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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 341, 3295, 3666          PRINTER'S NO. 3711

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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, ADOLPH, FRANKEL,
           GRUCELA, ROBINSON AND STETLER, FEBRUARY 8, 1999

        SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, JUNE 12, 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," adding definitions; providing for
    21     intergovernmental cooperative planning and implementation
    22     agreements; further providing for repeals; and making an
    23     editorial change.

    24     The General Assembly of the Commonwealth of Pennsylvania
    25  hereby enacts as follows:


     1     Section 1.  Section 107 of the act of July 31, 1968 (P.L.805,
     2  No.247), known as the Pennsylvania Municipalities Planning Code,
     3  reenacted and amended December 21, 1988 (P.L.1329, No.170), is
     4  amended by adding definitions to read:
     5     Section 107.  Definitions.--(a)  The following words and
     6  phrases when used in this act shall have the meanings given to
     7  them in this subsection unless the context clearly indicates
     8  otherwise:
     9     * * *
    10     "Designated growth area," a region within a county or
    11  counties described in a municipal or multimunicipal plan that
    12  preferably includes and surrounds a city, borough or village,
    13  and within which residential and mixed use development is
    14  permitted or planned for at densities of one unit to the acre or
    15  more, commercial, industrial and institutional uses are
    16  permitted or planned for and public infrastructure services are
    17  provided or planned.
    18     * * *
    19     "Development of regional significance and impact," any land
    20  development that, because of its character, magnitude, or
    21  location will have substantial effect upon the health, safety,
    22  or welfare of citizens in more than one municipality.
    23     * * *
    24     "Future growth area," an area of a municipal or
    25  multimunicipal plan outside of and adjacent to a designated
    26  growth area where residential, commercial, industrial and
    27  institutional uses and development are permitted or planned at
    28  varying densities and public infrastructure services may or may
    29  not be provided, but future development at greater densities is
    30  planned to accompany the orderly extension and provision of
    19990H0014B3711                  - 2 -

     1  public infrastructure services.
     2     * * *
     3     "Multimunicipal plan," a plan developed and adopted by any
     4  number of contiguous municipalities, including a joint municipal
     5  plan as authorized by this act.
     6     * * *
     7     "Public infrastructure area," a designated growth area and
     8  all or any portion of a future growth area described in a county
     9  or multimunicipal comprehensive plan where public infrastructure
    10  services will be provided and outside of which such public
    11  infrastructure services will not be required to be publicly
    12  financed.
    13     "Public infrastructure services," services that are provided
    14  to areas with densities of one or more units to the acre, which
    15  may include sanitary sewers and facilities for the collection
    16  and treatment of sewage, water lines and facilities for the
    17  pumping and treating of water, parks and open space, streets and
    18  sidewalks, public transportation and other services that may be
    19  appropriate within a growth area, but shall exclude fire
    20  protection and emergency medical services and any other service
    21  required to protect the health and safety of residents.
    22     * * *
    23     "Rural resource area," an area described in a municipal or
    24  multimunicipal plan within which rural resource uses including,
    25  but not limited to, agriculture, timbering, mining, quarrying
    26  and other extractive industries, forest and game lands and
    27  recreation and tourism are encouraged and enhanced, development
    28  that is compatible with or supportive of such uses is permitted,
    29  and public infrastructure services are not provided except in
    30  villages.
    19990H0014B3711                  - 3 -

     1     * * *
     2     "Specific plan," a detailed plan for nonresidential
     3  development of an area covered by a municipal or multimunicipal
     4  comprehensive plan, which when approved and adopted by the
     5  participating municipalities through ordinances and agreements,
     6  supersedes all other applicable ordinances.
     7     * * *
     8     "Village," an unincorporated settlement that is part of a
     9  township where residential and mixed use densities of one unit
    10  to the acre or more exist or are permitted and commercial,
    11  industrial or institutional uses exist or are permitted.
    12     * * *
    13     Section 2.  Sections 916.1 and 1006-A of the act are amended
    14  by adding subsections to read:
    15     Section 916.1.  Validity of Ordinance; Substantive
    16  Questions.--* * *
    17     (h)  Where municipalities have adopted a multimunicipal
    18  comprehensive plan pursuant to Article XI but have not adopted a
    19  joint municipal ordinance pursuant to Article VIII-A and all
    20  municipalities participating in the multimunicipal comprehensive
    21  plan have adopted and are administering zoning ordinances
    22  generally consistent with the provisions of the multimunicipal
    23  comprehensive plan, and a challenge is brought to the validity
    24  of a zoning ordinance of a participating municipality involving
    25  a proposed use, then the zoning hearing board or governing body,
    26  as the case may be, shall consider the availability of uses
    27  under zoning ordinances within the municipalities participating
    28  in the multimunicipal comprehensive plan within a reasonable
    29  geographic area and shall not limit its consideration to the
    30  application of the zoning ordinance on the municipality whose
    19990H0014B3711                  - 4 -

     1  zoning ordinance is being challenged.
     2     Section 1006-A.  Judicial Relief.--* * *
     3     (b.1)  Where municipalities have adopted a multimunicipal
     4  comprehensive plan pursuant to Article XI but have not adopted a
     5  joint municipal ordinance pursuant to Article VIII-A and all
     6  municipalities participating in the multimunicipal comprehensive
     7  plan have adopted and are administrating zoning ordinances
     8  generally consistent with the provisions of the multimunicipal
     9  comprehensive plan, and a challenge is brought to the validity
    10  of a zoning ordinance of a participating municipality involving
    11  a proposed use, then the court shall consider the availability
    12  of uses under zoning ordinances within the municipalities
    13  participating in the multimunicipal comprehensive plan within a
    14  reasonable geographic area and shall not limit its consideration
    15  to the application of the zoning ordinance on the municipality
    16  whose zoning ordinance is being challenged.
    17     * * *
    18     Section 3.  The heading of Article XI and sections 1101,
    19  1102, 1103, 1104, 1105, 1106 and 1107 of the act are amended to
    20  read:
    21                             ARTICLE XI
    22               [Joint Municipal Planning Commissions]
    23               Intergovernmental Cooperative Planning
    24                   and Implementation Agreements
    25     Section 1101.  [Legislative Finding and Declaration of
    26  Policy.--For the purpose of encouraging municipalities to
    27  effectively plan for their future development and to coordinate
    28  their planning with neighboring municipalities, counties and
    29  other governmental agencies, and promoting health, safety,
    30  morals and the general welfare of the various areas in the
    19990H0014B3711                  - 5 -

     1  Commonwealth through the effective development of such areas,
     2  the following powers for the establishment and operation of
     3  joint municipal planning commissions are hereby granted.]
     4  Purposes.--It is the purpose of this article:
     5         (1)  To provide for development that is compatible with
     6     surrounding land uses and that will complement existing land
     7     development with a balance of commercial, industrial and
     8     residential uses.
     9         (2)  To protect and maintain the separate identity of
    10     Pennsylvania's communities and to prevent the unnecessary
    11     conversion of valuable and limited agricultural land.
    12         (3)  To encourage cooperation and coordinated planning
    13     among adjoining municipalities so that each municipality
    14     accommodates its share of the multimunicipal growth burden
    15     and does not induce unnecessary or premature development of
    16     rural lands.
    17         (4)  To minimize disruption of the economy and
    18     environment of existing communities.
    19         (5)  To complement the economic and transportation needs
    20     of the region and this Commonwealth.
    21         (6)  To provide for the continuation of historic
    22     community patterns.
    23         (7)  To provide for coordinated highways, public services
    24     and development.
    25         (8)  To ensure that new public water and wastewater
    26     treatment systems are constructed in areas that will result
    27     in the efficient utilization of existing systems, prior to
    28     the development and construction of new systems.
    29         (9)  To ensure that new or major extension of existing
    30     public water and wastewater treatment systems are constructed
    19990H0014B3711                  - 6 -

     1     only in those areas within which anticipated growth and
     2     development can adequately be sustained within the financial
     3     and environmental resources of the area.
     4         (10)  To identify those areas where growth and
     5     development will occur so that a full range of public
     6     infrastructure services including sewer, water, highways,
     7     police and fire protection, public schools, parks, open space
     8     and other services can be adequately planned and provided as
     9     needed to accommodate the growth that occurs.
    10         (11)  To encourage innovations in residential, commercial
    11     and industrial development to meet growing population demands
    12     by an increased variety in type, design and layout of
    13     structures and by the conservation and more efficient use of
    14     open space ancillary to such structures.
    15         (12)  To facilitate the development of affordable and
    16     other types of housing in numbers consistent with the need
    17     for such housing as shown by existing and projected
    18     population and employment data for the region.
    19     Section 1102.  [Creation, Appointment and Operation of Joint
    20  Municipal Planning Commission.--The governing bodies of two or
    21  more municipalities may by ordinance authorize the establishment
    22  and participation or membership in and support of, a joint
    23  municipal planning commission. The number and qualifications of
    24  the members of such planning commission and their terms and
    25  method of appointment or removal shall be such as may be
    26  determined and agreed upon by the governing bodies. Members of a
    27  joint municipal planning commission shall serve without salary
    28  but may be paid expenses, incurred in the performance of their
    29  duties. The joint municipal planning commission shall elect a
    30  chairman whose term shall not exceed one year and who shall be
    19990H0014B3711                  - 7 -

     1  eligible for reelection. The commission may create and fill such
     2  other offices as it may determine. Every joint municipal
     3  planning commission shall adopt rules for the transactions,
     4  findings and determinations, which record shall be a public
     5  record. Each participating or member municipality may from time
     6  to time, upon the request of the joint municipal planning
     7  commission, assign or detail to the commission any employees of
     8  the municipality to make special surveys or studies.]
     9  Intergovernmental Cooperative Planning and Implementation
    10  Agreements.--For the purpose of developing, adopting and
    11  implementing a comprehensive plan for the entire county or for
    12  any area within the county, the governing bodies of
    13  municipalities located within the county or counties may enter
    14  into intergovernmental cooperative agreements, as provided by 53
    15  Pa.C.S. Ch. 23 Such. A (relating to intergovernmental
    16  cooperation), except for any provisions permitting initiative
    17  and referendum. Such agreements may also be entered into between
    18  and among counties and municipalities for areas that include
    19  municipalities in more than one county, and between and among
    20  counties, municipalities, authorities and special districts
    21  providing water and sewer facilities, transportation planning or
    22  other services within the area of a plan and with the
    23  opportunity for the active participation of State agencies and
    24  school districts. Implementation of the comprehensive plan and
    25  subdivision and zoning ordinances shall be accomplished in
    26  accordance with articles of this act.
    27     Section 1103.  [Finances, Staff and Program.--(a)  The
    28  governing bodies of municipalities shall have the authority to
    29  appropriate funds for the purpose of contributing to the
    30  operation of a joint municipal planning commission. A joint
    19990H0014B3711                  - 8 -

     1  municipal planning commission, with the consent of all the
     2  governing bodies, may also receive grants from the Federal or
     3  State governments, or from individuals or foundations, and shall
     4  have the authority to contract therewith. Every joint municipal
     5  planning commission shall have the power to appoint such
     6  employees and staff as it may deem necessary for its work, and
     7  contract with planners and other consultants for the services it
     8  may require to the extent permitted by its financial resources.
     9  Each such commission may also perform planning services for any
    10  municipality which is not a member thereof and may charge fees
    11  for the work. A joint municipal planning commission may also
    12  prepare and sell maps, reports, bulletins or other material and
    13  establish reasonable charges therefor.
    14     (a.1)  A joint municipal planning commission shall, at the
    15  request of the governing bodies of the participating or member
    16  municipalities, have the power and shall be required to
    17  undertake any of the activities specified in section 209.1. Such
    18  activities shall relate to the area encompassed by the
    19  participating or member municipalities.
    20     (b)  For this purpose, a joint municipal planning commission
    21  may, with the consent of all the governing bodies, accept and
    22  utilize any funds, personnel or other assistance made available
    23  by the Federal or State governments or any of their agencies, or
    24  from individuals or foundations, and for the purposes of
    25  receiving and using Federal or State planning grants for
    26  provision of planning assistance may enter into agreements or
    27  contracts regarding acceptance or utilization of the funds or
    28  assistance.
    29     (c)  The ordinance which creates a joint municipal planning
    30  commission shall:
    19990H0014B3711                  - 9 -

     1         (1)  State the purpose for the creation of the planning
     2     commission.
     3         (2)  Specify which of the activities identified by this
     4     act the joint municipal planning commission shall be
     5     authorized to undertake.
     6         (3)  Specify which activities shall remain with the local
     7     planning commissions, when they are retained.
     8         (4)  Specify the notice and procedures which a member
     9     municipality must follow when withdrawing from the joint
    10     municipal planning commission.
    11         (5)  Specify the notice and procedures when the member
    12     municipalities decide to dissolve the joint municipal
    13     planning commission.] County or Multimunicipal Comprehensive
    14     Plans.--(a)  The comprehensive plan that is the subject of an
    15     agreement may be developed by the municipalities or at the
    16     request of the municipalities, by the county planning agency,
    17     or agencies in the case of a plan covering municipalities in
    18     more than one county, in cooperation with municipalities
    19     within the area and shall include all the elements required
    20     or authorized in section 301 for the region of the plan,       <--
    21     INCLUDING A PLAN TO MEET THE HOUSING NEEDS OF PRESENT
    22     RESIDENTS AND THOSE INDIVIDUALS AND FAMILIES ANTICIPATED TO
    23     RESIDE IN THE AREA OF THE PLAN, WHICH MAY INCLUDE
    24     CONSERVATION OF PRESENTLY SOUND HOUSING, REHABILITATION OF
    25     HOUSING IN DECLINING NEIGHBORHOODS AND THE ACCOMMODATIONS OF
    26     EXPECTED NEW HOUSING IN DIFFERENT DWELLING TYPES AND OF
    27     APPROPRIATE DENSITIES FOR HOUSEHOLDS OF ALL INCOME LEVELS.
    28     The plan may:
    29         (1)  Designate growth areas where:
    30             (i)  Orderly and efficient development to accommodate
    19990H0014B3711                 - 10 -

     1         the projected growth of the area within the next 20 years
     2         is planned for residential and mixed use densities of one
     3         unit or more per acre.
     4             (ii)  Commercial, industrial and institutional uses
     5         to provide for the economic and employment needs of the
     6         area and to insure that the area has an adequate tax base
     7         are planned for.
     8             (iii)  Services to serve such development are
     9         provided or planned for.
    10         (2)  Designate potential future growth areas where future
    11     development is planned for densities to accompany the orderly
    12     extension and provision of services.
    13         (3)  Designate rural resource areas, if applicable,
    14     where:
    15             (i)  Rural resource uses are planned for.
    16             (ii)  Development at densities that are compatible
    17         with rural resource uses are or may be permitted.
    18             (iii)  Publicly financed infrastructure services may   <--
    19         not be provided or planned for (III)  INFRASTRUCTURE       <--
    20         EXTENSIONS OR IMPROVEMENTS ARE NOT INTENDED TO BE
    21         PUBLICLY FINANCED BY MUNICIPALITIES except in villages,
    22         unless the participating or affected municipalities agree
    23         that such service should be provided to an area for
    24         health or safety reasons or to accomplish one or more of
    25         the purposes set forth in section 1101.
    26         (4)  Plan for the accommodation of all categories of uses
    27     within the area of the plan, including a wide range of         <--
    28     housing opportunities for all income levels and a reasonable
    29     allocation of affordable housing to accommodate low to
    30     moderate-income households within the municipalities that are
    19990H0014B3711                 - 11 -

     1     included in the plan, provided, however, that all uses need
     2     not be provided in every municipality, but shall be planned
     3     and provided for within a reasonable geographic area of the
     4     plan.
     5         (5)  Plan for developments of area wide significance and
     6     impact, particularly those identified in section 301(3) and
     7     (4).
     8         (6)  Plan for the conservation and enhancement of the
     9     natural, scenic, historic and aesthetic resources within the
    10     area of the plan, including, but not limited to, surface and   <--
    11     groundwater resources, air quality, forest and game lands,
    12     historic sites and scenic vistas. AREA OF THE PLAN.            <--
    13     (b)  The county may facilitate a multimunicipal process and
    14  may enter into cooperative planning agreements with
    15  participating municipalities governing particular planning
    16  subjects and responsibilities. The planning process shall
    17  include a public participation process to assure that all
    18  governing bodies, municipal authorities, school districts and
    19  agencies, whether public or private, having jurisdiction or
    20  operating within the area of the plan and landowners and
    21  citizens affected by the plan have an opportunity to be heard
    22  prior to the public hearings required for the adoption of the
    23  plan under section 302(a).
    24     (c)  Adoption of the plan and plan amendments shall conform
    25  to the requirements of section 302, and may be reflected on the
    26  official map of each participating municipality pursuant to
    27  section 401. Where a county and municipality have developed and
    28  adopted a comprehensive county or multimunicipal plan that
    29  conforms to the requirements of this article within five years
    30  prior to the date of adoption of this article, the plan may be
    19990H0014B3711                 - 12 -

     1  implemented by agreements as provided for in this article.
     2     Section 1104.  [Preparation of Comprehensive Plan.--(a)
     3  Every joint municipal planning commission may prepare and
     4  maintain a comprehensive plan, in accordance with the provisions
     5  of this act, for the guidance of the continuing development of
     6  the area encompassed by the participating or member
     7  municipalities. The governing bodies shall have the power to
     8  adopt and amend the joint municipal comprehensive plan. Said
     9  joint municipal comprehensive plan shall be a prerequisite for a
    10  joint municipal zoning ordinance as specified in this act.
    11     (b)  Such joint municipal comprehensive plan shall
    12  specifically identify issues of significance to the area which
    13  is encompassed by the participating or member municipalities and
    14  shall specify those municipal activities which will require
    15  coordination or cooperation among them.
    16     (c)  In the preparation of the joint municipal comprehensive
    17  plan, consideration shall be given to the comprehensive plans of
    18  the county, adjoining municipalities and the member or
    19  participating municipalities in order that the objectives of
    20  each plan can be protected to the greatest extent possible and
    21  to attain consistency between the various plans and the joint
    22  municipal comprehensive plan.] Implementation Agreements.--(a)
    23  In order to implement multimunicipal comprehensive plans, under
    24  section 1103 counties and municipalities shall have authority to
    25  enter into intergovernmental cooperative agreements.
    26     (b)  Cooperative implementation agreements between a county    <--
    27  and one or more municipalities shall:
    28         (1)  Establish the process that the participating
    29     municipalities will use to achieve general consistency
    30     between the county or multimunicipal comprehensive plan and
    19990H0014B3711                 - 13 -

     1     zoning ordinances, subdivision and land development and
     2     capital improvement plans within participating
     3     municipalities, including adoption of conforming ordinances
     4     by participating municipalities within two years and a
     5     mechanism for resolving disputes over the interpretation of
     6     the multimunicipal comprehensive plan and the consistency of
     7     implementing plans and ordinances.
     8         (2)  Establish a process for review and approval of
     9     developments of regional significance and impact that are
    10     proposed within any participating municipality. Subdivision
    11     and land development approval powers under this act shall
    12     only be exercised by the municipality in which the property
    13     where the approval is sought. Under no circumstances shall a
    14     subdivision or land development applicant be required to
    15     undergo more than one approval process.
    16         (3)  Establish the role and responsibilities of
    17     participating municipalities with respect to implementation
    18     of the plan, including the provision of public infrastructure
    19     services within participating municipalities as described in
    20     subsection (d), the provision of affordable housing, and
    21     purchase of real property, including rights-of-way and
    22     easements.
    23         (4)  Require a yearly report by participating
    24     municipalities to the county planning agency and by the
    25     county planning agency to the participating municipalities
    26     concerning activities carried out pursuant to the agreement
    27     during the previous year. Such reports shall include
    28     summaries of public infrastructure needs in growth areas and
    29     progress toward meeting those needs through capital
    30     improvement plans and implementing actions, and reports on
    19990H0014B3711                 - 14 -

     1     development applications and dispositions for residential,
     2     commercial, and industrial development in each participating
     3     municipality for the purpose of evaluating the extent of
     4     provision for all categories of use and housing for all
     5     income levels within the region of the plan.
     6         (5)  Describe any other duties and responsibilities as
     7     may be agreed upon by the parties.
     8     (c)  Cooperative implementation agreements may designate
     9  growth areas, future growth areas and rural resource areas
    10  within the plan. The agreement shall also provide a process for
    11  amending the multimunicipal comprehensive plan and redefining
    12  the designated growth area, future growth area and rural
    13  resource area within the plan.
    14     (d)  The county may facilitate convening representatives of
    15  municipalities, municipal authorities, special districts, public
    16  utilities, whether public or private, or other agencies that
    17  provide or declare an interest in providing a public
    18  infrastructure service in a public infrastructure service area
    19  or a portion of a public infrastructure service area within a
    20  growth area, as established in a county or multimunicipal
    21  comprehensive plan, for the purpose of negotiating agreements
    22  for the provision of such services. The county may provide or
    23  contract with others to provide technical assistance, mediation
    24  or dispute resolution services in order to assist the parties in
    25  negotiating such agreements.
    26     Section 1105.  [Cooperation Among Joint Municipal Planning
    27  Commission, Municipalities and Others.--Every joint municipal
    28  planning commission shall encourage the cooperation of the
    29  participating municipalities in matters which concern the
    30  integrity of the comprehensive plan or maps prepared by the
    19990H0014B3711                 - 15 -

     1  commission, and, as an aid toward coordination, all
     2  municipalities and public officials shall upon request furnish
     3  to the joint municipal planning commission within a reasonable
     4  time the available maps, plans, reports, statistical or other
     5  information such commission may require for its work.] Legal
     6  Effect.--(a)  Where municipalities have adopted a county plan or
     7  a multimunicipal plan is adopted under this article and the
     8  participating municipalities have conformed their local plans
     9  and ordinances to the county or multimunicipal plan by
    10  implementing cooperative agreements and adopting appropriate
    11  resolutions and ordinances, the following shall apply:
    12         (1)  Sections 916.1 and 1006-A.
    13         (2)  State agencies shall consider and may rely upon
    14     comprehensive plans and zoning ordinances when reviewing
    15     applications for the funding or permitting of infrastructure
    16     or facilities.
    17         (3)  State agencies shall consider and may give priority
    18     consideration to applications for financial or technical
    19     assistance for projects consistent with the county or
    20     multimunicipal plan.
    21     (b)  Participating municipalities that have entered into
    22  implementation agreements to carry out a county or
    23  multimunicipal plan as described in this article shall have the
    24  following additional powers:
    25         (1)  To provide by cooperative agreement for the sharing
    26     of tax revenues and fees by municipalities within the region
    27     of the plan.
    28         (2)  To adopt a transfer of development rights program by
    29     adoption of an ordinance applicable to the region of the plan
    30     so as to enable development rights to be transferred from
    19990H0014B3711                 - 16 -

     1     rural resource areas in any municipality within the plan to
     2     designated growth areas in any municipality within the plan.
     3     (c)  Nothing in this article shall be construed to authorize
     4  a municipality to regulate the allocation or withdrawal of water
     5  resources by a municipal authority or water company that is
     6  otherwise regulated by the Pennsylvania Public Utility
     7  Commission or other Federal or State agencies or statutes.
     8     (d)  Nothing EXCEPT AS PROVIDED IN SECTION 619.2, NOTHING in   <--
     9  this article shall be construed as limiting the authority of the
    10  Pennsylvania Public Utility Commission over the implementation,
    11  location, construction and maintenance of public utility
    12  facilities and the rendering of public utility services to the
    13  public.
    14     Section 1106.  [Established Regional Planning Commission.--
    15  Municipalities which are presently participating in an existing
    16  regional planning commission or a joint municipal planning
    17  commission shall comply with and be governed by the provisions
    18  of this act within five years from the effective date of this
    19  amendatory act.] Specific Plans.--(a)  Participating
    20  municipalities shall have authority to adopt a specific plan for
    21  the systematic implementation of a county or multimunicipal
    22  comprehensive plan for any nonresidential part of the area
    23  covered by the plan. Such specific plan shall include a text and
    24  a diagram or diagrams and implementing ordinances which specify
    25  all of the following in detail:
    26         (1)  The distribution, location, extent of area and
    27     standards for land uses and facilities, including design of
    28     sewage, water, drainage and other essential facilities needed
    29     to support the land uses.
    30         (2)  The location, classification and design of all
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     1     transportation facilities, including, but not limited to,
     2     streets and roads needed to serve the land uses described in
     3     the specific plan.
     4         (3)  Standards for population density, land coverage,
     5     building intensity and supporting services, including
     6     utilities.
     7         (4)  Standards for the preservation, conservation,
     8     development and use of natural resources, including the
     9     protection of significant open spaces, resource lands and
    10     agricultural lands within or adjacent to the area covered by
    11     the specific plan.
    12         (5)  A program of implementation including regulations,
    13     financing of the capital improvements and provisions for
    14     repealing or amending the specific plan. Regulations may
    15     include zoning, storm water, subdivision and land
    16     development, highway access and any other provisions for
    17     which municipalities are authorized by law to enact. The
    18     regulations may be amended into the county or municipal
    19     ordinances or adopted as separate ordinances. If enacted as
    20     separate ordinances for the area covered by the specific
    21     plan, the ordinances shall repeal and replace any county or
    22     municipal ordinances in effect within the area covered by the
    23     specific plan and ordinances shall conform to the provisions
    24     of the specific plan.
    25     (b)  (1)  No specific plan may be adopted or amended unless
    26     the proposed plan or amendment is consistent with an adopted
    27     county or multi-municipal comprehensive plan.
    28         (2)  No capital project by any municipal authority or
    29     municipality shall be approved or undertaken, and no final
    30     plan, development plan or plat for any subdivision or
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     1     development of land shall be approved unless such projects,
     2     plans or plats are consistent with the adopted specific plan.
     3     (c)  In adopting or amending a specific plan, a county and
     4  participating municipalities shall use the same procedures as
     5  provided in this article for adopting comprehensive plans and
     6  ordinances.
     7     (d)  Whenever a specific plan has been adopted, applicants
     8  for subdivision or land development approval shall be required
     9  to submit only a final plan as provided in Article V, provided
    10  that such final plan is consistent with and implements the
    11  adopted specific plan.
    12     (e)  A county or counties and participating municipalities
    13  are prohibited from assessing subdivision and land development
    14  applicants for the cost of the specific plan.
    15     Section 1107.  Saving Clause.--(a)  The passage of this act
    16  and the repeal by it of any prior enabling laws relating to
    17  regional planning shall not invalidate any regional planning
    18  commission created under such other laws. This act, in such
    19  respect, shall be deemed a continuation and codification of such
    20  prior enabling laws.
    21     (b)  The amendment of this article shall not invalidate any
    22  joint municipal planning commission established under the former
    23  provisions of this article. A joint municipal planning
    24  commission shall continue to function under the amended
    25  provisions of this article.
    26     Section 4.  Section 1202 of the act is amended to read:
    27     Section 1202.  General Repeal.--All other acts and parts of
    28  acts are repealed in so far as they are inconsistent herewith,
    29  but this act shall not repeal or modify any of the provisions of
    30  66 Pa.C.S. Pt. I (relating to public utility code), 68 Pa.C.S.
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     1  Pt. II Subpt. B (relating to condominiums)[, the "Public Utility
     2  Law,"] or any laws administered by the Department of [Highways]
     3  Transportation of the Commonwealth of Pennsylvania.
     4     Section 5.  This act shall take effect in 60 days.


















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