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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:

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

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:

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): 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:

The real lessons to be learned by the region from both the National and State experience are the causes of these problems: 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:

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.

  1. 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:
    1. 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.
    2. 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.
    3. Services to serve such development are provided or planned for.
(i) Rural resource uses are planned for. (ii) Development at densities that are compatible with rural resource uses are or may be permitted.
    1. 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.
  1. 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.
  1. In order to implement multimunicipal comprehensive plans, under section 1103 counties and municipalities shall have authority to enter into intergovernmental cooperative agreements.
  2. Cooperative implementation agreements between a county and one or more municipalities shall:
  1. 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.
  2. 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.

  1. 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.
  2. 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.

  1. Every joint municipal zoning ordinance shall contain a statement of community development objectives as defined by section 606.
  2. 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.
  3. 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:
  1. 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.
  2. 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.