[HISTORY: Adopted by the Board of Commissioners
of the Township of Lower Pottsgrove as indicated in article histories.
Amendments noted where applicable.]
[Adopted 11-22-2005 by Ord. No. 256]
The following intergovernmental cooperative
implementation agreement is authorized by and conforms to Article
III and Article XI of the Pennsylvania Municipalities Planning Code,
Act of July 31, 1968, P.L. 805, No 247, as reenacted and amended,
53 P.S. § 10101 et seq., and Chapter 23, Subchapter A (relating
to intergovernmental cooperation) of the General Local Government
Code, 53 Pa.C.S.A. § 2301 et seq.
The Pottstown Metropolitan Region is positioned
directly in the path of growth as it continues to expand outward from
Philadelphia and its suburbs. It is a well-balanced region with a
richly diverse landscape of historic communities, attractive suburban
neighborhoods, industry, commercial centers, rolling farmlands and
abundant natural resources. The intersection of US Route 422 and PA
Route 100 in the middle of the region provides a gateway for new growth.
The region's communities recognize that they are at a crossroads for
directing growth and this is the catalyst for the region's eight municipalities
working together to plan their future. Especially important for the
region is directing growth into the region's older communities and
designated growth areas, particularly the Borough of Pottstown, in
order to revitalize these older places, maximize the costly public
infrastructure of the region, and preserve the region's rural areas.
Through regional cooperation and planning, the Pottstown Metropolitan
Region intends to:
A.
Protect the unique historical, cultural, and natural
resources of the region.
B.
Promote the economic vitality and quality of life
of the region's existing communities.
C.
Implement growth management techniques to provide
for orderly and well-planned new development.
D.
Preserve open space and agriculture in the region.
E.
Develop transportation choices for better mobility
in and through the region.
F.
Encourage walkable communities with a mix of uses
and a range of housing options, where appropriate.
G.
Promote new economic opportunities and jobs.
H.
Maintain and improve recreation options.
I.
Address the specific needs and unique conditions of
each municipality.
The following goals and objectives, which can
also be found in the adopted Pottstown Metropolitan Regional Comprehensive
Plan, will help guide and shape new growth and development in the
region for the next 20 years.
A.
Housing goal.
(1)
Housing is a basic element of a community's economic
health and growth. The Pottstown Metropolitan Regional Comprehensive
Plan will provide adequate housing opportunities for current and future
residents.
(2)
Objectives:
(a)
Meet residential fair-share requirements as
a region.
(b)
Maintain and promote revitalization of existing
residential neighborhoods and villages.
(c)
Concentrate new housing where infrastructure
is currently located and in designated growth areas.
(d)
Encourage pedestrian-oriented residential neighborhoods
that foster a sense of community.
(e)
Accommodate housing opportunities for a range
of income levels and age groups.
B.
Commercial/retail goal. The Pottstown region's commercial
options are diverse, from traditional downtown and village shopping
to new suburban commercial centers. Change is a constant for the region's
consumers and retailers, and the Pottstown Metropolitan Regional Comprehensive
Plan will encourage revitalization of the region's existing retail
areas and limit new commercial development.
(1)
Objectives:
(a)
Maintain and enhance existing commercial areas.
(b)
Limit the amount of new commercial development
outside of existing commercial areas.
(c)
Promote revitalization of downtown Pottstown
as a regional destination.
(d)
Preserve and enhance village areas that support
a mix of uses in a pedestrian-friendly environment.
C.
Office uses goal. The dynamic economy has brought
new economic needs and opportunities for the Pottstown region. The
Regional Comprehensive Plan will encourage the development of office
uses in locations that have the necessary transportation and facilities
infrastructure.
D.
Industrial/light manufacturing goal. Industry has
been and continues to be an important economic base for the Pottstown
Metropolitan Region. The Regional Comprehensive Plan will encourage
industrial development in established industrial areas and in locations
which have the necessary transportation and utilities infrastructure.
(1)
Objectives:
(a)
Provide high-quality employment opportunities.
(b)
Enhance the region's tax base.
(c)
Provide for industrial/light manufacturing uses
that meet the needs of a range of users.
(d)
Prioritize redevelopment of underutilized existing
industrial sites.
(e)
Promote clean and environmentally friendly industrial/light
manufacturing uses.
(f)
Locate industrial/light manufacturing uses where
adequate transportation access and necessary utilities are available
and planned for.
E.
Parks and recreation goal. Recreation facilities add
to the quality of life of a community. The Regional Comprehensive
Plan will provide recreational opportunities to meet the needs of
present and future residents.
(1)
Objectives:
(a)
Coordinate park and recreational opportunities
among the region's eight municipalities.
(b)
Implement the park and recreation goals of municipal
open space plans.
(c)
Maintain and enhance existing park and recreation
facilities.
(d)
Encourage parks and open space be provided with
new development.
(e)
Create active and passive recreation opportunities.
(f)
Emphasize park and recreation opportunities
that preserve natural linkages, environmental resources and viewsheds.
(g)
Expand recreational opportunities along the
Schuylkill River.
(h)
Develop a regional trail network to connect
communities and recreation areas.
(i)
Work with private organizations to provide recreational
options.
F.
Open space goal. Open space provides many natural,
aesthetic and economic benefits, and the Pottstown Metropolitan Regional
Comprehensive Plan intends to preserve open space for present and
future residents.
(1)
Objectives:
(a)
Implement the open space goals of municipal
open space plans.
(b)
Designate growth and rural resource areas within
the region to ensure preservation of open space areas.
(c)
Promote design options for new development that
preserve open space.
(d)
Encourage coordination and connection of open
space areas between municipalities.
(e)
Actively pursue strategies and resources to
preserve open space in the region.
(f)
Emphasize open space opportunities that preserve
natural linkages, environmental resources and viewsheds, especially
along the Schuylkill River.
G.
Natural resource protection goal. Natural resources
are the foundation on which communities are built. The Pottstown Metropolitan
Regional Comprehensive Plan will preserve and protect the region's
natural resources to sustain present and future residents.
(1)
Objectives:
(a)
Protect existing groundwater resources and encourage
groundwater recharge in the designs of new development.
(b)
Preserve sensitive natural resources areas,
including woodlands, stream systems, wetlands, steep slopes, and wildlife,
especially along the Schuylkill River.
(c)
Promote and protect street trees and other vegetation
in developed areas.
(d)
Protect all municipalities within the same watershed
from impacts of improper development.
(e)
Implement the natural resource preservation
goals of municipal open space plans.
H.
Agriculture goal. Farming has a long history in the
Pottstown Metropolitan Region and the region's comprehensive plan
will promote the preservation of agricultural land and encourage maintaining
agriculture as a viable industry in the region.
(1)
Objectives:
(a)
Encourage farmland preservation through participation
in government and private preservation programs at the local, state,
and national level.
(b)
Designate growth areas and rural resource areas
within the region to ensure preservation of agriculture.
(c)
Emphasize that new development in designated
agricultural areas be limited and maximize agricultural preservation.
I.
Transportation goal. Mobility is essential for connecting
people and encouraging economic growth. The Regional Comprehensive
Plan will provide a safe and efficient transportation system to move
people and goods in and through the region.
(1)
Objectives:
(a)
Manage the region's vehicular traffic congestion.
(b)
Improve transportation safety in the region.
(c)
Emphasize transportation improvements in new
developments that maintain/enhance the region's road hierarchy and
connectivity.
(d)
Promote the design of new developments to be
walkable and encourage multiple transportation options.
(e)
Expand public transportation options in the
region, particularly regional rail service.
(f)
Develop a local and regional pedestrian and
bicycle network.
(g)
Support innovative parking strategies to provide
adequate parking that is safe and effective while minimizing traffic
congestion and impervious coverage.
(h)
Provide charter and other aviation transportation
services at the Pottstown Municipal Airport.
J.
Community facilities goal. The Pottstown Metropolitan
Regional Comprehensive Plan will serve the needs of current and future
residents regarding public utilities, emergency services, and educational
facilities. These services greatly impact the quality of life and
safety of the region's residents.
(1)
Objectives:
(a)
Encourage the coordination of municipal services/facilities.
(b)
Use public sewer and water facilities efficiently
by extending these systems only within designated growth areas.
(c)
Protect surface water quality and ensure sufficient
water supply by using public and private sewer and water systems effectively,
including on-site systems.
(d)
Support existing emergency services and improve
their capacities to serve a growing population.
(e)
Cooperate with the local school districts, Montgomery
County Community College and local library systems to encourage appropriate
locations for new or expanded facilities and promote pedestrian access
to these facilities.
(f)
Develop ways for residents from non-Montgomery
County communities within the region to greater utilize Montgomery
County Community College.
As used in this article, the following terms
shall have the meanings indicated:
That which exhibits agreement or correspondence between matters
being compared which denotes reasonable, rational, similar connection
or relationship.
That which exhibits consistency. In its applications within the Pottstown Metropolitan Region when considering subdivisions, land developments, zoning changes, or any other matter deemed to have regional impact, "generally consistent" shall be interpreted as that which conforms to the goals and objectives stated in § 56-3 of this article and with other policies stated in the Pottstown Metropolitan Regional Comprehensive Plan. Specifically, a proposed land use action shall be considered generally consistent with the Regional Comprehensive Plan when the regulation, amendment or action:
Furthers, or at least does not interfere with,
the goals and policies contained in the Regional Comprehensive Plan;
and
Carries out or supports other specific implementation
actions recommended by the Regional Comprehensive Plan; and
That residential uses are consistent with the
density ranges contained in the plan's future land use tables but
are not required to be identical, provided that the overall intent
of the land use action is compatible with the plan's goals and objectives
and where the action taken does not establish a precedent that is
detrimental or contrary to the plan's policies and recommendations;
and
That nonresidential uses are consistent with the intensity ranges
as expressed by the square footage maximums found in the plan's future
land use tables but are not required to be identical, provided that
the overall intent of the land use action is compatible with the plan's
goals and objectives and where the action taken does not establish
a precedent that is detrimental or contrary to the plan's policies
and recommendations.
The council in boroughs and incorporated towns; the board
of commissioners in townships of the first class; the board of supervisors
in townships of the second class.
Generalized, nonbinding land use plans for targeted areas
that are prepared by and adopted by a municipality for the purpose
of integrating large-scale residential and nonresidential development
in a unified manner.
Act of 1968, P.L. 805, No. 247, as reenacted and amended.[1]
The Pottstown Metropolitan Region comprised of the municipalities
of Pottstown Borough, West Pottsgrove Township, Upper Pottsgrove Township,
Lower Pottsgrove Township, Douglass Township, Upper Hanover Township,
East Coventry Township and North Coventry Township, who have joined
together for the purpose of regional planning as per the stipulations
of this article.
The Regional Comprehensive Plan referred to in § 56-5 of this article, including all amendments and supplements thereto and any new plan substituted therefor, as in force at the time of application under this article.
A planning committee comprised of representatives of the
eight participating municipalities and constituted as a joint municipal
planning committee in accordance with 53 P.S. § 10101 et
seq., and Chapter 23, Subchapter A (relating to intergovernmental
cooperation), of the General Local Government Code, 53 Pa.C.S.A. § 2301
et seq., and Article XI of the Municipalities Planning Code, to address,
on behalf of the participants, multimunicipal issues, including, but
not limited to, agricultural and open space preservation, natural
and historic resources, transportation, housing and economic development
and the administration and interpretation of the Pottstown Metropolitan
Regional Comprehensive Plan on matters relating to zoning, land use,
and public infrastructure and services.
Area-specific land use plans that are prepared by a municipality
for the systematic implementation of the Pottstown Metropolitan Regional
Comprehensive Plan for large-scale nonresidential development in accordance
with Article XI of the Municipalities Planning Code.
Any subdivision or land development proposal will be considered
a subdivision or land development of regional impact if any one of
the following occurs:
Any subdivision or land development, if approved
by 3/4 of the voting member municipalities of the Committee.
Any subdivision or land development submitted
by the municipality where the proposal is located if, due to its character,
magnitude or location, will have substantial impact upon the health,
safety or welfare of the citizens of the Pottstown Metropolitan Region.
Any residential land development or subdivision
that results in the creation of 25 lots or more or results in the
development of 50 units or more
Any nonresidential land development with a building
containing 40,000 square feet or more of gross floor area for any
retail, office, industrial or other nonresidential proposal.
Any subdivision or land development that has
the potential to generate 100 or more peak-hour one-way trips per
day or 1,500 or more total trips per day.
Any portion of a subdivision involving three
or more lots or a land development with a building containing 20,000
square feet or more of gross floor area that falls within 300 feet
of a municipal line of the region.
Any residential or nonresidential land development
or subdivision proposing the construction of a community sewage facility,
whether publicly or privately owned, for the collection of sewage.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
Plan adoption. The adopted Pottstown Metropolitan
Regional Comprehensive Plan shall serve as the guide for all future
growth in the region. Upon its adoption by all the participating municipalities
each municipality's land use planning decisions shall be guided by
the regional plan and conform to its goals and objectives.
(1)
The Pottstown Metropolitan Regional Comprehensive
Plan may be adopted as the sole comprehensive plan for the participating
municipalities; however, any municipality may retain or subsequently
adopt an individual municipal comprehensive plan, provided said plan
is generally consistent with the adopted regional plan. Any municipality
of the Pottstown Metropolitan Region which retains or develops its
own municipal comprehensive plan shall be responsible to maintain
the general consistency of the municipal plan with the Regional Comprehensive
Plan. In the event that there is general inconsistency between an
individual municipality's comprehensive plan and the Regional Comprehensive
Plan following the two-year period provided for modifications, the
Regional Comprehensive Plan shall be the controlling document.
B.
Comprehensive plan compliance. Within two years from
the date of its adoption, the municipalities of the Pottstown Metropolitan
Region shall bring their individual zoning codes and subdivision and
land development ordinances into general consistency with the Regional
Comprehensive Plan. The participating municipalities further agree
to adhere to the principles of the plan when rendering decisions and
making policy.
C.
Plan interpretation. Member municipalities agree to
duly consider the opinions and recommendations made by the Committee
on all matters pertaining to the interpretation of the Regional Comprehensive
Plan, but it is understood that any opinion or recommendation rendered
by the Committee shall be advisory only.
A.
Membership:
(1)
The Committee shall be comprised of two representatives
from each municipality. One member from each municipality shall be
a member of the governing body, and the other may either be from the
governing body, planning commission, or citizen from the municipality.
(2)
Each municipality shall select a proxy to attend any
meeting of the Committee where said proxy shall have the right to
cast the municipal vote on matters which come before the Committee
in the event that the regular representatives of the municipality
are not available.
(3)
Each municipality is responsible for ensuring full
representation on the Committee and must fill any vacancy if that
vacancy occurs otherwise than by expiration of term in a timely fashion.
B.
Officers. The positions of Chairperson and Vice Chairperson
shall be held by individuals representing two different municipalities.
The position of Treasurer may be held by an individual representing
any one of the eight participating municipalities.
C.
Terms of office. All officers shall be elected at
the January meeting of the Committee and serve a one-year term. The
positions of Chairperson and Vice Chairperson may succeed themselves
for a second one-year term, provided that at the end of two years
an individual representing a different municipality fills each position.
The position of Treasurer need not be rotated between municipalities.
D.
Quorum. A quorum shall be considered achieved when
there are five voting members present whereby each voting member represents
a separate municipality.
E.
Voting rights. Although each municipality shall have
two representatives on the Committee, together they shall have one
vote to cast on all matters that come before it. Where both representatives
are present from a single municipality, the prevailing vote shall
be that of the member of the governing body. If a municipality appoints
two members of the governing body to the Committee, the governing
body shall designate which representative shall have the prevailing
vote.
F.
Voting. As the Committee is an advisory body, any
and all action taken by the Committee shall be by simple majority
vote except as otherwise noted in this article.
(1)
No action may be taken or recommendation made where
the resulting vote ends in a tie.
G.
Meetings. Regular meetings will be held monthly on
a mutually agreed upon day and time. In the event of conflict with
holidays or other events, a majority at any meeting may change the
date of said meeting. Should there be no business to be considered,
the Chairman may cancel a meeting without prior notice.
(1)
All meetings or portions of meetings at which official
action is taken shall be open to the general public.
H.
Administration and expenditure of funds:
(1)
Individual municipalities may appropriate funds, at
the discretion of each individual governing body, for use by the Committee.
(2)
Within the limits imposed upon it by the funds available
for its use, the Committee may appropriate funds for the operation
of the Committee and prepare an annual budget for disbursement of
such funds.
(3)
All budgeted and nonbudgeted items shall be approved
by unanimous consent of all the voting members of the Committee unless
an item has been on the Committee agenda for two consecutive months,
then the item may be approved by unanimous consent of a quorum of
the voting members.
(4)
Within the limits imposed upon it by the funds available
for its use, the Committee may employ such staff or personnel and
enter into contracts with consultants as it sees fit to aid in its
work.
(5)
The Committee may also seek federal, state and county
grants to offset the cost of operation and to hire staff or professional
consultants, as deemed necessary.
I.
Annual report. Each year the Committee shall prepare
an annual report, to include a summary of public infrastructure needs
in growth areas and progress toward meeting those needs through implementation
actions and reports on development applications and dispositions for
residential, commercial and industrial development in each participating
municipality, for the purpose of evaluating the extent of provision
of all categories of use and housing for all income levels within
the region of the plan. A copy of the annual report shall be sent
to each of the participating municipalities, the Montgomery County
Planning Commission, and the Chester County Planning Commission.
The member municipalities of the Committee agree
to appropriate funds annually to a regional planning legal defense
fund. The amount of the appropriation will be determined as part of
an annual budget. The purpose of the regional legal defense fund is
to assist participating municipalities with litigation related to
implementation of the plan, including, but not limited to, municipal
ordinances adopted to be generally consistent with the plan.
A.
Administration. The Treasurer of the Committee shall
be responsible for the administration of the regional legal defense
fund and will provide quarterly reports about the fund's activity
to the Committee.
B.
Expenditures. Written requests for assistance from
the regional legal defense fund by member municipalities of the Committee
are first sent to the Treasurer of the Committee, detailing the purpose
of the assistance and an itemized list of projected expenses.
(1)
The Treasurer will distribute the request to the members
of the Committee for consideration at their next meeting.
(2)
A request for assistance from the regional legal defense
fund shall be approved by unanimous consent of the voting members
of the Committee unless a request has been on the Committee's agenda
for two consecutive months, then the request may be approved by unanimous
consent of a quorum of the voting members.
(3)
In considering a request for assistance from the regional
legal defense fund, the members of the Committee may do one of the
following:
A.
Withdrawal. A municipality may withdraw from the regional
planning organization consistent with the following sequential process:
(1)
Written notice is provided to the Committee and each
other member municipality regarding the intention to withdraw.
(2)
The withdrawing municipality holds a public hearing,
pursuant to public notice, to solicit comment regarding its intention
to withdraw.
(3)
The governing body of the municipality intending to
withdraw passes a resolution authorizing the withdrawal.
(4)
The withdrawal shall be effective one year from the
adoption of the resolution authorizing the withdrawal. The one-year
waiting period will allow for the Regional Comprehensive Plan to be
revised as necessary.
(5)
Any municipality authorizing withdrawal from the Committee
shall be bound by the requirements of this article, including compliance
with all subdivision and land development, zoning and comprehensive
plan amendment review processes, even during the one-year waiting
period, except as may be permitted herein.
(6)
Any municipality which has authorized withdrawal shall
be financially responsible for only those budgeted and nonbudgeted
items which it or its representative to the Committee had agreed to
or voted for for the full duration of the one-year waiting period.
A.
Subdivision, land development review role. All subdivision
and or land development of regional impact shall be brought before
the Committee for review and comment.
B.
Submittal and review process. It shall be the responsibility
of the individual municipality (and not that of the developer) to
forward on to the Committee for review and comment any preliminary
land development or subdivision proposal that is to be reviewed by
the Committee.
(1)
All preliminary plans shall be submitted to the Committee
in sufficient time to allow for review and comment within the time
frame specified by the Municipalities Planning Code, Act 247. A review
by the Committee shall not exceed this time frame unless an extension
is requested by the municipality where the application is located.
(2)
In its review of subdivisions or land developments
of regional impact, the Committee shall consider the merits of the
proposal as it relates to the stated goals, objectives and policies
of the adopted Regional Comprehensive Plan. Specific design details
will be the responsibility of the municipality in which the subdivision
or land development is proposed and other professional reviews conducted
on behalf of the municipality.
(3)
In its review of subdivisions or land developments
of regional impact, the Committee shall consider the professional
reviews written or other items prepared for the municipality as part
of the standard municipal review process.
(4)
No additional reviews or studies shall be required
of the applicant or of the municipality unless the proposal has been
substantially revised. Determination of substantial revision shall
be made by the municipality in which the subdivision or land development
is occurring.
(5)
Notwithstanding any provision of the agreement to
the contrary, the power to approve a subdivision or land development
of regional impact shall be exercised only by the municipality where
the property for which the approval is sought is located.
(6)
Review comments are advisory only and shall be directed
to the manager or secretary of the municipality submitting the preliminary
plans for distribution to the appropriate boards consistent with the
municipality's review process. Review comments submitted by the Committee
shall be maintained by the municipality tracking the proposed subdivision
or land development.
When determining general consistency for zoning
ordinances, municipalities shall consider the Future Land Use Plan
of the Regional Comprehensive Plan. Each municipality shall also adhere
to the municipal land use commitments in Attachment 1 of this article
to provide for residential housing of various dwelling types and a
variety of nonresidential uses on behalf of the entire Pottstown Metropolitan
Regional Planning Area.[1]
A.
Regional Comprehensive Plan, Future Land Use Plan.
Implementation of the Future Land Use Plan of the Comprehensive Plan
shall be achieved via local zoning ordinances. When determining general
consistency between local zoning ordinances and the Future Land Use
Plan, individual municipalities shall reference the Future Land Use
Map and Future Land Use Matrix.
(1)
Future land Use Map. The Future Land Use Map divides
the Pottstown Metropolitan Region into seven generalized land use
categories: Metropolitan Center, Community Mixed Use Center, Village
Center, Regional Retail, Regional Commerce, Suburban Residential,
and Rural Resource Area. Each land use category authorizes municipalities
to permit a variety of residential and nonresidential uses at varying
densities and intensities, respectively. Any changes to the extent
of the future land use categories on the Future Land Use Map will
require a Comprehensive Plan amendment.
(2)
Future land use matrix. Each land use category identified
on the Future Land Use Map has a corresponding Future Land Use Matrix.
For each land use category, the matrix contains four primary elements:
(a)
Land use objective. This element describes the
overall goal of the land use category. It is a general statement of
the intent of the future land use category.
(b)
Use options. The uses that are permitted within
each future land use category are listed in this element. These are
the general uses that can be incorporated into the local zoning ordinances.
The municipalities of the region are authorized to permit uses fitting
within these general use options but are not required to permit all
of the uses listed.
(c)
Density/intensity. This element describes the
permitted density, building sizes, lot sizes and general site development
potential. These standards serve as regional limits. Exact densities/intensities
shall be determined by local zoning ordinances, and it is not assured
that the stated density/intensity standards within the Future Land
Use Matrix are an entitlement to landowners. Standards not addressed
within the Matrix are at the discretion of each municipality.
(d)
Required policies. Requirements for infrastructure,
vehicular accessibility, and development character are describe by
this element.
(e)
Optional recommendations. Techniques and strategies
that support the land use objectives are included in this element.
They are optional for each municipality to use according to its local
context and goals.
B.
Municipal land use commitments. The Future Land Use
Plan provides a framework for the type and character of development
that municipalities are authorized to permit. However, to ensure the
goals of the plan to provide for the use of land for residential housing
of various dwelling types and a variety of nonresidential uses are
maintained, individual municipalities have made commitments to provide
specific land uses.[2]
(1)
Residential land use commitments. The Housing Chapter
of the Regional Comprehensive Plan confirms that the Pottstown Metropolitan
Region provides its fair share of various dwelling types encompassing
all basic forms of housing. In order to maintain the region's residential
fair share, Attachment 1 of this article indicates commitments made
by individual municipalities to maintain a minimum acreage of applicable
zoning districts. Implications of the commitment include:
(a)
Municipalities may not reduce the acreage of
applicable zoning districts below the acreage identified as the "minimum
acreage" in Attachment 1.
(b)
Existing zoning districts may be amended or
new zoning districts created that can be considered as applicable
zoning districts. To be considered an "applicable zoning district,"
the district must provide for fair-share housing types as by-right
uses, including conditional uses and special exceptions, as discussed
within the Housing Chapter of the Regional Comprehensive Plan. The
extent of the districts must be equal to or greater than the minimum
acreage figure identified in Attachment 1 for residential fair share.
(c)
Provided the municipality does not go below
the minimum acreage, any zoning change affecting fair-share housing
types may be made, including decreasing or increasing the existing
acreage and changing the name or location of applicable zoning districts.
(2)
Nonresidential land use commitments. An analysis of
nonresidential uses was conducted which indicates that the region
adequately provides for these land uses. In order for the region to
maintain a sufficient supply of nonresidential land uses, Attachment
1 of this article indicates commitments made by individual municipalities
to permit specific land uses. Implications of the commitments include:
(a)
Municipalities may not eliminate a use they
have agreed to retain as a by-right use, including conditional uses
and special exceptions, within the municipal zoning ordinance.
(b)
Existing zoning districts permitting a use the
municipality has agreed to retain may be amended or new zoning districts
created, but the district(s) must continue to permit the use as a
by-right use, including conditional uses and special exceptions.
[2]
Editor's Note: See Attachment 1 at the end
of this chapter.
[1]
Editor's Note: Attachment 1 is included at the end of this chapter.
All proposed subdivision and land development
and zoning text amendments or zoning map changes shall be sent to
the Committee for review and comment in compliance with the following
process:
A.
Submittal. All proposed zoning text amendments or
zoning map amendments affecting a change on standards regulating use,
residential density, or nonresidential intensity shall be sent to
the Committee for review and comment. Amendments to ordinances other
than zoning or zoning text amendments or zoning map amendments that
do not affect standards regulating use, residential density, or nonresidential
intensity are not required to be submitted.
B.
Municipal ordinance adoption. No zoning text amendment or zoning map amendment effecting a change on standards regulating use, residential density, or nonresidential intensity shall be adopted by a municipality until the Committee has determined the proposal to be generally consistent with the stated goals, objectives, and policies of the Regional Comprehensive Plan, as outlined in § 56-11C below.
C.
General consistency determination and review. Following
the submission of any proposed zoning ordinance or map amendment,
the Committee shall determine if the submission is generally consistent
with the Regional Comprehensive Plan. Opinions rendered on the matter
of general consistency shall be done by simple majority vote.
(1)
The general consistency determination shall include
the identification of any fair-share requirements that may be compromised
by the proposed zoning ordinance or map amendment.
(2)
Where the Committee has determined the proposed zoning
ordinance or map amendment is generally consistent with the Regional
Comprehensive Plan and does not compromise any fair-share issues,
written notice shall be provided to the manager or secretary of the
municipality submitting the proposal so that the municipality may
proceed with adoption of the proposed zoning ordinance or map amendment.
(a)
As part of the general consistency notification,
the Committee may submit additional review comments regarding the
proposal. These additional review comments are advisory only and shall
be directed to the Manager or Secretary of the municipality proposing
the ordinance change or map amendment for distribution to the appropriate
boards, consistent with the municipality's review process.
(3)
Where the Committee has determined the proposed zoning
ordinance or map amendment is not generally consistent with the Regional
Comprehensive Plan, the Committee shall notify the manager or secretary
of the municipality submitting the proposal. The notice shall be in
writing and include the following:
(a)
A statement of the identified inconsistency(ies)
and an indication of what change could be made to the proposal to
eliminate the conflict.
(b)
An indication of whether or not the proposed zoning ordinance or map amendment will compromise the fair-share requirements of the region. Upon receipt of notification, the municipality submitting the proposal may either modify the proposed zoning ordinance or map amendment to eliminate the inconsistency(ies) and/or fair-share issue and resubmit the proposal consistent with this section, or initiate a request to amend the Regional Comprehensive Plan in accordance with § 56-12B.
It is the responsibility of the Committee to
update, revise and prepare amendments to the Regional Comprehensive
Plan, as well as redefining the designated growth area, future growth
area, and rural resource area within the plan, consistent with the
following:
A.
Comprehensive Plan update. At a minimum, the Committee
shall undertake a review of the Regional Comprehensive Plan on a schedule
pursuant to Article III of the Pennsylvania Municipalities Planning
Code and shall update the plan as the results of such review may indicate.
B.
Requests for Comprehensive Plan amendment. A request
to amend the Regional Comprehensive Plan may be made by a participating
municipality at any time, consistent with the following:
(1)
Requests for a Comprehensive Plan amendment shall
include a summary of the change requested and the supporting rationale
for the proposed change.
(2)
Consistent with the request of the participating municipality,
the Committee shall prepare an amendment to the Comprehensive Plan.
(3)
Prior to forwarding the proposed Comprehensive Plan
amendment to the participating municipalities for consideration, the
Committee shall:
(4)
Once the above requirements have been satisfied, the
proposed Comprehensive Plan amendment shall be forwarded to the governing
body of each participating municipality for consideration. The proposal
shall be forwarded and include: any effects on the fair-share requirements
of the region; all comments submitted by the county, contiguous municipalities,
and the local school district(s); and a recommendation of the Committee,
based upon a roll call vote.
(5)
At a minimum, the governing bodies of each participating
municipality shall hold a public hearing on a biannual schedule during
the months of May and November, pursuant to Section 302 of the Pennsylvania
Municipalities Planning Code, Act 247, to consider all Comprehensive
Plan amendments prepared by the Committee should any be pending.
(6)
Beyond considering Comprehensive Plan amendments at
the predetermined meetings outlined above, municipalities may consider
Comprehensive Plan amendments at any time.
(7)
The municipality proposing the Comprehensive Plan
amendment shall not pass a resolution approving the Comprehensive
Plan amendment until all other participating municipalities have approved
the amendment.
(8)
Following approval of the Comprehensive Plan amendment
by all other participating municipalities, the municipality proposing
the amendment may adopt the amendment.
(9)
Within two years from the date on which the proposing
municipality adopts the amendment to the plan, all participating municipalities,
including the proposing municipality, shall adopt such amendments
to their respective comprehensive plans, zoning ordinances, and/or
subdivision and land development ordinances as may be necessary to
bring the same into general consistency with the adopted amendment
to the plan.
(10)
Should any participating municipality deny the proposed Comprehensive Plan amendment, dispute resolution, as identified in § 56-19, shall be exercised for at least 90 days in an attempt to resolve the conflict: provided, however, that dispute resolution may be exercised at any time and for any time period mutually agreed upon by the participating municipalities.
(11)
To be in effect, any and all amendments to the
plan must be unanimously approved by resolution by all participating
municipalities pursuant to the Comprehensive Plan amendment requirements
of Section 302 of the Pennsylvania Municipalities Planning Code, Act
247.
All municipally prepared master plans shall
be submitted to the Committee for review and comment in compliance
with the following process:
A.
Submittal. Municipally prepared master plans shall
be submitted to the Committee in sufficient time to allow for review
and comment.
B.
Consistency determination. The Committee shall review
the master plan for general consistency with the Pottstown Metropolitan
Regional Plan. The review comments of the Committee are advisory only.
C.
Review. The Committee shall review the master plan
for impacts of regional significance, and shall direct its comments
in writing to the manager or secretary of the municipality submitting
the master plan.
The participating municipalities shall have
the authority to adopt a specific plan for the systematic implementation
of the Pottstown Metropolitan Regional Comprehensive Plan for any
nonresidential area covered by the plan.
A.
Submittal. Municipally prepared specific plans or
their amendments shall be submitted to the Committee for review and
comment.
B.
Consistency determination. The Committee shall review
the specific plan or its amendments for general consistency with the
regional plan and for impacts of regional significance. No specific
plan or its amendment may be adopted that is not generally consistent
with the regional plan.
(1)
Where the Committee has determined that the specific
plan or its amendment is not in general compliance with the regional
plan, the Committee shall notify the municipality in writing identifying
the inconsistency(ies) and an indication of what change or changes
could be made to eliminate the conflict.
C.
Adoption. Provided that the specific plan or specific
plan amendment is in general compliance with the adopted regional
plan, the municipality shall adopted the specific plan or plan amendment
in accordance with the process as provided in Article XI of the Pennsylvania
Municipalities Planning Code.
Each of the Pottstown Metropolitan Region municipalities
shall retain its own municipal planning commission. Its functions
are not modified by this article.
Each municipality shall retain its individual
zoning hearing board. Its functions are not modified by this article.
Each municipality shall retain and administer its own individual zoning code and zoning map. Any municipality may revise its' zoning map or amend its zoning code unilaterally provided said revision is generally consistent with the plan. All proposed zoning text or map amendments that effect a change of existing use, residential density and/or commercial intensity standards, however, shall be submitted the Committee for review and determination, under § 56-11 of the article, as to whether the proposed amendments are generally consistent with the plan.
A.
Any proposed zoning text or map amendment that is not generally consistent with the Pottstown Metropolitan Regional Comprehensive Plan, as determined by the Committee, may only occur following a corresponding amendment to the plan consistent with § 56-12 of this article.
B.
In the case of zoning changes made by a municipality withdrawing from the Regional Planning Committee, any such changes made during the one-year withdrawal waiting period, as provided by § 56-7 of the article, shall be made in compliance with this article so as not to invalidate any portion of the plan.
An amendment to this implementation agreement
may be made only with the unanimous consent of all of the participating
municipalities, each of which shall execute the amendment.
A.
No amendment to this article shall be generally inconsistent
with the Regional Comprehensive Plan. Any amendment that is not generally
consistent with the Regional Comprehensive Plan shall be void.
B.
A true and complete copy of every amendment of this
implementation agreement shall be provided to the Committee and to
each participating municipality within 10 days of the full execution
thereof or its effective date, whichever is sooner.
In instances where a dispute arises between
two or more municipalities as to the interpretation of the Regional
Comprehensive Plan or over proposed amendments to the plan or the
adoption of a specific plan and/or its amendment(s), the Committee
shall mediate said dispute. Dispute resolution by the Committee shall
be undertaken only by a nondisputing member or members of the Committee.
If there is no nondisputing member of the Committee available or willing
to mediate, the services of the Montgomery County Planning Commission,
Chester County Planning Commission, or other outside mediation service
shall be engaged to mediate. The engagement of any of the latter shall
be by majority vote of all members of the Committee (not just a quorum),
including disputing members.
