PRINTER'S NO. 1135
No. 979 Session of 1999
INTRODUCED BY CONTI, THOMPSON, GERLACH, SCHWARTZ, BOSCOLA AND STOUT, MAY 17, 1999
REFERRED TO LOCAL GOVERNMENT, MAY 17, 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 zoning purposes, for 21 classifications and for procedure for landowner curative 22 amendments. 23 The General Assembly of the Commonwealth of Pennsylvania 24 hereby enacts as follows: 25 Section 1. Sections 604 and 605 of the act of July 31, 1968 26 (P.L.805, No.247), known as the Pennsylvania Municipalities 27 Planning Code, reenacted and amended December 21, 1988
1 (P.L.1329, No.170), are amended to read:
2 Section 604. Zoning Purposes.--The provisions of zoning
3 ordinances shall be designed:
4 (1) To promote, protect and facilitate any or all of the
5 following: the public health, safety, morals, and the general
6 welfare; coordinated and practical community development and
7 proper density of population; emergency management
8 preparedness and operations, airports, and national defense
9 facilities, the provisions of adequate light and air, access
10 to incident solar energy, police protection, vehicle parking
11 and loading space, transportation, water, sewerage, schools,
12 recreational facilities, public grounds, the provision of a
13 safe, reliable and adequate water supply for domestic,
14 commercial, agricultural or industrial use, and other public
15 requirements[; as well as preservation of the natural, scenic
16 and historic values in the environment and preservation of
17 forests, wetlands, aquifers and floodplains].
18 (2) To prevent one or more of the following:
19 overcrowding of land, blight, danger and congestion in travel
20 and transportation, loss of health, life or property from
21 fire, flood, panic or other dangers.
22 (3) To preserve forests, prime agriculture and farmland
23 considering topography, soil type and classification, and
24 present use.
25 (4) To provide for the use of land within the
26 municipality for residential housing of various dwelling
27 types encompassing all basic forms of housing, including
28 single-family and two-family dwellings, and a reasonable
29 range of multifamily dwellings in various arrangements,
30 mobile homes and mobile home parks, provided, however, that
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1 no zoning ordinance shall be deemed invalid for the failure 2 to provide for any other specific dwelling type. 3 (5) To accommodate reasonable overall community growth, 4 including population and employment growth, and opportunities 5 for development of a variety of residential dwelling types 6 and nonresidential uses. 7 (6) To provide development zoning districts with the 8 primary purposes being to encourage and accommodate 9 population and employment growth and a reasonable range of 10 housing types and to provide resource protection zoning 11 districts and regulations to preserve and protect natural, 12 scenic, historic and cultural resources, including the 13 preservation of open space and rural landscapes, the 14 preservation of surface and groundwater resources, wetlands, 15 aquifers and flood plains. A zoning ordinance which makes 16 adequate provisions for its fair share of population growth 17 and housing types and for commercial and industrial growth in 18 a development district shall not be deemed invalid because 19 development and uses of the same type and densities are 20 prohibited or limited in other zoning districts. 21 (7) To foster the revitalization of this Commonwealth's 22 cities and older towns and suburbs through joint municipal 23 planning and zoning. 24 Section 605. Classifications.--In any municipality, other 25 than a county, which enacts a zoning ordinance, no part of such 26 municipality shall be left unzoned. The provisions of all zoning 27 ordinances may be classified so that different provisions may be 28 applied to different classes of situations, uses and structures 29 and to such various districts of the municipality as shall be 30 described by a map made part of the zoning ordinance. A zoning 19990S0979B1135 - 3 -
1 ordinance may establish development zoning districts having as 2 their primary purpose to encourage and accommodate population 3 and employment growth and a reasonable range of housing types 4 and resource protection zoning districts and regulations to 5 preserve and protect natural, scenic, historic and cultural 6 resources, including the preservation of open space and rural 7 landscapes, the preservation of surface and groundwater 8 resources, wetlands, aquifers and flood plains. Where zoning 9 districts are created, all provisions shall be uniform for each 10 class of uses or structures, within each district, except that 11 additional classifications may be made within any district: 12 (1) For the purpose of making transitional provisions at 13 and near the boundaries of districts. 14 (1.1) For the purpose of regulating nonconforming uses 15 and structures. 16 (2) For the regulation, restriction or prohibition of 17 uses and structures at, along or near: 18 (i) major thoroughfares, their intersections and 19 interchanges, transportation arteries and rail or transit 20 terminals; 21 (ii) natural or artificial bodies of water, boat 22 docks and related facilities; 23 (iii) places of relatively steep slope or grade, or 24 other areas of hazardous geological or topographic 25 features; 26 (iv) public buildings and public grounds; 27 (v) aircraft, helicopter, rocket, and spacecraft 28 facilities; 29 (vi) places having unique historical, architectural 30 or patriotic interest or value; or 19990S0979B1135 - 4 -
1 (vii) flood plain areas, agricultural areas, 2 sanitary landfills, and other places having a special 3 character or use affecting and affected by their 4 surroundings. 5 As among several classes of zoning districts, the provisions 6 for permitted uses may be mutually exclusive, in whole or in 7 part. 8 (3) For the purpose of encouraging innovation and the 9 promotion of flexibility, economy and ingenuity in 10 development, including subdivisions and land developments as 11 defined in this act, and for the purpose of authorizing 12 increases in the permissible density of population or 13 intensity of a particular use based upon expressed standards 14 and criteria set forth in the zoning ordinance. 15 (4) For the purpose of regulating transferable 16 development rights on a voluntary basis. 17 Section 2. Section 609.1 of the act is amended by adding 18 subsections to read: 19 Section 609.1. Procedure for Landowner Curative 20 Amendments.--* * * 21 (b.1) In a substantive validity challenge to a zoning 22 ordinance, where the zoning ordinance represents a balanced 23 effort to achieve the zoning purposes provided in section 604 24 and the challenged provision substantially promotes a valid 25 zoning purpose as set forth in section 604, the zoning ordinance 26 shall be presumed valid. 27 (b.2) Where a challenge to the validity of a zoning 28 ordinance is based on a claim that the ordinance fails to 29 provide for a municipality's fair share of population growth, a 30 reasonable range of housing types or fails to make adequate 19990S0979B1135 - 5 -
1 provision for commercial and industrial uses, a zoning ordinance 2 is presumed valid if: 3 (1) it was developed by a qualified professional community 4 planner utilizing generally accepted population and housing 5 projections in the region and, when adopted, provided adequate 6 areas to meet the population and housing projections for a ten- 7 year horizon; and 8 (2) the population and housing projections utilized and the 9 areas provided to meet the population and housing projections 10 are consistent with a comparable analysis by a county or 11 regional planning commission encompassing the area where the 12 municipality is located. 13 Where a zoning ordinance provides for projected population and 14 housing growth meeting a ten-year horizon, an ordinance will not 15 be deemed invalid because the area set aside for development was 16 fully developed before the end of that period. 17 (b.3) Where a challenge to the validity of a zoning 18 ordinance is based on a claim that density and lot area 19 requirements are unreasonable and/or confiscatory, a zoning 20 ordinance is presumed valid which provides for transferable 21 development rights and the transferable development rights 22 assigned to the subject property offset any adverse impact of a 23 limitation as to the permitted lot area and/or density of the 24 property. 25 (b.4) A zoning ordinance shall not be deemed invalid or 26 confiscatory for providing reasonable regulations which limit 27 development on land containing natural resources which are 28 protected under section 604(6). 29 * * * 30 Section 3. This act shall take effect in 60 days. C30L53WMB/19990S0979B1135 - 6 -