Part 1 : NTC Intergovernmental Zoning Agreement- Summary Excerpts

In an earlier post , I commented on the October 22,2008 version of the NTC Zoning Ordinance and concluded that it was not desirable on substance from a citizen or landowner standpoint. Some aspects still confused me because I did not know how the townships had agreed to administer the ordinance. I have now read a version of that agreement and can summarize it in this post. It's long and deals with the agreement as it is. My comments will be in a second post.

This version of the NTC Intergovernmental Cooperation Agreement for Multi-Municipal Planning and Implementation was signed by the participating townships and boroughs in late 2007 and/or early 2008. Montrose Borough has its own zoning code and did not participate. The key summary excerpts follow.

Section 1 : establishes the NTC Planning Committee (the “Committee”).

Section 2 – Purpose of the Committee : “The Committee is established to develop a Multi-Municipal Comprehensive plan for the geographic area encompassed by the Participating Municipalities ( the planning area) pursuant to MPC Article III and Article XI, and to implement the land use management provisions of the adopted Multi-Municipal Comprehensive Plan by the adoption and administration of zoning ordinances and subdivision and land development ordinances.”

Section 3 – Powers of the Committee : three “Powers” are provided - “A” provides the power to develop the plan; “B” provides the power to conduct its business and to obtain grants and funds.“C” , “Multi-Municipal Comprehensive Plan Implementation” states “The Committee is empowered to conduct reviews and make recommendations as authorized by this agreement for the general consistency and fair share considerations of certain zoning ordinances and zoning map amendments proposed by any Participating Municipality; and for any development of regional significance and impact.”

Section 4 – Organization : Establishes one voting member and one alternate for each of the 12 Participating Municipalities ( Montrose Borough is a member of the NTC but not of this Planning Committee). Voting and alternate members must be elected officials of their municipality.

Sections 5 and 6 – Discusses meetings public participation and consultation.

Sections 7 to 11 – Discusses development, review, and approval of the Plan, culminating with each municipality voting on the Plan per the requirements o the MPC. Upon approval,”The Multi-Municipal Comprehensive Plan shall become the comprehensive plan for that Participating Municipality.”

Section 12 – Committee Responsibilities After Plan Approval : In addition to monitoring, reviewing, and updating the plan, “The Committee shall have additional responsibilities for implementing the Multi-Municipal Comprehensive Plan as more fully set forth in the Implementation Agreement.”

Section 13 to 14 – Initial Funding and Financial Policies : Agrees that “the Participating Municipalities will make the initial payment as previously committed by resolution of each governing body by May 15, 20003.” Establishes policies and the fiscal year as 1 October to 30 September. Allows one municipality to provide financial management as an in-kind contribution.

Section 15A – Voluntary Withdrawal : sets four conditions apply to the municipality :

1. Submit written notice;

2. Conduct a public hearing to solicit comment;

3. Pass a resolution authorizing withdrawal;

4. “The withdrawal shall be effective one (1) year from the adoption of the resolution authorizing the withdrawal. The one-year waiting period will allow for the necessary revisions of the Multi-Municipal Comprehensive Plan and zoning ordinances and zoning maps.”

“Any municipality authorizing withdrawal from the Committee shall be bound by the requirements of this Agreement, including compliance with all subdivision and land development, zoning and comprehensive plan amendment review processes, even during the one-year waiting period, except as may be permitted herein.”

Section 16 – Local Planning and Zoning : States that each Municipality shall retain authority and responsibility for enforcement and administration of ordinances except as established by the Agreement. Establishes four new local Joint Multi-Municipal Planning Commissions for 10 members and continues the individual ones for Liberty and Silver Lake. Establishes five Joint Zoning Hearing Boards “in accord with S904 of the MPC”.

Sections 18 and 19 – Amendment and Execution : “ To enter into this Planning Agreement, the governing body of a Participating Municipality must adopt an ordinance approving this planning and the chief elected official of such Participating Municipality must execute this Planning Agreement, with the attestation of of the secretary or assistant secretary of such Participating Municipality, and the seal of the Participating Municipality affixed thereto. Once done, it requires a unanimous vote for amendment of the Agreement, which shall remain in effect until terminated by written consent of at least 75% of the Participating Municipalities.

Section 20B – Municipal Land Use Commitment : “Each Participating Municipality agrees to maintain all land uses and housing types and densities as provided in the initial zoning ordinance and zoning map adopted by the Participating Municipality unless an amendment to the ordinance or map is authorized in accord with the procedures in this Agreement.”

Section 21 – Ordinance Consistency and Review Process : Establishes the process for authorization of all Municipality proposed zoning text or map amendments by the Committee. A two-thirds (2/3) vote of all the Participating Municipalities is required before a Municipality can enact its proposed amendment. If the vote is denied, the Committee will tell the Municipality what changes are needed for approval. The Municipality may agree to the changes and resubmit it for approval; or it may seek to amend the Agreement; or it may initiate withdrawal from the Committee.

Section 22 – Review of Developments of Regional Significance and Impact : Requires a Municipality to bring all such “Developments” to the Committee for review and comment. Terms are defined and a lengthy review process is described which culminates with the Committee providing “advisory only” comments for the Municipality to consider before exercising its power to approve the development.

Section 23 – Specific Plans Review and Adoption Process : “As authorized by Section 1106 of the MPC, the Participating Municipalities shall have the authority to adopt a Specific Plan for the systematic implementation of the Multi-Municipal Comprehensive Plan for any nonresidential area covered by the Multi-Municipal Comprehensive Plan. Special plans shall also be governed by the following:” The review process mirrors that of Section 21 above with the same options for compliance or withdrawal.

Section 24 – Regional Legal Defense Fund : Each Municipality agrees to appropriate funds annually to “assist participating municipalities with litigation related to implementation of the Multi-Municipal Comprehensive Plan”.

Section 25 – Annual Report : Each year the Committee shall prepare an annual report and send a copy to each participating municipality and to the Susquehanna County Planning Commission.