Central SectionPA Chapter – American Planning Association

Meeting the Letter & Spirit of the Law:Legal Components of Comprehensive

Plans

Stanford M. Lembeck, AICPPA Municipal Planning Education Institute

PA Newspaper Association-HarrisburgMay 2, 2013

© 2013. PA Municipal Planning Education Institute. All rights reserved.

Workshop Goals

To understand the legal connection between comprehensive plans and the Pennsylvania Municipalities Planning Code.

And other laws.

CENTRAL SECTION WORKSHOP

What’s this Comprehensive Plan Thing?

Richard Hedman & Fred Bair, Jr. And on the Eighth Day

COMPREHENSIVE PLANSAn “article of faith” for planners

About COMPREHENSIVE PLANS

It’s an “article of faith” for planners. It’s what we do.

It’s called “comprehensive,” but can it really be? (You don’t

know what you don’t know)

There’s no definition of “comprehensive plan” in the MPC.

It’s kind of defined by what goes into it.

People say: It has no “teeth.” It can’t force (coerce) actions or

behavior.

A “Toothless” Plan? a 1971 court decision

• A comprehensive plan and a zoning ordinance are two separate tools to be used in the statutory scheme of municipal land utilization.

• A comprehensive plan is an overall guide to land utilization and to meeting the needs and desires of a community whereas a zoning ordinance regulates the land use as recommended by the plan.

• A comprehensive plan is abstract and recommendatory; a zoning ordinance is specific and regulatory.

Morelli et al v Boro of St. Marys et al 1 Commonwealth Ct. 612 (1971)

But is a Comprehensive Plan really “toothless?

§ 503. Contents of Subdivision & Land Development Ordinance. The SALDO may include, but need not be limited to:

(2) Provisions for insuring that:

(i) the layout or arrangement of the subdivision or land development shall conform to the comprehensive plan and to any regulations or maps adopted in furtherance thereof:

(ii) streets in and bordering a subdivision or land develop-ment shall be coordinated, and be of such widths and

grades and in such locations as deemed necessary to accommodate prospective traffic and facilitate fire protection:

(iii) drainage rights of way; (iv) reservations for public grounds by developers; (iv) land subject to flooding, subsidence, etc.

Comprehensive Plan as “Threshold”• 1006-A: Judicial Relief (b.1) Municipalities with adopted

multimunicipal comprehensive plan- if zoning validity is challenged-may be entitled to “regional land use sharing”

• VIII-A: Joint Municipal Zoning 801-A (b) Joint municipal zoning ordinance shall be based on an adopted joint municipal comprehensive plan

• §503(11) Public dedication of land for…recreation facilities based on formally adopted recreation plan

• §501-A. Purposes Power to enact “municipal capital improvement” granted to municipalities or counties with an adopted comprehensive plan, SALDO and zoning

More about COMPREHENSIVE PLANS

It’s an “article of faith” for planners.

It’s called “comprehensive,” but can it really be? (You don’t

know what you don’t know)

There’s no definition of “comprehensive plan” in the MPC.

It’s kind of defined by what goes into it.

It has no “teeth.” It can’t force (coerce) actions or behavior.

They’re costly.

After they’re finished nothing much is done with them.

Implimenting the PlanRichard Hedman & Fred Bair, Jr. And on the Eighth Day

More about COMPREHENSIVE PLANS

It’s an “article of faith” for planners. It’s called “comprehensive,” but is it really? There’s no definition of it in the MPC. It’s kind of defined by what goes into it.It has no “teeth.” It can’t force (coerce) actions or behavior. (So what’s the point?)

They’re costly.After they’re finished not much is done with them.

There’s no “user guide” in the MPC for comprehensive plans. What

do we do with it? How are we supposed to use it?

But, there’s a whole Article in the MPC on it. Why?

Does a comprehensive plan have any intrinsic value or

purpose of its own?

(aside from being a basis for land use regulations)

The MPC: Articles1 General Provisions2 Planning Agencies3 Comprehensive

Plan

4 Official Map5 Subdivision & Land

Development5A Municipal Capital Improve- ment (trans Impact fee)

6 Zoning7 Planned Residential

Development (PRD)

7A Traditional Nbhd Dev (TND)

8A Joint Municipal Zoning

9 Zoning Hearing Board & Other Admin Procedures

10 Appeals to Court

11 Intergovernmental Coop-erative Planning & Im-plementation Agreements

11A Wastewater Processing Cooperative Planning

There’s no definition of “comprehensive plan”

And, there’s no “user guide” to

how to use it

Article III: Comprehensive Plan §301. Preparation of Comprehensive Plan

(Current MPC)

(a) The municipal, multi-municipal, county comprehensive plan, consisting of maps, charts and textual matter, shall include, but need not be limited to, the following related basic elements:

(Original 1968 MPC) The planning agency shall prepare and maintain a comprehensive plan for the development of the municipality. The comprehensive plan, consisting of maps, charts and textual matter, shall indicate the recommendations of the planning agency for the continuing development of the municipality. The comprehensive plan shall include, but need not be limited to, the following related basic elements:

Comprehensive Plan basic elements

(original 1968 MPC)

1. A statement of objectives2. A plan for land use3. A plan for movement of

people and goods4. A plan for community

facilities and utilities5. A map or statement

relating proposed development to adjacent municipalities and areas

(current MPC)1 Statement of objectives2 Plan for land use3 Housing needs plan4 Transportation plan5 Community facilities plan6 Plan elements relationships7 Implementation strategies8 Compatibility with others9 Plan to protect natural resources10 Water supply plan

Pennsylvania Municipal Planning Education Institute

Course in Community Planning

♦ PA Municipalities Planning Code

♦ Planning Agencies

♦ The Comprehensive Plan purpose and components of plans planning agency’s role joint planning & intergovernmental cooperation plan updates and consistency

♦ Plan Implementation

♦ Effective Planning Commissions

How to use a Comprehensive Plan?

An official statement of the governing body’s future planning goals

An overall view of how the many pieces of the community should work

A tool for evaluating proposed projects (does it move the plan forward?)

Serves as a guide for the future development of the municipality

Comprehensive PlanComprehensive Plan

• A reference point for the governing body’s development and budget decisions; capital improvements priorities and timing

• A guide for private-sector decision-making

• Provides guidelines for planning commission reviews

• I t’s the basis for land use regulations-provides the rationale for regulating private property

What is a Comprehensive Plan?

Capital Improvements Budget

CAPITAL IMPROVEMENTS 6 YEAR BUDGET

PROJECTS EST.COST*

RANK 2013 2014 2015 2016 2017 2018

Storm Sewers 2,100. 1 225 225 225 225 225 225

Sanitary Sewers 2,100. 2 225 225 225 225 225 225

Well site acquisition 1,000. 6 500 500

Fire Equipment 400. 3 200 200

Parkland acquisition 250. 5 75 175

Park development 1,750. 7 500 500 500

Street improvements 3,000. 4 300 300 300 300 300 300

Mun Bldg renovation 1,500. 8 500 500

TOTAL $12,100 950 1,250 1,425 1,750 1,750 1,750

* Est. costs in 000’s of dollars. Funding sources TBD: taxes, borrowing, grants impact fees

What the Comprehensive Plan looks at(MPC §301.2- Surveys by planning agency)

HousingEconomic

Demographic characteristics

and trends

Amount-Type-Location-Interrelationships of

Land Uses

General location & extent of

Transportation Community Facilities

Natural Features affecting development

Natural Historic Cultural resources

Prospects for future growth

The key to comprehensive planning- Asking the right questions

• What are your community’s assets and limitations --now and in the future?

• Will the future be like the past: is the past the best guide to your community’s future?

• What is the population structure: is it renewing; is it declining? flat?

Asking the right questions

• What does the community lack now that it should have or needs; what about its future needs?

• Do some current services and facilities have excess capacity; are some at or near their limits and need renovation or expansion? Will

some new facilities be needed?

• Realistically, what things can your municipality control; what things are beyond its control?

The Plan-Making ProcessA “plan” is the solution to a problem

• Start with a question/problem

• Define it

• Gather data (redefine the problem if needed)

• Decide: what would a good solution (result) look like

• Select the solution (plan)

• Do it (who, what, when, how, how much)

Reminder: start the planning with a question, not a conclusion

Make plans to solve problems

• Our municipality has excess water and sewer capacity? What opportunities do we have for better utilization? Who should we work with?

• Our greatest asset is the housing supply. Can we make it more attractive to young families? How? Are additional neighborhood amenities needed?

• Long-term community sustainability is a concern. The population is aging. What actions/policies/

programs could be used to modify the trend?

Comprehensive Planning

and

Marcellus Impact Fees

Authorized Uses of Impact Fees

• Construction/reconstruction, repair & maintenance of roads, bridges, public infrastructure

• Construction, repair and main-tenance of water, stormwater & sewer systems

• Emergency preparedness & public safety: law enforcement, fire services, others

• Environmental programs: trails, parks, recreation,open space, floodplain mgt, ag pres, etc.

• Preservation/reclamation of surface & subsurface waters &

water supplies

• Affordable housing

• Records management, GIS

• Delivery of social services

• Judicial services

• Career & technical centers

• Establishment of a capital reserve account

• Local or regional planning initiatives under the MPC

• Tax reductions

Capital Improvements Budget

CAPITAL IMPROVEMENTS 6 YEAR BUDGET

PROJECTS EST.COST*

RANK 2013 2014 2015 2016 2017 2018

Storm Sewers . 1

Sanitary Sewers . 2

Well site acquisition . 6

Fire Equipment . 3

Trails, open space . 5

Bridge repairs . 7

Road improvements 4

Affordable housing . 8

* Est. costs in 000’s of dollars. Funding sources TBD: taxes, borrowing, grants impact fees

Comp Plan Tools

• Power of Persuasion

• Information

• Power of the Purse (public investment)

• Tax Policies

• Subsidies and Incentives

Adopted Comprehensive Plan(§ 303/304/305)

Comprehensive Plan Adoption

• The governing body of municipalities may adopt and amend comprehensive plans as a whole or in part

• Counties must prepare and adopt a comprehensive plan (301.4)

• Adoption of a comprehensive plan is by resolution of the governing body

• Adoption “ties” the municipality to its comp plan

§303: Legal Status of Comprehensive Plan Within the Jurisdiction that Adopted the Plan

•Governing Body, its departments, agencies, appointed authorities shall

•submit proposed actions for review and recommendations by the planning agency

•when the proposed action relates to: location, opening, demotion, expansion, etc. of streets, public grounds, public structures, water line, sewer line, treatment facility

•Planning Agency’s written recommendations in 45 days whether proposed action is in accordance with the formally adopted comprehensive plan

•No action of the governing body is invalid or subject to challenge if proposed action is inconsistent with comp plan

Definition of “Public Grounds”

§107(a) Public Grounds includes:

(1) Parks, playgrounds, trails, paths and other recreational and other public areas;

(2) Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities, and

(3) Publicly owned or operated scenic and historic sites.

§304: Legal Status of County Comprehensive Plan Within Municipalities

• Following adoption of a comprehensive plan by a county

• Any proposed action of the governing body of a municipality, its departments, agencies and appointed authorities shall be submitted to the county planning agency for review

• when the proposed action relates to: location, opening, demotion, expansion, etc. of streets, public grounds, public structures, water line, sewer line, treatment facility

• County planning agency’s recommendations in 45 days to governing body of municipality

• If county planning agency fails to act in timely fashion the municipal governing body may act without it.

§305: Legal Status of Comprehensive Plans Within School Districts

• Following adoption of a comprehensive plan by a municipality or county

• any proposed action of the governing body of a school district located within the municipality or county

• relating to: location, demolition, removal, sale or lease of any public school district structure or land shall be submitted to

• municipal or county planning agencies for their recommend-ation at least 45 days prior to the proposed action by the governing body of the district

Local Planning & Federal Laws

Comp Plans and Federal Laws

• Local comprehensive planning is “informed” by Federal statutes. They should include these standards and protections. For example:

Telecommunications Act of 1996

Religious Land Use & Institutionalized Persons Act of 2000American with Disabilities Act of 1990Fair Housing Act (Civil Rights Act of 1968, as amended)

• In a way, Federal laws are really carried out by local government actions. It’s another job/responsibility of comprehensive plans.

Examples of Federal LawsTelecommunications Act of 1996

Standards & criteria for placement, construction, modifications of telecommunications facilities. Prohibits discrimination among providers of functionally equivalent services.

Religious Land Use & Institutionalized Persons Act of 2000

No imposition of burdens on the religious exercise of a person or religious institution; unless, in furtherance of a compelling government interest, & it is the least restriction needed.

American Disabilities Act of 1990 Civil rights protections to individuals with disabilities. Guarantees equal opportunity in public accommodations, employment, transportation, state and local government services, and telecommunications. Ensure no disabled individuals are excluded from services, programs and activities.

Fair Housing Act-Civil Rights Act 1968 Prohibits discrimination in the sale, rental and financing of dwellings…based on race, color, national origin, religion, sex, or disability.Prohibits enforcement of local policies and ordinances because of disabilities.