An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in subdivision and land development, providing for potentially impacted municipalities and further providing for approval of plats and for completion of improvements or guarantee thereof prerequisite to final plat approval; providing for developments of regional significance and impact; and, in zoning hearing board and other administrative proceedings, further providing for jurisdiction.

PRIOR PRINTER'S NO. 2170 PRINTER'S NO. 2717
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1764
Session of
2025
INTRODUCED BY MADDEN, FREEMAN, PROBST, T. DAVIS, WEBSTER, HILL-
EVANS, HOWARD, D. WILLIAMS, CIRESI, OTTEN, BRENNAN,
SCHLOSSBERG, CURRY, BOROWSKI AND GREEN, JULY 24, 2025
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 17, 2025
AN ACT
Amending the act of July 31, 1968 (P.L.805, No.247), entitled
"An act to empower cities of the second class A, and third
class, boroughs, incorporated towns, townships of the first
and second classes including those within a county of the
second class and counties of the second through eighth
classes, individually or jointly, to plan their development
and to govern the same by zoning, subdivision and land
development ordinances, planned residential development and
other ordinances, by official maps, by the reservation of
certain land for future public purpose and by the acquisition
of such land; to promote the conservation of energy through
the use of planning practices and to promote the effective
utilization of renewable energy sources; providing for the
establishment of planning commissions, planning departments,
planning committees and zoning hearing boards, authorizing
them to charge fees, make inspections and hold public
hearings; providing for mediation; providing for transferable
development rights; providing for appropriations, appeals to
courts and penalties for violations; and repealing acts and
parts of acts," in subdivision and land development,
providing for potentially impacted municipalities and further
providing for approval of plats and for completion of
improvements or guarantee thereof prerequisite to final plat
approval; providing for developments of regional significance
and impact; and, in zoning hearing board and other
administrative proceedings, further providing for
jurisdiction.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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Section 1. The act of July 31, 1968 (P.L.805, No.247), known
as the Pennsylvania Municipalities Planning Code, is amended by
adding a section to read:
Section 502.2. Potentially Impacted Municipalities.--(a) A
person who proposes a subdivision or development of land shall,
within 10 days of submitting an application for preliminary plat
approval, inform the county or regional planning commission and
the governing body of each contiguous municipality in writing
that the person's application may constitute a development of
regional significance and impact if the application proposes a
development listed under section 506-B(b).
(b) Within 30 days of receiving a notification under
subsection (a), a potentially impacted municipality or the
county or regional planning commission may request an impact
analysis under section 507-B.
Section 2. Section 508 of the act is amended by adding a
paragraph to read:
Section 508. Approval of Plats.--All applications for
approval of a plat (other than those governed by Article VII),
whether preliminary or final, shall be acted upon by the
governing body or the planning agency within such time limits as
may be fixed in the subdivision and land development ordinance
but the governing body or the planning agency shall render its
decision and communicate it to the applicant not later than 90
days following the date of the regular meeting of the governing
body or the planning agency (whichever first reviews the
application) next following the date the application is filed or
after a final order of court remanding an application, provided
that should the said next regular meeting occur more than 30
days following the filing of the application or the final order
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of the court, the said 90-day period shall be measured from the
30th day following the day the application has been filed.
* * *
(8) If the governing body, or planning agency designated
to review applications under this article, requires an
applicant to prepare and remit an impact analysis under
Article V-B within 45 days of receipt of a preliminary
application for approval of a plat, the period for review
under this section shall not begin until the municipality
determines that the proposed development is not a development
of regional significance and impact or the applicant submits
a written mitigation plan under section 509-B. If a
municipality determines that the proposed development is not
a development of regional significance and impact, the period
of review shall be 90 days and begin on the date that the
decision is communicated to the applicant. If a mitigation
plan is required, the period of review shall be 120 days and
shall begin on the date that the applicant submits the
mitigation plan.
Section 3. Section 509(a) of the act is amended to read:
Section 509. Completion of Improvements or Guarantee Thereof
Prerequisite to Final Plat Approval.--(a) [No] In addition to
any condition imposed by a decision under section 511-B(d)(2),
no plat shall be finally approved unless the streets shown on
such plat have been improved to a mud-free or otherwise
permanently passable condition, or improved as may be required
by the subdivision and land development ordinance and any
walkways, curbs, gutters, street lights, fire hydrants, shade
trees, water mains, sanitary sewers, storm sewers and other
improvements as may be required by the subdivision and land
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development ordinance have been installed in accordance with
such ordinance. In lieu of the completion of any improvements
required as a condition for the final approval of a plat,
including improvements or fees required pursuant to section
509(i), the subdivision and land development ordinance shall
provide for the deposit with the municipality of financial
security in an amount sufficient to cover the costs of such
improvements or common amenities including, but not limited to,
roads, storm water detention and/or retention basins and other
related drainage facilities, recreational facilities, open space
improvements, or buffer or screen plantings which may be
required. The applicant shall not be required to provide
financial security for the costs of any improvements for which
financial security is required by and provided to the Department
of Transportation in connection with the issuance of a highway
occupancy permit pursuant to section 420 of the act of June 1,
1945 (P.L.1242, No.428), known as the "State Highway Law."
* * *
Section 4. The act is amended by adding an article to read:
ARTICLE V-B
DEVELOPMENTS OF REGIONAL SIGNIFICANCE AND IMPACT
Section 501-B . Purposes.
The purposes of this article are:
(1) To authorize a comprehensive and coordinated review
by a municipality regarding a proposed development of
regional significance and impact.
(2) To evaluate and mitigate potentially adverse impacts
on community services, the economy, the environment,
community character, transportation and infrastructure as a
result of a development of regional significance and impact.
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(3) To develop cost-effective and reasonable
accountability measures regarding a development of regional
significance and impact.
(4) To encourage timely, well-communicated and well-
coordinated procedures to consider and authorize a
development of regional significance and impact.
(5) To encourage planning consistent with section 27 of
Article I of the Constitution of Pennsylvania.
Section 502-B . Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"DATA CENTER." ALL OR PART OF A FACILITY COMPOSED OF ONE OR
MORE BUSINESSES, OWNERS OR TENANTS, AND THAT MEETS ALL OF THE
FOLLOWING:
(1) IS PREDOMINANTLY USED TO HOUSE WORKING SERVERS OR
SIMILAR DATA STORAGE SYSTEMS.
(2) HAS AN UNINTERRUPTIBLE ENERGY SUPPLY OR GENERATOR
BACKUP POWER, OR BOTH, COOLING SYSTEMS, TOWERS AND OTHER
TEMPERATURE CONTROL INFRASTRUCTURE.
(3) HAS A PEAK DEMAND OF 25 MEGAWATTS OR GREATER.
"Department." The Department of Transportation of the
Commonwealth.
"Earth disturbance activity." A construction or other human
activity, done for the purpose of land development, that
disturbs the surface of land.
"Host municipality." A municipality in which a proposed land
development will be located.
"Intermodal terminal." An area or building where the
transportation mode for freight or passengers changes.
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"Petroleum storage facility." A facility used to store
gasoline, motor fuel or other petroleum products with a capacity
of more than:
(1) fifty thousand barrels, if the facility is within
1,000 feet of a water supply; or
(2) two hundred thousand barrels.
"Quarry." An open excavation used for extracting minerals,
rock, stone, sand, gravel or building materials.
"Truck stop facility." An establishment that provides fuel,
parking and related goods and services to primarily support
truck transportation with at least:
(1) six diesel pumps;
(2) five acres of truck parking; or
(3) twenty truck parking spaces.
"Warehouse facility." A logistical, storage or distribution
facility, including a truck terminal, fulfillment center or
facility containing cross docking operations.
"Waste-handling facility." A structure or system designed
for the collection, processing or disposal of solid waste,
including hazardous wastes. The term includes a transfer
station, processing plant, recycling plant and disposal system.
Section 503-B . Applicability of article.
Unless this article specifically provides to the contrary,
this article supplements this act and does not supersede any
other provision of this act or other law.
Section 504-B . Scope of article.
(a) Nonapplicability.--This article shall not apply to a
person or legal entity that is regulated by any of the following
acts:
(1) The act of May 31, 1945 (P.L.1198, No.418), known as
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the Surface Mining Conservation and Reclamation Act.
(2) The act of April 27, 1966 (1st Sp.Sess., P.L.31,
No.1), known as The Bituminous Mine Subsidence and Land
Conservation Act.
(3) The act of September 24, 1968 (P.L.1040, No.318),
known as the Coal Refuse Disposal Control Act.
(4) The act of December 18, 1984 (P.L.1069, No.214),
known as the Coal and Gas Resource Coordination Act.
(5) The act of December 19, 1984 (P.L.1093, No.219),
known as the Noncoal Surface Mining Conservation and
Reclamation Act.
(6) 58 Pa.C.S. Ch. 32 (relating to development).
(b) Construction.--
(1) If a land development specified in section 506-B
requires access to a State highway, nothing in this article
shall be construed to supersede the department's exclusive
jurisdiction over the State highway system or to modify the
requirements in the department's regulations relating to
highway occupancy permits.
(2) A developer seeking access to a State highway must
submit a complete highway occupancy permit application to the
department's electronic permitting system, including the
submission of a transportation impact study in accordance
with the department's guidelines.
Section 505-B. (Reserved).
Section 506-B. Impact analysis.
(a) Duty to prepare.--The governing body of a host
municipality, or the planning agency designated to review
applications under Article V on behalf of a host municipality,
shall require an applicant to prepare and submit an impact
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analysis under section 507-B as a condition of receiving
preliminary approval for land development if the governing body
or planning agency determines that it is reasonably likely that
subsection (b) applies or the governing body or planning agency
has received a notification from a county or regional planning
agency under section 502.2(b).
(b) Types of development.--An impact analysis under section
507-B shall be required if a proposed land development consists
of any of the following:
(1) an airport;
(2) A DATA CENTER;
(2) (3) an intermodal terminal;
(3) (4) a petroleum storage facility;
(4) (5) a waste-handling facility or the cumulative
expansion of an existing waste-handling facility that occurs
during any three-year period and creates a significant
degradation in the level of service with respect to traffic
impact, as determined by regulations established by the
department;
(5) (6) a quarry or the cumulative expansion of an
existing quarry that occurs during any three-year period and
creates a significant degradation in the level of service
with respect to traffic impact, as determined by regulations
established by the department;
(6) (7) a truck stop facility that creates a significant
degradation in the level of service with respect to traffic
impact, as determined by regulations established by the
department;
(7) (8) a warehouse facility that creates a significant
degradation in the level of service with respect to traffic
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impact as determined by regulations established by the
department;
(8) (9) a land development in a watershed that is
unstudied under the act of October 4, 1978 (P.L.864, No.167),
known as the Storm Water Management Act, and involves at
least 100 acres of contributory watershed that is upstream
from the land development and at least 25 acres in total land
area of earth disturbance activity associated with the land
development;
(9) (10) a land development in which the permittees of
the receiving sewerage facilities for the development have
submitted information that documents that the existing
collection, conveyance and treatment system have an existing
hydraulic or organic overload or five-year projected
overload;
(10) (11) a land development in which the permittees of
the collection, conveyance and treatment system receiving
facilities have certified to the host municipality that there
is not capacity to receive and treat sewage flows from the
development or that the additional wasteload from the
development will create a hydraulic or organic overload or
five-year projected overload ; or
(11) (12) a land development within a host municipality
that will result in:
(i) In the case of a municipality with a population
of 10,000 or more as determined by the most current
decennial census:
(A) the generation of 3,000 or more average
daily trips or 1,500 vehicles per day; or
(B) a significant impact on highway safety or
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traffic flow, as determined by standards established
by the department.
(ii) In the case of a municipality with a population
of less than 10,000 as determined by the most current
decennial census:
(A) a significant impact on highway safety or
traffic flow, as determined by standards established
by the department;
(B) the generation of 3,000 or more average
daily trips or 1,500 vehicles per day;
(C) the generation of 100 or more vehicle trips
entering or exiting the development during any one-
hour time period of any day of the week; or
(D) for an existing site being redeveloped, the
generation of 100 or more additional vehicle trips
entering or exiting the development during any one-
hour time period of any day of the week.
Section 507-B . Contents of impact analysis.
(a) Submission.--An applicant shall submit an impact
analysis to the host municipality as required by section 506-B .
(b) Costs.--An applicant shall be responsible for all costs
involving the preparation and review of the impact analysis.
(c) Contents.--An impact analysis under this section shall
analyze the effect of the proposed land development on the host
municipality and other affected municipalities and shall address
all of the following:
(1) A list of contiguous and affected municipalities and
counties as determined by the applicant.
(2) The financial impact regarding any expanded
emergency and infrastructure services, including services
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regarding police, fire, ambulance, medical care, sewer,
water, transportation and utilities.
(3) The disturbance of agricultural areas, forested
areas and greenfields.
(4) The effect on natural resources, historic resources
and tourism, including parks, open spaces, historic
structures, ethnic heritage sites, the character of
neighborhoods and areas, historic landscapes, scenic views
and wildlife habitats.
(5) The effect on residential housing opportunities,
including property values and the potential number and
character of new housing units.
(6) The redevelopment of brownfields or greyfields.
(7) The likelihood that the proposed land development
will spur other land development in the area.
(8) Subject to traffic impact guidelines developed by
the department, the effect on transportation and
transportation infrastructure. Consideration shall be given
to trip generation, trip distribution and area
municipalities.
(9) Any other matter that is required by an applicable
provision in the municipal or multimunicipal ordinance that
governs the host municipality or that is covered by an
applicable provision in the municipal, multimunicipal or
county comprehensive plan for the host municipality.
(d) Distribution.--The impact analysis shall be distributed
to all contiguous and affected municipalities and counties as
described in subsection (c)(1) at least 10 days prior to the
public hearing in section 508-B.
Section 508-B . Classification as development of regional
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significance and impact.
(a) Notice of public hearing.--
(1) In addition to any other notice requirement under
this act, a host municipality shall provide timely written
notice of the public hearing under this section to:
(i) each contiguous municipality; and
(ii) each municipality that is potentially impacted
by the proposed land development and identified in the
impact analysis under section 507-B .
(2) The notice shall specify that the host municipality
is considering whether to classify the proposed land
development as a development of regional significance and
impact.
(b) Public hearing.--
(1) A host municipality shall conduct a public hearing
to review the impact analysis under section 507-B and
determine whether the proposed land development is a
development of regional significance and impact.
(2) A representative from a municipality receiving
notice under subsection (a) may provide public comment to the
host municipality regarding the issue of whether to classify
the proposed land development as a development of regional
significance and impact.
(c) Decision .--The process by which a host municipality
decides whether to classify a proposed land development as a
development of regional significance and impact shall include
the following:
(1) The host municipality shall specifically consider
the potential direct impacts on other municipalities.
(2) The host municipality shall issue its decision in
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writing and provide specific reasons supporting its decision .
(d) Effect.--Once a proposed land development is classified
as a development of regional significance and impact, the
proposed land development shall be subject to the provisions of
this article.
(e) Waiver.--The requirements of subsections (a), (b) and
(c) may be waived if the applicant agrees in writing with the
host municipality's proposed designation that the application
constitutes a development of regional significance and impact
for the purposes of this article.
Section 509-B . Mitigation plan.
(a) Submission.--An applicant must submit to the host
municipality a written mitigation plan that explains the nature
and extent of mitigation efforts to address any known or
potential harm or negative effect cited by the host municipality
in the classification of the proposed land development as a
development of regional significance and impact under section
508-B .
(b) Professional review.--An applicant must demonstrate that
the mitigation plan submitted under this section has been
reviewed and written comments have been prepared for the host
municipality regarding the effect of the proposed mitigation
measures on the public health, safety and welfare by:
(1) A traffic engineer.
(2) An individual who is:
(i) licensed in this Commonwealth to perform
services or activities related to the provisions of this
article; and
(ii) qualified by training and experience to perform
such services or activities with technical competence.
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(c) Costs.--An applicant shall pay for all costs involving
the preparation and review of the mitigation plan.
Section 510-B . Coordinated and expedited review.
(a) Request.--An applicant may request a coordinated and
expedited review of any aspect of a proposed development of
regional significance and impact by the department, the
Department of Environmental Protection or any other governmental
entity whose approval is required for the proposed development.
(b) Governmental cooperation.--The department, the
Department of Environmental Protection or any other governmental
entity whose approval is required for the proposed land
development shall ensure adequate communication and cooperation
by and between the governmental entities.
(c) Submission of information.--In consultation with the
department, the Department of Environmental Protection or any
other governmental entity whose approval is required for the
proposed land development, an applicant shall submit to each
governmental entity the necessary information for review of the
proposed land development.
(d) Report.--Within 45 days after submission of all the
necessary information under subsection (c) for a coordinated and
expedited review, a governmental entity receiving the
information shall prepare a written report of findings, comments
and recommendations regarding the proposed land development and
send the report to the applicant and host municipality.
(e) Discretion of governmental entity.--
(1) Nothing in this section shall be construed to
require the department, the Department of Environmental
Protection or any other governmental entity whose approval is
required for the proposed land development to conduct a
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coordinated and expedited review.
(2) Upon the written consent of the applicant, the
department, the Department of Environmental Protection or
other governmental entity whose approval is required for the
proposed land development may extend the time period under
subsection (d).
(f) Fees.--
(1) An applicant shall pay for all fees involving
coordinated and expedited review of a proposed development of
regional significance and impact under this section.
(2) Unless the applicant agrees otherwise, if the
department, the Department of Environmental Protection or any
other governmental entity whose approval is required for the
proposed land development cannot complete the coordinated and
expedited review and submit the report within the time period
under subsection (d), the governmental entity shall return to
the applicant the full amount of the fee collected under this
section.
Section 511-B . Municipal review and decision .
(a) Hearing required.--The host municipality shall conduct a
hearing to review a proposed development of regional
significance and impact.
(b) Considerations.--At the hearing the host municipality
shall consider all of the following:
(1) Subject to subsection (c), testimony and other
information from:
(i) The department.
(ii) The Department of Environmental Protection.
(iii) Other governmental entities whose approval is
required for the proposed land development.
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(iv) The county in which the host municipality is
located.
(v) Contiguous municipalities.
(vi) Municipalities that are potentially impacted by
the proposed land development.
(vii) Area school districts potentially impacted by
the proposed land development.
(viii) Concerned individuals, municipal and regional
planners, engineers, persons potentially impacted by the
proposed land development and other persons as determined
by the host municipality.
(2) The impact analysis under section 507-B and other
reports concerning the proposed land development.
(3) The mitigation plan under section 509-B .
(4) Whether the proposed land development is consistent
with an applicable provision in:
(i) a municipal, multimunicipal or county
comprehensive plan; and
(ii) a municipal or multimunicipal ordinance or
regulation.
(5) The totality of impacts regarding the proposed land
development and the cumulative effect of development on the
host municipality and affected municipalities.
(c) Testimony.--The host municipality may limit the
testimony to be presented at the hearing if the testimony is
repetitive.
(d) Decision .--Based on the testimony and other information
received with respect to a proposed development of regional
significance and impact, the host municipality shall render a
written decision under this section within 120 days of the
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submission of the mitigation plan. The host municipality's
decision may:
(1) Approve the proposed development.
(2) Approve the proposed development with conditions
attached. A condition shall be reasonably fashioned to
mitigate any impact or additional impact attributable to the
proposed development and shall bear a direct relationship to
the burden being imposed by the proposed development. A
condition may include offsite improvements to public
facilities. A condition may not involve any of the following:
(i) The correction of an existing deficiency in the
environment or public infrastructure.
(ii) A contribution or payment for the acquisition
of land or expansion of public facilities, unless the
host municipality's municipal ordinance contains the same
or a similar condition for development that is not
subject to this article.
(iii) The contribution or payment associated with
the cost of a municipal improvement that exceeds the
proposed development's proportionate share of the cost
established under this article or any applicable
provision of this act or other law or ordinance. By
accepting the proposed development's proportionate share,
the host municipality assures that the municipal
improvement will be made without any additional
contribution or payment from the applicant for that
purpose.
(3) Disapprove the proposed development.
(e) Reasons.--The host municipality shall provide specific
reasons that support its decision under subsection (d).
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(f) Conditions of approval.--A condition imposed under
subsection (d)(2) shall be deemed an improvement or other
condition necessary for final approval under section 509.
Section 512-B . Additional standards and criteria.
(a) Ordinance.--Nothing in this article shall be construed
to restrict a municipality from establishing additional
standards and criteria under this article by ordinance, in
conformity with this act, including:
(1) thresholds under subsection 506-B ;
(2) the contents of an impact analysis under section
507-B(c) ;
(3) the classification of a development of regional
significance and impact under section 508-B ; and
(4) considerations under section 511-B(b) .
(b) Adoption of ordinance.--
(1) Before voting on the enactment or amendment of a
proposed ordinance under this section, the governing body
shall hold a public hearing on the proposed ordinance
pursuant to public notice. A brief summary stating the
principal provisions of the proposed ordinance and a
reference to the place within the municipality where copies
of the proposed ordinance may be secured or examined shall be
incorporated in the public notice.
(2) Unless the proposed ordinance was prepared by the
planning agency, the governing body shall submit the
ordinance to the planning agency at least 30 days prior to
the hearing on the ordinance to provide the planning agency
an opportunity to submit recommendations.
(3) If a county or regional planning agency exists for
the county in which the municipality adopting the ordinance
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is located, the municipality shall submit, at least 30 days
prior to the public hearing on the ordinance, the proposed
ordinance to the county or regional planning agency for
recommendations.
(4) Within 30 days after adoption, the governing body of
a municipality, other than a county, shall forward a
certified copy of the ordinance to the county planning agency
or, in a county where no planning agency exists, to the
governing body of the county in which the municipality is
located.
(c) Changes.--Changes in the ordinance shall affect
applications as provided in section 508(4).
Section 513-B . Financial considerations.
(a) Applicant costs.--The host municipality or the county in
which the host municipality is located may provide financial
incentives to an applicant to mitigate the costs regarding an
impact analysis, a mitigation plan or a coordinated and
expedited review of a proposed development of regional
significance and impact.
(b) Revenue sharing.--The host municipality shall develop a
revenue sharing plan for contiguous municipalities adversely
affected by an approved development of regional significance and
impact as a result of additional expenses incurred for police
and fire protection, medical services, road maintenance and
infrastructure.
(c) Professional review.--If a host municipality lacks
capacity regarding the professional review of the proposed land
development plans, the impact analysis or the mitigation plan,
the county in which the host municipality is located shall
determine whether and the extent to which the county can assist
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the host municipality with the professional review.
Section 514-B . Notice generally.
Except as otherwise provided in this article, this act shall
govern notice of a public hearing, hearing or decision . Written
notice shall be given to the applicant, an owner of property
that is contiguous to the proposed land development and other
person requesting a copy of the notice. A municipality shall
provide, as appropriate, timely written notification to a
contiguous municipality, municipality or area school district
potentially impacted by the proposed land development.
Section 515-B . Appeals.
(a) Jurisdiction.--An appeal of a decision under section
511-B must be filed with the court of common pleas of the county
in which the host municipality which made the decision is
located.
(b) Parties.--An appeal under this section shall be limited
to those parties that appeared before the host municipality at
the hearing.
(c) Review.--The review of the decision under section 511-B
shall be governed by Article X-A.
(d) Mediation.--Parties to a contested case may use
mediation as an aid to a formal appeal, in which case the
provisions of section 908.1 shall govern.
Section 5. Section 909.1(b) of the act is amended by adding
a paragraph to read:
Section 909.1. Jurisdiction.--* * *
(b) The governing body or, except as to clauses (3), (4) and
(5), the planning agency, if designated, shall have exclusive
jurisdiction to hear and render final adjudications in the
following matters:
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* * *
(8) Applications for a proposed land development under
Article V-B .
Section 6. This act shall take effect in six months.
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