PRINTER'S NO. 1775
No. 1383 Session of 1989
INTRODUCED BY CORMAN, RHOADES, STOUT AND AFFLERBACH,
DECEMBER 5, 1989
REFERRED TO LOCAL GOVERNMENT, DECEMBER 5, 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 compliance by counties, for special
22 encroachments, for jurisdiction, for exclusions, for contents
23 of ordinance, for completion of improvements, for procedures,
24 for classifications, for development rights, for memberships
25 and organization of the board and for time limitations.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
28 Section 1. Sections 301.4, 405, 502(b) and (c), 503(1.1)(i)
29 and (11)(vi), 509(a), 603(c)(5), 605(3), 609.2 introductory
1 paragraph, 619.1(d) and 704(b) of the act of July 31, 1968
2 (P.L.805, No.247), known as the Pennsylvania Municipalities
3 Planning Code, reenacted and amended December 21, 1988
4 (P.L.1329, No.170), are amended to read:
5 Section 301.4. Compliance by Counties.--(a) If a county
6 does not have a comprehensive plan, then that county shall,
7 within three years of the effective date of this act, prepare
8 and adopt a comprehensive plan in accordance with the
9 requirements of section 301.
10 (b) Counties with an existing or partial comprehensive plan,
11 whether or not it is adopted, shall prepare and adopt an updated
12 plan within three years in accordance with the requirements of
13 section 301.
14 (c) Municipal comprehensive plans which are adopted shall be
15 generally consistent with the adopted county comprehensive plan.
16 Section 405. Buildings in Mapped Streets, Watercourses or
17 Other Public Grounds.--For the purpose of preserving the
18 integrity of the official map of the municipality, no permit
19 shall be issued for any building within the lines of any street,
20 watercourse or public ground shown or laid out on the official
21 map. No person shall recover any damages for the taking for
22 public use of any building or improvements constructed within
23 the lines of any street, watercourse or public ground after the
24 same shall have been included in the official map, and any such
25 building or improvement shall be removed at the expense of the
26 owner. However, when the property of which the reserved location
27 forms a part, cannot yield a reasonable return to the owner
28 unless a permit shall be granted, the owner may apply to the
29 governing body for the grant of a special encroachment permit to
30 build. Before granting any special encroachment permit
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1 authorized in this section, the governing body may submit the
2 application for a special encroachment permit to the local
3 planning agency and allow the planning agency 30 days for review
4 and comment and shall give public notice and hold a public
5 hearing at which all parties in interest shall have an
6 opportunity to be heard. A refusal by the governing body to
7 grant the special encroachment permit applied for may be
8 appealed by the applicant to [the zoning hearing board in the
9 same manner, and within the same time limitation, as is provided
10 in Article IX.] court.
11 Section 502. Jurisdiction of County Planning Agencies;
12 Adoption by Reference of County Subdivision and Land Development
13 Ordinances.--* * *
14 (b) The enactment of a subdivision and land development
15 ordinance by any municipality, other than a county, whose land
16 is subject to a county subdivision and land development
17 ordinance shall act as a repeal protanto of the county
18 subdivision and land development ordinance within the
19 municipality adopting such ordinance. However, applications for
20 subdivision and land development located within a municipality
21 having adopted a subdivision and land development ordinance as
22 set forth in this article shall be forwarded upon receipt by the
23 municipality to the county planning agency for review and report
24 and for recommendation as to compliance with the subdivision or
25 zoning ordinance, together with a fee sufficient to cover the
26 costs of the review, recommendation and report which fee shall
27 be paid by the applicant: Provided, That such municipalities
28 shall not approve such applications until the county
29 recommendation and report [is] are received or until the
30 expiration of 30 days from the date the application was
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1 forwarded to the county.
2 (c) Further, any municipality other than a county may adopt
3 by reference the subdivision and land development ordinance of
4 the county, and may by separate ordinance designate the county
5 planning agency, with the county planning agency's concurrence,
6 as its official administrative agency for review, recommendation
7 and approval of plats.
8 Section 503. Contents of Subdivision and Land Development
9 Ordinance.--The subdivision and land development ordinance may
10 include, but need not be limited to:
11 * * *
12 (1.1) Provisions for the exclusion of certain land
13 development from the definition of land development contained
14 in section 107 only when such land development involves:
15 (i) the conversion of an existing single-family
16 detached [dwelling or], single family semi-detached
17 [dwelling] or single family attached dwelling into not
18 more than three residential units, unless such units are
19 intended to be a condominium;
20 * * *
21 (11) Provisions requiring the public dedication of land
22 suitable for the use intended; and, upon agreement with the
23 applicant or developer, the construction of recreational
24 facilities, the payment of fees in lieu thereof, the private
25 reservation of the land, or a combination, for park or
26 recreation purposes as a condition precedent to final plan
27 approval, provided that:
28 * * *
29 (vi) A fee authorized under this subsection shall,
30 upon its receipt by a municipality, be deposited in an
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1 interest-bearing account, clearly identifying the
2 specific recreation facilities and/or park purposes for
3 which the fee was received. Interest earned on such
4 accounts shall become funds of that account. Funds from
5 such accounts shall be expended only [in properly
6 allocable portions of the cost incurred to construct the
7 specific recreation facilities] for the recreation
8 facilities and/or park purposes for which the funds were
9 collected.
10 * * *
11 Section 509. Completion of Improvements or Guarantee Thereof
12 Prerequisite to Final Plat Approval.--(a) No plat shall be
13 finally approved unless the streets shown on such plat have been
14 improved to a mud-free or otherwise permanently passable
15 condition, or improved as may be required by the subdivision and
16 land development ordinance and any walkways, curbs, gutters,
17 street lights, fire hydrants, shade trees, water mains, sanitary
18 sewers, storm sewers and other improvements as may be required
19 by the subdivision and land development ordinance have been
20 installed in accordance with such ordinance. In lieu of the
21 completion of any improvements required as a condition for the
22 final approval of a plat, [including improvements or fees
23 required pursuant to section 509(i),] the subdivision and land
24 development ordinance shall provide for the deposit with the
25 municipality of financial security in an amount sufficient to
26 cover the costs of such improvements or common amenities
27 including, but not limited to, roads, storm water detention
28 and/or retention basins and other related drainage facilities,
29 recreational facilities, open space improvements, or buffer or
30 screen plantings which may be required.
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1 * * *
2 Section 603. Ordinance Provisions.--* * *
3 (c) Zoning ordinances may contain:
4 * * *
5 (5) provisions to encourage innovation and to promote
6 flexibility, economy and ingenuity in development[, including
7 subdivisions and land developments as defined in this act];
8 and
9 * * *
10 Section 605. Classifications.--In any municipality, other
11 than a county, which enacts a zoning ordinance, no part of such
12 municipality shall be left unzoned. The provisions of all zoning
13 ordinances may be classified so that different provisions may be
14 applied to different classes of situations, uses and structures
15 and to such various districts of the municipality as shall be
16 described by a map made part of the zoning ordinance. Where
17 zoning districts are created, all provisions shall be uniform
18 for each class of uses or structures, within each district,
19 except that additional classifications may be made within any
20 district:
21 * * *
22 (3) For the purpose of encouraging innovation and the
23 promotion of flexibility, economy and ingenuity in
24 development, [including subdivisions and land developments as
25 defined in this act,] and for the purpose of authorizing
26 increases in the permissible density of population or
27 intensity of a particular use based upon expressed standards
28 and criteria set forth in the zoning ordinance.
29 * * *
30 Section 609.2. Procedure for Municipal Curative
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1 Amendments.--If a municipality determines that its zoning
2 ordinance or any portion thereof is [substantially]
3 substantively invalid, it shall take the following actions:
4 * * *
5 Section 619.1. Transferable Development Rights.--* * *
6 (d) No development rights shall be transferable beyond the
7 boundaries of the municipality wherein the lands from which the
8 development rights arise are situated[.], except that, in the
9 case of a joint municipal zoning ordinance involving two or more
10 municipalities, no development rights shall be transferred
11 beyond the boundaries of the municipalities comprising the joint
12 municipal zoning ordinance.
13 Section 704. Jurisdiction of County Planning Agencies.--* *
14 *
15 (b) The powers of governing bodies of counties to enact,
16 amend and repeal planned residential development provisions
17 shall not supersede any local planned residential development,
18 zoning or subdivision and land development ordinance which is
19 already in effect or subsequently becomes effective in any
20 municipality within such county, provided that a certified copy
21 of such provision is filed with the county planning agency, if
22 one exists. However, all applications for tentative approval of
23 planned residential development of land located within a
24 municipality having adopted planned residential development
25 provisions as set forth in this article shall nevertheless be
26 referred to the county planning agency, if one exists, for study
27 and recommendation as to compliance with the subdivision or
28 zoning ordinance, together with a fee sufficient to cover the
29 costs of the review, recommendation and report, which fee shall
30 be paid by the applicant, and such county planning agency shall
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1 be required to report to such municipality within 30 days or
2 forfeit the right to review.
3 Section 2. The act is amended by adding a section to read:
4 Section 822-A. Transferable Development Rights.--All rights
5 and procedures provided for in section 619.1 shall pertain to
6 municipalities participating in a joint municipal zoning
7 ordinance.
8 Section 3. Sections 903, 906(b), 909.1(a)(4) and (b)(7) and
9 914.1(a) of the act, reenacted and amended December 21, 1988
10 (P.L.1329, No.170), are amended to read:
11 Section 903. Membership of Board.--(a) The membership of
12 the board shall, upon the determination of the governing body,
13 consist of either three or five residents of the municipality
14 appointed by resolution by the governing body. The terms of
15 office of a three member board shall be three years and shall be
16 so fixed that the term of office of one member shall expire each
17 year. The terms of office of a five member board shall be five
18 years and shall be so fixed that the term of office of one
19 member of a five member board shall expire each year. If a three
20 member board is changed to a five member board, the members of
21 the existing three member board shall continue in office until
22 their term of office would expire under prior law. The governing
23 body shall appoint two additional members to the board with
24 terms scheduled to expire in accordance with the provisions of
25 this section. The board shall promptly notify the governing body
26 of any vacancies which occur. Appointments to fill vacancies
27 shall be only for the unexpired portion of the term. Members of
28 the board shall hold no other elected or appointed office in the
29 municipality[.] nor shall any member act as an employee of the
30 municipality.
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1 (b) The governing body may appoint by resolution at least
2 one but no more than three residents of the municipality to
3 serve as alternate members of the board. The term of office of
4 an alternate member shall be three years. When seated pursuant
5 to the provisions of section 906, an alternate shall be entitled
6 to participate in all proceedings and discussions of the board
7 to the same and full extent as provided by law for board
8 members, including specifically the right to cast a vote as a
9 voting member during the proceedings, and shall have all the
10 powers and duties set forth in this act and as otherwise
11 provided by law. Alternates shall hold no other elected or
12 appointed office in the municipality nor shall any alternate act
13 as an employee of the municipality, including [membership on]
14 service as a member of the planning commission [and] or as a
15 zoning officer. Any alternate may participate in any proceeding
16 or discussion of the board but shall not be entitled to vote as
17 a member of the board nor be compensated pursuant to section 907
18 unless designated as a voting alternate member pursuant to
19 section 906.
20 Section 906. Organization of Board.--* * *
21 (b) If, by reason of absence or disqualification of a
22 member, a quorum is not reached, the chairman of the board shall
23 designate as many alternate members of the board to sit on the
24 board as may be needed to [provide a quorum.] replace any absent
25 or disqualified member. Any alternate member of the board shall
26 continue to serve on the board in all proceedings involving the
27 matter or case for which the alternate was initially appointed
28 until the board has made a final determination of the matter or
29 case. Designation of an alternate pursuant to this section shall
30 be made on a case-by-case basis in rotation according to
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1 declining seniority among all alternates.
2 * * *
3 Section 909.1. Jurisdiction.--(a) The zoning hearing board
4 shall have exclusive jurisdiction to hear and render final
5 adjudications in the following matters:
6 * * *
7 (4) Appeals from a determination by a municipal engineer
8 or the zoning officer with reference to the administration of
9 any flood plain or flood hazard ordinance or such provisions
10 within a land use ordinance. In the absence of a municipal
11 zoning ordinance, the appeal from the determination by the
12 municipal engineer or building permit officer shall be to the
13 governing body.
14 * * *
15 (b) The governing body or, except as to clauses (3), (4) and
16 (5), the planning agency, if designated, shall have exclusive
17 jurisdiction to hear and render final adjudications in the
18 following matters:
19 * * *
20 [(7) Applications for a special encroachment permit
21 pursuant to section 405 and applications for a permit
22 pursuant to section 406.]
23 Section 914.1. Time Limitations.--(a) No person shall be
24 allowed to file any proceeding with the board later than 30 days
25 after an application for development, whether preliminary,
26 tentative or final, has been approved by an appropriate
27 municipal officer, agency or body if such proceeding is designed
28 to secure reversal or to limit the approval in any manner unless
29 such person alleges and proves that he had no notice, knowledge,
30 or reason to believe that such approval had been given. If such
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1 person has succeeded to his interest after such approval, he
2 shall be bound by the knowledge of his predecessor in interest.
3 The failure of anyone other than the landowner to appeal from an
4 adverse decision on a preliminary or tentative plan pursuant to
5 section 508 or 709 or from an adverse decision by a zoning
6 officer on a challenge to the validity of an ordinance or map
7 pursuant to section 916.2 shall preclude an appeal from a final
8 approval except in the case where the final submission
9 substantially deviates from the approved tentative or
10 preliminary approval.
11 * * *
12 Section 4. This act shall take effect in 60 days.
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