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                                                       PRINTER'S NO. 340

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 13 Session of 1999


        INTRODUCED BY STEIL, FREEMAN, YOUNGBLOOD, STURLA, KREBS,
           MASLAND, MAITLAND, LEVDANSKY, HERSHEY, PLATTS, MUNDY, ARGALL,
           ORIE, McILHINNEY, CORRIGAN, TRELLO, CLYMER, E. Z. TAYLOR,
           BELARDI, BARRAR, MELIO, HARHAI, VAN HORNE, RUBLEY, DALLY,
           BATTISTO, WILLIAMS, S. MILLER, BARD, STEELMAN AND ADOLPH,
           FEBRUARY 8, 1999

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 8, 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; further providing for various
    22     matters relating to the comprehensive plan and for compliance
    23     by counties; providing for funding for municipal planning;
    24     providing for neighboring municipalities, for infrastructure
    25     and public services and for county review; further providing
    26     for certain ordinances; and adding provisions relating to
    27     projects of regional impact.

    28     The General Assembly of the Commonwealth of Pennsylvania


     1  hereby enacts as follows:
     2     Section 1.  Section 105 of the act of July 31, 1968 (P.L.805,
     3  No.247), known as the Pennsylvania Municipalities Planning Code,
     4  reenacted and amended December 21, 1988 (P.L.1329, No.170), is
     5  amended to read:
     6     Section 105.  Purpose of Act.--It is the intent, purpose and
     7  scope of this act to protect and promote safety, health and
     8  morals; to accomplish coordinated development; to provide for
     9  the general welfare by guiding and protecting amenity,
    10  convenience, future governmental, economic, practical, and
    11  social and cultural facilities, development and growth, as well
    12  as the improvement of governmental processes and functions; to
    13  guide uses of land and structures, type and location of streets,
    14  public grounds and other facilities; to promote the conservation
    15  of energy through the use of planning practices and to promote
    16  the effective utilization of renewable energy sources; to
    17  promote the preservation of this Commonwealth's natural
    18  resources, open space and valuable farmland; to encourage
    19  municipalities to prepare municipal or joint municipal
    20  comprehensive plans consistent with the county policy plan; to
    21  encourage the preservation of agricultural land areas through
    22  easements, transfer of development rights and rezoning; to
    23  encourage the revitalization of established urban centers; and
    24  to permit municipalities to minimize such problems as may
    25  presently exist or which may be foreseen.
    26     Section 2.  Section 107 of the act is amended by adding
    27  definitions to read:
    28     Section 107.  Definitions.--(a)  The following words and
    29  phrases when used in this act shall have the meanings given to
    30  them in this subsection unless the context clearly indicates
    19990H0013B0340                  - 2 -

     1  otherwise:
     2     * * *
     3     "Consistent," that which any two or more governmental bodies
     4  of lands which abut shall agree is consistent with each other's
     5  comprehensive plan, is deemed to be consistent with the
     6  comprehensive plan of each.
     7     * * *
     8     "County policy plan," a land use and growth management policy
     9  plan prepared by the county planning commission which
    10  establishes broad goals and criteria for municipalities to use
    11  in preparation of their comprehensive plans and land use
    12  regulation and which is consistent with the State policy plan.
    13     * * *
    14     "Multimunicipal planning agency," a planning agency comprised
    15  of representatives of more than one municipality and constituted
    16  to address, on behalf of the participating municipalities,
    17  regional issues, including, but not limited to, agricultural and
    18  open space preservation, natural and cultural resources,
    19  transportation, housing and economic development.
    20     * * *
    21     "Regional planning agency," a planning agency that is
    22  comprised of representatives of more than one county. Regional
    23  planning responsibilities shall include, but not be limited to,
    24  providing technical assistance to counties and municipalities,
    25  preparing a regional plan consistent with the State policy plan,
    26  mediating conflicts across county lines and reviewing county
    27  policy plans for consistency with one another.
    28     * * *
    29     "State policy plan," a comprehensive land use and growth
    30  management policy plan prepared by the State Planning Board for
    19990H0013B0340                  - 3 -

     1  this Commonwealth which sets broad goals and criteria for
     2  municipalities and counties to use in the preparation of their
     3  comprehensive plans and land use regulation.
     4     * * *
     5     Section 3.  The act is amended by adding a section to read:
     6     Section 212.  Intergovernmental Cooperation.--The governing
     7  body may utilize the authority granted under 53 Pa.C.S. Pt. III
     8  Subpt. D (relating to area government and intergovernmental
     9  cooperation).
    10     Section 4.  Sections 301 and 301.4 of the act are amended to
    11  read:
    12     Section 301.  Preparation of Comprehensive Plan.--(a)  The
    13  comprehensive plan, consisting of maps, charts and textual
    14  matter, shall include, but need not be limited to, the following
    15  related basic elements:
    16         (1)  A statement of objectives of the municipality
    17     concerning its future development, including, but not limited
    18     to, the location, character and timing of future development,
    19     that may also serve as a statement of community development
    20     objectives as provided in section 606.
    21         (2)  A plan for land use, which may include provisions
    22     for the amount, intensity, character and timing of land use
    23     proposed for residence, industry, business, agriculture,
    24     major traffic and transit facilities, utilities, community
    25     facilities, public grounds, parks and recreation,
    26     preservation of [prime] agricultural lands, flood plains and
    27     other areas of special hazards and other similar uses.
    28         (2.1)  A plan to meet the housing needs of present
    29     residents and of those individuals and families anticipated
    30     to reside in the municipality, which may include conservation
    19990H0013B0340                  - 4 -

     1     of presently sound housing, rehabilitation of housing in
     2     declining neighborhoods and the accommodation of expected new
     3     housing in different dwelling types and at appropriate
     4     densities for households of all income levels.
     5         (3)  A plan for movement of people and goods, which may
     6     include expressways, highways, local street systems, parking
     7     facilities, pedestrian and bikeway systems, public transit
     8     routes, terminals, airfields, port facilities, railroad
     9     facilities and other similar facilities or uses.
    10         (4)  A plan for community facilities and utilities, which
    11     may include public and private education, recreation,
    12     municipal buildings, fire and police stations, libraries,
    13     hospitals, water supply and distribution, sewerage and waste
    14     treatment, solid waste management, storm drainage, and flood
    15     plain management, utility corridors and associated
    16     facilities, and other similar facilities or uses.
    17         (4.1)  A statement of the interrelationships among the
    18     various plan components, which may include an estimate of the
    19     environmental, energy conservation, fiscal, economic
    20     development and social consequences on the municipality.
    21         (4.2)  A discussion of short- and long-range plan
    22     implementation strategies, which may include implications for
    23     capital improvements programming, new or updated development
    24     regulations, and identification of public funds potentially
    25     available.
    26         (5)  A statement indicating [the relationship of the]
    27  that the existing and proposed development of the municipality
    28  [to] is consistent with the existing and proposed development
    29  and plans in contiguous municipalities, [to] with the objectives
    30  and plans [for development in the county of which it is a part,
    19990H0013B0340                  - 5 -

     1  and to regional trends.] of the regional planning agency, with
     2  the county policy plan and with the State policy plan.
     3         (6)  A plan for the protection of natural and cultural
     4     resources identified as requiring protection by Federal,
     5     State or county agencies or by the municipality, with
     6     documentation provided in the comprehensive plan. This clause
     7     includes, but is not limited to, air quality, wetlands and
     8     aquifer recharge zones, woodlands, steep slopes, farmland
     9     types, floodplains, unique natural areas and historic sites.
    10     (b)  The comprehensive plan [may] shall include a plan for
    11  the reliable supply of water, considering current and future
    12  water resources availability, uses and limitations, including
    13  provisions adequate to protect water supply sources. Any such
    14  plan shall be consistent with the State Water Plan and any
    15  applicable water resources plan adopted by a river basin
    16  commission.
    17     (c)  Except for counties of the second class, the municipal
    18  or multimunicipal comprehensive plan shall be updated at least
    19  every ten years. The municipal or multimunicipal comprehensive
    20  plan shall be subject to joint review and comment by the
    21  municipalities and the county planning commissions or, upon
    22  request of a county planning commission, a regional planning
    23  commission whenever the comprehensive plan is updated or at ten-
    24  year intervals, whichever comes first, to determine that the
    25  municipal comprehensive plan is consistent with the county
    26  policy plan.
    27     Section 301.4.  Compliance by Counties.--(a)  If a county
    28  does not have a [comprehensive] policy plan, then that county
    29  shall, within three years of the effective date of this act, and
    30  with the active participation of the local municipalities within
    19990H0013B0340                  - 6 -

     1  the respective county, prepare and adopt a [comprehensive]
     2  policy plan in accordance with the requirements of section 301.
     3  Municipal comprehensive plans which are adopted shall be
     4  [generally] consistent with the adopted county [comprehensive]
     5  policy plan. Final adoption of a county policy plan shall be
     6  subject to review and comments by the State Planning Board to
     7  promote consistency and monitor growth and development
     8  throughout this Commonwealth.
     9     (b)  County policy plans shall be consistent with the State
    10  policy plan and shall include the following:
    11         (1)  identify areas designated for conservation of
    12     important natural resources;
    13         (2)  identify areas designated for growth or limited
    14     growth, in relation to planned infrastructure, such as
    15     highways, water and sewers; and
    16         (3)  identify areas suitable for proposed land uses which
    17     have a regional impact and significance, such as large
    18     shopping centers, major industrial parks, mines and related
    19     activities, office parks, storage facilities, large
    20     residential developments, regional entertainment and
    21     recreational complexes, hospitals, airports and port
    22     facilities.
    23     (c)  County planning commissions should provide
    24  municipalities in their county with advisory guidelines that
    25  would promote consistency with the adopted county policy plan.
    26  These guidelines shall promote consistency with respect to local
    27  planning and zoning terminology and common types of municipal
    28  land use regulations, including methods of evaluation of
    29  infrastructure adequacy to meet the requirements of section
    30  503.2.
    19990H0013B0340                  - 7 -

     1     Section 5.  The act is amended by adding a section to read:
     2     Section 301.5.  Funding of Municipal Planning.--Priority for
     3  State grants to develop or revise comprehensive plans shall be
     4  given to those municipalities which agree to adopt comprehensive
     5  plans consistent with the county policy plan and which agree to
     6  enact a new zoning ordinance or amendment which would fully
     7  implement the municipal comprehensive plan. Municipalities and
     8  counties shall comply with these agreements within two years
     9  unless such period is extended by the grant-making agency for
    10  good cause shown. Failure to comply with the agreements shall be
    11  taken into consideration for future State funding.
    12     Section 6.  Sections 302, 303 and 306 of the act are amended
    13  to read:
    14     Section 302.  Adoption of Comprehensive Plan and Plan
    15  Amendments.--(a)  The governing body shall have the power to
    16  adopt and amend the comprehensive plan as a whole or in parts.
    17  Before adopting or amending a comprehensive plan, or any part
    18  thereof, the planning agency shall hold at least one public
    19  meeting pursuant to public notice before forwarding the proposed
    20  comprehensive plan or amendment thereof to the governing body.
    21  In reviewing the proposed comprehensive plan, the governing body
    22  shall consider the review comments of the county, contiguous
    23  municipalities and the school district, as well as the public
    24  meeting comments and the recommendations of the municipal
    25  planning agency. The comments of the county, contiguous
    26  municipalities and the local school district shall be made to
    27  the governing body within 45 days of receipt, and the proposed
    28  plan or amendment thereto shall not be acted upon until such
    29  comment is received. If, however, the contiguous municipalities
    30  and the local school district fail to respond within 45 days,
    19990H0013B0340                  - 8 -

     1  the governing body may proceed without their comments.
     2     (b)  The governing body shall hold at least one public
     3  hearing pursuant to public notice. If, after the public hearing
     4  held upon the proposed plan or amendment to the plan, the
     5  proposed plan or proposed amendment thereto is substantially
     6  revised, the governing body shall hold another public hearing,
     7  pursuant to public notice, before proceeding to vote on the plan
     8  or amendment thereto.
     9     (c)  The adoption of the comprehensive plan, or any part
    10  thereof, or any amendment thereto, shall be by resolution
    11  carried by the affirmative votes of not less than a majority of
    12  all the members of the governing body. The resolution shall
    13  refer expressly to the maps, charts, textual matter, and other
    14  matters intended to form the whole or part of the plan, and the
    15  action shall be recorded on the adopted plan or part.
    16     (d)  Counties shall formally consider amendments to their
    17  policy plan proposed by municipalities which are considering
    18  adoption or revision of their municipal comprehensive plans so
    19  as to achieve consistency between the respective plans. Except
    20  for counties of the second class, county policy plans shall be
    21  updated at least every five years. County policy plans shall be
    22  consistent with municipal comprehensive plans except that where
    23  two or more municipalities request amendments to a county policy
    24  plan to make it consistent with a multimunicipal plan, the
    25  county must accept the amendments unless good cause for their
    26  refusal is established.
    27     Section 303.  Legal Status of Comprehensive Plan Within the
    28  Jurisdiction that Adopted the Plan.--(a)  Whenever the governing
    29  body, pursuant to the procedures provided in section 302, has
    30  adopted a comprehensive plan or any part thereof, any subsequent
    19990H0013B0340                  - 9 -

     1  proposed action of the governing body, its departments, agencies
     2  and appointed authorities shall be submitted to the planning
     3  agency for its recommendations when the proposed action relates
     4  to:
     5         (1)  the location, opening, vacation, extension,
     6     widening, narrowing or enlargement of any street, public
     7     ground, pierhead or watercourse;
     8         (2)  the location, erection, demolition, removal or sale
     9     of any public structure located within the municipality;
    10         (3)  the adoption, amendment or repeal of an official
    11     map, subdivision and land development ordinance, zoning
    12     ordinance or provisions for planned residential development,
    13     or capital improvements program; or
    14         (4)  the construction, extension or abandonment of any
    15     water line, sewer line or sewage treatment facility.
    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 of the formally adopted
    19  comprehensive plan shall be made in writing to the governing
    20  body within 45 days.
    21     [(c)  Notwithstanding any other provision of this act, no
    22  action by the governing body of a municipality shall be invalid
    23  nor shall the same be subject to challenge or appeal on the
    24  basis that such action is inconsistent with, or fails to comply
    25  with, the provision of the comprehensive plan.]
    26     (c.1)  Municipal zoning, subdivision and land development
    27  regulations and capital improvement programs shall fully
    28  implement the municipal comprehensive plan or, where none
    29  exists, the municipal statement of community development
    30  objectives and the county policy plan.
    19990H0013B0340                 - 10 -

     1     Section 306.  Municipal and County Comprehensive Plans.--(a)
     2  When a municipality having a comprehensive plan is located in a
     3  county which has adopted a comprehensive plan, both the county
     4  and the municipality shall each give the plan of the other
     5  consideration in order that the objectives of each plan can be
     6  protected to the greatest extent possible.
     7     (b)  Within 30 days after adoption, the governing body of a
     8  municipality, other than a county, shall forward a certified
     9  copy of the comprehensive plan, or part thereof or amendment
    10  thereto, to the county planning agency or, in counties where no
    11  planning agency exists, to the governing body of the county in
    12  which the municipality is located.
    13     (c)  Counties shall consult with municipalities and solicit
    14  comment from school districts during the process of preparing or
    15  updating a policy plan in order to ascertain where
    16  municipalities and school districts anticipate growth and where
    17  additional infrastructure may be needed.
    18     Section 7.  The act is amended by adding sections to read:
    19     Section 502.1.  Neighboring Municipalities.--(a)  The county
    20  planning commission shall offer a mediation option to any
    21  municipality which believes that its citizens will experience
    22  harm as the result of a proposed subdivision or development of
    23  land in a neighboring municipality. In exercising such an
    24  option, the mediating parties shall meet the stipulations and
    25  follow the procedures set forth in Article IX. The cost of the
    26  mediation shall be shared equally by the disputing
    27  municipalities unless otherwise agreed upon by the mediating
    28  parties.
    29     (b)  In any instance where a municipality has a comprehensive
    30  plan and implementing ordinances that are consistent with the
    19990H0013B0340                 - 11 -

     1  county plan, and a neighboring municipality that is considering
     2  a change of use or subdivision and land development proposal
     3  either does not have a comprehensive plan and ordinance
     4  consistent with the county policy plan or the proposal requires
     5  a variance from that consistent plan and ordinance, the
     6  governing body of a neighboring municipality shall have standing
     7  to appear before the governing body and the various boards and
     8  commissions within a municipality considering a proposed
     9  subdivision, change of land use or land development which they
    10  determine will have a negative impact on the residents in their
    11  municipality.
    12     Section 503.2.  Infrastructure and Public Services.--(a)  It
    13  is the intent of the General Assembly that public facilities and
    14  services, which shall include public primary and secondary
    15  educational services needed to support development, shall be
    16  available concurrent with the impacts of such development. In
    17  meeting this intent, public facility and service availability
    18  shall be deemed sufficient if the public facilities and services
    19  for a development are phased so that the public facilities and
    20  those related services which are deemed necessary by the local
    21  government to operate the facilities necessitated by that
    22  development are available concurrent with the impacts of the
    23  development.
    24     (b)  The subdivision and land development ordinance shall
    25  include provisions for insuring that, as a condition of
    26  approval, a municipality will require that onsite and offsite
    27  infrastructure and public services needed to support a
    28  particular level of development will be identified and provided
    29  concurrently with such development.
    30     (c)  The public services and infrastructure, unless already
    19990H0013B0340                 - 12 -

     1  available, are to be consistent with the municipality's
     2  transportation capital improvements plan, Act 537 plan and
     3  capital improvements plan for water supply.
     4     (d)  Approval of an application for a subdivision or a land
     5  development may be delayed until the required infrastructure and
     6  public services are in place and available.
     7     (e)  Exceptions may be granted in regard to transportation
     8  infrastructure for geographical areas defined in the municipal
     9  and county policy plans as:
    10         (1)  a downtown development or redevelopment area;
    11         (2)  an area where urban infill is to be encouraged; or
    12         (3)  an area where higher densities are to be encouraged
    13     in order to utilize public transit.
    14     (f)  The infrastructure and services deemed necessary to
    15  support a development may occur in phases which are concurrent
    16  with the phased completion of the development, if approval is
    17  given by the local government.
    18     Section 602.1.  County Review; Dispute Resolution.--(a)  A
    19  municipal zoning ordinance that complies with sections 301(c)
    20  and 303(d) creates an irrebuttable presumption that the
    21  ordinance is compatible with the comprehensive plan.
    22     (b)  The county planning commission shall offer a mediation
    23  option to any municipality which believes that its citizens will
    24  experience harm as the result of the adoption of a zoning
    25  ordinance or an amendment to an existing zoning ordinance in a
    26  neighboring municipality. In exercising such an option, the
    27  mediating parties shall meet the stipulations and follow the
    28  procedures set forth in Article IX. The cost of the mediation
    29  shall be shared equally by the disputing municipalities unless
    30  otherwise agreed upon by the mediating parties.
    19990H0013B0340                 - 13 -

     1     (c)  Where a municipality, either through its own
     2  comprehensive plan and implementing ordinances, or through a
     3  multimunicipal plan and implementing ordinances, is in
     4  conformity with the county policy plan, and the county plan
     5  taken together with consistent local municipal plans and
     6  ordinances makes a reasonable amount of land in reasonable
     7  geographic areas available for all uses dispersed throughout the
     8  county, including a wide range of housing opportunities for all
     9  income levels, a court shall consider all uses and zoning
    10  densities available in the county rather than the specific
    11  municipality whose ordinance is under review. The court shall
    12  pay particular attention to the coordination of plans and
    13  ordinances where the challenge to an ordinance involves the
    14  conversion of land otherwise planned and zoned for agricultural
    15  uses, open space, natural and historic area preservation and
    16  conservation to other uses.
    17     (d) (1)  Notwithstanding any statute or regulation to the
    18     contrary, municipalities that enter into a joint municipal
    19     zoning ordinance, in conformity with Article VIII-A, shall be
    20     entitled to priority consideration when applying for State
    21     financial assistance for programs, including, but not limited
    22     to:
    23             (i)  Planning.
    24             (ii)  Economic development.
    25             (iii)  Housing.
    26             (iv)  PENNVEST.
    27             (v)  Department of Transportation.
    28             (vi)  Recreation.
    29             (vii)  Open space and farmland preservation.
    30         (2)  Municipalities that enter into a joint municipal
    19990H0013B0340                 - 14 -

     1     zoning ordinance, which complies to provisions of section
     2     602.1(c) may also by agreement share tax revenues and fees
     3     generated from municipalities located within the region.
     4     Section 8.  Section 603 of the act, amended December 14, 1992
     5  (P.L.815, No.131), is amended to read:
     6     Section 603.  Ordinance Provisions.--(a)  Zoning ordinances
     7  should reflect the policy goals of the statement of community
     8  development objectives required in section 606, and give
     9  consideration to the character of the municipality, the needs of
    10  the citizens and the suitabilities and special nature of
    11  particular parts of the municipality.
    12     (b)  Zoning ordinances may permit, prohibit, regulate,
    13  restrict and determine:
    14         (1)  Uses of land, watercourses and other bodies of
    15     water.
    16         (2)  Size, height, bulk, location, erection,
    17     construction, repair, maintenance, alteration, razing,
    18     removal and use of structures.
    19         (3)  Areas and dimensions of land and bodies of water to
    20     be occupied by uses and structures, as well as areas, courts,
    21     yards, and other open spaces and distances to be left
    22     unoccupied by uses and structures.
    23         (4)  Density of population and intensity of use.
    24         (5)  Protection and preservation of natural and historic
    25     resources and agricultural land and activities.
    26     (c)  Zoning ordinances may contain:
    27         (1)  provisions for special exceptions and variances
    28     administered by the zoning hearing board, which provisions
    29     shall be in accordance with this act;
    30         (2)  provisions for conditional uses to be allowed or
    19990H0013B0340                 - 15 -

     1     denied by the governing body pursuant to public notice and
     2     hearing and recommendations by the planning agency and
     3     pursuant to express standards and criteria set forth in the
     4     zoning ordinances. In allowing a conditional use, the
     5     governing body may attach such reasonable conditions and
     6     safeguards, in addition to those expressed in the ordinance,
     7     as it may deem necessary to implement the purposes of this
     8     act and the zoning ordinance;
     9         (2.1)  when an application for either a special exception
    10     or a conditional use has been filed with either the zoning
    11     hearing board or governing body, as relevant, and the subject
    12     matter of such application would ultimately constitute either
    13     a "land development" as defined in section 107 or a
    14     "subdivision" as defined in section 107, no change or
    15     amendment of the zoning, subdivision or other governing
    16     ordinance or plans shall affect the decision on such
    17     application adversely to the applicant and the applicant
    18     shall be entitled to a decision in accordance with the
    19     provisions of the governing ordinances or plans as they stood
    20     at the time the application was duly filed. Provided,
    21     further, should such an application be approved by either the
    22     zoning hearing board or governing body, as relevant,
    23     applicant shall be entitled to proceed with the submission of
    24     either land development or subdivision plans within a period
    25     of six months or longer or as may be approved by either the
    26     zoning hearing board or the governing body following the date
    27     of such approval in accordance with the provisions of the
    28     governing ordinances or plans as they stood at the time the
    29     application was duly filed before either the zoning hearing
    30     board or governing body, as relevant. If either a land
    19990H0013B0340                 - 16 -

     1     development or subdivision plan is so filed within said
     2     period, such plan shall be subject to the provisions of
     3     section 508(1) through (4), and specifically to the time
     4     limitations of section 508(4) which shall commence as of the
     5     date of filing such land development or subdivision plan;
     6         (2.2)  provisions for regulating transferable development
     7     rights, on a voluntary basis, including provisions for the
     8     protection of persons acquiring the same, in accordance with
     9     express standards and criteria set forth in the ordinance and
    10     section 619.1;
    11         (2.3)  provisions for reciprocal agreements among
    12     municipalities for a system of transfer of development rights
    13     on a regional basis in order to preserve valuable farmland,
    14     environmentally sensitive areas and areas of cultural or
    15     historic significance;
    16         (3)  provisions for the administration and enforcement of
    17     such ordinances;
    18         (4)  such other provisions as may be necessary to
    19     implement the purposes of this act;
    20         (5)  provisions to encourage innovation and to promote
    21     flexibility, economy and ingenuity in development, including
    22     subdivisions and land developments as defined in this act;
    23     and
    24         (6)  provisions authorizing increases in the permissible
    25     density of population or intensity of a particular use based
    26     upon expressed standards and criteria set forth in the zoning
    27     ordinance, especially increases that would promote and
    28     preserve farmland, environmentally sensitive areas and areas
    29     of cultural or historic significance.
    30     (d)  Zoning ordinances may include provisions regulating the
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     1  siting, density and design of residential, commercial,
     2  industrial and other developments in order to assure the
     3  availability of reliable, safe and adequate water supplies to
     4  support the intended land uses within the capacity of available
     5  water resources.
     6     (e)  Zoning ordinances may not unduly restrict the display of
     7  religious symbols on property being used for religious purposes.
     8     (f)  Zoning ordinances may not unreasonably restrict forestry
     9  activities.
    10     (g)  (1)  Zoning  ordinances shall provide for the protection
    11     of farmland and promote the establishment of agricultural
    12     security areas.
    13         (2)  Zoning ordinances shall provide for protection of
    14     identified natural and cultural features and resources,
    15     including, but not limited to, air quality, wetlands and
    16     aquifer recharge zones, woodlands, steep slopes, floodplains,
    17     unique natural sites and unique historic sites.
    18     (h)  If a municipality wishes to rezone land in a manner not
    19  consistent with its comprehensive plan, it must first amend its
    20  comprehensive plan and follow the procedures outlined in Article
    21  III.
    22     (i)  Nothing in this act shall prevent a municipality from
    23  amending individual elements of its comprehensive plan at any
    24  time, so long as the comprehensive plan remains consistent with
    25  the county policy plan and the comprehensive plans of abutting
    26  municipalities and so long as the municipality also adopts such
    27  ordinances as are required to implement the amendment.
    28     Section 9.  This act shall take effect in 60 days.


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