THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KAUFFMAN, ARGALL, CALTAGIRONE, DENLINGER, FLECK, FREEMAN, GINGRICH, GROVE, GRUCELA, HELM, HESS, KORTZ, MILLER, MOUL, MURT, O'NEILL, PASHINSKI, PETRI, REICHLEY, SANTARSIERO, SAYLOR, SCAVELLO AND SIPTROTH, FEBRUARY 24, 2009

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 24, 2009  

AN ACT

Amending the act of July 31, 1968 (P.L.805, No.247), entitled,

as amended, "An act to empower cities of the second class A,

and third class, boroughs, incorporated towns, townships of

the first and second classes including those within a county

of the second class and counties of the second through eighth

classes, individually or jointly, to plan their development

and to govern the same by zoning, subdivision and land

development ordinances, planned residential development and

other ordinances, by official maps, by the reservation of

certain land for future public purpose and by the acquisition

of such land; to promote the conservation of energy through

the use of planning practices and to promote the effective

utilization of renewable energy sources; providing for the

establishment of planning commissions, planning departments,

planning committees and zoning hearing boards, authorizing

them to charge fees, make inspections and hold public

hearings; providing for mediation; providing for transferable

development rights; providing for appropriations, appeals to

courts and penalties for violations; and repealing acts and

parts of acts," further providing for contents of subdivision

and land development ordinance.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 503(11) of the act of July 31, 1968 (P.L.

805, No.247), known as the Pennsylvania Municipalities Planning

Code, reenacted and amended December 21, 1988 (P.L.1329, No.

170), is amended and the section is amended by adding paragraphs

to read:

Section 503.  Contents of Subdivision and Land Development

Ordinance.--The subdivision and land development ordinance may

include, but need not be limited to:

* * *

(11)  [Provisions] Subject to the requirements of

paragraph (13), provisions requiring the public dedication of

land suitable for the use intended; and, upon agreement with

the applicant or developer, the construction of recreational

facilities, the payment of fees in lieu thereof, the private

reservation of the land, or a combination, for park or

recreation purposes as a condition precedent to final plan

approval[, provided that:].

(12)  Subject to the requirements of paragraph (13),

provisions requiring the imposition of fees in lieu of the

public dedication of land or as otherwise authorized in

paragraph (11) to be used for the operation or maintenance of

park or recreational facilities, whether operated or

maintained by the municipality or by another municipality, as

a condition precedent to final plan approval.

(13)  Provisions satisfying the following requirement in

order to implement paragraphs (11) and (12):

(i)  The provisions of [this paragraph] paragraphs

(11) and (12) shall not apply to any plan application,

whether preliminary or final, pending at the time of

enactment of such provisions.

(ii)  The ordinance includes definite standards for

determining the proportion of a development to be

dedicated and the amount of any fee to be paid in lieu

thereof.

(iii)  The land or fees, or combination thereof, are

to be used only for the purpose of providing, operating

or maintaining park or recreational facilities accessible

to the development.

(iv)  The governing body has a formally adopted

recreation plan[,] and the park [and] or recreational

facilities are in accordance with definite principles and

standards contained in the subdivision and land

development ordinance.

(v)  The amount and location of land to be dedicated

or the fees to be paid shall bear a reasonable

relationship to the use of the park [and] or recreational

facilities by future inhabitants of the development or

subdivision.

(vi)  A fee authorized under [this subsection]

paragraph (11) or (12) shall, upon its receipt by a

municipality, be deposited in [an interest-bearing

account] one or more interest-bearing accounts, clearly

identifying the specific [recreation facilities] park or

recreational facilities, operation or maintenance, or any

combination thereof, as applicable, for which the fee was

received. Interest earned on such accounts shall become

funds of that account. Funds from such accounts shall be

expended only in properly allocable portions of the cost

incurred to construct [the specific recreation], operate

or maintain the specific park or recreational facilities

for which the funds were collected.

(vii)  Upon request of any person who paid any fee

under [this subsection] paragraph (11) or (12), the

municipality shall refund such fee, plus interest

accumulated thereon from the date of payment, if the

municipality had failed to utilize the fee paid for the

purposes set forth in this section within three years

from the date such fee was paid.

(viii)  No municipality shall have the power to

require the construction of park or recreational

facilities or the dedication of land, or the payment of 

fees in lieu thereof, or private reservation except as

may be provided by statute.

Section 2.  This act shall take effect in 60 days.