SENATE AMENDED PRIOR PRINTER'S NOS. 341, 3295, 3666 PRINTER'S NO. 3711
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 19990H0014B3711 - 17 -
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 19990H0014B3711 - 18 -
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. 19990H0014B3711 - 19 -
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.
B2L53DMS/19990H0014B3711 - 20 -