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ARTICLE · 06 AUGUST 2014

Legislative Update in Pennsylvania - July 2014

Fox Rothschild LLP
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House Bill No. 1052 proposes to expand the ways a municipality is permitted to use the recreational fees it collects in connection with land development projects.

United StatesReal Estate and Construction
David Comer
David Comer
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House Bill No. 1052 proposes to amend the Pennsylvania Municipalities Planning Code (MPC) by expanding the ways by which a municipality is permitted to use the recreational fees it collects in connection with subdivision and land development projects.

Currently, Section 503(11)(iii) of the MPC states the following: "The subdivision and land development ordinance may include, but need not be limited to: (11) Provisions requiring the public dedication of land suitable for the use intended; and, upon agreement with the applicant or developer, the construction of recreational facilities, the payment of fees in lieu thereof, the private reservation of the land, or a combination, for park or recreation purposes as a condition precedent to final plan approval, provided that: (iii) The land or fees, or combination thereof, are to be used only for the purpose of providing park or recreational facilities accessible to the development."

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