House Resolution No. 897 of 2006 directed the Joint State Government Commission to conduct an in-depth investigation into the September 19, 2006 landslide in Kilbuck Township, Allegheny County, and thoroughly review the applicable state and local permit and approval processes. The resolution authorized the Commission to create a legislative Task Force and Advisory Committee and compile a report based on the findings and recommendations of the Task Force. In June 2008, the Commission published a report titled The Kilbuck Township Landslide: Findings and Recommendations, which contained background information and a summary of relevant statutory law, case law and regulations, along with proposed legislation (the Geologically Hazardous Areas Act).
House Resolution No. 845 of 2008 authorized the Joint State Government Commission to reconstitute the Task Force and Advisory Committee established under House Resolution No. 897 of 2006 to conduct an in-depth study of the subject of developments of regional significance and impact. House Resolution No. 845 explained that the Commission report of June 2008 “acknowledged that further consideration, discussion and analysis should be given to the subject of developments of regional significance and impact” since that subject was addressed only briefly in the report.
This report contains proposed legislation that amends the MPC by adding a new article regarding developments of regional significance and impact. The proposed legislation contains official comments, which may be used in determining the intent of the General Assembly. In light of the proposed legislation, conforming amendments are proposed to the MPC. Provisions regarding the effective date of the proposed legislation follow the conforming amendments. This report also contains the following:
(1) Current provisions from the MPC related to the subject of developments of regional significance and impact, including specific provisions regarding land development, comprehensive plans, intergovernmental cooperative planning and implementation agreements, mediation and appeals.
(2) Provisions regarding level of service and transportation impact study warrants from the Pennsylvania Department of Transportation guidelines, contained in Policies and Procedures for Transportation Impact Studies.
(3) A summary of the statutory provisions regarding storm water management in Pennsylvania.
(4) A summary of the statutory provisions regarding sewage facilities in Pennsylvania.
(5) The Pennsylvania Department of Community and Economic Development’s Keystone Principles and Criteria for Growth, Investment and Resource Conservation.
(6) A summary of the implementation agreements from the Centre Region, the Pottstown Metropolitan Region and the Phoenixville Region.
(7) Background information regarding the American Law Institute Model Land Development Code, as discussed in the American Planning Association’s Growing Smart Legislative Guidebook.
(8) Examples from other states and jurisdictions, including Colorado, Florida, Georgia, Maine, the Cape Cod Commission in Massachusetts, the Metropolitan Council of the Twin Cities in Minnesota, New Hampshire, Vermont and Washington.
(9) A summary of the Advisory Committee deliberations, including background information reviewed, a summary of the deliberations of the five subcommittees created and an explanation of how the legislation was developed.
(10) An appendix containing House Bill No. 613 of 2011 (Printer’s No. 597) and House Resolution No. 845 of 2008.