Pennsylvania Municipalities Planning Code Comprehensive Study Guide

Act Overview, Legal Construction, and Statutory Purpose

• Act Identity and Short Title:

  • Known and cited as the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805, No. 247, as reenacted and amended).

  • Seventeenth Edition published January 2003 by the Governor's Center for Local Government Services under the Department of Community and Economic Development (DCED).

  • Enacted into law by the General Assembly of the Commonwealth of Pennsylvania.

• Effective Date:

  • Original effective date: January 1, 1969.

• Construction and Statutory Relationship:

  • Does not affect any act done, contract executed, or liability incurred prior to January 1, 1969.

  • Preserves any suit or prosecution pending or to be instituted under prior laws.

  • All ordinances, resolutions, regulations, and rules made pursuant to repealed acts continue in effect unless inconsistent with this act.

  • Provisions of other acts relating to municipalities (excluding cities of the first and second class and counties of the second class) are incorporated into this code and construed to give effect to non-repealed provisions.

  • Constitutional severability clause: if any provision is held unconstitutional, remaining provisions remain valid based on declared legislative intent.

• Statutory Scope and Empowerment:

  • Empowers cities of the second class A and third class, boroughs, incorporated towns, townships of the first and second classes (including those in counties of the second class), and counties of the second through eighth classes, individually or jointly, to plan development.

  • Authorizes regulation via zoning, subdivision and land development ordinances, planned residential development (PRD) ordinances, traditional neighborhood development (TND) ordinances, official maps, and land reservations/acquisitions for public purposes.

  • Provides authority to establish planning commissions, planning departments, planning committees, and zoning hearing boards.

  • Grants power to charge fees, conduct inspections, hold public hearings, engage in mediation, create transferable development rights (TDRs), make appropriations, and impose penalties.

• Legislative Intent and Purposes:

  • Protect and promote public safety, health, and morals.

  • Accomplish coordinated development and guide land/structure use, streets, and public facilities.

  • Promote energy conservation through planning practices and effective utilization of renewable energy sources.

  • Preserve natural, cultural, and historic resources, as well as prime agricultural land.

  • Encourage adoption of municipal or joint municipal comprehensive plans generally consistent with county comprehensive plans.

  • Promote small business development and foster a business-friendly environment.

  • Ensure zoning ordinances are generally consistent with municipal comprehensive plans.

  • Encourage preservation of agricultural land through easements, TDRs, and rezoning.

  • Ensure zoning ordinances facilitate the present and future economic viability of existing agricultural operations and do not prevent necessary operational changes or expansions.

  • Encourage revitalization of established urban centers.

  • Specify that actions taken to protect open land, natural resources, forests, and woodlands shall not preclude access for forestry.

• Appropriations, Grants, and Gifts:

  • Municipal governing bodies are authorized to make appropriations, accept gifts, grants, or bequests from public or private sources, and enter into agreements regarding their utilization.

Key Statutory Definitions

• Agricultural Operation: An enterprise actively engaged in the commercial production and preparation for market of crops, livestock, and livestock products, and in the production, harvesting, and preparation for market or use of agricultural, agronomic, horticultural, silvicultural, and aquacultural crops and commodities. Includes enterprises implementing changes in production practices or crop/livestock types consistent with normal farming practices or technological developments.

• Applicant: A landowner or developer who has filed an application for development, including heirs, successors, and assigns.

• Application for Development: Every application (preliminary, tentative, or final) required prior to the start of construction or development, including building permits, subdivision plats/plans, or development plans.

• Appointing Authority: Mayor in cities; board of commissioners in counties; council in incorporated towns and boroughs; board of commissioners in townships of the first class; board of supervisors in townships of the second class.

• Authority: A body politic and corporate created pursuant to the Municipality Authorities Act of 1945.

• Center for Local Government Services: The Governor's Center for Local Government Services located within the Department of Community and Economic Development.

• City / Cities: Cities of the second class A and third class.

• Common Open Space: A parcel or area of land/water within a development site designed for the use or enjoyment of residents, excluding streets, off-street parking areas, and public facility areas.

• Conditional Use: A use permitted in a particular zoning district pursuant to Article VI.

• Consistency / General Consistency: Agreement or correspondence between compared matters denoting a reasonable, rational, similar connection or relationship.

• County Comprehensive Plan: A land use and growth management plan prepared by the county planning commission and adopted by county commissioners establishing broad goals and criteria for municipal plans and land use regulations.

• Designated Growth Area: A region described in a municipal or multimunicipal plan surrounding a city, borough, or village where residential/mixed-use development is planned at densities of $1$ unit per acre or more, commercial/industrial/institutional uses are planned, and public infrastructure services are provided or planned.

• Developer: Any landowner, agent, or tenant with permission who makes or causes a subdivision or land development.

• Development of Regional Significance and Impact: Any land development that, due to character, magnitude, or location, has substantial effects on the health, safety, or welfare of citizens in more than one municipality.

• Development Plan: Written and graphic provisions for development (including PRD, subdivision plat, covenants, building bulk/intensity, streets, parking, open space, public facilities).

• Forestry: Management of forests and timberlands in accordance with accepted silvicultural principles for commercial tree harvesting, which does not involve land development.

• Future Growth Area: An area outside of and adjacent to a designated growth area where development occurs at varying densities and future higher density is planned to accompany orderly extension of public infrastructure.

• Governing Body: Council in cities, boroughs, and incorporated towns; board of commissioners in townships of the first class; board of supervisors in townships of the second class; board of commissioners in counties of the second through eighth class.

• Land Development:

  • Improvement of one lot or contiguous lots for a group of two or more residential or nonresidential buildings, or a single nonresidential building on a lot regardless of occupants.

  • Division or allocation of land/space between two or more occupants via streets, common areas, leaseholds, condominiums, or building groups.

  • Subdivision of land.

  • Development governed by section 503(1.1).

• Landowner: Legal or beneficial owner(s) of land, option/contract holders, authorized lessees, or persons with proprietary interest.

• Lot: Designated parcel or tract of land established by plat or permitted by law to be used, developed, or built upon as a unit.

• Mediation: Voluntary negotiating process utilizing a mutually selected neutral mediator to settle disputes via a written agreement created by the parties.

• Minerals: Any aggregate mass of mineral matter (coherent or non-coherent), including limestone, dolomite, sand, gravel, rock, stone, earth, fill, slag, iron ore, zinc ore, vermiculite, clay, anthracite and bituminous coal, coal refuse, peat, crude oil, and natural gas.

• Mobilehome / Mobilehome Lot / Mobilehome Park:

  • Mobilehome: Transportable single-family dwelling for permanent occupancy, capable of being towed on wheels without a permanent foundation.

  • Mobilehome Lot: Parcel in a park improved with utility connections for one mobilehome.

  • Mobilehome Park: Parcel or contiguous parcels containing $2$ or more mobilehome lots.

• Multimunicipal Plan & Planning Agency: Plan adopted by contiguous municipalities; agency composed of representatives of multiple municipalities operating as a joint commission under Article XI.

• Municipal Engineer: Professional engineer licensed in Pennsylvania and appointed as engineer for a municipality or planning commission.

• Municipality: Any city of the second class A or third class, borough, incorporated town, township of the first or second class, county of second through eighth class, home rule municipality, or general-purpose unit created by the General Assembly.

• No-Impact Home-Based Business: Commercial activity secondary to residential use with no customer traffic, excess deliveries, or external visibility, meeting $8$ strict conditions:

  1. Compatible with residential surrounding uses.

  2. Employs no non-family resident employees.

  3. No retail display, sale, or substantial inventory stockpiling.

  4. No outside appearance (parking, signs, lights).

  5. Creates no noise, vibration, glare, fumes, odors, or electrical interference.

  6. Generates no excess solid waste or sewage beyond standard residential levels.

  7. Conducted exclusively inside dwelling, occupying max $25\%$ of habitable floor area.

  8. Involves no illegal activity.

• Nonconforming Lot / Structure / Use:

  • Lot: Area/dimension lawful prior to zoning ordinance enactment/amendment that fails to conform to new district requirements.

  • Structure: Structure noncompliant with use/extent provisions that existed lawfully prior to ordinance enactment, amendment, or annexation (includes signs).

  • Use: Use of land/structure noncompliant with zoning that existed lawfully prior to ordinance enactment, amendment, or annexation.

• Official Map: Map adopted by ordinance pursuant to Article IV.

• Planned Residential Development (PRD): Area controlled by a landowner to be developed as a single entity for dwelling units or mixed uses, where development plan does not correspond to standard single-district lot size, bulk, density, or open space regulations.

• Planning Agency: Planning commission, planning department, or planning committee of the governing body.

• Plat: Map or plan of a subdivision or land development (preliminary or final).

• Preservation or Protection: Conserving natural/historic resources from wasteful/destructive use without unreasonably restricting forestry, mining, or lawful resource extraction.

• Prime Agricultural Land: Land containing USDA Natural Resources Conservation Service soil classes $1$, $2$, or $3$.

• Public Grounds: Includes parks, playgrounds, trails, recreational areas, school sites, sewage treatment/refuse disposal sites, and scenic/historic sites.

• Public Hearing: Formal meeting held pursuant to public notice to obtain public comment prior to taking action.

• Public Infrastructure Area & Services:

  • Area: Designated growth area and portions of future growth areas where infrastructure is provided and outside of which public financing is not required.

  • Services: Sewer, water, parks, streets, sidewalks, and transit provided to areas with densities $\ge 1$ unit/acre. Excludes fire protection and emergency medical services (EMS).

• Public Notice: Notice published once each week for $2$ successive weeks in a newspaper of general circulation. First publication max $30$ days, second publication min $7$ days prior to hearing.

• Regional Planning Agency: Agency representing more than one county providing technical assistance, inter-county mediation, and comp plan consistency reviews.

• Renewable Energy Source: Rejuvenated natural processes including biomass conversion, geothermal, solar, wind, and hydroelectric energy (excludes fission/fusion).

• Rural Resource Area: Area where rural resource uses (agriculture, timbering, mining, forestry, recreation) are encouraged, compatible development is permitted, and public infrastructure is not provided except in villages.

• Specific Plan: Detailed plan for nonresidential development covering a comp plan area that supersedes all other applications once approved by ordinance.

• Subdivision: Division or redivision of a lot/tract into $2$ or more lots/parcels for lease, ownership transfer, or building development. Exemption: lease of land for agricultural purposes into parcels of more than $10$ acres involving no new street, easement, or residential dwelling.

• Substantially Completed: Completion of at least $90\%$ (based on improvement cost) of required improvements, as judged by the municipal engineer.

• Traditional Neighborhood Development (TND): Compact, pedestrian-oriented, mixed-use development with an identifiable center (park, square, plaza) and discernible edge (distance from center to edge approximately $\frac{1}{4}\text{ mile}$ to max $\frac{1}{2}\text{ mile}$).

• Transferable Development Rights (TDR): Severing development rights from designated preservation land and transferring them to designated receiving lands for higher density.

• Village: Unincorporated settlement in a township with residential/mixed-use densities $\ge 1$ unit/acre.

• Water Survey: Inventory of groundwater/surface-water sources, quantity, yield, and use.

• Article IX & X-A Definitions:

  • Board: Body granted jurisdiction under a land use ordinance or code to render final adjudications.

  • Decision: Final adjudication appealable to the court of common pleas.

  • Determination: Final administrative action by an officer/agency, excluding governing body, ZHB, or planning agency (unless granted final SALDO approval powers).

  • Report: Recommendatory writing by consultant/officer (excluding solicitor) to assist in decisions; must be open to public inspection.

Article II: Planning Agencies

• Creation and Structure:

  • Governing body may create or abolish, by ordinance, a planning commission, planning department, or both.

  • If both are created, the ordinance must specify the division of powers and duties.

  • In lieu of a commission or department, powers may be assigned to a planning committee of governing body members.

  • Engineering advisor: municipal engineer or appointed engineer.

  • Legal advisor: municipal solicitor or appointed attorney.

• Planning Commission Composition and Terms:

  • Membership: Minimum $3$ members, maximum $9$ members.

  • Compensation: Fixed by governing body, not to exceed rates paid to governing body members. Full reimbursement for necessary expenses allowed.

  • Term: $4$ years, staggered so that on commissions of $8$ or fewer members, max $2$ terms expire per year; on $9$-member commissions, max $3$ terms expire per year.

  • Vacancies: Filled by appointing authority for unexpired terms. Chairman must promptly notify authority of vacancies.

  • Size adjustments: Increases or reductions in membership must be enacted by ordinance. Reductions take effect as terms expire.

• Membership Qualifications and Proportions:

  • All members must be residents of the municipality.

  • Required proportion of citizen members (non-employees/officials of municipality):

  • $3$-member commission: minimum $2$ citizen members.

  • $4$ or $5$-member commission: minimum $3$ citizen members.

  • $6$ or $7$-member commission: minimum $5$ citizen members.

  • $8$ or $9$-member commission: minimum $6$ citizen members.

• Removal of Members:

  • Removal for malfeasance, misfeasance, nonfeasance, or just cause by majority vote of governing body.

  • Requires $15$ days advance written notice and a public hearing if requested in writing by the member.

• Conduct of Business:

  • Elect chairman and vice-chairman annually (officers may succeed themselves).

  • Adopt bylaws, rules, and regulations governing procedures.

  • Maintain full records of business and submit an annual report of activities to the governing body by March 1.

• Powers and Duties of Planning Agency (Section 209.1):

  • Mandatory upon request of governing body:

  • Prepare and present the comprehensive plan.

  • Maintain records of actions (records remain property of governing body).

  • Discretionary powers upon request:

  • Recommend adoption/amendments to official map.

  • Prepare and present zoning ordinance and amendments.

  • Prepare, recommend, and administer SALDO and PRD regulations.

  • Prepare building codes, housing codes, environmental studies, and capital improvement programs.

  • Prepare water surveys (consulting with public water suppliers, consistent with State Water Plan).

  • Promote public interest in planning and hold public hearings/meetings.

  • Present testimony before any board.

  • Enter upon land to make examinations/surveys (with owner consent).

  • Prepare renewable energy feasibility studies.

  • Review zoning, SALDO, and official maps no less frequently than comp plan reviews.

• Assistance and Intergovernmental Cooperation:

  • Appointing authority may employ administrative/technical staff or consultants.

  • County planning agencies may perform planning services for municipalities under contract.

  • Agencies may accept funds/grants from county, state, federal, or private sources.

  • May utilize intergovernmental cooperation authority under 53 Pa.C.S. §§ 2303(a) and 2315.

Article III: Comprehensive Plan

• Basic Required Elements (Section 301):

  • Statement of objectives concerning future development (timing, location, character).

  • Land use plan (residence, industry, business, agriculture, transit, utilities, floodplains, prime agricultural preservation).

  • Housing plan (present needs, anticipated growth, sound housing conservation, neighborhood rehabilitation, accommodating varied dwelling types/income levels).

  • Transportation plan (highways, streets, parking, bikeways, transit, airfields, rail).

  • Community facilities and utilities plan (schools, recreation, municipal buildings, water, sewage, waste, drainage).

  • Statement of interrelationships among components (environmental, fiscal, economic, energy, social impacts).

  • Short- and long-range implementation strategies.

  • Statement of compatibility with contiguous municipalities and general consistency with county comp plan.

  • Natural and historic resource protection plan (wetlands, aquifers, steep slopes, prime farmland; consistent with Clean Streams Law, Surface Mining Act, Nutrient Management Act, etc.).

  • Water supply plan element (reliable supply analysis, protection of sources, recognizing mineral extraction and agricultural water impacts).

• County Comprehensive Plan Requirements:

  • Identify land uses relative to natural resources and mineral utilization.

  • Identify regional impact uses (shopping centers, industrial parks, mines, airports, hospitals).

  • Plan for prime agricultural preservation and historic preservation.

  • Must be updated at least every $10$ years.

• Review and Submission Deadlines:

  • Review municipal comp plan at least every $10$ years.

  • Forward comp plan or amendments to county planning agency, contiguous municipalities, and school district at least $45$ days prior to public hearing.

  • Forward comp plan to Center for Local Government Services for informational purposes.

  • Non-compliant counties must adopt a comp plan within $3$ years of code enactment.

  • Municipalities agreeing to adopt plans consistent with county plans receive priority for state grants (max $25\%$ of grant funds under priority status; compliance required within $3$ years).

• Adoption Procedures (Section 302):

  • Planning agency must hold at least $1$ public meeting prior to forwarding plan to governing body.

  • Governing body must consider comments from county, adjacent municipalities, and school district ($45$-day comment window; failure to respond permits proceeding without comments).

  • Governing body holds at least $1$ public hearing pursuant to public notice. Substantial revisions require additional public notice and hearing.

  • Adoption by resolution requiring affirmative vote of a majority of all governing body members.

• Legal Status of Comprehensive Plan:

  • Within Municipality (Section 303): Mandatory referral to planning agency for recommendations on street changes, public structure demolition/construction, land use ordinance enactment/amendment, or utility extensions ($45$-day written review window).

  • Non-invalidity Clause: Action of a governing body shall NOT be declared invalid or subject to challenge on grounds of inconsistency with the comp plan.

  • Legal Status of County Plan (Section 304): Municipalities must submit street, public structure, ordinance, or utility actions to county planning agency ($45$-day recommendation window).

  • School District Actions (Section 305): School district must submit facility construction, demolition, or land sale/lease to municipal/county planning agencies $45$ days prior to execution.

• State Land Use and Growth Management Report:

  • Center for Local Government Services must issue report by 2005 and update it every $5$ years.

Article IV: Official Map

• Grant of Power and Contents (Section 401):

  • Governing body may adopt an official map showing location of existing/proposed public streets, watercourses, public grounds, parks, pedestrian ways, transit rights-of-way, flood control/drainage easements, and public utility support facilities.

  • Property identification via aerial photography, land records, or photogrammetric mapping. Land acquisition requires metes and bounds descriptions sealed by a licensed surveyor.

• Adoption Procedures (Section 402):

  • Mandatory referral to planning agency ($45$-day review window).

  • Referral to county and adjacent municipalities for $45$-day comment period.

  • Public hearing held pursuant to public notice.

  • Verified copy submitted to county recorder of deeds within $60$ days of effective date.

• Effect of Approved Plats & Mapping (Sections 403 & 404):

  • Approved final subdivision plats recorded under the act automatically amend the official map without additional notice or hearing.

  • Adoption of official map does NOT constitute opening, taking, or acceptance of land, nor obligate municipality to maintain streets/grounds.

• Buildings in Mapped Streets / Ground Reservations (Sections 405 & 406):

  • No permit issued for building within lines of mapped streets/watercourses/public grounds. No damages recoverable for unlawful building removal.

  • Special Encroachment Permits: Granted by governing body if property yields no reasonable return. Requires $30$-day planning agency review and public hearing. Refusals appealable to ZHB.

  • Time Limits on Reservations: Reservations for public grounds lapse and become void $1\text{ year}$ after written notice of intent to build/subdivide or permit application, unless municipality acquires land or initiates condemnation proceedings.

• County Official Map Supremacy (Section 408):

  • County official map governs county streets and public facilities even within municipalities possessing local official maps.

  • Municipal official map adoption repeals county map pro tanto for municipal lands/watercourses.

Article V: Subdivision and Land Development (SALDO)

• Jurisdiction and Enactment:

  • Municipal SALDO repeals county SALDO pro tanto within the municipality.

  • Municipalities must send applications to county planning agency for review ($30$-day review window and fee required prior to municipal approval).

  • Enactment/amendments require public hearing pursuant to public notice (newspaper publication max $60$ days, min $7$ days prior to passage; full text or solicitor summary; copy to county law library).

  • Copy of enacted SALDO forwarded to county planning agency within $30$ days.

• SALDO Contents and Review Fees (Section 503):

  • Standard criteria for processing plats, street layout, grading, curbs, gutters, street lights, fire hydrants, water lines, and sanitary/storm sewers.

  • Review fees must be based on published schedule matching standard engineering consultant rates. Applicant fee disputes:

  • Applicant notifies municipality of dispute within $14$ days of bill receipt.

  • Dispute resolution follows Section 510(g) professional engineer panel process.

  • Discretionary exclusion of land development definition: single-family conversion into max $3$ non-condo residential units; accessory/farm buildings; amusement park ride additions.

  • Mandatory Water Supply provision (Section 503.1): Proof of service by certificated public utility, cooperative association, or municipal authority required.

• Public Recreation Land Dedication / Fees in Lieu:

  • Requires formally adopted recreation plan.

  • Dedicated land or fees-in-lieu must bear reasonable relationship to future population.

  • Fees deposited in interest-bearing account solely for specific recreational facilities.

  • Refund requirement: Municipality must refund fee plus interest if construction not initiated within $3$ years of payment.

• Plat Approval Process (Section 508):

  • Decision window: Maximum $90$ days following the date of the regular meeting of the governing body/agency next following application filing date.

  • If next regular meeting occurs more than $30$ days after filing, the $90$-day period is measured from the $30\text{th day}$ after filing.

  • Decision must be in writing, communicated personally or mailed to applicant max $15$ days after decision.

  • Denial must specify defects, describe unmet requirements, and cite specific statutory/ordinance provisions.

  • Failure to act or communicate decision within time limits constitutes deemed approval.

• Statutory Protections Against Ordinance Changes:

  • Approval protections run for $5$ years from preliminary approval date.

  • Extension of $5$-year period granted for duration of litigation, sewer/water moratoria, or utility prohibitions.

  • Substantial completion of improvements ($\ge 90\%$) secures protection against ordinance modifications regarding density, layout, or utility location.

  • Phased developments ($>5$ years): Applicant submits section schedule updated annually. Each residential section (except last) must contain min $25\%$ of total dwelling units. Each section gets additional $3$-year protection window upon final plat approval.

• Highway Occupancy Permits (Section 508(6)):

  • Plat requiring access to state highway must contain notice that PennDOT highway occupancy permit is required.

  • PennDOT action window: $60$ days to approve, deny, return for corrections, or confirm no permit required; failure to act results in deemed permit issuance.

• Financial Security for Improvements (Section 509):

  • Amount: Equal to $110\%$ of estimated cost of completion as of $90$ days following scheduled completion date.

  • Security types: Irrevocable letters of credit, escrow accounts in chartered lending institutions, or bonding company bonds.

  • Cost estimate certified by licensed professional engineer. Municipality engineer review; disputes settled by mutually chosen third engineer (costs split $50/50$).

  • Multi-year projects: Security increased by additional $10\%$ for each year beyond first anniversary date.

  • Partial release of funds: Governing body has $45$ days from written request and municipal engineer certification to authorize release. Retention of $10\%$ allowed prior to final completion.

  • Structural integrity security upon dedication: Term max $18$ months; amount max $15\%$ of actual installation cost.

• Release from Bond and Fee Disputes (Section 510):

  • Developer written notice of completion via registered/certified mail to governing body and engineer.

  • Engineer inspection within $10$ days; written detailed report filed within $30$ days of authorization.

  • Governing body notification to developer within $15$ days of report receipt. Failure to comply deemed approval.

  • Inspection fee dispute resolution:

  • Developer notifies municipality within $10$ working days of billing date.

  • If unresolved within $20$ days, parties select independent engineer (or President Judge of Court of Common Pleas appoints non-conflicted engineer).

  • Independent engineer decides within $50$ days. Fee payment: applicant pays if bill upheld; municipality pays if bill reduced by $\$1,000$ or more; split $50/50$ otherwise.

• Preventive Remedies and Penalties:

  • District justices have initial jurisdiction for civil enforcement.

  • Judgment fine: Maximum $\$500$ plus court costs and reasonable attorney fees per day of violation.

  • Good faith exception: Default judgment capped as single violation until $5\text{th day}$ post-determination.

  • Court of common pleas may grant stay tolling per diem fine pending appeal.

Article V-A: Municipal Capital Improvement (Impact Fees)

• Prerequisites and Statutory Authority:

  • Available only to non-county municipalities possessing a comp plan, SALDO, and zoning ordinance.

  • Impact fees generated solely for offsite transportation capital improvements necessitated by new development.

• Key Definitions:

  • Affordable Housing: Rents or mortgage payments (including taxes/insurance) not exceeding $30\%$ of maximum adjusted gross annual income for low-to-moderate-income households.

  • Low- to Moderate-Income Persons: Total adjusted gross household income $<100\%$ of median income for MSA or county.

  • Existing Deficiencies: Roads operating below municipal preferred level of service (LOS).

  • Transportation Service Area: Geographically defined area max $7\text{ square miles}$ ($18.1\text{ km}^2$).

• Allowed and Prohibited Fee Uses:

  • Allowed: Offsite road capital improvements (life expectancy $\ge 3$ years), land/ROW acquisition, engineering, legal/planning, debt service.

  • Prohibited: Municipal building construction/repair, maintenance, updating existing deficiencies, or study preparation (except max proportionate share of roadway sufficiency analysis).

  • Max $50\%$ of improvement costs for state highways allowed in plan.

• Impact Fee Advisory Committee (Section 504-A):

  • Created by municipal resolution. Size: $7$ to $15$ members (uncompensated).

  • Minimum $40\%$ of members must represent real estate, commercial/residential building industries.

  • Planning commission may serve if augmented by ad hoc building industry members to reach $40\%$ threshold.

  • Challenges to committee composition barred $90$ days after first public meeting.

• Plan Preparation Sequence:

  1. Land Use Assumptions: Projections for min $5$ years. Mandatory public hearing; forward to county, contiguous municipalities, and school district $30$ days prior.

  2. Roadway Sufficiency Analysis: Commission traffic engineer/planner. Establish existing traffic volume/LOS, identify preferred LOS (TRB or ITE standards), establish existing deficiencies, project pass-through traffic.

  3. Transportation Capital Improvements Plan: Delineate service areas, specify road improvements, projected costs, timetable, funding sources. Public hearing after $10$ working days public inspection notice. Annual reviews permitted.

• Calculation, Collection, and Refunds (Section 505-A):

  • Calculation formula:     $\text{Per-Trip Cost} = \frac{\text{Total Costs Attributable to New Development}}{\text{Total Anticipated Peak-Hour Trips}}$

  • Trips calculated per Institute of Transportation Engineers (ITE) Trip Generation Manual.

  • Fee payable at time of building permit issuance.

  • Retroactive fee collection: Max $18$ months retroactivity to committee resolution date; fee capped at max $\$1,000$ per peak-hour trip prior to ordinance adoption.

  • Refunds required (plus accrued interest):

  • Failure to commence road construction within $3$ years of scheduled date.

  • Actual project costs $<95\%$ of budgeted cost (pro rata refund of difference).

  • Building permit expiration/cancellation or termination of comp plan.

• Large Developments ($\ge 1,000$ Peak Trips):

  • Municipalities may require special traffic impact study outside service area if development traffic adds $\ge 10\%$ volume and $\ge 100$ peak trips to outside roads; developer must mitigate impacts to preserve pre-development conditions.

• Appeals:

  • Filed with Court of Common Pleas; court may appoint a master to hear testimony.

Article VI: Zoning

• General Powers and Requirements:

  • Municipal zoning repeals county zoning pro tanto.

  • County planning commission offers mediation for contiguous municipal zoning disputes.

  • Ordinance text/map must cover entire municipality (no area left unzoned).

  • Strictly construed in favor of property owner where language doubt exists (Section 603.1).

• Scope of Regulations and Mandatory Provisions:

  • Regulate land/water uses, building height/bulk/location, density, population, natural/historic resource protection.

  • Mandatory provisions: allow no-impact home-based businesses by right in all residential districts; allow forestry by right in all zoning districts; protect prime farmland; encourage agricultural operational viability.

  • Conditional uses granted by governing body; special exceptions granted by ZHB; TDR provisions authorized on voluntary basis.

  • Restrictions on religious symbol displays prohibited.

  • Protection of mineral extraction and commercial agriculture (harmony with Nutrient Management Act, Right to Farm Act, Agricultural Area Security Law).

• Enactment and Amendment Procedures (Sections 607–609):

  • Mandatory referral to county planning agency at least $45$ days prior to local hearing for new ordinance, or $30$ days prior for amendments.

  • Public notice and hearing requirements:

  • Voting must occur within $90$ days after final public hearing.

  • Copy filed with county planning agency within $30$ days of enactment.

  • Zoning map amendments require tract posting at least $1\text{ week}$ prior to hearing.

  • First-class mail notice to affected property owners sent at least $30$ days prior to hearing (unless comprehensive rezoning).

• Water Service Expansion Notification (Section 608.1):

  • Municipal authorities or water companies extending mains to unapproved developments must send certified mail notice to municipality for comment on comp plan consistency.

• Landowner Curative Amendments (Section 609.1):

  • Landowner substantive challenge submitted to governing body with proposed amendment and plans.

  • Hearing commenced within $60$ days of request.

  • Specific hearing timeline rules (Section 609.1(b)(1.2)):

  • First hearing within $60$ days; subsequent hearings within $45$ days.

  • Applicant case-in-chief completed within $100$ days (minimum $7\text{ hours}$ of hearing time if requested).

  • Opposers get $100$ days following case-in-chief.

  • Governing body considers $5$ evaluation criteria (infrastructure, housing needs, site suitability, environmental impact, agriculture).

  • Judicial invalidation restricted to challenged provisions only.

• Municipal Curative Amendments (Section 609.2):

  • Declaration of invalidity via formal action; specific findings within $30$ days; enactment of curative amendment within $180$ days.

  • $36$-month moratorium on re-using procedure following enactment.

• Zoning Officer and Enforcement (Sections 614–617.2):

  • Zoning officer cannot hold elective office; must demonstrate literal administration.

  • Enforcement notice sent to owner of record stating violation details, compliance dates, and appeal rights.

  • District justices have initial jurisdiction for enforcement remedies.

  • Penalty: Max $\$500$ fine plus costs and attorney fees per day. Stay of fine obtainable from Court of Common Pleas.

• Transferable Development Rights (TDR) (Section 619.1):

  • TDR created as a separate estate in land, severable and separately conveyable via recorded deed.

  • Deed requires governing body approval endorsed within max $60$ days prior to recording.

• Methadone Treatment Facilities (Section 621):

  • Prohibited within $500\text{ feet}$ of school, park, playground, church, childcare center, or residential housing area.

  • Exception: Permitted if municipal governing body approves by majority vote following public hearing with $30$ days written notice to real property owners within $500\text{ feet}$.

  • Exempts facilities licensed prior to May 15, 1999.

Article VII: Planned Residential Development (PRD)

• Purposes and Grant of Power:

  • Flexibility from rigid single-lot zoning; encourage innovative housing design, open space conservation, and development efficiency.

  • Governed by PRD provisions in zoning ordinance; administered by governing body or designated planning agency.

• Standards and Conditions (Section 705):

  • Specify permitted residential dwelling types and nonresidential uses.

  • Flexibility in density variations across development stages.

  • Open Space Requirements: Organization established for ownership/maintenance. Municipal entry upon open space permitted if maintenance deficiencies uncorrected $30$ days after written notice (hearing held within $14$ days of notice). Municipal maintenance lasts $1\text{ year}$; costs assessed ratably as a property lien.

• Application and Hearing Process (Sections 707–711):

  • Tentative Approval Application: Contains site topography, land use density, open space organization, building height/bulk, water/sewage feasibility, energy plans, and section schedules.

  • Public Hearing: Held within $60$ days of application filing; concluded within $60$ days of first hearing date.

  • Findings / Decision: Written communication issued within $60$ days post-hearing or $180$ days post-filing, whichever is first. Deemed approval on failure to act.

  • Decision criteria: Comp plan consistency, departure from zoning, open space adequacy, traffic control, design amenity, neighborhood impact.

  • Landowner has $30$ days to accept/refuse conditions; refusal converts grant to denial.

  • Status of Tentative Approval: Adopts zoning map amendment; does not allow recording or building construction.

  • Final Approval Application: Filed with designated official. Decision window: $45$ days from regular meeting date next following filing (or $45$ days from $30\text{th day}$ post-filing). Refusal due to variations allows landowner to refile or request public hearing.

  • Approved final plan recorded in office of recorder of deeds prior to development.

• Penalties and Compliance Window:

  • Penalties: Max $\$500$ per day civil enforcement.

  • Existing PRD ordinances had $5$ years from act effective date to comply.

Article VII-A: Traditional Neighborhood Development (TND)

• Objectives and Scope:

  • Pedestrian-oriented compact development with mixed uses, centrally located public square/park/plaza, intermingled daily activities, and varied housing options.

  • Discernible center and edge: Recommended distance from center to edge is $\approx \frac{1}{4}\text{ mile}$ ($402\text{ m}$) to max $\frac{1}{2}\text{ mile}$ ($805\text{ m}$).

• Development Forms:

  1. New development (overlay zone).

  2. Outgrowth or extension of existing development (overlay or outright designation).

  3. Urban infill.

  4. Any combination thereof.

• Design Standards (Section 706-A):

  • Open Space: Parks distributed throughout, plus central public square/commons.

  • Topography & Buildings: Work with natural topography; zoning changes occur at mid-block; structures placed close to street (at $\le \frac{1}{4}$ lot width); front porches or covered entryways required.

  • Streets & Parking: Rectilinear/grid street network; sidewalks on both sides; on-street parking encouraged; off-street parking lots located behind or to side of buildings.

  • Garages: Lots $<50\text{ feet}$ wide served by rear alleys; front-loaded garages set back min $20\text{ feet}$ behind front house facade or turned.

  • Densities: Highest dwelling density and commercial uses located at neighborhood center.

• Administrative Tools:

  • Optional informal Sketch Plan presentation.

  • Manual of Written and Graphic Design Guidelines adopted by ordinance.

  • Full protection for agricultural operations preserved.

Article VIII-A: Joint Municipal Zoning

• General Authority and Requirements:

  • Enacted by cooperating municipalities based on an adopted joint municipal comprehensive plan.

  • Prepared by a joint municipal planning commission.

  • Enactment immediately repeals individual municipal or county zoning pro tanto.

  • No area of participating municipalities left unzoned.

• Withdrawal Restrictions:

  • Municipalities barred from withdrawing or repealing joint ordinance during the first $3$ years following enactment.

  • Withdrawal process after year $2$: Requires enactment of repealing ordinance providing min $1\text{ year}$ advance written notice to all parties (unanimous agreement permits earlier withdrawal).

• Amendments and Curative Amendments:

  • Ordinance amendments require approval by ALL participating municipalities.

  • Curative amendments filed in municipality where land is situated; cannot be enacted without approval of all participating municipalities.

  • Challenges judged against the entire joint geographic area of jurisdiction, not just single constituent municipality.

  • Joint Municipal Curative Amendments: Enactment window is $9$ months for $2$ or $3$ municipalities; extended by $1$ additional month per municipality over $3$, up to max $1\text{ year}$ total.

• Administration:

  • Municipalities may create a Joint Zoning Hearing Board or retain individual municipal ZHBs.

  • May appoint a single joint zoning officer or individual municipal zoning officers.

Article IX: Zoning Hearing Board and Administrative Proceedings

• Board Structure and Composition:

  • Mandatory creation of ZHB in every municipality enacting a zoning ordinance.

  • Membership: Either $3$ or $5$ residents appointed by resolution for staggered $3$ or $5$ year terms. Hold no other municipal office.

  • Alternates: $1$ to $3$ alternate members appointed for $3$-year terms.

  • Joint ZHBs: $2$ members appointed from each participating municipality for $5$-year terms.

  • Removal: Majority vote of governing body for cause, following $15$ days advance notice and hearing.

• Hearing Procedures (Section 908):

  • Public notice + written notice + posting on affected tract at least $1\text{ week}$ prior.

  • Timelines:

  • First hearing commenced within $60$ days of application receipt.

  • Subsequent hearings held within $45$ days of prior hearing.

  • Applicant case-in-chief completed within $100$ days (minimum $7\text{ hours}$ hearing time upon request).

  • Opposers completed within $100$ days following case-in-chief.

  • Presiding officer: ZHB or designated independent hearing officer.

  • Stenographic costs: Appearance fee split $50/50$ between applicant and board. Transcript paid by ordering or appealing party.

  • Ex parte communications strictly prohibited.

  • Decision Timeline: Written decision issued within $45$ days after last hearing. Failure to meet timeline or hearing rules results in deemed approval (public notice given within $10$ days by board or applicant).

• Mediation Option (Section 908.1):

  • Voluntary process; ZHB prohibited from initiating or participating as a party. Written agreement required.

• Board Jurisdiction (Section 909.1(a)):

  • Exclusive ZHB Jurisdiction: Substantive ordinance challenges (except curative); procedural challenge appeals (filed within $30$ days of effective date); appeals from zoning officer decisions (permits, cease & desist, nonconforming uses); flood plain determinations; variances; special exceptions; TDR/density administration appeals; non-SALDO erosion/sedimentation appeals.

• Governing Body / Planning Agency Jurisdiction (Section 909.1(b)):

  • Exclusive Governing Body Jurisdiction: PRD applications; SALDO applications; conditional uses; landowner curative amendments; land use ordinance amendment petitions; SALDO-related sedimentation/erosion appeals; official map special encroachment permits.

• Variance Criteria (Section 910.2):

  • Board may grant variance if ALL $5$ findings are made:

  1. Unique physical circumstances/peculiar conditions creating unnecessary hardship.

  2. No possibility of developing property in strict conformity with zoning.

  3. Hardship not created by applicant.

  4. Will not alter essential character of neighborhood or impair adjacent property.

  5. Represents minimum variance affording relief.

• Conditional Uses and Special Exceptions:

  • Decided pursuant to express standards and criteria. Conditional use decisions issued within $45$ days of last hearing.

• Time Limits and Appeals:

  • Aggrieved party appeals filed within $30$ days of development approval or adverse determination.

  • Stay of Proceedings (Section 915.1): Mandatory stay upon filing appeal. Developer may petition court for frivolous appeal bond; court holds hearing to determine if appeal is frivolous.

• Substantive Validity Challenges (Section 916.1):

  • Multimunicipal plan protection: ZHB or governing body must consider availability of uses across all participating municipalities in a reasonable geographic area.

  • Landowner restricted from filing second substantive challenge on same parcel until first is resolved.

  • Post-approval protection: Developer has $2$ years to file SALDO/PRD plans, or $1\text{ year}$ to apply for building permit if no SALDO required.

• Preliminary Opinion Procedure (Section 916.2):

  • Landowner submits plan to zoning officer for preliminary opinion. Favorable opinion published twice in newspaper; $30$-day challenge clock runs from second publication date.

• Applicability of Ordinance Amendments (Section 917):

  • Pending special exception or conditional use applications protected from adverse zoning changes; applicant gets $6\text{ months}$ post-approval to submit SALDO plans under original regulations.

Articles X-A, XI, and XII: Appeals, Intergovernmental Cooperation, and Repeals

• Article X-A: Appeals to Court:

  • Exclusive mode for judicial review. Taken to Court of Common Pleas of judicial district where land is located.

  • Appeal notice filed within $30$ days of decision entry or deemed decision notice.

  • Prothonotary issues writ of certiorari commanding board/agency to certify record within $20$ days.

  • Third-party appellants must serve copy on landowner within $7$ days.

  • Stay of proceedings obtainable via petition. Frivolous appeal bond petition procedure applies.

  • Intervention permitted as of course within $30$ days for municipality and property owners directly involved.

  • Hearing & Relief (Section 1005-A & 1006-A): Court may take additional evidence or appoint referee. Court may invalidate/modify ordinance or order definitive relief on preliminary/sketch plans. Must consider regional use availability in multimunicipal plan areas. Must provide for reasonable coal mining activities.

• Article XI: Intergovernmental Cooperative Planning:

  • Establishes $12$ statutory purposes (coordinated growth, farmland protection, growth burden sharing, affordable housing, infrastructure efficiency).

  • Intergovernmental agreements executed pursuant to 53 Pa.C.S. Ch. 23 Subch. A (excluding initiative/referendum).

  • Comprehensive Plan elements: Designated growth areas ($\ge 1$ unit/acre density), future growth areas, rural resource areas.

  • Implementation Agreements: Establish consistency mechanisms, regional impact development review, yearly reporting, tax revenue sharing, regional TDR programs.

  • Specific Plans (Section 1106): Nonresidential area plans specifying infrastructure, zoning, SALDO, and financing. SALDO applicants submit final plan only. Municipalities barred from assessing plan costs against applicants.

• Article XII: Repeals:

  • Specific repeals of older planning/zoning provisions in The Borough Code, The First Class Township Code, The Third Class City Code, The Second Class Township Code, The County Code, and Second Class County Code.

  • General repeal of all inconsistent acts.

  • Expressly preserves Public Utility Code (66 Pa.C.S. Pt. I), Condominium Law (68 Pa.C.S. Pt. II Subpt. B), and Department of Transportation (PennDOT) laws.