PRINTER'S NO. 598
No. 15 Session of 1999
INTRODUCED BY STEIL, FREEMAN, YOUNGBLOOD, STURLA, KREBS,
MASLAND, MAITLAND, LEVDANSKY, HERSHEY, PLATTS, MUNDY, ARGALL,
ORIE, McILHINNEY, CORRIGAN, TRELLO, CLYMER, E. Z. TAYLOR,
BELARDI, BARRAR, MELIO, HARHAI, VAN HORNE, RUBLEY, DALLY,
BATTISTO, WILLIAMS, S. MILLER, BARD, STEELMAN AND ADOLPH,
FEBRUARY 16, 1999
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 16, 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," adding provisions relating to common base
21 zoning.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. 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 V-B
4 Common Base Zoning
5 Section 501-B. Definitions.--The following words and phrases
6 when used in this article shall have the meanings given to them
7 in this section unless the context clearly indicates otherwise:
8 "Common Base Density," the dwelling unit density assigned to
9 the entire land area to be contained within the common base
10 zone. The density shall be expressed in dwelling units per acre
11 (DU/A) permitted equally in the developed zone and the
12 nondeveloped zone.
13 Common Base Zone," all lands to be included in the zone
14 established under section 502-B.
15 "Developed zone," that portion of the overlay zone designated
16 to receive development rights under section 504-B.
17 "Development right," shall mean a transferable development
18 right as defined under section 619.1(a) and (b). For purposes of
19 this section 619.1(c) and (d) shall not be applicable.
20 "Dwelling unit," that structure or portion of a structure
21 which contains all the elements necessary to provide long-term
22 residential space to an individual or a family. For
23 commercial/industrial structures a dwelling unit shall be equal
24 to 12,000 square feet.
25 "Minor subdivision," the subdivision of land into not more
26 than two parcels and as otherwise defined by municipal
27 ordinance. No minor subdivision shall be permitted unless the
28 municipality has adopted a minor subdivision ordinance.
29 "Nondeveloped zone," land designated by the Overlay Zoning
30 Plan that shall not be developed except as provided by this act,
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1 including all natural land required for nonstructural municipal
2 purposes such as detention/retention basins, recreation fields,
3 natural preserves, environmentally sensitive land, wetlands and
4 flood plains, spray irrigation fields, lakes, stream courses and
5 other natural drainage-ways, agricultural land, all privately
6 owned forests, fields or other open lands excluding the
7 previously developed portion of any such areas. Roadways, their
8 rights-of-way or any structure in the right-of-way, land upon
9 which a structure has been placed or any impervious surface
10 shall be considered as part of the developed zone.
11 "Overlay zone," the process by which specific use zones are
12 overlayed or imposed on top of the Common Base Developed Zone.
13 "Subdivided land(s)," includes the terms land development
14 and subdivision as defined in section 105.
15 Section 502-B. Establishing Common Base Zone.--Any
16 municipality may adopt a Common Base Zone for all or any portion
17 of its remaining nonsubdivided land in accordance with the
18 following:
19 (1) The comprehensive plan shall be amended to incorporate a
20 Common Base Zone.
21 (2) An ordinance implementing the Common Base Zone shall be
22 adopted.
23 (3) The ordinance shall define:
24 (i) Specific land area to be included in the Common Base
25 Zone.
26 (ii) A determination of the Common Base Density, expressed
27 in dwelling units per acre (DU/A), for developed zones and
28 nondeveloped zones which must be equal.
29 (iii) A time schedule, not to exceed 12 months, for the
30 adoption of the overlay zone.
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1 (4) The municipality may suspend for up to 12 months
2 accepting any subdivision plans for the proposed Common Base
3 Zone until the overlay zone is adopted.
4 (5) Define procedures for any future removal of lands from
5 the Common Base Zone. Lands subdivided or lands from which the
6 development rights have been sold or transferred may not be
7 removed from the Common Base Zone.
8 Section 503-B. Overlay Zoning Plan Requirements.--(a) The
9 municipality shall create a common base overlay zone in
10 accordance with the following allocations:
11 (1) Nondeveloped zone (not to exceed 50% of the total lands
12 included in the Common Base Zone).
13 (2) Commercial/industrial of various density (10% minimum).
14 A developed zone.
15 (3) Single family detached dwelling unit of various density
16 (20% minimum). A developed zone.
17 (4) Single family attached dwelling unit of various density
18 (20% minimum). A developed zone.
19 (b) The percentage of the nondeveloped zone may be
20 decreased, but any additional lands to be developed must be
21 allocated in the same percentage as outlined in subsection (a).
22 (c) No structures or impervious surfaces shall be permitted
23 within the nondeveloped zone. The municipality may adopt
24 regulations governing additional structures on land already
25 developed and may permit up to two minor subdivisions on any tax
26 parcel existing as of January 1, 1999, for which no subdivision
27 or land development plan has been filed, in accordance with
28 section 503(1.1).
29 (d) The buildable density, in DU/A, determined under
30 paragraph (2), (3) or (4) shall not be subject to revision by
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1 the governing body except as part of a comprehensive review of
2 all overlay zone densities.
3 Section 504-B. Transfer of Development Right.--(a)
4 Buildable densities as defined under section 503-B(2), (3) and
5 (4), above the common base, must be purchased from owners of
6 nondeveloped zone land. For each acre of land within the
7 nondeveloped zone, the owner may sell the rights to the common
8 base density to owners of land within the developed zone.
9 (b) Owners of land within the developed zone shall not be
10 permitted to sell any development rights, except as provided
11 under subsection (c).
12 (c) Owners of environmentally sensitive land as defined by
13 municipal ordinance within the developed zone may be permitted
14 to sell one dwelling unit per acre if such lands are permanently
15 deed-restricted in their natural state.
16 (d) Land within the nondeveloped zone from which the common
17 base density has been sold or transferred shall be deed-
18 restricted, and no further development of any kind shall be
19 permitted.
20 (e) Counties shall assess, for tax purposes, any land
21 described in subsection (d) only upon its remaining value.
22 (f) Common base density rights may be sold to owners of any
23 land within an overlay zone established in accordance with this
24 act anywhere within the same county.
25 (g) Counties may form regional compacts to permit sale of
26 common base density rights among several contiguous counties.
27 Section 505-B. Declaratory Judgment Procedure.--Any
28 interested person under a deed, will, written contract or other
29 writings constituting a contract, or whose rights, status or
30 other legal relations are affected by this article or a statute,
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1 municipal ordinance, contract or franchise created under this
2 article may have determined any question of construction or
3 validity arising under the instrument, statute, ordinance,
4 contract or franchise, and obtain a declaration of rights,
5 status or other legal relations thereunder in a court of
6 competent jurisdiction.
7 Section 506-B. Owners of Land Previously Subdivided.--Owners
8 of land previously subdivided under municipal authority, that is
9 to be redeveloped, shall be granted a bonus of one dwelling unit
10 per acre.
11 Section 507-B. Zoning Challenges and Curative Amendments.--
12 Challenges to the common base zone shall be filed with the court
13 of common pleas. Curative amendments shall not be submitted with
14 the challenge.
15 Section 2. This act shall take effect in 60 days.
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