Bill Text: PA HB1036 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for definitions, for comprehensive plans and for compliance by counties; providing for proposed ordinances; and further providing for impact fees and for transportation capital improvement plans.

Spectrum: Moderate Partisan Bill (Democrat 13-2)

Status: (Introduced - Dead) 2009-03-19 - Referred to LOCAL GOVERNMENT [HB1036 Detail]

Download: Pennsylvania-2009-HB1036-Introduced.html

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PRINTER'S NO. 1192
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1036 Session of2009
INTRODUCED BY HOUGHTON, MANN, FREEMAN, HENNESSEY, BRENNAN, BROWN, CARROLL, GRUCELA, KORTZ, MELIO, MILNE, MIRABITO, MURT, SIPTROTH, STURLA AND R. TAYLOR, MARCH 19, 2009
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 19, 2009
AN ACT
Amending the act of July 31, 1968 (P.L.805, No.247), entitled,
as amended, "An act to empower cities of the second class A,
and third class, boroughs, incorporated towns, townships of
the first and second classes including those within a county
of the second class and counties of the second through eighth
classes, individually or jointly, to plan their development
and to govern the same by zoning, subdivision and land
development ordinances, planned residential development and
other ordinances, by official maps, by the reservation of
certain land for future public purpose and by the acquisition
of such land; to promote the conservation of energy through
the use of planning practices and to promote the effective
utilization of renewable energy sources; providing for the
establishment of planning commissions, planning departments,
planning committees and zoning hearing boards, authorizing
them to charge fees, make inspections and hold public
hearings; providing for mediation; providing for transferable
development rights; providing for appropriations, appeals to
courts and penalties for violations; and repealing acts and
parts of acts," further providing for definitions, for
comprehensive plans and for compliance by counties; providing
for proposed ordinances; and further providing for impact
fees and for transportation capital improvement plans.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "public infrastructure area,"
"public infrastructure services" and "rural resource area" in
section 107(a) of the act of July 31, 1968 (P.L.805, No.247),
known as the Pennsylvania Municipalities Planning Code,
reenacted and amended December 21, 1988 (P.L.1329, No.170) and
added June 22, 2000 (P.L.483, No.67), are amended and the
subsection is amended by adding definitions to read:
Section 107. Definitions.--(a) The following words and
phrases when used in this act shall have the meanings given to
them in this subsection unless the context clearly indicates
otherwise:
* * *
"Capital improvements program," a proposed general schedule
of all future projects listed in order of acquisition,
construction or development priority together with cost
estimates and the anticipated means of financing each project.
Included are all major projects requiring the expenditure of
public funds, over and above the annual local government's
operating expenses for the purchase, construction or replacement
of the physical assets of the municipality.
* * *
"Infrastructure," essential services and related structures,
systems, networks, developed facilities or devices, both
immovable and movable, either publicly or privately owned,
operated and maintained, that are provided or available to or
for the benefit of persons within a municipality or the public
generally or for the benefit of the Commonwealth or one or more
of its political subdivisions. These include wastewater and
sewage collection and treatment; potable water supply, treatment
and distribution; transportation of people and goods via road,
rail, air, water, mass transit, bicycle or on foot; storm water
management systems and facilities; fire, police, emergency and
medical services; schools and educational institutions; networks
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and facilities for the delivery of energy and
telecommunications; parks and recreation facilities, greenways;
and natural and managed water resource systems, whether natural
or man-made.
* * *
"Public infrastructure service area," a designated growth
area and all or any portion of a future growth area described in
a county, municipal or multimunicipal comprehensive plan where
public infrastructure services will be provided and outside of
which such public infrastructure services will not be required
to be publicly financed.
["Public infrastructure services," services that are provided
to areas with densities of one or more units to the acre, which
may include sanitary sewers and facilities for the collection
and treatment of sewage, water lines and facilities for the
pumping and treating of water, parks and open space, streets and
sidewalks, public transportation and other services that may be
appropriate within a growth area, but shall exclude fire
protection and emergency medical services and any other service
required to protect the health and safety of residents.]
* * *
"Rural resource area," an area described in a municipal or
multimunicipal plan within which rural resource uses including,
but not limited to, agriculture, timbering, mining, quarrying
and other extractive industries, forest and game lands and
recreation and tourism are encouraged and enhanced, development
that is compatible with or supportive of such uses is permitted
and public infrastructure services are not provided except in
villages[.] and except that public safety and emergency services
may be provided and certain infrastructure, such as parks,
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greenways and water resources, may be deemed consistent and
included.
* * *
Section 2. Sections 301, 301.4(a), 302(a) and 303(c) and (d)
of the act, amended June 22, 2000 (P.L.495, No.68), are amended
to read:
Section 301. Preparation of Comprehensive Plan--(a) The
municipal, multimunicipal or county comprehensive plan,
consisting of maps, charts and textual matter, shall include,
but need not be limited to, the following related basic
elements:
(1) A statement of objectives of the municipality
concerning its future development, including, but not limited
to, the location, character and timing of future development,
that may also serve as a statement of community development
objectives as provided in section 606.
(2) A plan for land use, which may include provisions
for the amount, intensity, character and timing of land use
proposed for residence, industry, business, agriculture,
major traffic and transit facilities, utilities, community
facilities, public grounds, parks and recreation,
preservation of prime agricultural lands, flood plains and
other areas of special hazards and other similar uses.
(2.1) A plan to meet the housing needs of present
residents and of those individuals and families anticipated
to reside in the municipality, which may include conservation
of presently sound housing, rehabilitation of housing in
declining neighborhoods and the accommodation of expected new
housing in different dwelling types and at appropriate
densities for households of all income levels.
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(3) A plan for movement of people and goods, which may
include expressways, highways, local street systems, parking
facilities, pedestrian and bikeway systems, trails, public
transit routes, terminals, airfields, port facilities,
railroad facilities and other similar facilities or uses.
(4) A plan for community facilities and utilities, which
may include schools and institutions for public and private
education, recreation, municipal buildings, fire and police
stations, libraries, hospitals, water supply and
distribution, sewerage and waste treatment, solid waste
management, [storm drainage, and flood plain management],
storm water and flood plain management systems and
facilities, utility corridors and associated facilities,
networks and facilities for the delivery of energy and
telecommunications and other similar facilities or uses.
[(4.1) A statement of the interrelationships among the
various plan components, which may include an estimate of the
environmental, energy conservation, fiscal, economic
development and social consequences on the municipality.
(4.2) A discussion of short- and long-range plan
implementation strategies, which may include implications for
capital improvements programming, new or updated development
regulations, and identification of public funds potentially
available.
(5) A statement indicating that the existing and
proposed development of the municipality is compatible with
the existing and proposed development and plans in contiguous
portions of neighboring municipalities, or a statement
indicating measures which have been taken to provide buffers
or other transitional devices between disparate uses, and a
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statement indicating that the existing and proposed
development of the municipality is generally consistent with
the objectives and plans of the county comprehensive plan.]
(6) A plan for the protection of natural and historic
resources to the extent not preempted by Federal or State
law. This clause includes, but is not limited to, wetlands
and aquifer recharge zones, woodlands, steep slopes, prime
agricultural land, agricultural security areas, flood plains,
unique natural areas and historic [sites.] resources. The
plan may include a scheme for a connected natural resource
system throughout the municipal, multimunicipal or county
planning area that encompasses water resources, woodlands,
parks, greenways, conservation easements and agricultural and
forest lands with conservation values, which, as a connected
system contributes to ecological and community health and
well-being. The plan shall be consistent with and may not
exceed those requirements imposed under the following:
(i) act of June 22, 1937 (P.L.1987, No.394), known
as "The Clean Streams Law";
(ii) act of May 31, 1945 (P.L.1198, No.418), known
as the "Surface Mining Conservation and Reclamation Act";
(iii) act of April 27, 1966 (1st Sp.Sess., P.L.31,
No.1), known as "The Bituminous Mine Subsidence and Land
Conservation Act";
(iv) act of September 24, 1968 (P.L.1040, No.318),
known as the "Coal Refuse Disposal Control Act";
(v) act of December 19, 1984 (P.L.1140, No.223),
known as the "Oil and Gas Act";
(vi) act of December 19, 1984 (P.L.1093, No.219),
known as the "Noncoal Surface Mining Conservation and
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Reclamation Act";
(vii) act of June 30, 1981 (P.L.128, No.43), known
as the "Agricultural Area Security Law"; and
(viii) act of June 10, 1982 (P.L.454, No.133),
entitled "An act protecting agricultural operations from
nuisance suits and ordinances under certain
circumstances".[; and
(ix) act of May 20, 1993 (P.L.12, No.6), known as
the "Nutrient Management Act," regardless of whether any
agricultural operation within the area to be affected by
the plan is a concentrated animal operation as defined
under the act.]
(6.1) A statement of the interrelationships among the
various plan components, including the sewage facilities plan
adopted by the municipality under the act of January 24, 1966
(1965 P.L.1535, No.537), known as the "Pennsylvania Sewage
Facilities Act," and any applicable storm water management
plan adopted by the county or the municipality under the act
of October 4, 1978 (P.L.864, No.167), known as the "Storm
Water Management Act," as such plans may be amended and
revised from time to time, which shall be included as
elements of the comprehensive plan. The statement of
interrelationships may include an estimate of the
environmental, energy conservation, fiscal, economic
development and social consequences for the municipalities
affected by a municipal, multimunicipal or county
comprehensive plan.
(6.2) Short-term and long-term implementation
strategies, including implementing regulations and a capital
improvements program for the acquisition, construction or
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development of the public infrastructure, facilities,
structures, and major equipment identified in the
comprehensive plan, and a list of proposed expenditures on a
six-year basis and identification of public funds potentially
available for such purposes. The capital improvements program
shall be maintained or revised, as necessary, on an annual
basis by the governing body.
(6.3) A statement indicating that the existing and
proposed development of the municipality is compatible with
the existing and proposed development and plans in contiguous
portions of neighboring municipalities, or a statement
indicating measures which have been taken to provide buffers
or other transitional devices between disparate uses, and a
statement indicating that the existing and proposed
development of the municipality is generally consistent with
the objectives and plans of the county comprehensive plan.
(7) In addition to any other requirements of this act, a
county comprehensive plan shall:
(i) Identify land uses as they relate to important
natural resources and appropriate utilization of existing
minerals.
(ii) Identify current and proposed land uses which
have a regional impact and significance, such as large
shopping centers, major industrial parks, mines and
related activities, office parks, storage facilities,
large residential developments, regional entertainment
and recreational complexes, hospitals, airports and port
facilities.
(iii) Identify a plan for the preservation and
enhancement of prime agricultural land and encourage the
20090HB1036PN1192 - 8 -
compatibility of land use regulation with existing
agricultural operations.
(iv) Identify a plan for historic preservation.
(b) The comprehensive plan shall include a plan for the
reliable supply of water, considering current and future water
resources availability, uses and limitations, including
provisions adequate to protect water supply sources. Any such
plan shall be generally consistent with the State Water Plan and
any applicable water resources plan adopted by a river basin
commission. It shall also contain a statement recognizing that:
(1) Lawful activities such as extraction of minerals may
impact water supply sources and such activities are governed
by statutes regulating mineral extraction that specify
replacement and restoration of water supplies affected by
such activities.
(2) Commercial agriculture production may impact water
supply sources.
(c) The municipal or multimunicipal comprehensive plan shall
be reviewed at least every ten years. The municipal or
multimunicipal comprehensive plan shall be sent to the governing
bodies of contiguous municipalities for review and comment and
shall also be sent to the Center for Local Government Services
for informational purposes. The municipal or multimunicipal
comprehensive plan shall also be sent to the county planning
commissions or, upon request of a county planning commission, a
regional planning commission when the comprehensive plan is
updated or at ten-year intervals, whichever comes first, for
review and comment on whether the municipal or multimunicipal
comprehensive plan remains generally consistent with the county
comprehensive plan and to indicate where the local plan may
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deviate from the county comprehensive plan.
(d) The municipal, multimunicipal or county comprehensive
plan may identify those areas where growth and development will
occur so that a full range of public infrastructure services,
including sewer, water, highways, police and fire protection,
public schools, parks, open space and other services can be
adequately planned and provided as needed to accommodate growth.
(e) The municipal, multimunicipal or county comprehensive
plan may incorporate a plan for economic development that
includes prioritization of economic and community development
projects and the integration of such projects with
transportation, infrastructure, and the land use plans.
Section 301.4. Compliance by Counties.--(a) [If a county
does not have a comprehensive plan, then that county shall,
within three years of the effective date of this act and with
the opportunity for the review, comment and participation of the
municipalities and school districts within the respective county
and contiguous counties, school districts and municipalities,
prepare and adopt a comprehensive plan in accordance with the
requirements of section 301.] Municipal comprehensive plans
which are adopted shall be generally consistent with the adopted
county comprehensive plan.
* * *
Section 302. Adoption of Municipal, Multimunicipal and
County Comprehensive Plans and Plan Amendments.--(a) The
governing body [may] shall adopt and amend the comprehensive
plan as a whole or in part. Before adopting or amending a
comprehensive plan, or any part thereof, the planning agency
shall hold at least one public meeting before forwarding the
proposed comprehensive plan or amendment thereof to the
20090HB1036PN1192 - 10 -
governing body. In reviewing the proposed comprehensive plan,
the governing body shall consider the comments of the county,
contiguous municipalities and the school district, as well as
the public meeting comments and the recommendations of the
municipal planning agency. The comments of the county,
contiguous municipalities and the local school district shall be
made to the governing body within 45 days of receipt by the
governing body, and the proposed plan or amendment thereto shall
not be acted upon until such comment is received. If, however,
the contiguous municipalities and the local school district fail
to respond within 45 days, the governing body may proceed
without their comments.
* * *
Section 303. Legal Status of Comprehensive Plan Within the
Jurisdiction that Adopted the Plan.--* * *
(c) [Notwithstanding any other provision of this act, no
action by the governing body of a municipality shall be invalid
nor shall the same be subject to challenge or appeal on the
basis that such action is inconsistent with, or fails to comply
with, the provision of a comprehensive plan.]
(1) A formally adopted county, municipal or
multimunicipal comprehensive plan, if one exists, shall be
used as a guide by the governing body of a municipality, its
departments, agencies and appointed authorities in adopting
or amending any land use ordinance or taking any proposed
action that is to be submitted to the planning agency in
accordance with subsection (a).
[(d)]
(2) Municipal zoning, subdivision and land development
regulations and capital improvement programs shall generally
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implement the municipal and multimunicipal comprehensive plan
or, where none exists, the municipal statement of community
development objectives.
Section 3. The act is amended by adding a section to read:
Section 303.1. General Consistency.--(a) In accordance with
this section, a municipal governing body shall make a finding
that a proposed ordinance is generally consistent with the
comprehensive plan. A finding of general consistency shall be
considered and made concurrently with and as part of the
ordinance enactment process prescribed in this act and as
further prescribed in this section.
(b) The issue of the general consistency of a proposed
ordinance with the comprehensive plan shall be considered at the
public hearing required to be held prior to a municipal
governing body voting to approve the ordinance.
(c) The public notice of the public hearing shall include a
statement that any person, including a representative of the
municipal or county planning agency, may provide written
comments prior to the hearing or may request to present
testimony at the hearing on the question of whether a proposed
ordinance is generally consistent with the comprehensive plan.
(d) After receiving comments and testimony pursuant to
subsection (c), and prior to voting on the proposed ordinance,
the governing body shall find that general consistency exists if
it determines that the proposed ordinance promotes, rather than
conflicts with the goals, objectives, policies and strategies
set forth in the comprehensive plan. In order to be found
generally consistent with a comprehensive plan, an ordinance
need not accomplish all of the goals, objectives, policies and
strategies set forth in the comprehensive plan.
20090HB1036PN1192 - 12 -
(e) The finding made pursuant to this section shall be
evidenced by a resolution of the governing body, but it need not
contain detailed findings of fact and may be in the form of a
conclusion.
(f) An ordinance adopted after a finding of general
consistency as provided in this section shall not be invalid nor
shall the same be subject to challenge or appeal on the basis
that the ordinance is inconsistent with, or fails to comply
with, the comprehensive plan.
(g) Applicants for any permit, approval or variance
authorized by an ordinance duly enacted by the municipal
governing body shall be entitled to rely on the land use
ordinance in effect at the time of their application.
(h) A permit, approval or variance issued or granted
pursuant to a duly adopted land use ordinance, or the issuance,
approval or denial of any of the following may not be challenged
on the basis that it is inconsistent with, or fails to comply
with, a comprehensive plan:
(1) A zoning permit, variance, special exception or
conditional use.
(2) A preliminary or final subdivision or land
development plan, development plan or program for a planned
residential development.
(3) A demolition or building permit, certificate-of-
occupancy or other approval or permit required for
construction, land development, subdivision or occupancy.
(i) A finding of general consistency in accordance with this
section shall satisfy all requirements of this act concerning an
ordinance's implementation of, or general consistency with, the
comprehensive plan.
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(j) Nothing in this act shall prevent either of the
following:
(1) The concurrent amendment of a zoning ordinance with
a comprehensive plan in accordance with section 603(j) in
order to maintain general consistency of the ordinance with
the comprehensive plan.
(2) The implementation of a multimunicipal comprehensive
plan by participating municipalities through one or more
cooperative implementation agreements, not inconsistent with
this section, for the purpose of achieving general
consistency in accordance with section 1104.
(k) The following words and phrases when used in this
section shall have the meanings given to them in this subsection
unless the context clearly indicates otherwise:
"Comprehensive plan," a formally adopted municipal or
multimunicipal comprehensive plan adopted pursuant to this act.
"Ordinance," a land use ordinance or an amendment of a land
use ordinance adopted pursuant to this act.
Section 4. Section 503-A(d) of the act, added December 19,
1990 (P.L.1343, No.209), is amended to read:
Section 503-A. Grant of Power.--* * *
(d) Impact fees may be used for those costs incurred for
improvements designated in the transportation capital
improvement program which are attributable to new development,
including the acquisition of land and rights-of-way;
engineering, legal and planning costs; and all other costs which
are directly related to road improvements within the service
area or areas, including debt service. Impact fees shall not be
imposed or used for costs associated with any of the following:
(1) Construction, acquisition or expansion of municipal
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facilities other than capital improvements identified in the
transportation capital improvements plan required by this
act.
(2) Repair, operation or maintenance of existing or new
capital improvements.
(3) Upgrading, updating, expanding or replacing existing
capital improvements to serve existing developments in order
to meet stricter safety, efficiency, environmental or
regulatory standards not attributable to new development.
(4) Upgrading, updating, expanding or replacing existing
capital improvements to remedy deficiencies in service to
existing development or fund deficiencies in existing
municipal capital improvements resulting from a lack of
adequate municipal funding over the years for maintenance or
capital construction costs.
(5) Preparing and developing the land use assumptions,
roadway sufficiency analysis and transportation capital
improvement plan, except that impact fees may be used for no
more than a proportionate amount of the cost of professional
consultants incurred in preparing a roadway sufficiency
analysis [of infrastructure within] for a specified
transportation service area, such allowable proportion to be
calculated by dividing the total costs of all road
improvements in the adopted transportation capital
improvement program within the transportation service area
attributable to projected future development within the
service area, as defined in section 504-A(e)(1)(iii), by the
total costs of all road improvements in the adopted
transportation capital improvement program within the
specific transportation service area, as defined in section
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504-A.
* * *
Section 5. Sections 504-A(d)(1) and 1103(a) of the act,
amended June 22, 2000 (P.L.495, No.68), are amended to read:
Section 504-A. Transportation Capital Improvements Plans.--* * *
(d) (1) Upon adoption of the land use assumptions by the
municipality, the advisory committee shall prepare, or cause
to be prepared, a roadway sufficiency analysis which shall
establish the existing level of [infrastructure] sufficiency
and preferred levels of service within any designated area or
areas of the municipality as described by the resolution
adopted pursuant to the creation of the advisory committee.
The roadway sufficiency analysis shall be prepared for any
highway, road or street within the designated area or areas
on which the need for road improvements attributable to
projected future new development is anticipated. The
municipality shall commission a traffic or transportation
engineer or planner to assist the advisory committee in the
preparation of the roadway sufficiency analysis.
Municipalities may jointly commission such engineer or
planner to assist in the preparation of multiple municipality
roadway sufficiency analyses. In preparing the roadway
sufficiency analysis report, the engineer may consider and
refer to previously produced professional studies and reports
relevant to the production of the roadway sufficiency
analysis as required by this section. It shall be deemed that
the roads, streets and highways not on the roadway
sufficiency analysis report are not impacted by future
development. The roadway sufficiency analysis shall include
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the following components:
(i) The establishment of existing volumes of traffic
and existing levels of service.
(ii) The identification of a preferred level of
service established pursuant to the following:
(A) The level of service shall be one of the
categories of road service as defined by the
Transportation Research Board of the National Academy
of Sciences or the Institute of Transportation
Engineers. The municipality may choose to select a
level of service on a transportation service area
basis as the preferred level of service. The
preferred levels of service shall be designated by
the governing body of the municipality following
determination of the existing level of service as
established by the roadway sufficiency analysis. If
the preferred level of service is designated as
greater than the existing level of service, the
municipality shall be required to identify road
improvements needed to correct the existing
deficiencies.
(B) Following adoption of the preferred level of
service, such level of service may be waived for a
particular road segment or intersection if the
municipality finds that one or more of the following
effectively precludes provision of road improvements
necessary to meet the level of service: geometric
design limitations, topographic limitations or the
unavailability of necessary right-of-way.
(iii) The identification of existing deficiencies
20090HB1036PN1192 - 17 -
which need to be remedied to accommodate existing traffic
at the preferred level of service.
(iv) The specification of the required road
improvements needed to bring the existing level of
service to the preferred level of service.
(v) A projection of anticipated traffic volumes,
with a separate determination of pass-through trips, for
a period of not less than five years from the date of the
preparation of the roadway sufficiency analysis based
upon the land use assumptions adopted under this section.
(vi) The identification of forecasted deficiencies
which will be created by "pass-through" trips.
* * *
Section 1103. County or Multimunicipal Comprehensive
Plans.--(a) The comprehensive plan that is the subject of an
agreement may be developed by the municipalities or, at the
request of the municipalities, by the county planning agency, or
agencies in the case of a plan covering municipalities in more
than one county, in cooperation with municipalities within the
area and shall include all the elements required or authorized
in section 301 for the region of the plan, including a plan to
meet the housing needs of present residents and those
individuals and families anticipated to reside in the area of
the plan, which may include conservation of presently sound
housing, rehabilitation of housing in declining neighborhoods
and the accommodations of expected new housing in different
dwelling types and of appropriate densities for households of
all income levels. The plan may:
(1) Designate growth areas where:
(i) Orderly and efficient development to accommodate
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the projected growth of the area within the next 20 years
is planned for residential and mixed use densities of one
unit or more per acre.
(ii) Commercial, industrial and institutional uses
to provide for the economic and employment needs of the
area and to insure that the area has an adequate tax base
are planned for.
(iii) [Services] Infrastructure to serve such
development [are] is provided or planned for.
(2) Designate potential future growth areas where future
development is planned for densities to accompany the orderly
extension and provision of [services] infrastructure.
(3) Designate rural resource areas, if applicable,
where:
(i) Rural resource uses are planned for.
(ii) Development at densities that are compatible
with rural resource uses are or may be permitted.
(iii) Infrastructure extensions or improvements are
not intended to be publicly financed by municipalities,
except in villages, unless the participating or affected
municipalities agree that such [service] infrastructure
should be provided to an area for health or safety
reasons to support or be consistent with rural resources
or to accomplish one or more of the purposes set forth in
section 1101.
(4) Plan for the accommodation of all categories of uses
within the area of the plan, provided, however, that all uses
need not be provided in every municipality but shall be
planned and provided for within a reasonable geographic area
of the plan.
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(5) Plan for developments of areawide significance and
impact, particularly those identified in section 301(3) and
(4).
(6) Plan for the conservation and enhancement of the
natural, scenic, historic and aesthetic resources within the
area of the plan.
* * *
Section 6. This act shall take effect in 60 days.
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