Lawmakers in Pennsylvania are considering a significant amendment to the Municipal Planning Code that would empower boroughs, towns and townships to plan and approve major development projects.

Introduced in August 2022, House Bill No. 2768 would amend the Pennsylvania Municipalities Planning Code (MPC) to include a new Article titled “Developments of Regional Significance and Impact.”

The purposes of the new article are to:

• AUTHORIZE a comprehensive and coordinated review by a municipality regarding a proposed development of regional significance and impact
• EVALUATE and MITIGATE potentially adverse impacts as a result of the development
• DEVELOP cost-effective and reasonably accountability measures regarding the development
• ENCOURAGE timely, well-communicated and well-coordinated procedures to consider and authorize the development

Examples of a development of regional significance and impact include airports, intermodal terminals, petroleum storage facilities, waste handling facilities, quarries and truck stops.

To be classified as a Development of Regional Significance and Impact, the host municipality must advertise and hold a public hearing. The purpose of the hearing is to consider the proposed development, review the required impact analysis, and determine whether it qualifies as a Development of Regional Significance and Impact. In addition to the impact analysis, the applicant must also submit a mitigation plan for review.

Under the new law, an impact analysis would be required to analyze:

• the financial impact
• disturbance of agricultural areas, forested areas and greenfields
• effect on natural resources
• effect on residential housing opportunities
• traffic impact
• any related considerations or any other matter that is required by an applicable provision in the specific municipality

The host municipality must also hold a hearing to review the proposed development for approval or denial. In additional to the impact analysis and mitigation plan, the host municipality must also consider:

• testimony and other information from any impacted governmental departments such as the Department of Environmental Protection or other governmental entities whose approval are required for the proposed land development
• the county in which the host municipality is located
• contiguous municipalities
• other municipalities that are potentially impacted
• school districts that are potentially impacted; and concerned individuals, municipal planners, engineers, or any other potentially impacted persons.

Based on the testimony and other information received, the host municipality may approve the proposed development, approve with conditions, or disapprove the development. The host municipality shall provide specific reasons supporting its determination.

Any appeal of a determination must be filed with the court of common pleas of the respective county. Parties to an appeal shall be limited to those parties that appeared before the host municipality at the hearing. Parties to a contested case may use mediation as an aid to a formal appeal.

This House Bill No. 2768 is pending in the Pennsylvania House Local Government Committee. If signed into law, it would take effect six months after adoption.

For any questions regarding House Bill No. 2768 or any potential Development of Regional Significance and Impact, contact Rob Gundlach at rgundlach@foxrothschild.com or 215.918.3636, or Daniel Lyons at 215.918.3693 or daniellyons@foxrothschild.com.