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Growth Area and Resource Area Delineation
Appendix
The information in the appendix provides
the basis for the delineation of the growth and resource areas. Elements
forming the foundation for the delineation are: Pennsylvania enabling legislation,
experiences of the Mid-Bald Eagle Watershed (the region), highlights of
State and National experience (lessons learned), expectations for the region,
and the development suitability of the region.
Enabling Legislation
In the year 2000, the PAMPC, the state
planning enabling legislation was amended to allow regions to establish
designated growth areas, future growth areas, public infrastructures areas,
and rural resource areas (see the strategy glossary for the PAMPC definitions).
Article XI – Intergovernmental Cooperative Planning and Implementation
Agreements apply these terms in Sections 1101, 1103, and 1104 (see attached
excerpts). The legislation implies the need to complete the following activities:
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A comprehensive planning process as the
vehicle for designating growth areas, future growth areas, and rural resource
areas, completed either by the municipalities or at the request of the
municipalities by the county planning agency.
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A 20-year population growth projection
as a basis for the following:
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Reaching consensus on overall density
of development to determine the size of the growth area.
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Reaching consensus on the proportion of
new development to be accommodated within the growth area.
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Developing an economic analysis to determine
the amount of employment and tax base required to accommodate the needs
of the projected population.
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Developing an analysis of infrastructure
service areas to ensure adequate services will be available to the growth
areas at a reasonable cost.
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Designation of areas outside the growth
areas for the protection and conservation of rural resources based on the
following:
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An inventory of existing characteristics
of the resource area to determine future compatibility with existing conditions.
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A plan for meeting water, sewer, and stormwater
needs without the extension of public infrastructure.
Note: the MPC definition of infrastructure
does not include transportation infrastructure; however, this is an important
consideration in the delineation of growth areas, future growth areas,
and rural resource areas that should not be missed in the planning activities.
(The transportation connection is discussed in detail in the Functional
Roadway (Transportation) Classification System, Access Management Program,
and Traffic Calming Measures Strategies).
Experiences of the Mid-Bald Eagle Watershed
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In the year 2000 the Centre Regional Planning
Agency completed the Centre Region Comprehensive Plan for six of the 23
municipalities in the Watershed area: Patton, Halfmoon, Ferguson, Harris,
and College townships and State College Borough. The Centre Region Comprehensive
Plan delineated a growth area including State College Borough and contiguous
areas in the surrounding townships of the Region.
The designation of a growth area
is not new to the Centre Region; however, the 2000 Update "proposes a Regional
Growth Boundary that gives more weight to the importance of the areas identified
as appropriate for development; more specifically defines the limits of
the growth centers identified in the 1990 Plan; identifies those areas
where public utilities and services will be provided; and recommends that
areas outside of the Regional Growth Boundary be the focus of rural, open-space,
and farmland preservation efforts." (p. 3, Centre Region Comprehensive
Plan Update). Only Ferguson Township has effective agriculture zoning.
The future land use, future development patterns, transportation, and community
facility components are tied closely to the Regional Growth Boundary. The
Plan calls for the reevaluation of the growth boundary every five years.
Other communities through comprehensive
planning and zoning have designated areas for higher, lower densities of
growth and preservation. In most cases considerable development potential
is available in outlying areas. The changes to the PAMPC were made in 2000;
therefore, no communities have made adjustments to these changes.
Highlights of National and State Experience
Many states, counties, and regions
have used growth area planning across the U.S. The 20 year Oregon experience
is probably the most-notable and studied case. A handbook was developed
in 1995 to help correct problems with the original work and to help local
governments manage growth more effectively. This handbook is called "Oregon
Transportation and Growth Management Tools of the Trade" (Prepared by ODOT/DLCD
Transportation and Growth Management Program in 1995).
Problems identified with development
inside the urban growth boundaries offer valuable lessons for the Mid-Bald
Eagle Watershed area:
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Development occurred at lower densities
than planned
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Development became widely dispersed over
the growth area
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The development costs for improvement
of infrastructure systems was inconsistent between jurisdictions
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Public facilities became overburdened
in areas lacking a full range of urban services
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Development designs discouraged future
infill or redevelopment at higher intensities
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A lack of infill and redevelopment was
experienced in older urban areas.
Growth area planning is relatively new
to Pennsylvania. The longest history is the experience of Lancaster County
(other approaches have been developed at the county-level across the state,
examples include Chester County and York County). The County uses a four-step
process to establish urban growth boundaries (Lancaster County Growth Management
Plan – October 1997):
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Select proposed urban growth areas – centered
around one or more boroughs
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Develop 20-year population projection
for each affected municipality, the target population
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Determine land use needs for each municipality
(factors target population, average household size, average of 5.5 gross
units per acre- corresponds to local standards for medium density residential
development)
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Select appropriate areas for inclusion
within the Urban Growth Boundary (UGB) – a cross acceptance process is
used with the affected municipalities.
Similar to Centre County, Lancaster County
also recognized the importance of villages to the character of the county.
Village growth boundaries are used to direct rural growth into and adjacent
to these villages.
An important component of the Lancaster
County program is the implementation of a tool to assess progress – Growth
Tracking Reports. The reports are done annually. The list of specific recommendations
from the year 2000 report, highlight objectives of the program that are
not being met by all communities in the county. Unmet objectives include:
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Considerably less than 80% of all new
development is not going inside the urban growth boundaries (currently
only 36% is occurring in urban growth areas).
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All new development is not being connected
to public water and public sewer inside the urban growth boundaries (10
to 12% unconnected).
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The residential density target of 5.5
dwelling units per acre is not being met.
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Many rural municipalities have not established
village growth boundaries.
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Many villages do not have public water
and public sewer.
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Development is still occurring outside
growth boundaries – more land for fewer dwelling units.
The real lessons to be learned by the
region from both the National and State experience are the causes of these
problems:
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Fragmented system of decision–making authority
inside the UGBs (this problem will be hard to overcome in the PA style
of government without a strong commitment to intergovernmental cooperation.)
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Lack of minimum standards applied to urban
services on a regional basis
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Insufficient funds for public facility
investment
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Insufficient coordination between urban
service providers and land use planners
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Inflexible and often counter productive
development regulations.
While growth management may begin with
the delineation of growth areas, future growth areas and the rural resource
areas, avoiding the pitfalls will require the implementation of many of
the strategies identified in this Land Use and Sustainability Plan.
Expectations of the Region
The Vision 2020: Living with I-99 objectives
and vision statement highlight expectations for the region. Many
of these expectations relate to the management of growth and development
in the region. The benefits of the growth area and resource area delineation
strategy are:
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Creates an identifiable urban and rural edge
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Provides for the rational extension of urban
services, which allows a direct link between land use planning and infrastructure
planning (includes transportation planning)
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Preserves rural lands, which lessens speculation
for urban development purposes and facilitates the acquisition of open
space and farmland
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Discourages abandonment of older neighborhoods
and promotes reinvestment
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Protects natural areas
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Reduces the number and length of automobile
trips and encourages alternative means of transportation.
One word of caution: the delineation of growth
areas and resource areas is not a "no-growth" tool. The delineation indicates
where the majority of the growth is most appropriate (growth area); however,
development will still occur in the rural resource area but the growth
will be less dense and intense.
Development Suitability of the Region
A development suitability analysis was
completed for the region as a part of the GIS activities for the Land Use
and Sustainability Plan. The maps and the map description is provided in
the Map Book at the end of this document. The analysis provides a map of
the region that shows a range of development suitability categories from
very low to high development suitability. Variables considered in the analysis
represented major elements of sustainable development (economic, environmental,
transportation, and community factors) as determined through the Vision
2020 planning process. This mapping would aid municipalities and planners
as they proceed to delineate growth areas and resources areas (note the
map should be updated with the latest land use data as a result of the
Centre County Comprehensive Planning Process and local priorities). The
higher the suitability the greater the potential for a specific area’s
inclusion in a growth or future growth area; conversely, the lower the
suitability the greater the potential for inclusion in a rural resource
area.
The resultant map shows high suitability
values around the interchange areas of
I-99, the existing urban center of the
Centre Region and the region’s boroughs and villages. Medium suitability
appears to follow the path of the roadway network – clearly demonstrating
the potential affect roadways will have on land use patterns if left uncontrolled.
The natural and environmental features and the lack of a fully developed
roadway network are the determining factors of the areas of low suitability.
As a result of the Conservation, Preservation,
and Protection Technical Advisory Committee work, it was recommended that
an alternative and perhaps more valuable approach would be the development
and use of a critical lands analysis. A similar technique to the development
suitability analysis is used; however, the focus is on environmental and
cultural resources. This tool may be used instead of the development suitability
analysis (see the Open Lands Prioritization and Management Strategy).
Glossary of Terms:
The following terms are from the PA Municipalities
Planning Code:
Designated growth area: a region within
a county or counties described in a municipal or multimunicipal plan that
preferably includes and surrounds a city, borough or village, and within
which residential and mixed use development is permitted or planned for
at densities of one unit to the acre or more, commercial, industrial and
institutional uses are permitted or planned for and public infrastructure
services are provided or planned.
Future growth area: an area of a municipal
or multimunicipal plan outside of and adjacent to a designated growth area
where residential, commercial, industrial and institutional uses and development
are permitted or planned at varying densities and public infrastructure
services may or may not be provided, but future development at greater
densities is planned to accompany the orderly extension and provision of
public infrastructure services.
Public infrastructure area: a designated
growth area and all or any portion of future growth area described in a
county or multimunicipal comprehensive plan where public infrastructure
services will be provided and outside of which such public infrastructure
will not be required to be publicly financed.
Public infrastructure services: services
that are provided to areas with densities of one or more units to the acre,
which may include sanitary sewers and facilities for the collection and
treatment of sewage, water lines and facilities for the pumping and treating
of water, parks and open space, streets and sidewalks, public transportation
and other services that may be appropriate within a growth area, but shall
exclude fire protection and emergency medical services and any other service
required to protect the health and safety of residents.
Rural resource area: an area described
in a municipal or multimunicipal plan within which rural resource uses
including, but not limited to, agriculture, timbering, mining, quarrying
and other extractive industries, forest and game lands and recreation and
tourism are encouraged and enhanced, development that is compatible with
or supportive of such uses in permitted, and public infrastructure services
are not provided except in villages.
Village: an unincorporated settlement that
is part of a township where residential and mixed use densities of one
unit to the acre or more exit or are permitted and commercial, industrial
or institutional uses exist or are permitted.
Excerpts from the Pennsylvania Municipalities
Planning Code (PAMPC- Act of 1968. P.L. 805, No. 247, as amended through
2000)
Excerpts from Article XI - Intergovernmental
Cooperative Planning
and Implementation Agreements
Section 1102. Intergovernmental
Cooperation Planning and Implementation Agreements.
For
the purpose of developing, adopting and implementing a comprehensive plan
for the entire county or for any area within the county, the governing
bodies of municipalities located within the county or counties may enter
into intergovernmental cooperative agreements, as provided by 53 Pa C.S.
Ch. 23 Such. A (relating to intergovernmental cooperation), except for
any provisions permitting initiative and referendum. Such agreements may
also be entered into between and among counties and municipalities for
areas that include municipalities in more than one county, and between
and among counties, municipalities, authorities and special districts providing
water and sewer facilities, transportation planning or other services within
the area of a plan and with the opportunity for the active participation
of State agencies and school districts. Implementation of the comprehensive
plan and subdivision and zoning ordinances shall be accomplished in accordance
with articles
of this act.
Section 1103. Finances, Staff and
Program. County or Multimunicipal Comprehensive Plans.
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The comprehensive plan that is the subject
of an agreement may be developed by the municipalities or at the request
of the municipalities, by the county planning agency, or agencies in the
case of a plan covering municipalities in more than one county, in cooperation
with municipalities within the area and shall include all the elements
required or authorized in section 301 for the region of the plan, including
a plan to meet the housing needs of present residents and those individuals
and families anticipated to reside in the area of the plan, which may include
conservation of presently sound housing, rehabilitation of housing in declining
neighborhoods and the accommodations of expected new housing in different
dwelling types and of appropriate densities for households of all income
levels. The plan may:
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Designate growth areas where:
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Orderly and efficient development to accommodate
the projected growth of the area within the next 20 years is planned for
residential and mixed use densities of one unit or more per acre.
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Commercial, industrial and institutional
uses to provide for the economic and employment needs of the area and to
insure that the area has an adequate tax base are planned for.
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Services to serve such development are
provided or planned for.
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Designate potential future growth areas
where future development is planned for densities to accompany the orderly
extension and provision of services.
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Designate rural resource areas, if applicable,
where:
(i) Rural resource uses are planned
for.
(ii) Development at densities that
are compatible with rural resource uses are or may be permitted.
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Infrastructure extensions or improvements
are not intended to be publicly financed by municipalities except in villages,
unless the participating or affected municipalities agree that such service
should be provided to an area for health or safety reasons or to accomplish
one or more of the purposes set forth in section 1101.
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Plan for the accommodation of all categories
of uses within the area of the plan, provided, however, that all uses need
not be provided in every municipality, but shall be planned and provided
for within a reasonable geographic area of the plan.
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Plan for developments of area wide significance
and impact, particularly those identified in section 301(3) and (4).
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Plan for the conservation and enhancement
of the natural, scenic, historic and aesthetic resources within the area
of the plan.
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The county may facilitate a multimunicipal
process and may enter into cooperative planning agreements with participating
municipalities governing particular planning subjects and responsibilities.
The planning process shall include a public participation process to assure
that all governing bodies, municipal authorities, school districts and
agencies, whether public or private, having jurisdiction or operating within
the
area of the plan and landowners and citizens affected by the plan have
an opportunity to be heard prior to the public hearings required for the
adoption of the plan under section 302(a).
(c) Adoption of the plan and plan
amendments shall conform to the requirements of section 302, and may be
reflected on the official map of each participating municipality pursuant
to section 401. Where a county and municipality have developed and adopted
a comprehensive county or multimunicipal plan that conforms to the requirements
of this article within five years prior to the date of adoption of this
article, the plan may be implemented by agreements as provided for in this
article.
Section 1104. Implementation Agreements.
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In order to implement multimunicipal comprehensive
plans, under section 1103 counties and municipalities shall have authority
to enter into intergovernmental cooperative agreements.
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Cooperative implementation agreements
between a county and one or more municipalities shall:
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Establish the process that the participating
municipalities will use to achieve general consistency between the county
or multimunicipal comprehensive plan and zoning ordinances, subdivision
and land development and capital improvement plans within participating
municipalities, including adoption of conforming ordinances by participating
municipalities within two years and a mechanism for resolving disputes
over the interpretation of the multimunicipal comprehensive plan and the
consistency of implementing plans and ordinances.
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Establish a process for review and approval
of developments of regional significance and impact that are proposed within
any participating municipality. Subdivision and land development approval
powers under this act shall only be exercised by the municipality in which
the property where the approval is sought. Under no circumstances shall
a subdivision or land development applicant be required to undergo more
than one approval process.
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Establish the role and responsibilities
of participating municipalities with respect to implementation of the plan,
including the provision of public infrastructure services within participating
municipalities as described in subsection (d), the provision of affordable
housing, and purchase of real property, including rights-of-way and easements.
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Require a yearly report by participating
municipalities to the county planning agency and by the county planning
agency to the participating municipalities concerning activities carried
out pursuant to the agreement during the previous year. Such reports shall
include summaries of public infrastructure needs in growth areas and progress
toward meeting those needs through capital improvement plans and implementing
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 for all categories
of use and housing for all income levels within the region of the plan.
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Describe any other duties and responsibilities
as may be agreed upon by the parties.
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Cooperative implementation agreements
may designate growth areas, future growth areas and rural resource areas
within the plan. The agreement shall also provide a process for amending
the multimunicipal comprehensive plan and redefining the designated growth
area, future growth area and rural resource area within the plan.
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The county may facilitate convening representatives
of municipalities, municipal authorities, special districts, public utilities,
whether public or private, or other agencies that provide or declare an
interest in providing a public infrastructure service in a public infrastructure
service area or a portion of a public infrastructure service area within
a growth area, as established in a county or multimunicipal comprehensive
plan, for the purpose of negotiating agreements for the provision of such
services. The county may provide or contract with others to provide technical
assistance, mediation or dispute resolution services in order to assist
the parties in negotiating such agreements.
Excerpts Article VIII-A - Joint
Municipal Zoning
Section 801-A. General Powers.
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For the purpose of permitting municipalities
which cooperatively plan for their future to also regulate future growth
and change in a cooperative manner, the governing body of each municipality,
in accordance with the conditions and procedures set forth in this act,
may cooperate with one or more municipalities to enact, amend and repeal
joint municipal zoning ordinances in order to implement joint municipal
comprehensive plans and to accomplish any of the purposes of this act.
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A joint municipal zoning ordinance shall be
based upon an adopted joint municipal comprehensive plan and shall be prepared
by a joint municipal planning commission established under the provisions
of this act.
Section 802-A. Relation to County and
Municipal Zoning. The enactment by any municipality of a joint municipal
zoning ordinance whose land is subject to county or municipal zoning shall
constitute an immediate repeal of the county or municipal zoning ordinance
within the municipality adopting such ordinance as of the effective date
of the joint municipal zoning ordinance.
Section 803-A. Ordinance Provisions.
Joint municipal zoning ordinances may permit, prohibit, regulate, restrict
and determine and may contain the same elements as authorized for municipal
zoning ordinances by section 603.
Section 804-A. Zoning Purposes.
The provisions of joint municipal zoning ordinances shall be designed to
serve the same purposes for the area of its jurisdiction as is required
by section 604 for municipal zoning ordinances.
Section 805-A. Classifications.
The authorizations and requirements of section 605 shall be applicable
to joint municipal zoning ordinances. No area of a municipality party to
a joint municipal zoning ordinance shall be left unzoned.
Section 806-A. Statement of Community
Development Objectives.
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Every joint municipal zoning ordinance shall
contain a statement of community development objectives as defined by section
606.
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The statement of community development objectives
shall be based upon the joint municipal comprehensive plan and may be supplemented
by a statement of legislative findings of the governing bodies party to
the joint municipal zoning ordinance as defined by section 606.
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The community development objectives for a
joint municipal zoning ordinance shall relate to the area within the jurisdiction
of the ordinance, shall identify the community development objectives of
each municipality party to the joint municipal zoning ordinance and the
relationship of these objectives to those of the area and shall, in addition,
include the basis for the geographic delineation of the area which the
ordinance regulates.
Section 807-A. Preparation of Proposed
Zoning Ordinance. The requirements of section 607 as applicable to municipal
zoning ordinances shall equally apply to the preparation of a joint municipal
zoning ordinance except that:
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The joint municipal planning commission shall
assume the preparation responsibilities of the planning agency and shall
be directed by the governing bodies of the participating municipalities.
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At least one public meeting shall be held
by the joint municipal planning commission within the area of jurisdiction
of the proposed joint municipal zoning ordinance.