1. Pennsylvania Municipalities Planning Code - MPC State enabling legislation for all municipalities except Pittsburgh and Philadelphia Newly Elected Officials Course February 9, 2008 Ray Reaves, Consultant

2. Except for counties, planning is voluntary. However if you choose to plan the MPC is the guide.

3. Key Provisions of the MPC  Establish a planning agency  Comprehensive Plan  Subdivision and Land Development – SALDO  Zoning  Multimunicipal Zoning  Exceptions  Other provisions

4. Planning Agency This can be:  A planning commission  A planning department  A planning committee appointed by the elected officials

5. Planning Agency The need for professionalism. Options:  Each municipality hires planners  Cooperative arrangement among several municipalities  Contract with the county for staff services  NOT your engineer. Regardless of the approach the municipality’s elected officials retain the final decision making authority.

6. Comprehensive Plan  The opportunity to think about all of the inter-related elements of a community’s life at one time.  The MPC requires some elements such as land use, transportation, housing, infrastructure.  However, the plan can be as broad as you wish.  Not a law, simply a guide.

7. Sustainability  It is strongly recommended that all plan recommendations and ordinance provisions be subject to examination from a sustainability view.  For example, is auto use encouraged or discouraged? Are there provisions for alternative energy supplies? Do setbacks encourage a sense of community? Are complete streets required?  Re-visit, at least briefly, the comprehensive plan every year.

8. Comprehensive Plan A caution!  Too often a comp plan is mainly a recitation of history and existing conditions. Easy and cheap for the consultant.  Instead, make sure your consultant will spend the great majority of time and cost helping you (the broad range of stakeholders in the community) think about the future – i.e. a plan.

9. Implementation  The following discussion focuses on the means of implementing the comprehensive plan.

10. Official Map  A means to reserve private land for public use.  No obligation to purchase the land.  However, if a land owner submits a written notice of intent to use the land, the municipal reservation lapses after one year. At that point the municipality may buy the land or the owner may proceed.

11. Subdivision and Land Development Ordinance  Subdivision is the creation of parcels.  Land Development addresses the details of a proposed development such as street widths, curbs and gutters, water and sewer lines, energy conservation, and dedication of land for public use.  Must be submitted to county for review and comment.

12. Municipal Capital Improvement – aka Transportation Impact Fees  A means to require developers to pay a portion of some improvements to the road system required by the impacts of their development.  A complex process useful if you have a professional staff and face substantial development pressure.

13. Zoning Ordinance  Euclidean Zoning vs. mixed use or neo- traditional zoning.  Zoning deals with: -uses of land -size, height, bulk, maintenance and removal of structures -density and intensity -preservation of ag land, and natural and historic resources.

14. Zoning Ordinance  Note that the zoning ordinance must provide for all lawful uses within the municipality (or planning area – see later)  “When a county adopts a comp plan and municipalities have adopted comp plans and a (consistent) zoning ordinance, state agencies shall consider and may rely (on them) when reviewing applications for funding and permitting.”

15. Unified Development Ordinance A strong recommendation:  Consider a unified development ordinance.

16. Intergovernmental Cooperative Planning and Implementation Agreements; aka multimunicipal planning  Year 2000 amendments.  Nothing to do with mergers.  Municipalities may retain and administer their own zoning and SALDO ordinances.

17. Two steps  Creating the multimunicipal comprehensive plan  Implementing the multimunicipal comprehensive plan  Both steps require an Intergovernmental Cooperative Agreement.

18. Plan Creation  LUPTAP and LGA funding assistance.  May designate growth areas, future growth areas and rural resource areas.  Allocation of all lawful uses within the total planning area.  Provisions for developments of area wide significance and impact.

19. Implementation Implementation Agreements  Oversee consistency of plans and ordinances  Establish a process for review and approval of developments of regional significance and impact  Establish responsibilities of participating municipalities for plan implementation.

20. Exceptions  Amendments to the zoning and SALDO ordinances – by the elected body  Conditional Uses – by the elected body  Variances and special uses – by the Zoning Hearing Board

21. Special Provisions  Planned Residential Developments  Traditional Neighborhood Developments  Specific Plans  Tax Base Sharing  Transfer of Development Rights

22. Questions Ray Reaves 412/422-7877rayreaves@gmail.com

23. Tax Base/Revenue Sharing Purposes:  Regional competitiveness – school equalization and more focused public investments  Fiscal disparities  Compensation for impacts  Reward for not competing

24. Issues in designing a program What should be shared?  What taxes? Real estate? Earned income?  Non-residential or all?  Base year or all?

25. Issues continued… How much should be shared?  10% ?  40% ?  other ?

26. Issues continued… What should be included in the distribution formula?  Tax Capacity?  Population?  Real property value?  Poverty rate?  Costs of servicing unique uses?

27. Transfer of Development Rights  Can help conserve farms and other open space  Can help keep existing towns vital  Requires a demand for development