| |
Pennsylvania Municipalities
Planning Code
Quick Guide
Intergovernmental Cooperative Planning and Implementation Agreements (Article XI)
| Powers and purpose
1101, 1102 |
- The governing bodies of municipalities (including counties) may enter into intergovernmental cooperative agreements in accord with PA law to develop, adopt, and implement a comprehensive plan
- Plan can cover a county, areas within a county, or areas with municipalities in more than one county
- Agreements may also involve authorities and special districts providing water, sewer, transportation, or other services within the area of the plan
|
| County or multimunicipal comprehensive plans
1103 |
- A cooperative comprehensive plan may be developed by the participating municipalities or, at their request, by the county planning agency(ies).
- A cooperative comprehensive plan shall:
- Include all elements required or authorized in 301
- Include a public participation process for broad input prior to required public hearings
- A cooperative comprehensive plan may:
- Designate growth areas to accommodate 20 years’ projected development of residential and mixed uses at 1+ unit per acre and of commercial and industrial development to meet economic needs, plus services for such development
- Designate potential future growth areas for orderly future extension of development and services
- Designate rural resource areas, if applicable, for rural resources and compatible development
- Plan for accommodation of all categories of uses within the area of the plan and not necessarily within each municipality
- Plan for developments of area wide significance
- Plan for conservation and enhancement of natural, scenic, historic, and aesthetic resources
- Adoption of the plan or amendments must conform to Section 302, and may be reflected on the official map of participating municipalities pursuant to Section 401
|
| Implementation agreements
1104 |
- Municipalities and counties have authority to enter into intergovernmental cooperative agreements to implement multimunicipal comprehensive plans
- Cooperative implementation agreements shall:
- Establish a process to achieve general consistency between the plan and zoning ordinances, subdivision and land development ordinances, and capital improvement plans in participating municipalities, including adoption of conforming ordinances within 2 years and a mechanism for dispute resolution
- Establish a process for review and approval of developments of regional significance and impact, provided that subdivision and land development approval shall be exercised by the municipality in which the development is located
- Establish implementation responsibilities of each municipality including infrastructure and affordable housing
- Require exchange of a yearly annual report between the participating municipalities and the county planning agency
- Describe other agreed duties and responsibilities
- Cooperative implementation agreements may:
- Designate growth areas, future growth areas, and rural resources areas, and provide a process for amending the plan and redefining said areas
- The county may facilitate negotiation of agreements between municipalities, authorities, utilities, etc. for provision of public infrastructure and services recommended in a multimunicipal comprehensive plan
|
| Legal effect
1105 |
- Where municipalities have an adopted cooperative comprehensive plan, cooperative implementation agreement, and conforming ordinances:
- The zoning hearing board and court shall consider availability of zoned uses across all participating municipalities in judging zoning challenges
- State agencies shall consider and rely upon the plan and ordinances for funding or permitting of infrastructure or facilities
- State agencies shall consider and give priority to funding and technical assistance for projects consistent with the plan
- Municipalities participating in agreements to implement a cooperative comprehensive plan have powers to:
- Provide for sharing of tax revenues and fees
- Adopt a transfer of development rights program that allows development rights to be transferred from a rural resource area in one municipality to a designated growth area in another municipality
|
| Specific plans
1106 |
- Participating municipalities have authority to adopt a specific plan for any nonresidential part of the plan area
- Specific plan shall include text, diagram(s), and implementing ordinances which specify all of:
- Location, standards, and design for land uses, water, sewer, transportation, and other essential facilities
- Standards for population density & building intensity
- Standards for preservation & use of natural resources
- A program of financing for capital improvements and implementing regulations (zoning, subdivision, etc.); ordinances may be amended into existing ordinances or enacted separately, in which case they repeal ordinances in effect in the area of the specific plan
- Adoption of a specific plan shall follow MPC adoption procedures for comprehensive plans and ordinances
- Capital projects and development plans may be approved only if consistent with the adopted specific plan
- Within a specific plan area, only final plan application & approval is required for subdivision or land development
|
|