The Crash Course for Municipal Planning Commission Members in Cumberland County 1

We know we’re cool…but stop the tagging! It hurts our public image. 2

Combination of background information and detailed technical “how to” information 3-night course, 7.5-hours total: 100 Level Course – Basic PC member background and orientation 200 Level Course – Comp plan preparation, ordinance review, and S/LD review “how to” 300 Level Course – Administration “how to” and emerging issues 3

S/LD application review and comment Process What to look for Helpful tips Ordinance preparation and review Purpose Process Helpful tips Comprehensive plan preparation and amendment Contents Purpose Preparation Implementation 4

A Brief Regression to the 100 Level Course 5

Policy guide that is a “blueprint” for the future Considers all aspects of a community Required for counties and municipalities that choose to plan Required review every 10 years 6

Regulates type of use, size, height, bulk, density, location and intensity/density of use Must provide for “fair share” of all uses 7

Provide a legal framework and process for the orderly division and improvement of land Resulting plans serve as public record of land ownership and associated improvements Typical components Plan submission procedures (sketch, preliminary, final) Site planning and design requirements Required improvements Recording procedures Mobile home park standards Construction and improvement assurances 8

Comp plan holds no regulatory authority but is the foundation upon which zoning and SALDO should be based Zoning standards cannot be waived by GB Variance from Zoning Hearing Board Amendment to zoning ordinance text/map Requirements of the SALDO may be “waived” or “modified” by GB SALDO and zoning may contain similar standards and should be coordinated 9

The Devil’s in the Details 10

Evaluate if a proposal meets the standards identified in the subdivision and land development ordinance (SALDO), zoning ordinance and other applicable regulations “Big picture” non-ordinance review Consider waivers requested by the applicant Provide opportunities for public comment and review Recommend appropriate course of action to the GB Give backing to GB actions Vet details of plan Provide sound recommendation 11

Municipal authorities Utilities State agencies (DEP, PennDOT, etc) County Conservation District County Planning Department Residents, business owners, and neighbors Adjacent municipalities 12

13 Plan Submission Required time before PC meeting Must be "administratively complete" PC Review Starts 90 day review period for entire process Concurrent review by other agencies Communicate recommendation to GB GB Action Must occur within 90 day period Extensions can be granted Applicant Notification Must occur within 15 days of decision to communicate decision Record Plan Must occur within 90 days of plan approval

Be prepared Review plan before the meeting Review staff comments before meeting Visit site before meeting Ask questions of applicant and municipal staff Consider impacts from the neighbor/citizen point of view Request changes to the plan where: Plan does not meet ordinance “Common sense” non-ordinance improvements 14

Did you consider….? Would you do….if asked.? Why did you….? Why didn’t you….? When will….occur? 15

Community impacts Traffic Accessibility – car, bike, pedestrian, public transit Stormwater management / flooding Impervious coverage Environmental, general and specific Floodplains, wetlands, steep slopes, etc. Municipal services Neighboring properties Landscaping and lighting Ownership and maintenance of public/private facilities Easements, purpose and provisions 16

Incomplete drawings (i.e. no dimensions, incomplete grading, no land ownership info) Open ended notes (i.e. “as required”, as directed”) Required supporting documentation (i.e. traffic reports, stormwater reports) not on plan Constructability not considered Field data not complete (i.e. percs and probes, sight distances) 17

Has the applicant complied with the ordinance provisions? If the applicant has agreed to non-ordinance items, are they shown on the plan? Have all requisite approvals from stakeholders been secured or in process? Is there enough detail to bid it, build it, inspect and accept it, and create a permanent record of the site requirements? AFTER ANSWERING THESE ITEMS THE PC MAY RECOMMEND ACTION TO THE GB 18

Approval Approval with Conditions Reasonable Enforceable Routine (i.e. do not cause major plan changes) Denial Plan does not comply with ordinance provisions (cite ordinance references) Outside approvals not secure or underway Provide detailed justification Applicant could not or refused to make requisite changes 19

S/LD review checklists for PC, staff, and applicants ensure key elements are not missed in application or review Workshop meetings to provide for additional review time Site visits PC approval of minor plans 20

The Nature of the Beast 21

Change in Municipalities Planning Code Update to Comprehensive Plan Change in policy External Forces 22

Text Uses – Add or Delete Design Requirements Procedural Map Curative Amendment Challenges the validity of the ordinance 23

A. Single Family Detached B. Single Family Semi-Detached C. Two Family Detached D. Single Family Attached E. Group Home F. Day Care Facility G. Bed and Breakfast Inn 24 Permitted Uses by Right

Existing Off-Street Parking Regulations Amendment 25 UseMinimum Spaces Multi-Family Dwelling1.5 spaces / dwelling unit UseMinimum Spaces Multi-Family Dwelling2.0 spaces / dwelling unit plus 1 space per 5 dwelling units for guest parking.

Any subdivision which contains no more than five lots may be reviewed and acted upon as a Final Plan without the necessity of a prior Preliminary Plan approval. Plans must be submitted twenty (20) days prior to the planning commission meeting in order to be placed on the agenda. 26

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Governing Body Consider Amendment Municipal Planning Commission County Planning Commission Take No Action Application Denied 28

Governing Body schedules and advertises public hearing. Forward to municipal planning commission for review 30 days before public hearing. Forward to county planning commission for review 30 days before public hearing. Zoning Map Amendment: Property must be posted Notice mailed to area landowners 29

If amendment is “changed substantially”, hold another public hearing. If amendment approved, submit copy to County Planning Commission. 30

Justification: Is there a need for the change? Comprehensive Plan Consistency Impacts Text Amendment: Impact to ordinance / purpose of zone Map Amendment: Impact to site / region Get the data you need for decision making Include data requirements in zoning ordinance 31

Do not vote based on a proposed project. If map amendment, ensure you’re comfortable with all uses permitted in that zone. Once changed, any allowable use can be developed. Visit the site. Invite applicant to meeting. Through application process – ensure you have all data needed to make decision. Develop / use checklist. 32

33 REVIEW CRITERIACOMMENTS Justification  Assess if the applicant has demonstrated a valid need for the change other than economic.  Will the change benefit just the landowner or the community as a whole? Consistency with County and Municipal Plans Municipal  Consider consistency with various comp plan elements (FLU, Housing, Public Facilities, Transportation, etc).  Review the text of each land use category shown on the FLU map.  Consider consistency with the municipal Act 537 Plan. Is the proposal located in/out of an existing/proposed sewer service area?  Cite relevant pages in review memo County  Consider consistency with various comprehensive plan elements (FLU, Housing, Public Facilities, Transportation, etc).  Review the text of respective Character Area in the comp plan  Cite relevant pages in review memo Economic Impacts  What is the job creation potential of the proposal?  What are the tax revenue implications of the plan? Community Impacts Cumberland County Planning Department Ordinance Amendment Review Guide Map Changes

Text Amendment Justification Consistent with Comp Plan Impacts: Adding/Removing Use, Design Standards Burden to municipality: Administrative, Enforcement 34 Map Amendment Justification Consistent with Comp Plan Impacts: Environmental, Economic, Community, Transportation Mitigation Measures Legal Considerations

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Large number of variance/waiver requests. Large number of rezoning applications. Several new types of land uses or procedures. Comp plan is newer than the zoning ordinance 36

37 Your Community’s Roadmap to Success

Article 3 of the MPC authorizes comp plan preparation Section of the MPC assigns PC responsibility to prepare the comp plan Comp plan serves decision making foundation for all other PC duties S/LD review Ordinance amendments Not a required task for municipalities 38

Plans Land use Housing Transportation Community facilities Protection natural & historic resources Reliable supply of water Statements Community development goals & objectives Plan interrelationships Consistency Strategies Short & Long Term Background studies 39 Section 301 of the MPC provides required elements of a comprehensive plan:

Requirements for comp plan Generally consistent with: Neighbors & County comp plans Municipal zoning ordinance Reviewed every 10 years More often is better Doesn’t mean “updated every 10 years” Reviews & timeframes for adoption Comp plan = Policy, not a law or ordinance No required format / layout for comp plan No required method for achieving “MPC compliance” 40

How old is your comp plan? Does your comp plan still reflect a realistic vision for your community? Are there inconsistencies between your comprehensive plan and ordinances? Should your comp plan be updated? 41

Over 10 years old Zoning ordinance is newer than the comp plan Future land use map does not reflect zoning Repeated zoning map amendments What is being built does not reflect community character or desired results Lack of success with public funding opportunities 42

Full comp plan New comp plan or comprehensive update Most resource intensive Priority amendments to existing comp plan Limited to updating specific element / addressing specific issue within an existing comp plan Less resource intensive Mini-Comprehensive Plan Adopt county or “regional” comp plan for MPC compliance and then; Focus on specific element(s) / addressing specific issue(s) Less resource intensive 43

Hire a consultant Use in-house staff Use PC members County Planning Department Combination of all the above 44

Based on relevant, current information Consistent with all other ordinances Includes implementation plan with specific action steps Input from all community stakeholders Concise text supplemented by pictures and graphics Final product is easily distributable 45

Same Location, Same Time 46