 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
SENATE BILL 300
Printer's No. 2058
SUMMARY
(Bold added for emphasis only.)
Article I (General Provisions)
Section 105 (Purposes of the Act) states why Senate Bill 300 was adopted and what it is intended to accomplish, i.e., to ensure consistency between zoning and planning and to preserve natural and historic resources and prime agricultural land, while protecting forestry and agricultural operations.
Section 107 (Definitions) is amended by adding new definitions of "Agricultural Operation," "Center for Local Government Services," "Consistency," "County Comprehensive Plan," "General Consistency, Generally Consistent," "Minerals," "Multimunicipal Planning Agency," "Preservation or Protection," "Prime Agricultural Land," "Regional Planning Agency," "State Land Use and Growth Management Report," and "Traditional Neighborhood Development."
Article II (Planning Agencies)
A new Section 212 (Intergovernmental Cooperation) is added stating that municipal governing bodies may engage in intergovernmental cooperation and enter into joint cooperation agreements.
Article III (Comprehensive Plan)
Section 301 (Preparation of the Comprehensive Plan) is amended to require statements that development in a municipality be compatible with development in contiguous portions of neighboring municipalities or that buffers or other transitional devices will separate "disparate uses" and that development will also be generally consistent with the county comprehensive plan. Also required is a plan for natural and historic resource protection, provided that the plan does not exceed the requirements of specifically identified laws regulating water, mining, and agriculture. In addition, a county comprehensive plan shall identify various land uses (e.g., relating to natural resources and mineral utilization or having regional significance) and contain a plan for prime agricultural land and agricultural operations. The municipal or multimunicipal comprehensive plan shall be reviewed every ten years and, when it is updated or reviewed, comments concerning its general consistency with the county comprehensive plan shall be solicited from the county or regional planning commission. A municipal/ multimunicipal or county comprehensive plan may also identify growth and development areas to allow adequate planning for and provision of public infrastructure services.
Section 301.4 (Compliance by Counties) is amended to permit review, comment, and participation by municipalities and school districts in county planning and to have county planning commissions provide advisory guidelines to municipalities to promote general consistency with the county comprehensive plan and uniformity in ordinance terminology.
A new Section 301.5 (Funding of Municipal Planning) is added to provide up to 25% of state grants for developing/revising comprehensive plans, on a priority basis, to municipalities that agree to make their comprehensive plans generally consistent with the county comprehensive plan.
Section 302 (Adoption of Municipal, Multimunicipal and County Comprehensive Plans and Plan Amendments) is amended with regard to adding public meeting and comment requirements and to require that a county comprehensive plan be updated at least every ten years. Also, counties shall consider amendments to their comprehensive plan when proposed by municipalities considering adoption or revision of their municipal comprehensive plans so as to achieve general consistency between the respective plans; and, unless there is good cause for a refusal, the county must accept the amendments to a county comprehensive plan proposed by two or more contiguous municipalities for the purpose of achieving general consistency between plans.
Section 303 (Legal Status of Comprehensive Plan Within the Jurisdiction that Adopted the Plan) is amended to require municipal ordinances and programs to generally implement the municipal/multimunicipal comprehensive plan.
Section 306 (Municipal and County Comprehensive Plans) is amended to better determine future growth needs during the process of county comprehensive planning, by requiring county consultation with municipalities, school districts, municipal authorities, and public utilities, and, for informational purposes, the Center for Local Government Services.
A new Section 307 (State Land Use and Growth Management Report) requires the Center for Local Government Services to issue a state land use and growth management report at five-year intervals.
Article V (Subdivision and Land Development)
Section 501 (Grant of Power) is amended to clarify that action by the planning agency, if designated by the governing body to act on subdivisions and land development applications, shall be considered action of the governing body.
A new Section 502.1 (Contiguous Municipalities) permits the county planning commission to offer mediation to contiguous municipalities with regard to a proposed subdivision or land development; and permits a municipality to appear and comment in the proceeding of a contiguous municipality.
Section 508 (Approval of Plats) is amended with regard to circumstances for extending the five-year period when subsequent changes in the land use ordinances or plan cannot be applied to prevent the completion of a previously approved development application.
Section 509 (Completion of Improvements or Guarantee Thereof Prerequisite to Final Plat Approval) is amended, eliminating the need to give financial security to a municipality for the costs of any improvements for which financial security is required and provided to PennDOT in connection with a highway occupancy permit.
Section 513 (Recording of Plats) is amended with regard to when the 90-day period for recording a plat begins to run.
Article V-A (Municipal Capital Improvement)
Section 503-A (Grant of Power) is amended to provide that two or more municipalities, other than counties, can jointly impose impact fees if they have adopted a joint municipal comprehensive plan. (Note: It appears that this must be accomplished through the creation of a joint municipal authority.)
Section 504-A (Transportation Capital Improvements Plan) is amended to permit the preparation of a multimunicipal roadway sufficiency analysis and appointment of a joint impact fee advisory committee. Also, a construction index can be applied to revise the cost of transportation capital improvements, but no more than once annually.
Section 505-A (Establishment and Administration of Impact Fees) is amended to: have "peak-hour" trips used in calculating impact fees; allow a municipality to voluntarily submit a traffic study for a proposed development for use in an appeal; set criteria under which fees paid by an applicant may be used for projects other than those in the capital improvement plan or a credit be allowed against impact fees for any construction projects not contained in the capital improvement plan, which are performed at the applicant's expense; and authorize an additional impact fee on certain new developments, which will generate a stated high level of peak-hour trips.
A new Section 508-A (Joint Municipal Impact Fee Ordinance) is added to permit municipalities that adopt a joint municipal comprehensive plan to also enact, amend, and repeal a joint transportation impact fee ordinance. (Note: No reference is made to a joint municipal authority as in Section 503-A above.)
Article VI (Zoning)
A new Section 602.1 (County Review; Dispute Resolution) is added to permit the county planning commission to offer a mediation option to contiguous municipalities with regard to zoning disputes.
Section 603 (Ordinance Provisions) is amended to acknowledge that various state laws regulating mining and agriculture may preempt the MPC; recognize the need to protect "prime" agricultural land and continuing agricultural operations; promote agricultural security areas; protect natural and historic sites; ensure that forestry activities are a permitted use by right in all zoning districts; require amendment of the comprehensive plan for consistency with any proposed rezoning; ensure that zoning ordinances adopted by municipalities are generally consistent with the municipal or multimunicipal comprehensive plan; and provide for reasonable development of minerals in each municipality.
A new Section 608.1 (Municipal Authorities and Water Companies) is added to provide notice requirements for a municipal authority, water company or any other municipality that plans to expand water, sanitary sewer, or storm sewer service. The goal of this amendment is to provide an opportunity to share information regarding how the decision to expand service may potentially affect land use planning of municipalities. It is also stated that the authority of the Public Utility Commission over public utility facilities and services shall not be limited; except that the PUC is to consider municipal comprehensive plans and zoning ordinances. Further, it is affirmed that a municipality is not authorized to regulate the allocation or withdrawal of water resources otherwise regulated.
Section 619.1 (Transferable Development Rights) is amended to permit, by agreement, the transfer of development rights among municipalities.
A new Section 619.2 (Effect of Comprehensive Plans and Zoning Ordinances) is added to have the Center for Local Government Services coordinate Commonwealth agency programs and resources with municipal planning and zoning. Also, Commonwealth agencies are to consider and may rely on a joint municipal zoning ordinance for the funding or permitting of infrastructure or facilities and municipalities with joint zoning may agree to share tax revenues.
Article VII (Planned Residential Development)
Section 711 (Application for Final Approval) is amended with additional provisions regarding the time when municipal action is to be taken on a PRD application for final approval.
Article VII –A (Traditional Neighborhood Development)
This entire article is new and provides that the governing body of each municipality may enact, amend, and repeal provisions of a zoning ordinance in order to fix standards and conditions for traditional neighborhood development. The standards and conditions for traditional neighborhood development shall be included within the zoning ordinance, and the enactment of the traditional neighborhood development provisions shall be in accordance with the procedures required for the enactment of an amendment of a zoning ordinance. The provisions shall:
- set forth the standards, conditions, and regulations, including, if desired, the use of overlay zones, for a traditional neighborhood development.
- set forth the procedures pertaining to the application for, hearing on, and tentative and final approval of a traditional neighborhood development, which shall be consistent with this article for those applications and hearings.
A traditional neighborhood development may be developed and applied in any of the following forms:
- as a new development.
- as an outgrowth of existing development.
- as a form of urban infill where existing uses and structures may be incorporated into the development.
- in any combination or variation of the above.
Article IX (Zoning Hearing Board and other Administrative Proceedings)
A new Section 917 (Applicability of Validity of Ordinance Amendments) is added. The provision simply moves Section 603(b)(2.1) into this new section. No substantive change is made.
Article X-A (Appeals to Court)
Section 1006-A (Judicial Relief) is amended to have each municipal zoning ordinance provide for reasonable coal mining activities
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