 Local Government Committee
Senator Jim Gerlach, Chairman
Room 168 Main Capitol - Senate Box 203044
Harrisburg, PA 17120-3044
(717) 787-1398
(717) 783-4587 (fax)
Lauren E. Muglia, Executive Director
House Bill 14, PN 3711
PRIME SPONSOR: Representative David Steil
SUMMARY:
This legislation would amend the "Pennsylvania Municipalities Planning Code" (Act 247 of 1968) to further provide for intergovernmental cooperative planning and to provide for the adoption of implementation agreements.
Key Definitions
"Designated Growth Area" - a region in a municipal or multimunicipal plan that preferably includes and surrounds a city, borough or village, within which residential and mixed use development is permitted or planned at densities of one unit per acre or more, and commercial, industrial and institutional uses are permitted or planned and public infrastructure services are provided or planned.
"Development of Regional Significance and Impact" - any land development that, because of its character, magnitude or location will have substantial effect upon the health, safety or welfare of citizens in more than one municipality.
"Future Growth Area" - an area of a municipality or multimunicipal plan outside of and adjacent to a designated growth area where residential, commercial, industrial and institutional uses are permitted or planned at varying densities and urban services may or may not be provided, but future development at greater densities is planned to accompany the orderly extension of urban services.
"Public Infrastructure Services" - services that are provided to areas within densities of one or more units per acre, including the provision of sewers, water, parks and open space, streets and sidewalks, public transportation and other services that may be appropriate within a growth boundary, but shall exclude fire protection and emergency medical services and other services required to protect health and safety.
"Rural Resource Area" - an area described in a municipal or multimunicipal plan within which rural resource uses such as agriculture, timbering, mining, quarrying and other extractive industries, forest and game lands and recreation and tourism are encouraged. Development that is compatible with such uses is permitted and public infrastructure services are not provided, except in villages.
"Village" - an unincorporated settlement that is part of a township, where residential and mixed use densities of one unit per acre or more exist or are permitted and limited commercial, industrial and institutional uses exist or are permitted.
Intergovernmental Cooperation Agreements
The governing bodies of municipalities may enter into agreements as provided by the "Intergovernmental Cooperation Law" (except provisions relating to initiative and referendum) for the purpose of developing and implementing a comprehensive plan for the entire county or any area within the county. Such agreements may also be made between counties, for areas that include municipalities in more than one county and between counties, municipalities, authorities or other special districts providing water and sewer facilities, transportation planning or other services within the area.
County or Multimunicipal Comprehensive Plans
The comprehensive plan that is subject of an intergovernmental agreement may be developed by the municipalities within the area of the plan or, if requested, by the county planning agency(s) and shall include all the required or authorized elements in Section 301 (Preparation of Comprehensive Plan) for the region of the plan.
The plan may:
* Designate growth areas where:
* Orderly development to accommodate the projected growth within the next 20 years is planned for residential and mixed use densities of one or more unit for each acre.
* Commercial, industrial, and institutional uses are planned to provide for the economic and employment needs of the area and to insure that the area's tax base will be adequate
* Services are provided or planned for such development.
* Designate potential future growth areas where future development is planned for at densities to accompany the orderly extension of services.
* Designate rural resource areas, if applicable, where:
* Plans for rural resource uses have been made.
* Development at densities compatible with rural resource uses that are or may be permitted.
* Publicly financed infrastructure services are not provided or planned, except in villages, unless the participating municipalities agree for health or safety reasons.
* Plan for the accommodation of all categories of uses within the area , including housing for all income levels and a reasonable allocation of affordable housing. All uses need not be provided in every municipality, but shall be provided over the area of the plan.
* Plan for developments of area wide significance , especially those involving transportation, community facilities and utilities.
* Plan for the conservation and enhancement of the natural, scenic, historic, and aesthetic resources of the area.
The county may facilitate a joint planning process and may enter into cooperative planning agreements with participating municipalities. The planning process shall include public participation to ensure that affected parties have an opportunity to be heard before the adoption of the plan.
The adoption of the plan and amendments shall conform with the requirements of the act regarding the comprehensive plan. A comprehensive county or multimunicipal plan that conforms with this article and was adopted within five years prior to the adoption of this article, may be implemented as provided herein.
Implementation Agreements
To implement multimunicipal comprehensive plans, counties and municipalities shall have the authority to enter into intergovernmental cooperative agreements.
Cooperative implementation agreements between a county and participating municipalities shall:
* Establish the process by which the county and participating municipalities will achieve consistency between the multimunicipal comprehensive plan and zoning ordinances, subdivision and land development ordinances, etc., including adoption of conforming ordinances within two years and a mechanism for resolving disputes.
* Establish the process for review and approval of developments of regional significance and impact proposed within any participating municipality. Under no circumstances shall an applicant for approval be required to undergo more than one approval process.
* Establish the implementation role and responsibilities of participating municipalities, including provisions for public infrastructure services, provisions for affordable housing and the purchase of real property.
* Require yearly reports detailing the activities carried out during the previous year by the county planning agency and the participating municipalities. Such reports shall include summaries of public infrastructure needs in growth areas and progress toward meeting those needs and reports on development applications and the disposition of those applications to help evaluate the provision of all types of housing within the region of the plan.
* Describe any other duties and responsibilities upon which parties agreed.
Cooperative implementation agreements may designate growth areas, future growth areas and rural resource areas within the plan. The agreement shall also include the process for amending the multimunicipal comprehensive plan and redefining the areas within the plan.
The county may facilitate convening representatives of all parties, public or private, interested in providing public infrastructure services within a growth area in order to negotiate agreements with various providers of such services. The county may assist the negotiating parties by providing technical assistance and mediation services to resolve any disputes.
Legal Effect
After participating municipalities have adopted a county or multimunicipal plan and the municipalities have conformed their local plans and ordinances to that plan, the following rules will be applied:
* Any challenge to the validity of a zoning ordinances of participating municipalities shall consider the availability of uses within the region of the plan and not be limited to the single municipality whose zoning ordinance is being challenged.
* State agencies shall consider and may rely upon comprehensive plans and zoning ordinances when reviewing applications for the funding or permitting of infrastructure or facilities.
* State agencies shall consider and may give priority consideration to applications for financial or technical assistance for projects consistent with the county or multimunicipal plan.
Additional Powers
After entering into implementation agreements to carry out a county or multimunicipal plan, a county and participating municipalities will have the following additional powers:
* To provide by cooperative agreement for the sharing of tax revenues and fees by municipalities within the region.
* To adopt a transfer of development rights program by adopting an ordinance that is applicable to the region of the plan. This program will enable the transfer of development rights from rural resource areas in any participating municipality to designated growth areas in any participating municipality.
Specific Plans
Participating municipalities shall have the authority to adopt a specific plan for the systematic implementation of a county or multimunicipal comprehensive plan for any part of the area covered by the plan. The specific plans must include text and diagram(s) and implementing ordinances specifying all of the following in detail:
* The distribution, location, and extent of the area and standards for land uses and facilities, including design of sewage, water, drainage and other essential facilities needed to support the land uses.
* The location, classification, and design of all transportation facilities (including streets and roads) needed to serve the land use described in the plan.
* Standards for population density, land coverage, building intensity, and supporting services, including utilities.
* Standards for the preservation, conservation, development, and use of natural resources, including the protection of open spaces, resource lands, and agricultural lands within or adjacent to the region covered by the specific plan.
* A program of implementation including regulations, financing of the capital improvements and provisions for repealing or changing the specific plan. Regulations may include zoning, storm water, subdivision and land development, highway access and any other provisions for which the participating municipalities are authorized to enact. The regulations may be amended into the county or municipal ordinances or adopted as separate ordinances. If enacted as separate ordinances, the ordinance will repeal or replace any county or municipal ordinance in effect in the area covered by the specific plan and shall conform to the provisions of the specific plan.
No specific plan can be adopted or amended unless the proposed plan or amendment is consistent with the county or multimunicipal comprehensive plan. No capital project by any municipal authority, local government, or State agency shall be approved and no final plan, development plan or plat for any subdivision or development of land shall be approved unless it is consistent with the adopted specific plan. The same procedures as those provided in this article and used by a county and participating municipalities for adopting comprehensive plans and ordinances must be used when adopting or amending a specific plan.
When a specific plan has been adopted, applicants for subdivision or land development approval shall be required to submit only a final plan as provided in Article V, provided that such final plan is consistent with the adopted specific plan. A county or participating municipality may not charge a fee on persons seeking subdivision and land development approval.
Other Provisions
This legislation shall not be construed as limiting the authority of the Pennsylvania Public Utility Commission over the location of public utilities and the rendering of public utility services.
B. EXISTING LAW:
The "Pennsylvania Municipalities Planning Code" (53 ç 10101 et seq.) currently provides for planning and zoning by second through eighth class counties and all municipalities (except first and second class cities). The "Planning Code" currently provides for the adoption and amendment of comprehensive plans and zoning ordinances by counties and municipalities, the adoption and amendment of subdivision and land development ordinances by municipalities and joint municipal zoning.
EFFECTIVE DATE:
This act would take effect within 60 days of enactment. 6/13/00 |
