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| PRIOR PRINTER'S NO. 662 | PRINTER'S NO. 1280 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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, SIPTROTH AND HENNESSEY, FEBRUARY 24, 2009 |
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| AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 24, 2009 |
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| AN ACT |
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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," further providing for contents of subdivision |
21 | and land development ordinance. |
22 | The General Assembly of the Commonwealth of Pennsylvania |
23 | hereby enacts as follows: |
24 | Section 1. Section 503(11) of the act of July 31, 1968 (P.L. |
25 | 805, No.247), known as the Pennsylvania Municipalities Planning |
26 | Code, reenacted and amended December 21, 1988 (P.L.1329, No. |
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1 | 170), is amended and the section is amended by adding paragraphs |
2 | to read: |
3 | Section 503. Contents of Subdivision and Land Development |
4 | Ordinance.--The subdivision and land development ordinance may |
5 | include, but need not be limited to: |
6 | * * * |
7 | (11) [Provisions] Subject to the requirements of |
8 | paragraph (13), provisions requiring the public dedication of |
9 | land suitable for the use intended; and, upon agreement with |
10 | the applicant or developer, the construction of recreational |
11 | facilities, the payment of fees in lieu thereof, the private |
12 | reservation of the land, or a combination, for park or |
13 | recreation purposes as a condition precedent to final plan |
14 | approval[, provided that:]. |
15 | (12) Subject to the requirements of paragraph (13), |
16 | provisions requiring the imposition of fees in lieu of the |
17 | public dedication of land or as otherwise authorized in |
18 | paragraph (11) to be used for the acquisition, operation or | <-- |
19 | maintenance of park or recreational facilities, whether |
20 | operated or maintained by the municipality or by another |
21 | municipality, as a condition precedent to final plan |
22 | approval. |
23 | (13) Provisions satisfying the following requirement in |
24 | order to implement paragraphs (11) and (12): |
25 | (i) The provisions of [this paragraph] paragraphs |
26 | (11) and (12) shall not apply to any plan application, |
27 | whether preliminary or final, pending at the time of |
28 | enactment of such provisions. |
29 | (ii) The ordinance includes definite standards for |
30 | determining the proportion of a development to be |
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1 | dedicated and the amount of any fee to be paid in lieu |
2 | thereof. |
3 | (iii) The land or fees, or combination thereof, are |
4 | to be used only for the purpose of providing, acquiring, | <-- |
5 | constructing, operating or maintaining park or |
6 | recreational facilities accessible to the development. |
7 | (iv) The governing body has a formally adopted |
8 | recreation plan[,] and the park [and] or recreational |
9 | facilities are in accordance with definite principles and |
10 | standards contained in the subdivision and land |
11 | development ordinance. |
12 | (v) The amount and location of land to be dedicated |
13 | or the fees to be paid shall bear a reasonable |
14 | relationship to the use of the park [and] or recreational |
15 | facilities by future inhabitants of the development or |
16 | subdivision. |
17 | (vi) A fee authorized under [this subsection] |
18 | paragraph (11) or (12) shall, upon its receipt by a |
19 | municipality, be deposited in [an interest-bearing |
20 | account] one or more interest-bearing accounts, clearly |
21 | identifying the specific [recreation facilities] park or |
22 | recreational facilities, operation or maintenance, or any | <-- |
23 | combination thereof, as applicable, for which the fee was |
24 | received. Interest earned on such accounts shall become |
25 | funds of that account. Funds from such accounts shall be |
26 | expended only in properly allocable portions of the cost |
27 | incurred to acquire, construct [the specific recreation], | <-- |
28 | operate or maintain the specific park or recreational |
29 | facilities for which the funds were collected. |
30 | (vii) Upon request of any person who paid any fee |
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1 | under [this subsection] paragraph (11) or (12), the |
2 | municipality shall refund such fee, plus interest |
3 | accumulated thereon from the date of payment, if the |
4 | municipality had failed to utilize the fee paid for the |
5 | purposes set forth in this section within three years |
6 | from the date such fee was paid. |
7 | (viii) No municipality shall have the power to |
8 | require the construction of park or recreational |
9 | facilities or the dedication of land, or the payment of |
10 | fees in lieu thereof, or private reservation except as |
11 | may be provided by statute. |
12 | Section 2. This act shall take effect in 60 days. |
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