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PENNSYLVANIA STATUTES
TITLE 53. MUNICIPAL AND QUASI-MUNICIPAL CORPORATIONS
PART I. GENERAL MUNICIPAL LAW
CHAPTER 30. PENNSYLVANIA MUNICIPALITIES PLANNING CODE
ARTICLE III. COMPREHENSIVE PLAN
Date:
08/31/2009
Document:
§ 10301. Preparation of comprehensive plan
(a) The municipal, multimunicipal or county comprehensive plan, consisting of maps, charts and textual matter, shall include, but need not be limited to, the following related basic elements:
(1) A statement of objectives of the municipality concerning its future
development, including, but not limited to, the location, character and
timing of future development, that may also serve as a statement of
community development objectives as provided in section 606
(2) A plan for land use, which may include provisions for the amount,
intensity, character and timing of land use proposed for residence,
industry, business, agriculture, major traffic and transit facilities,
utilities, community facilities, public grounds, parks and recreation,
preservation of prime agricultural lands, flood plains and other areas
of special hazards and other similar uses.
(2.1) A plan to meet the housing needs of present residents and of
those individuals and families anticipated to reside in the
municipality, which may include conservation of presently sound
housing, rehabilitation of housing in declining neighborhoods and the
accommodation of expected new housing in different dwelling types and
at appropriate densities for households of all income levels.
(3) A plan for movement of people and goods, which may include
expressways, highways, local street systems, parking facilities,
pedestrian and bikeway systems, public transit routes, terminals,
airfields, port facilities, railroad facilities and other similar
facilities or uses.
(4) A plan for community facilities and utilities, which may include
public and private education, recreation, municipal buildings, fire and
police stations, libraries, hospitals, water supply and distribution,
sewerage and waste treatment, solid waste management, storm drainage,
and flood plain management, utility corridors and associated
facilities, and other similar facilities or uses.
(4.1) A statement of the interrelationships among the various plan
components, which may include an estimate of the environmental, energy
conservation, fiscal, economic development and social consequences on
the municipality.
(4.2) A discussion of short- and long-range plan implementation
strategies, which may include implications for capital improvements
programming, new or updated development regulations, and identification
of public funds potentially available.
(5) A statement indicating that the existing and proposed development
of the municipality is compatible with the existing and proposed
development and plans in contiguous portions of neighboring
municipalities, or a statement indicating measures which have been
taken to provide buffers or other transitional devices between
disparate uses, and a statement indicating that the existing and
proposed development of the municipality is generally consistent with
the objectives and plans of the county comprehensive plan.
(6) A plan for the protection of natural and historic resources to the
extent not preempted by Federal or State law. This clause includes,
but is not limited to, wetlands and aquifer recharge zones, woodlands,
steep slopes, prime agricultural land, flood plains, unique natural
areas and historic sites. The plan shall be consistent with and may
not exceed those requirements imposed under the following:
(i) act of June 22, 1937 (P.L. 1987, No. 394), known as "The Clean
Streams Law";
(ii) act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface
Mining Conservation and Reclamation Act";
(iii) act of April 27, 1966 (1st Sp.Sess., P.L. 31, No. 1), known as
"The Bituminous Mine Subsidence and Land Conservation Act";
(iv) act of September 24, 1968 (P.L. 1040, No. 318), known as the
"Coal Refuse Disposal Control Act";
(v) act of December 19, 1984 (P.L. 1140, No. 223), known as the "Oil
and Gas Act";
(vi) act of December 19, 1984 (P.L. 1093, No. 219), known as the
"Noncoal Surface Mining Conservation and Reclamation Act";
(vii) act of June 30, 1981 (P.L. 128, No. 43), known as the
"Agricultural Area Security Law";
(viii) act of June 10, 1982 (P.L. 454, No. 133), entitled "An act
protecting agricultural operations from nuisance suits and ordinances
under certain circumstances"; and
(ix) act of May 20, 1993 (P.L. 12, No. 6), known as the "Nutrient
Management Act," regardless of whether any agricultural operation
within the area to be affected by the plan is a concentrated animal
operation as defined under the act.
(7) In addition to any other requirements of this act, a county
comprehensive plan shall:
(i) Identify land uses as they relate to important natural resources
and appropriate utilization of existing minerals.
(ii) Identify current and proposed land uses which have a regional
impact and significance, such as large shopping centers, major
industrial parks, mines and related activities, office parks, storage
facilities, large residential developments, regional entertainment
and recreational complexes, hospitals, airports and port facilities.
(iii) Identify a plan for the preservation and enhancement of prime
agricultural land and encourage the compatibility of land use
regulation with existing agricultural operations.
(iv) Identify a plan for historic preservation.
(b) The comprehensive plan shall include a plan for the reliable supply of water, considering current and future water resources availability, uses and limitations, including provisions adequate to protect water supply sources. Any such plan shall be generally consistent with the State Water Plan and any applicable water resources plan adopted by a river basin commission. It shall also contain a statement recognizing that:
(1) Lawful activities such as extraction of minerals may impact water
supply sources and such activities are governed by statutes regulating
mineral extraction that specify replacement and restoration of water
supplies affected by such activities.
(2) Commercial agriculture production may impact water supply sources.
(c) The municipal or multimunicipal comprehensive plan shall be reviewed at least every ten years. The municipal or multimunicipal comprehensive plan shall be sent to the governing bodies of contiguous municipalities for review and comment and shall also be sent to the Center for Local Government Services for informational purposes. The municipal or multimunicipal comprehensive plan shall also be sent to the county planning commissions or, upon request of a county planning commission, a regional planning commission when the comprehensive plan is updated or at ten-year intervals, whichever comes first, for review and comment on whether the municipal or multimunicipal comprehensive plan remains generally consistent with the county comprehensive plan and to indicate where the local plan may deviate from the county comprehensive plan.
(d) The municipal, multimunicipal or county comprehensive plan may identify those areas where growth and development will occur so that a full range of public infrastructure services, including sewer, water, highways, police and fire protection, public schools, parks, open space and other services can be adequately planned and provided as needed to accommodate growth.
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