PRINTER'S NO. 2865
No. 2161 Session of 1989
INTRODUCED BY LASHINGER, ANGSTADT, BUSH, J. TAYLOR, GODSHALL,
NAHILL, DEMPSEY, ARGALL, HERSHEY, REBER, GRUPPO, CESSAR,
BUNT, WESTON, RAYMOND, GLADECK, MERRY, CLYMER, DIETTERICK,
SERAFINI, JADLOWIEC, MARSICO, FAIRCHILD, BLACK, GEIST,
NAILOR, JOHNSON, SCHULER, FOX, E. Z. TAYLOR, HERMAN,
J. L. WRIGHT, HESS, KONDRICH, WASS, D. W. SNYDER,
J. H. CLARK, DISTLER, GANNON, PHILLIPS, NOYE, McVERRY,
PERZEL, CORNELL, FOSTER, TRELLO, TELEK, CIVERA, ALLEN,
ROBBINS, DAVIES, WILSON AND ADOLPH, DECEMBER 6, 1989
REFERRED TO COMMITTEE ON URBAN AFFAIRS, DECEMBER 6, 1989
AN ACT
1 Amending the act of July 31, 1968 (P.L.805, No.247), entitled,
2 as reenacted and amended, "An act to empower cities of the
3 second class A, and third class, boroughs, incorporated
4 towns, townships of the first and second classes including
5 those within a county of the second class and counties of the
6 second class A through eighth classes, individually or
7 jointly, to plan their development and to govern the same by
8 zoning, subdivision and land development ordinances, planned
9 residential development and other ordinances, by official
10 maps, by the reservation of certain land for future public
11 purpose and by the acquisition of such land; to promote the
12 conservation of energy through the use of planning practices
13 and to promote the effective utilization of renewable energy
14 sources; providing for the establishment of planning
15 commissions, planning departments, planning committees and
16 zoning hearing boards, authorizing them to charge fees, make
17 inspections and hold public hearings; providing for
18 mediation; providing for transferable development rights;
19 providing for appropriations, appeals to courts and penalties
20 for violations; and repealing acts and parts of acts,"
21 further providing for zoning ordinance provisions.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Section 107(a) of the act of July 31, 1968
1 (P.L.805, No.247), known as the Pennsylvania Municipalities
2 Planning Code, reenacted and amended December 21, 1988
3 (P.L.1329, No.170), is amended by adding a definition to read:
4 Section 107. Definitions.--(a) The following words and
5 phrases when used in this act shall have the meanings given to
6 them in this subsection unless the context clearly indicates
7 otherwise:
8 "Affordable housing," housing for which individuals and
9 families pay no more than 30% of their annual income where that
10 income is, as determined by the Department of Housing and Urban
11 Development, not more than the area median income for the
12 municipality in which the housing is located.
13 * * *
14 Section 2. Section 603 of the act is amended by adding a
15 subsection to read:
16 Section 603. Ordinance Provisions.--* * *
17 (f) Zoning ordinances may permit a variance or special
18 exception for a development in which a designated number of
19 single-family or multi-family residential units are constructed
20 in excess of applicable density limits in accordance with a
21 contract between the governing body and the developer applying
22 for the variance or special exception. The following shall
23 apply:
24 (1) Contracts under this subsection must provide all of
25 the following:
26 (i) For each unit constructed by the developer in
27 excess of the applicable density limits, a requirement
28 for the developer to:
29 (A) pay to the Pennsylvania Housing Finance
30 Agency an amount, agreed upon by the governing body
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1 and the developer, for the purpose of supporting in
2 the municipality affordable housing programs financed
3 by the agency or other Commonwealth agencies; or
4 (B) construct in the municipality a unit of
5 affordable housing which is of comparable size and
6 workmanship.
7 (ii) For at least 30 years from the date of
8 completion of a unit under subclause (i)(B), a
9 requirement that the unit be offered for sale or rent
10 only to individuals and families who meet the income
11 criteria under clause (3)(i).
12 (iii) A maximum sale or rental price of the unit
13 constructed under subclause (i)(B), subject to stated
14 reasonable periodic increases.
15 (iv) A requirement that a unit constructed under
16 subclause (i)(B) be conveyed by deeds containing
17 covenants incorporating the terms and conditions
18 contained in the contract which covenants run with the
19 land and are enforceable by the governing body.
20 (2) The requirements of clause (1) shall not be defeated
21 by resale, purchase and subsequent lease or conversion to
22 common interest form of ownership and subsequent sale of the
23 unit.
24 (3) Upon the adoption of standards under this
25 subsection, the governing body shall designate a municipal
26 agency or organization to implement the standards. The agency
27 or organization shall do all of the following:
28 (i) Establish income criteria to implement clause
29 (1)(ii).
30 (ii) Administer clause (1). Administration under
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1 this subclause shall insure that individuals and families
2 selected to buy or rent units are selected on a basis
3 which does not discriminate on the basis of age, sex,
4 race, creed, color, national origin, marital status,
5 mental retardation, physical disability, residence,
6 number of children or veteran's status.
7 Section 3. This act shall take effect in 60 days.
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