm Water Management
12 Act."
13 (13) Grants and loans to municipalities under the act of
14 May 19, 1995 (P.L.4, No.2), known as the "Land Recycling and
15 Environmental Remediation Standards Act."
16 (c) A county and participating municipalities that have
17 entered into implementation agreements to carry out a county or
18 multimunicipal plan as described in this article shall have the
19 following additional powers:
20 (1) To provide by cooperative agreement for the sharing
21 of tax revenues and fees by municipalities within the region
22 of the plan.
23 (2) To adopt a transfer of development rights program by
24 adoption of a county ordinance applicable to the entire
25 county or to the region of the plan so as to enable
26 development rights to be transferred from rural resource
27 areas in any municipality within the plan to designated
28 growth areas in any municipality within the county or area of
29 the plan.
30 Section 607-A. Specific Plans.--(a) A county or counties
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1 and participating municipalities shall have authority to adopt a
2 specific plan for the systematic implementation of a county or
3 multimunicipal comprehensive plan for any part of the area
4 covered by the plan. Such specific plan shall include a text and
5 a diagram or diagrams and implementing ordinances which specify
6 all of the following in detail:
7 (1) The distribution, location, extent of area and
8 standards for land uses and facilities, including design of
9 sewage, water, drainage and other essential facilities needed
10 to support the land uses.
11 (2) The location, classification and design of all
12 transportation facilities, including, but not limited to,
13 streets and roads needed to serve the land uses described in
14 the specific plan.
15 (3) Standards for population density, land coverage,
16 building intensity and supporting services, including
17 utilities.
18 (4) Standards for the preservation, conservation,
19 development and use of natural resources, including the
20 protection of significant open spaces, resource lands and
21 agricultural lands within or adjacent to the area covered by
22 the specific plan.
23 (5) A program of implementation including regulations,
24 financing of the capital improvements and provisions for
25 repealing or amending the specific plan. Regulations may
26 include zoning, storm water, subdivision and land
27 development, highway access and any other provisions for
28 which municipalities are authorized by law to enact. The
29 regulations may be amended into the county or municipal
30 ordinances or adopted as separate ordinances. If enacted as
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1 separate ordinances for the area covered by the specific
2 plan, the ordinances shall repeal and replace any county or
3 municipal ordinances in effect within the area covered by the
4 specific plan and ordinances shall conform to the provisions
5 of the specific plan.
6 (b) (1) No specific plan may be adopted or amended unless
7 the proposed plan or amendment is consistent with an adopted
8 county or multi-municipal comprehensive plan.
9 (2) No capital project by any municipal authority, local
10 government, or State agency shall be approved or undertaken,
11 and no final plan, development plan or plat for any
12 subdivision or development of land shall be approved unless
13 such projects, plans or plats are consistent with the adopted
14 specific plan.
15 (c) In adopting or amending a specific plan, a county and
16 participating municipalities shall use the same procedures as
17 provided in this article for adopting comprehensive plans and
18 ordinances.
19 (d) Whenever a specific plan has been adopted, applicants
20 for subdivision or land development approval shall be required
21 to submit only a final plan as provided in Article V, provided
22 that such final plan is consistent with and implements the
23 adopted specific plan.
24 (e) A county or participating municipalities, after adopting
25 a specific plan, may impose a fee upon persons seeking
26 governmental approvals, which are required to be consistent with
27 the specific plan, for the purpose of defraying the cost of
28 preparing adopting, enforcing and administering the specific
29 plan. As nearly as can be estimated, the fee charges shall be a
30 prorated amount in accordance with the applicant's relative
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1 benefit derived from the specific plan. Counties and
2 municipalities are authorized to enter into financial agreements
3 with landowners who would benefit from the adoption of a
4 specific plan, whereby the landowner agrees to compensate a
5 county or municipality for the cost of preparing and adopting a
6 specific plan that is consistent with an adopted county or
7 multi-municipal comprehensive plan.
8 Section 2. This act shall take effect in 60 days.
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