House Bill 904 (Freeman-D-Lehigh), allowing municipalities to declare temporary moratoriums on development while they rewrite their land-use ordinances, was reported out of the House Local Government Committee this week

Rep. Bob Freeman serves as chairman of the Committee.

“When a community becomes overwhelmed with new development proposals, many municipalities discover that their current land-use ordinances are outdated or inadequate to deal with the consequences of rapid development,” Rep. Freeman said. “This legislation would provide communities with a temporary ‘time out’ so local officials can enact appropriate land-use ordinances to better manage and guide growth.”

The bill would give municipalities the authority to place a temporary moratorium on development within their boundaries for a limited amount of time 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 basis in law for them. Under House Bill 904, municipalities would have the statutory authority they need under the Municipalities Planning Code to be able to use this effective growth-management tool.

“The consequences of poorly planned development can be seen in eastern Pennsylvania,” Rep. Freeman said. “It leads to increased traffic congestion, the loss of farmland and open space, dangerous storm-water runoff problems, and it drastically alters the quality of life in the communities it impacts. Allowing municipalities to take a step back and reexamine their land-use ordinances would help officials ensure sustainable growth and reduce the problems that come along with out-of-control sprawl.”

The bill was then referred to the House Appropriations Committee.

12/14/2007