PRINTER'S NO. 444
No. 436 Session of 1999
INTRODUCED BY GERLACH, CONTI, HOLL AND O'PAKE, FEBRUARY 22, 1999
REFERRED TO LOCAL GOVERNMENT, FEBRUARY 22, 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," further providing for the purpose of the act;
21 adding certain definitions; providing for intergovernmental
22 cooperation; further providing for preparation of the
23 comprehensive plan, for compliance by counties, for zoning
24 ordinance provisions and for zoning purposes; and providing
25 for development and implementation of an integrated water
26 resources plan.
27 The General Assembly of the Commonwealth of Pennsylvania
28 hereby enacts as follows:
29 Section 1. The title of the act of July 31, 1968 (P.L.805,
30 No.247), known as the Pennsylvania Municipalities Planning Code,
1 reenacted and amended December 21, 1988 (P.L.1329, No.170) and
2 amended December 14, 1992 (P.L.815, No.131), is amended to read:
3 AN ACT
4 To empower cities of the second class A, and third class,
5 boroughs, incorporated towns, townships of the first and
6 second classes including those within a county of the second
7 class and counties of the second through eighth classes,
8 individually or jointly, to plan their development and to
9 govern the same by zoning, subdivision and land development
10 ordinances, planned residential development and other
11 ordinances, by official maps, by the reservation of certain
12 land for future public purpose and by the acquisition of such
13 land; to promote the conservation of energy through the use
14 of planning practices and to promote the effective
15 utilization of renewable energy sources; to protect, conserve
16 and develop water resources by adopting integrated water
17 resources plans; providing for the establishment of planning
18 commissions, planning departments, planning committees and
19 zoning hearing boards, authorizing them to charge fees, make
20 inspections and hold public hearings; providing for
21 mediation; providing for transferable development rights;
22 providing for appropriations, appeals to courts and penalties
23 for violations; and repealing acts and parts of acts.
24 Section 2. Section 105 of the act is amended to read:
25 Section 105. Purpose of Act.--It is the intent, purpose and
26 scope of this act to protect and promote safety, health and
27 morals; to accomplish coordinated development; to provide for
28 the general welfare by guiding and protecting amenity,
29 convenience, future governmental, economic, practical, and
30 social and cultural facilities, development and growth, as well
19990S0436B0444 - 2 -
1 as the improvement of governmental processes and functions; to
2 guide uses of land and structures, type and location of streets,
3 public grounds and other facilities; to promote the conservation
4 of energy through the use of planning practices and to promote
5 the effective utilization of renewable energy sources; to
6 encourage the protection, conservation and development of water
7 resources; and to permit municipalities to minimize such
8 problems as may presently exist or which may be foreseen.
9 Section 3. Section 107 of the act is amended by adding a
10 subsection to read:
11 Section 107. Definitions.--* * *
12 (c) The following words and phrases when used in Article
13 VIII-B shall have the meanings given to them in this subsection
14 unless the context clearly indicates otherwise:
15 "Department," the Department of Environmental Protection of
16 the Commonwealth.
17 "Integrated water resources plan," a strategy to protect,
18 conserve and develop water resources within a watershed adopted
19 by one or more municipalities under Article VIII-B.
20 "River basin commission," a body politic and corporate
21 established as an agency and instrumentality of the governments
22 that are signatory parties to an interstate compact for the
23 purpose of conserving, utilizing, developing, managing and
24 controlling water and related resources.
25 "Watershed," the term includes:
26 (1) a region or area containing not fewer than 25 square
27 miles drained by a river or other body of water, whether
28 natural or artificial; or
29 (2) a region or area designated as a sub-basin by a river
30 basin commission.
19990S0436B0444 - 3 -
1 Section 4. The act is amended by adding a section to read:
2 Section 212. Intergovernmental Cooperation.--Governing
3 bodies may utilize the authority granted under 53 Pa.C.S. Pt.
4 III Subpt. D (relating to area government and intergovernmental
5 cooperation).
6 Section 5. Section 301(b) of the act is amended to read:
7 Section 301. Preparation of Comprehensive Plan.--* * *
8 (b) The comprehensive plan may include a plan for the
9 reliable supply of water, considering current and future water
10 resources availability, uses and limitations, including
11 provisions adequate to protect water supply sources. Any such
12 plan shall be consistent with an integrated water resources plan
13 adopted under Article VIII-B, the State Water Plan and any
14 applicable water resources plan adopted by a river basin
15 commission.
16 Section 6. Section 603 of the act is amended by adding a
17 subsection to read:
18 Section 603. Ordinance Provisions.--* * *
19 (g) Zoning ordinances may provide for the protection,
20 conservation and development of water resources.
21 Section 7. Section 605 of the act is amended by adding a
22 clause to read:
23 Section 605. Classifications.--In any municipality, other
24 than a county, which enacts a zoning ordinance, no part of such
25 municipality shall be left unzoned. The provisions of all zoning
26 ordinances may be classified so that different provisions may be
27 applied to different classes of situations, uses and structures
28 and to such various districts of the municipality as shall be
29 described by a map made part of the zoning ordinance. Where
30 zoning districts are created, all provisions shall be uniform
19990S0436B0444 - 4 -
1 for each class of uses or structures, within each district,
2 except that additional classifications may be made within any
3 district:
4 * * *
5 (5) For the purpose of giving full effect to an
6 integrated water resources plan adopted under Article VIII-B.
7 Section 8. The act is amended by adding an article to read:
8 ARTICLE VIII-B
9 Integrated Water Resources Plan
10 Section 801-B. General Powers.--For the purpose of
11 protecting, conserving and developing water resources within a
12 watershed, the governing bodies of municipalities lying within
13 the watershed may cooperate, in accordance with this article, to
14 enact, amend and repeal an integrated water resources plan.
15 Section 802-B. Preparation of Plan.--(a) An integrated
16 water resources plan shall be prepared by a joint municipal
17 planning commission established under Article XI. In addition to
18 the power to conduct a water study under section 209.1, the
19 joint planning commission shall have the power to do the
20 following:
21 (1) Identify existing water resources, including water
22 resources that originate outside the watershed.
23 (2) Identify existing uses of water resources, including
24 consumptive and conjunctive uses.
25 (3) Estimate future trends in uses of water, including
26 population and land use projection.
27 (4) Predict the capacity of the watershed to provide
28 adequate supplies to meet anticipated demands by both
29 withdrawal and nonwithdrawal users.
30 (5) Catalog water resource shortfalls, potential
19990S0436B0444 - 5 -
1 conflicts among users and areas of the watershed that require
2 special management.
3 (6) Consider points of discharge of wastewater to the
4 subsurface and to rivers and streams.
5 (7) Propose programs and procedures, based upon
6 principles of sound hydrologic management of water, effective
7 environmental protection and efficient management to address
8 water resource problems.
9 (8) Propose a program for implementing the integrated
10 water resources plan that is consistent with the plan's
11 objectives and includes schedules for adoption of the plan by
12 participating municipalities and expected State and municipal
13 costs to implement the plan.
14 (b) The integrated water resources plan shall specify the
15 period covered by the plan and shall extend at least five years
16 but no more than ten years from the date of adoption.
17 (c) Existing water and related land resources plans,
18 including flood plain management, storm water management and
19 soil conservation district plans, may be fully utilized in
20 developing the integrated water resources plan. The joint
21 planning commission shall not be required to duplicate existing
22 plans.
23 Section 803-B. Plan Provisions.--(a) An integrated water
24 resources plan may permit, prohibit, regulate, restrict and
25 determine and may contain the same elements authorized for a
26 municipal zoning ordinance by section 603.
27 (b) The provisions of an integrated water resources plan
28 shall be designed to serve the same purposes for the area of its
29 jurisdiction as are required by section 604 for municipal zoning
30 ordinances.
19990S0436B0444 - 6 -
1 (c) Section 605 shall apply to a water resources management
2 plan. All areas of municipalities that are parties to an
3 integrated water resources plan shall be covered by the plan.
4 Section 804-B. Preparation of Plan.--The provisions of
5 section 808-A shall apply to the preparation of an integrated
6 water resources plan, except that a public hearing on the plan
7 shall be held within each municipality of the proposed plan.
8 Section 805-B. Review by Department.--(a) Upon completion
9 of an integrated water resources plan, the joint planning
10 commission shall submit a copy to each municipality within the
11 watershed and to the department for its review.
12 (b) Upon receipt, the department shall give public notice
13 published once each week for two successive weeks in a newspaper
14 of general circulation in the watershed of the following:
15 (1) That an integrated water resources plan for the
16 watershed has been submitted to the department for review.
17 (2) That the plan is available for public inspection at
18 the locations specified in the notice.
19 (3) That the department will receive public comment on
20 the plan until the date specified in the notice.
21 (4) That a public hearing will be held on the plan at a
22 location within the watershed on the date and at a time
23 specified in the notice.
24 (c) The department shall, upon the date and at the time
25 specified in the public notice or upon any subsequent day or
26 days to which it may adjourn the hearing, receive testimony and
27 hear arguments submitted in support of and in opposition to the
28 integrated water resources plan.
29 (d) The department shall review the integrated water
30 resources plan to ensure that it complies with this article,
19990S0436B0444 - 7 -
1 does not conflict or interfere with integrated water resources
2 plans, if any, adopted in the region and is consistent with the
3 State comprehensive water plan.
4 (e) Within 180 days following the conclusion of the public
5 hearing on the integrated water resources plan, the department
6 shall do one of the following:
7 (1) Approve the plan as submitted by the joint planning
8 commission.
9 (2) Approve the plan as modified by the department.
10 (3) Disapprove the plan.
11 (4) Remit the plan with comments to the joint planning
12 commission for further investigation, study, survey and
13 planning.
14 Section 806-B. Adoption of Plan.--(a) (1) Within 60 days
15 following approval of an integrated water resources plan by the
16 department, each municipality that is a party to the plan may
17 enact the plan as an amendment to its comprehensive plan and
18 zoning ordinance and other land use ordinances, if any.
19 (2) All municipalities lying in whole or in part within the
20 watershed must adopt, by ordinance, the integrated water
21 resources plan for the plan to be effective within the
22 watershed.
23 (b) If the requirements of subsection (a) are not met, the
24 integrated water resources plan shall be void as to all
25 municipalities lying in whole or in part within the watershed.
26 Section 807-B. Power to Regulate Uses.--(a) Except as
27 otherwise provided in subsection (b), following adoption of an
28 integrated water resources plan, all municipalities within the
29 watershed shall have the power to regulate uses to implement the
30 provisions of the plan.
19990S0436B0444 - 8 -
1 (b) A municipality shall not have the power to regulate
2 groundwater or surface-water withdrawals unless the municipality
3 lies within a special management area designated by the
4 department under Chapter 7 of the act of June 28, 1995 (P.L.89,
5 No.18), known as the "Conservation and Natural Resources Act."
6 (c) If a municipality is situated within a special
7 management area as designated by the department, the
8 municipality may adopt an ordinance to regulate groundwater or
9 surface-water withdrawals. Prior to implementation of the
10 ordinance, the department shall review the proposed ordinance
11 and issue a certification that it is consistent with this
12 article, any other integrated water resources plan adopted in
13 the region, the State comprehensive water plan and any
14 management controls imposed by the department under Chapter 7 of
15 the "Conservation and Natural Resources Act."
16 Section 808-B. Action by Department under Water Laws.--(a)
17 The department shall take into account the provisions of an
18 integrated water resources plan when considering an application
19 for a permit under the act of June 24, 1939 (P.L.842, No.365),
20 referred to as the Water Rights Law, and the act of May 1, 1984
21 (P.L.206, No.43), known as the "Pennsylvania Safe Drinking Water
22 Act." If the department issues a permit under the Water Rights
23 Law or the "Pennsylvania Safe Drinking Water Act" that is
24 inconsistent with or contrary to the provisions of an integrated
25 water resources plan, it shall set forth the reason or reasons
26 for its action in the decision to issue the permit.
27 (b) Nothing in this article shall limit or in any way affect
28 the power of the department to issue permits or take other
29 action under the Water Rights Law or the "Pennsylvania Safe
30 Drinking Water Act."
19990S0436B0444 - 9 -
1 Section 809-B. Grants and Assistance.--The department shall
2 provide grants and technical assistance to municipalities to
3 develop and implement integrated water resources plans. The
4 department shall establish, by regulation, eligibility criteria
5 and an application procedure for the grants.
6 Section 810-B. Application of Joint Zoning Provisions.--
7 Except as otherwise provided in this article, the provisions of
8 Article VIII-A shall apply to the development, enactment,
9 amendment and enforcement of an integrated water resources plan.
10 Section 811-B. Construction of Article.--This article shall
11 be construed in pari materia with the following:
12 (1) The act of May 15, 1945 (P.L.547, No.217), known as the
13 "Conservation District Law."
14 (2) The act of July 7, 1961 (P.L.518, No.268), known as the
15 "Delaware River Basin Compact."
16 (3) The act of July 17, 1968 (P.L.368, No.181), referred to
17 as the Susquehanna River Basin Compact Law.
18 (4) The act of October 4, 1978 (P.L.851, No.166), known as
19 the "Flood Plain Management Act."
20 (5) The act of October 4, 1978 (P.L.864, No.167), known as
21 the "Storm Water Management Act."
22 (6) Chapter 7 of the act of June 28, 1995 (P.L.89, No.18),
23 known as the "Conservation and Natural Resources Act."
24 (7) Other acts and parts of acts providing for protection,
25 conservation and management of water resources.
26 Section 9. All acts and parts of acts are repealed insofar
27 as they are inconsistent with this act.
28 Section 10. This act shall take effect in 60 days.
A20L53DMS/19990S0436B0444 - 10 -