To help municipalities be in a better position to manage development and land use concerns, state Reps. Bob Freeman (D-Northampton) and Bernie O’Neill (R-Bucks) are introducing legislation that would allow municipalities to impose a temporary moratorium on development when they are in the process of rewriting their land use ordinances.

The legislation is House Bill 904 and has 35 bipartisan co-sponsors.

“When a region of the state finds itself in the path of development, many municipalities in that area discover that their current land-use ordinances are terribly outdated or woefully inadequate to deal with the consequences of overwhelming rapid developmental pressures. These communities are in need of a temporary ‘time out’ from development to enact appropriate land-use ordinances to better manage and guide growth and development,” Rep. Freeman explained. “The purpose of our legislation is to ensure that municipalities in the path of rapid development get the ‘breathing space’ they need to put in place more effective land use ordinances to deal with development.”

"Municipalities around the state, especially in southeastern Pennsylvania, face numerous challenges brought on by development, including increased costs for education, infrastructure and public safety," Rep. O'Neill said. "That is why this legislation is so important, not only to taxpayers who foot the long-term costs of development, but for future generations."

The bill would give municipalities the authority to place a temporary moratorium on development within their boundaries for a maximum of one year while they are in the process of rewriting their land-use ordinances to better cope with development. Land-use ordinances could include a comprehensive plan, zoning ordinance, or subdivision and land development ordinance.

In the past, municipalities were able to impose temporary moratoriums on development. However, a 2001 state Supreme Court ruling struck down the use of temporary moratoriums by municipalities because there was no statutory basis for them. Under the bill authored by Reps. Freeman and O’Neill, municipalities would have the statutory authority they need under the Municipalities Planning Code to be able to use this effective growth-management tool.

“We’ve all seen the consequences of poorly planned sprawl development in eastern Pennsylvania,” Rep. Freeman noted.” It can lead to a dramatic loss in farmland and open space, cause intense traffic congestion, result in serious storm-water runoff problems, undercut the stability of older communities, and drastically impact the quality of life in a region. With the tool of temporary moratoriums at their disposal, municipalities will be in a position to put in place better land use ordinances to ensure sustainable growth and reduce the problems of sprawl.”

3/23/2007