PRINTER'S NO. 2301
No. 1866 Session of 1999
INTRODUCED BY HERMAN, VAN HORNE, BARD, FREEMAN, HARHAI,
McILHINNEY, MELIO, STEIL, ARGALL, GRUCELA, LEVDANSKY,
MASLAND, SATHER, SAYLOR, STURLA, E. Z. TAYLOR, TRELLO AND
YOUNGBLOOD, SEPTEMBER 28, 1999
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, SEPTEMBER 28, 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 definitions; further providing for
21 powers and duties of planning agency; providing for
22 consistency of county and municipal plans; further providing
23 for adoption of comprehensive plan and plan amendments, for
24 legal status of comprehensive plan within the jurisdiction
25 that adopted the plan, for ordinance provisions and for
26 statement of community development objectives; and providing
27 for determination of consistency with comprehensive plan and
28 for traditional neighborhood development.
29 The General Assembly of the Commonwealth of Pennsylvania
30 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 "Objective," the aim or end to which action or effort is
11 directed.
12 * * *
13 "Policy," a general rule for action focused on a specific
14 issue, derived from more general objectives.
15 * * *
16 Section 2. Section 209.1(b)(2) of the act is amended and the
17 section is amended by adding a subsection to read:
18 Section 209.1. Powers and Duties of Planning Agency.--* * *
19 (b) The planning agency at the request of the governing body
20 may:
21 * * *
22 (2) Prepare and present to the governing body of the
23 municipality a zoning ordinance, and shall make
24 recommendations to the governing body on proposed amendments
25 to it as set forth in this act, including recommendations on
26 establishment of a new zoning map or amendments to an
27 existing zoning map with regard to consistency with the
28 adopted comprehensive plan.
29 * * *
30 (c) The county planning agency shall, after a public hearing
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1 and approval by the governing body, adopt rules for dispute
2 resolution concerning consistency between municipal and county
3 comprehensive plans or amendments thereof pursuant to section
4 301.3.
5 Section 3. Section 301(a)(1) and (2) and 301.3 of the act
6 are amended to read:
7 Section 301. Preparation of Comprehensive Plan.--(a) The
8 comprehensive plan, consisting of maps, charts and textual
9 matter, shall include, but need not be limited to, the following
10 related basic elements:
11 (1) A statement of objectives and policies of the
12 municipality concerning its future development, including,
13 but not limited to, the location, character and timing of
14 future development[, that may also serve as a statement of
15 community development objectives as provided in section 606].
16 (2) A plan for future land use, in text and map form,
17 which may include provisions for the amount, general location,
18 density, intensity, character and timing of land use proposed
19 for residence, industry, business, agriculture, major traffic
20 and transit facilities, utilities, community facilities, public
21 grounds, parks and recreation, preservation of prime
22 agricultural lands, flood plains and other areas of special
23 hazards and other similar uses, including projections for future
24 land uses and the assumptions upon which the projections are
25 based. The plan shall contain a future land-use plan map or map
26 series at a suitable scale that shows for the time period
27 covered by the plan the general locations of future land uses by
28 density, intensity or other classifications.
29 * * *
30 Section 301.3. [Submission of Plan to County Planning
19990H1866B2301 - 3 -
1 Agency] Consistency of County and Municipal Plans.--(a) If a
2 county planning agency has been created for the county in which
3 the municipality is located, then at least 45 days prior to the
4 public hearing required in section 302 on the comprehensive plan
5 or amendment thereof, the municipality shall forward a copy of
6 that plan or amendment to the county planning agency for its
7 comments, and a determination of whether the proposed municipal
8 comprehensive plan or amendment is consistent with the adopted
9 county comprehensive plan. At the same time, the municipality
10 shall also forward copies of the proposed plan or amendment to
11 all contiguous municipalities and to the local school district
12 for their review and comments.
13 (b) The county planning agency shall prepare a written
14 report to be forwarded to the municipality at least 5 days prior
15 to the public meeting required in section 302. The report shall
16 state the agency's determination of whether the proposed
17 municipal comprehensive plan is consistent with the adopted
18 county comprehensive plan. The county planning agency shall
19 determine that a proposed municipal comprehensive plan or
20 amendment is consistent with the adopted county comprehensive
21 plan when it finds that the proposed municipal comprehensive
22 plan or amendment furthers, or at least would not interfere
23 with, the county comprehensive plan. In making a determination
24 of consistency, the county planning agency shall take into
25 consideration, without limitation, the following factors:
26 (1) The congruity of assumptions and projections
27 concerning future demographic and economic change in the
28 municipality and in the county.
29 (2) The amount, location, density, intensity, character
30 and timing of future land use as proposed by the municipal
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1 comprehensive plan or amendment and their relationship to
2 relevant proposals in the adopted county comprehensive plan,
3 including protection of any environmentally sensitive land
4 uses such as flood plains or wetlands, prime agricultural
5 land and other areas of special hazards.
6 (3) The degree of relationship of the housing element of
7 the proposed municipal comprehensive plan or amendment to
8 meet the housing needs of present residents and of those
9 individuals and families anticipated to reside in the
10 municipality to the housing needs for the same groups in the
11 adopted county comprehensive plan.
12 (4) The location, timing and character of proposed
13 facilities for the movement of people and goods and for
14 proposed community facilities and utilities contained in
15 applicable elements of the proposed municipal comprehensive
16 plan or amendment in relationship to proposals for such
17 facilities and utilities in the adopted county comprehensive
18 plan, including whether or not such facilities and utilities
19 could be shared to eliminate duplication of services or
20 facilities.
21 (5) A comparison of objectives and policies in the
22 proposed municipal comprehensive plan or amendment and
23 relevant objectives and policies in the adopted county
24 comprehensive plan.
25 (c) (1) If the county planning agency determines that the
26 proposed municipal comprehensive plan or amendment is
27 inconsistent with the adopted county comprehensive plan, it
28 shall recommend in writing changes to the proposed municipal
29 comprehensive plan or amendment to ensure consistency. The
30 governing body of the municipality shall review the written
19990H1866B2301 - 5 -
1 report of the county planning agency and any recommended
2 changes to the proposed municipal comprehensive plan or
3 amendment and may incorporate any such changes to ensure
4 consistency before adopting the plan or amendment. If a
5 majority of the members of the governing body of the
6 municipality decides, by vote, not to incorporate such
7 changes, then the municipality and county planning agency
8 shall jointly engage in dispute resolution procedures
9 established by the county planning agency pursuant to section
10 209.1(c) in order to resolve conflicts between the proposed
11 municipal comprehensive plan or amendment and the adopted
12 county comprehensive plan before the governing body of the
13 municipality may adopt the plan or amendment. The governing
14 body of the municipality may then incorporate any such
15 changes in the municipal comprehensive plan or amendment as
16 are agreed upon with the county planning agency as a
17 consequence of the dispute resolution procedure.
18 (2) If the governing body of the municipality and the
19 county planning agency are unable to agree upon changes to
20 the proposed municipal comprehensive plan or amendment
21 pursuant to the dispute resolution procedure, the governing
22 body of the municipality may subsequently reject any
23 recommended change, but it may do so only by a vote of not
24 less than two-thirds of its membership for each change. After
25 it has voted on all such recommended changes, the governing
26 body may then adopt the comprehensive plan or amendment. The
27 written report of the county planning agency shall be
28 included with the municipal comprehensive plan or amendment
29 in a comment section or appendix.
30 (d) When a county is preparing a comprehensive plan, or
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1 amendment thereto, at least 60 days prior to the public meeting
2 required in section 302 on the comprehensive plan or amendment
3 thereof, the county shall forward a copy of that plan or
4 amendment to the governing body of each municipality and each
5 school district within its jurisdiction for comments. The
6 governing body may refer the proposed plan or amendment to the
7 municipal planning agency for review and recommendations, and
8 formal comments on the proposed county plan or amendment shall
9 be transmitted in writing by the governing body of the
10 municipality to the county within the specified time. At the
11 same time, the county shall forward copies of the proposed plan
12 or amendment to all contiguous counties for their review and
13 comments.
14 (e) (1) If the governing body of a municipality determines
15 by majority of its members that any policy or objective or
16 the county comprehensive plan is inconsistent with local
17 policies and objectives, then the municipality and county
18 shall jointly engage in dispute resolution procedures
19 established by the county planning agency pursuant to section
20 209.1(c) in order to resolve conflicts between the plan or
21 amendments thereto. The governing body of the county may then
22 incorporate any such changes in the plan or amendment as are
23 agreed upon with the municipality as a consequence of the
24 dispute resolution procedure.
25 (2) If the county and the municipality are unable to
26 agree upon changes to the proposed county plan or amendment
27 pursuant to the dispute resolution procedure, the governing
28 body of the county may subsequently reject any recommended
29 change, but it may do so only by a vote of not less than two-
30 thirds of its membership for each change.
19990H1866B2301 - 7 -
1 Section 4. Section 302 of the act is amended by adding a
2 subsection to read:
3 Section 302. Adoption of Comprehensive Plan and Plan
4 Amendments.--* * *
5 (d) The governing body shall review the comprehensive plan
6 at least once every 5 years, as measured from the date of
7 original adoption of the plan, and shall adopt such parts or
8 other amendments to the plan as the governing body deems
9 necessary to update the plan. The governing body shall
10 completely revise, or cause to be completely revised, and shall
11 adopt a new comprehensive plan at least once every 10 years.
12 Section 5. Sections 303(b) and 603(a) of the act are amended
13 to read:
14 Section 303. Legal Status of Comprehensive Plan Within the
15 Jurisdiction that Adopted the Plan.--* * *
16 (b) The recommendations of the planning agency including a
17 specific statement as to whether or not the proposed action is
18 in accordance with the objectives and policies of the formally
19 adopted comprehensive plan shall be made in writing to the
20 governing body within 45 days. Where the proposed action
21 involves the adoption of a proposed zoning ordinance or
22 amendment of an existing zoning ordinance, the provisions of
23 section 609(c) shall apply.
24 * * *
25 Section 603. Ordinance Provisions.--(a) Zoning ordinances
26 [should reflect the policy goals of the statement of community
27 development objectives required in section 606,] and any
28 amendments thereof enacted after January 1, 2002, shall
29 implement the objectives and policies contained in the
30 comprehensive plan described in section 301, shall be compatible
19990H1866B2301 - 8 -
1 with the proposed future land uses and densities and intensities
2 or other land-use classifications contained in the comprehensive
3 plan, notwithstanding any other section of this act, and may
4 also give consideration to the character of the municipality,
5 the needs of the citizens and the suitabilities and special
6 nature of particular parts of the municipality.
7 * * *
8 Section 6. Section 606 of the act is repealed.
9 Section 7. Section 609 heading and (c) of the act are
10 amended to read:
11 Section 609. Enactment of Zoning Ordinance or Amendments;
12 Determination of Consistency with Comprehensive Plan.--* * *
13 (c) (1) The planning agency shall prepare a written report
14 to the governing body regarding consistency of any proposed
15 zoning ordinance or amendment of an existing zoning ordinance
16 with the adopted comprehensive plan and containing
17 recommendations as whether to approve, deny, substantially
18 change or revise the ordinance or amendment. In the case of
19 an amendment other than that prepared by the planning agency,
20 the governing body shall submit each such amendment to the
21 planning agency at least 30 days prior to the hearing on such
22 proposed amendment to provide the planning agency an
23 opportunity to submit recommendations. The written report
24 shall be advisory to the governing body. The written report
25 shall state whether or not, in the opinion of the planning
26 agency, the proposed zoning ordinance or amendment is
27 consistent with the comprehensive plan, and may also discuss
28 any other matters concerning the proposed ordinance or
29 amendment that the planning agency deems relevant. In
30 determining whether or not a proposed zoning ordinance or
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1 amendment is consistent with the comprehensive plan, the
2 planning agency shall take into consideration:
3 (i) The related basic elements of the plan as
4 described in section 301(a).
5 (ii) The statement of objectives and policies of the
6 municipality concerning its future development.
7 (iii) The plan for future land use, including the
8 future land-use plan map, the statement of the
9 interrelationships among the various plan components and
10 the statement indicating the relationship of the existing
11 and proposed development of the municipality to the
12 existing and proposed development and plans in contiguous
13 municipalities, to the objectives and plans for
14 development in the county of which it is a part and to
15 regional trends.
16 (2) The planning agency shall find that a proposed
17 zoning ordinance or amendment is consistent with the
18 comprehensive plan when the ordinance or amendment:
19 (i) Implements the objectives and policies contained
20 in the comprehensive plan.
21 (ii) Is compatible with the proposed future land
22 uses and densities or intensities contained in the
23 comprehensive plan.
24 (3) If the planning agency determines that the proposed
25 zoning ordinance or amendment is inconsistent with the
26 comprehensive plan, it:
27 (i) Shall state in the written report what changes
28 or revisions in the ordinance or amendment are necessary
29 to make it consistent.
30 (ii) May state in the written report what amendments
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1 to the comprehensive plan are necessary to eliminate any
2 inconsistency between the plan and the proposed ordinance
3 or amendment.
4 (4) The governing body upon receipt of the written
5 report of the local planning agency shall review it and,
6 giving the report due regard, shall in the written minutes of
7 its deliberation:
8 (i) adopt the report;
9 (ii) reject the report; or
10 (iii) adopt the report in part and reject it in
11 part.
12 (5) If the governing body rejects the report in part or
13 in whole, in the written minutes of its deliberations:
14 (i) it shall state whether the proposed zoning
15 ordinance or amendment is consistent with the local
16 comprehensive plan pursuant to paragraph (2); or
17 (ii) if the governing body determines that the
18 proposed zoning ordinance or amendment is not consistent
19 with the comprehensive plan:
20 (A) it shall state what changes or revisions in
21 the proposed ordinance or amendment are necessary to
22 make it consistent; or
23 (B) it may state what amendments to the local
24 comprehensive plan may be necessary to eliminate any
25 inconsistency between the plan and the proposed
26 ordinance or amendment.
27 * * *
28 Section 8. The heading of section 705 is amended and the
29 section is amended by adding a subsection to read:
30 Section 705. Standards and Conditions for Planned
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1 Residential Development; Traditional Neighborhood Development.--
2 * * *
3 (k) The governing body of a municipality may adopt
4 provisions in a zoning ordinance to encourage a planned
5 residential development that satisfies physical design standards
6 for a traditional neighborhood development. Provisions for a
7 traditional neighborhood development shall include such physical
8 design standards that are intended to ensure:
9 (1) The creation of neighborhoods that are compact,
10 limited in size, oriented toward pedestrian activity and that
11 include an identifiable neighborhood center, commons or
12 square.
13 (2) A variety of housing types, jobs, shopping, services
14 and public facilities.
15 (3) Residences, shops, workplaces and public buildings
16 interwoven within the neighborhood, all within close
17 proximity.
18 (4) A generally rectilinear or grid pattern of
19 interconnecting streets and blocks that encourages multiple
20 routes from origins to destinations.
21 (5) A coordinated transportation system with a hierarchy
22 of appropriately designed facilities for pedestrians,
23 bicycles, public transit and automotive vehicles.
24 (6) Natural features and undisturbed areas that are
25 incorporated into the open space of the neighborhood.
26 (7) Well-configured squares, greens, landscaped streets
27 and parks woven into the pattern of the neighborhood.
28 (8) Public buildings, open spaces and other visual
29 features that act as landmarks, symbols and focal points for
30 community identity.
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1 (9) Compatibility of buildings and other improvements as
2 determined by their arrangement, bulk, form, character and
3 landscaping to establish a livable, harmonious and diverse
4 environment.
5 (10) Public and private buildings that form a
6 consistent, distinct edge are oriented toward streets and
7 define the border between the public street space and the
8 private block interior.
9 Provisions for traditional neighborhood developments may also
10 include minimum densities and intensities. Where it has adopted
11 provisions for a traditional neighborhood development, the
12 governing body of a municipality may also adopt by ordinance,
13 upon review and recommendation of the planning commission, where
14 one exists, a manual of written and graphic design guidelines to
15 assist applicants in the preparation of proposals for a
16 traditional neighborhood development.
17 Section 9. This act shall take effect in 60 days.
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