Legislative Update in Pennsylvania

February 2012Articles In the Zone

House Bill No. 484 proposes to amend the Pennsylvania Municipalities Planning Code (MPC) by revising the provisions that subdivision and land development ordinances may include in connection with requirements regarding the imposition of fees in lieu of the public dedication of land. Currently, such ordinances may include provisions requiring the dedication of land or, in the alternative, for example, the payment of fees in lieu thereof.

This proposed legislation would enhance the requirements that a municipality may proffer if it were to impose a fee in lieu of a public dedication of land. For example, the proposed legislation would add a provision whereby the fees in lieu could be used for “the acquisition, operation or maintenance of park or recreational facilities, whether operated or maintained by the municipality or by another municipality, as a condition precedent to final plan approval.”

Another proposed change would provide that “[t]he land or fees, or combination thereof, are to be used only for the purpose of providing, acquiring, constructing, operating or maintaining park or recreational facilities accessible to the development.” Currently, the foregoing provision reads only as follows: “The land or fees, or combination thereof, are to be used only for the purpose of providing park or recreational facilities accessible to the development.”

For more information, please contact David H. Comer.