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City Planning Legislation 
 
 Submitted by 
 Committee on Legislation 
 
 ANDREW WRIGHT CRAWFORD 
 Chairman 
 
 An act entitled "An act for the government of cities; 
 creating and regulating a City Planning Department, 
 giving it jurisdiction, extending it over the city and 
 for three miles beyond the city limits, and regulating 
 the lajring out of plans of lots within the limits of 
 the city. 
 
 Section 1. Be it enacted, etc., That an additional 
 executive department in the government of cities is 
 hereby created, to be known as the Department of City 
 Planning, which shall be in charge of a City Planning 
 Commission, consisting of nine persons, to be appointed 
 by the mayor, to serve during his term in office and until 
 their successors are duly appointed and qualified, and who 
 may or may not be residents of the city. An appointment 
 to fill a casual vacancy shall be only for the unexpired 
 portion of the term. Three shall be a quorum. They may 
 make and alter rules and regulations for their own or- 
 ganization and procedure, consistent with the ordinances 
 of the city and the laws of the commonwealth. They 
 shall serve without compensation, and make, annually, 
 to the mayor, a report of their transactions and recom- 
 
mendations. They may employ engineers and other per- 
 sons, whose salaries and wages, and other necessary ex- 
 penses of the commission, shall be provided for, in the 
 discretion of councils, by the proper appropriations and 
 ordinances. 
 
 Sec. 2. The clerks of council ishall, upon introduc- 
 tion, furnish to the City Planning Commission, for its 
 consideration, a copy of all ordinances and bills relating 
 to the location of any public building of the city, and to 
 the location, extension, widening, enlargement, orna- 
 mentation and parking of any street, boulevard, parkway, 
 park, playground or other public grounds, and to the 
 vacation of any street, or other alteration of the city 
 plan of streets and highways, and to the location of any 
 bridge, tunnel or subway, or of any surface, underground 
 or elevated railway. The said commission may make a 
 report or suggestion in relation thereto, if it deems a re- 
 port necessary or advisable, for the consideration of 
 councils. All such reports when delivered to the clerk 
 of councils shall be for the information of the public as 
 well as of councils, and the commission shall furnish to 
 any newspaper of the city, on request, for publication, a 
 copy of any such report. 
 
 Sec. 3. The City Planning Commission may make, or 
 cause to be made, and lay before councils, and in its dis- 
 cretion cause to be published, a map or maps of the city, 
 or any portion or portions thereof, including territory 
 extending three miles beyond the city limits, showing the 
 streets and highways and other natural or artificial fea- 
 tures; and also locations proposed by it for any new 
 public buildings, civic center, street, parkway, boulevard, 
 park, playground, or any other public ground or public 
 improvement; or any widening, extension or relocation 
 of the same, or any change in the city plan, by it deemed 
 advisable. And it mdy make recommendations to coun- 
 cils, from time to time, concerning any such matters and 
 things aforesaid for action by councils thereon ; and, in so 
 doing, have regard for the present conditions and future 
 
 2 
 
needs and growth of the city, and the distribution and 
 relative location of all the principal and other streets 
 and railways, waterways and all other means of public 
 travel and business communications, as well as the dis- 
 tribution and relative location of all public buildings, 
 public grounds and open spaces devoted to public use, 
 and the planning and laying out for urban uses of private 
 grounds brought into the market from time to time. 
 
 Sec. 4. The City Planning Commission may make 
 recommendations to any public authorities, or any cor- 
 porations or individuals, in said cities, with reference to 
 the location of any buildings, structures, or works to be 
 erected or constructed by them. 
 
 Sec. 5. All plans, plots, or re-plots of lands laid out 
 in building lots, and the streets, alleys or other portions 
 of the same intended to be dedicated to public use, or 
 for the use of purchasers or owners of lots fronting 
 thereon or adjacent thereto, and located within the city 
 limits, shall be submitted to the City Planning Commis- 
 sion and approved by it before it shall be recorded. And 
 it shall be unlawful to receive or record such plan in any 
 public office unless the same shall bear thereon, by en- 
 dorsement or otherwise, the approval of the City Plan- 
 ning Commission. The disapproval of any such plan by 
 the City Planning Commission shall be deemed a refusal 
 of the proposed dedication shown thereon. The approval 
 of the commission shall be deemed an acceptance of the 
 proposed dedication ; but shall not. impose any duty upon 
 the city concerning the maintenance or improvement of 
 any such dedicated parts, until the proper authorities of 
 the city shall have made actual appropriation of the 
 same by entry, nke or improvement ; and owners and pur- 
 chasers shall be deemed to have notice of the published 
 plans, maps, and reports of the commission affecting such 
 property within its jurisdiction. 
 
An act relative to takings of remnants of land in certain 
 cases by right of eminent domain. 
 
 Section 1. Any city in the state, so far as the terri- 
 tory within its limits is concerned, may take in fee by 
 right of eminent domain the whole of any estate, part 
 of which is actually acquired for the laying out, altera- 
 tion or location by it of any public highway, square, open 
 space, park, parkway or playground, if the remnant left 
 after taking such part would, from its size, shape or loca- 
 tion, be unsuited for the erection of suitable and appro- 
 priate buildings, or for such other use, as, under the cir- 
 cumstances, it would otherwise be reasonably suited to; 
 and if public convenience and necessity require such 
 taking ; provided, that the ordinance of the city providing 
 for such taking of said remnant, shall state that such 
 remnant was unsuited as aforesaid for some one or more 
 of the reasons aforesaid, and that public convenience and 
 necessity does require such taking. 
 
 Sec. 2. The provisions of law, at present in force in 
 this state, with regard to the taking of property by emi- 
 nent domain, and of notice, hearing and compensation in 
 such eases, shall apply to and be in force with regard 
 to the taking of remnants, as aforesaid. 
 
 Sec. 3. Said remnant, so acquired, may, either in con- 
 nection with other remnants or otherwise, be resold by 
 said city, with such restrictions in the deeds of re-sale as 
 may be necessary and proper to protect said public high- 
 way, S(juare, open space, park, parkway, or playground, 
 their environs, the preservation of the view, appearance, 
 light, air, health or usefulness thereof, whenever the state 
 or city shall by statute or ordinance so provide. 
 
An a<!t authorizing cities to acquire land, within or with- 
 out their limits, for public parks, parkways and play- 
 grounds; to acquire neighboring property within 200 
 feet of property so taken and to resell the same with 
 restrictions; requiring that the proceeds be used for 
 the purchase of private property for parks, parkways 
 and playgrounds ; and providing for compensation for 
 private property taken. 
 
 Section 1. It shall be lawful for, and the right is 
 hereby conferred upon, the cities of this commonwealth to 
 purchase, acquire, enter upon, take, use and appropriate in 
 fee simple, private property, for the purpose of making, 
 enlarging, extending and maintaining public parks, park- 
 ways, and playgrounds within or without the corporate 
 limits of such cities, whenever the councils thereof shall 
 by ordinance or joint resolution determine thereon; pro- 
 vided, that where such private property is outside of the 
 city, it may be annexed thereto by ordinance of said city. 
 
 Sec. 2. It shall be lawful for, and the right is hereby 
 conferred upon, cities of this commonwealth to purchase, 
 acquire, enter upon, take, use, and appropriate neighbor- 
 ing private property, within two hundred feet of the 
 boundary lines of such property so taken, used and ap- 
 propriated for public parks, parkways, and playgrounds, 
 in order to protect the same by the resale of such neigh- 
 boring property with restrictions, whenever the councils 
 thereof shall, by ordinance or joint resolution, determine 
 thereon; provided, that in the said ordinance of joint 
 resolution, the councils thereof shall declare that the con- 
 trol of such neighboring property, within two hundred 
 feet of the boundary lines of such public parks, park- 
 ways, or playgrounds, is reasonably necessary, in order to 
 protect such public parks, parkways, or playgrounds, 
 their environs, the preservation of the view, appearance, 
 light, air, health or usefulness thereof. 
 
 Sec. 3. It shall be lawful for, and the right is hereby 
 conferred upon, the cities of this commonwealth to re- 
 sell such neighboring property, with such restrictions in 
 
 S 
 
the deeds of resale in regard to the use thereof as will 
 fully insure the protection of such public parks, park- 
 ways and playgrounds, their enYirons, the preservation 
 of the view, appearance, light, air, health and Usefulness 
 thereof, whenever the councils thereof shall, by ordinance 
 or joint resolution, determine thereon. 
 
 See. 4. The taking, using and appropriating, by the 
 right of eminent domain, as herein provided, of private 
 property for the purpose of making, enlarging, extending 
 and maintaining public parks, parkways and playgrounds, 
 and of neighboring property, within two hundred feet 
 of the boundary lines of such public parks, parkways and 
 playgrounds, in order to protect such public parks, park- 
 ways and playgrounds, their environs, the preservation 
 of the view, appearance, light, air, health, and usefulness 
 thereof, by reselling such neighboring property, with such 
 restrictions in the deeds of resale as will protect such 
 property, so taken for the aforesaid purpose, is hereby 
 declared to be taking, using and appropriating of such 
 private property for public use. 
 
 Sec. 5. The proceeds arising from the resale of any 
 such property so taken, shall be deposited in the treasury 
 of said cities, and be subject to appropriation by the 
 councils of said city, for the purchase and acquisition of 
 private property for public parks, parkways and play- 
 ground^, and for no other purpose. 
 
 Sec. 6. Said property may be acquired by gift, pur- 
 chase or eminent domain. If acquired by eminent do- 
 main, the provisions of law at present in force in this 
 state, with regard to the taking of property by eminent 
 domain, and of notice, hearing and compensation in such 
 cases, shall apply to and be in force with regard to 
 such taking. 
 
An act to create metropolitan districts of cities of the 
 first and second classes and the areas within twenty- 
 five miles of the limits thereof, to provide for the ap- 
 pointment of Metropolitan Planning Commissions for 
 such districts, to prescribe their powers and duties, 
 and to provide for their expenses. 
 
 Section 1. Be it enacted, etc., That, in order to se- 
 cure co-ordinated comprehensive plans for systems of 
 Toads and thoroughfares, street railway systems, smoke 
 prevention, of parks and parkways, of water supply, of 
 sewerage and sewage disposal, of collection and disposal 
 of garbage, of playgrounds, civic centers, and other im- 
 provements as hereinafter provided, for cities of the first 
 and second class and the areas within twenty-five miles 
 of the limits thereof, and in order to prevent waste by 
 the unnecessary duplication of such public utilities, the 
 areas including cities of the first and second class and that 
 within twenty-five miles of the limits of said cities shall 
 be denominated the Metropolitan Districts of cities. When 
 any political unit less than a county is partly within and 
 partly without the twenty-flve-mile limit, the whole of 
 such political unit shall be regarded as within the Metro- 
 politan District. The term "political unit" as used in 
 this act shall include cities of the first, second and third 
 classes, townships of the first and second classes, boroughs 
 and poor districts, but no others. Where two or more 
 cities of the first or second class are within twenty-five 
 miles of each other, they shall be embraced in the same 
 district, and the district shall consist of the areas of all 
 political units within twenty-five miles of the limits of 
 any of the several cities of the first and second class 
 within said district. 
 
 Sec. 2. There shall be an executive department cre- 
 ated for every Metropolitan District to be known as the 
 Department of Metropolitan Planning of District, which 
 shall be in charge of a Metropolitan Planning Commission. 
 
 Sec. 3. The Metropolitan Planning Commission shall 
 be composed of the Mayors, the Directors of the Depart- 
 
 7 
 
ments of Public Works and the Chief Engineers of the 
 cities of the first and second class within the district ; the 
 Mayors of cities of the third class ; one member from each 
 of three of the Township Commissions of Townships of 
 the first class within the district; one member from each 
 of three of the townships of the second class, within the 
 district ; the Chief Burgess of three of the boroughs within 
 the district; and three others who may or may not be 
 residents of the district or state, and who may or may Hot 
 hold other public offtce whether for profit or otherwise. 
 The said three Presidents of Commissions of Townships of 
 the first class and of townships of the second class, the 
 said Chief Burgesses, and the said three citizens shall be 
 selected by the Governor. All members shall be appointed 
 by the Governor, to serve during his term of office and 
 until their successors are duly appointed and qualified, 
 except in the ease of ex ofBcio members, who shall serve 
 during their respective terms of office. All members by 
 virtue of their ofSce shall be. ex officio members, An 
 appointment to fill a casual vacancy shall be for the 
 unexpired portion of the term. Ten shall constitute a 
 quorum. The Metropolitan Planning Commission shall 
 make and alter all rules and regulations for its own 
 organization and procedure consistent with the laws of 
 the commonwealth. From its own members it shall choose 
 a President and Vice-President. Each member shall serve 
 without compensation. The commission shall make annually 
 to the Mayors of cities and to the head of each of the 
 other political governmental bodies within the Metropoli- 
 tan District, a report of its transactions and recommenda- 
 tions. The commission shall employ a secretary, engineers 
 and other experts and persons, whose salaries and wages, 
 a well as all other necessary expenses of the commission 
 and members thereof, shall be provided for as hereafter 
 set forth. 
 
 Sec. 4. The Metropolitan Planning Commission shall 
 make or cause to be made and laid before the respective 
 governmental authorities of the district, and in its dis- 
 
 8 
 
cretion cause to be published a map or maps of the en- 
 tire ditsrict or any portion or portions thereof showing 
 any or all systems of roads and thoroughfares, street rail- 
 way systems, smoke prevention, of parks, parkways and 
 playgrounds, of water supply, of sewage and sewage dis- 
 posal, of collection and disposal of garbage, of civic cen- 
 ters, or of other natural and artificial physical features of 
 the district ; and of locations proposed by it for any new 
 or enlarged thoroughfares, street railway system, parks, 
 parkways, playgrounds, water supply systems, sewers, 
 sewage disposal plants, garbage disposal plants and civic 
 centers, or any other public improvement that will affect 
 the character of the district as a whole, or more than one 
 political unit within the district ; or any widening, exten- 
 sion or relocation of the same, or any change in the ex- 
 isting city, township or borough plans, by it deemed ad- 
 visable. And it may make recommendations to the re- 
 spective governmental authorities, from time to time, con- 
 cerning any such matters or things aforesaid for action 
 by the respective legislative, administrative or govern- 
 mental bodies thereon; and, in so doing, have regard for 
 the present conditions and future needs and arowth of the 
 district, and the distribution and relative location of all 
 the principal and other streets and railways, waterways 
 and all other means of public travel and business com- 
 munication, as well as the distribution and relative loca- 
 tion of all public buildings, public grounds and open 
 spaces devoted to public use, and the planning and laying 
 out for urban uses of private grounds brought into the 
 market from time to time. 
 
 Sec. 5. Any governmental unit within any Metropoli- 
 tan District may request the Metropolitan Planning Com- 
 mission of that district to prepare plans concerning any 
 of the subjects set forth in section 4 of this act, where- 
 upon it shall be the duty of the commission to prepare 
 such plans with dispatch. 
 
 See. 6. The Metropolitan Planning Commission may 
 make recommendations to any public authorities, or any 
 
 9 
 
corporation or individual, in said districts with refer- 
 ence to the location of any buildings and structures, to 
 be constructed by them. 
 
 Sec. 7. The plans so made and laid before the re- 
 spective governmental authorities by the Metropolitan 
 District Planning Commission shall be considered by such 
 respective authorities and followed in so far as shall be 
 determined by each authority. 
 
 See. 8. All expenses of such commission shall be di- 
 vided among the respective governmental units within 
 such district according to the population thereof at the 
 last preceding decennial census of the United States, and, 
 when certified by the president and secretary of said 
 commission, shall be a charge on the treasury of each 
 governmental unit of the district and its immediate pay- 
 ment shall be at once provided for by it; otherwise the 
 commission shall have power to secure immediate pay- 
 ment by suits of mandamus. 
 
 10 
 
An act to empower cities to create from one to four dis- 
 tricts within their limits and to regulate the heights 
 of buildings to be thereafter constructed within each 
 district. 
 
 Section 1. Be it enacted, etc., That, in order to pro- 
 tect the health of the citizens of this commonwealth and 
 to promote the safety of public and private property, the 
 power is hereby conferred upon every city by ordinance 
 to create within its limits from one to four districts for 
 the purpose of adopting regulations concerning the heights 
 of buildings in each district. 
 
 Sec. 2. Every city is hereby empowered by ordinance 
 to regulate the heights of buildings within such dis- 
 tricts; provided, that no building over two hundred and 
 fifty feet high shall be permitted to be hereafter con- 
 structed within any city. 
 
 Sec. 3. In prescribing the regulations for any dis- 
 trict the city may fix either an absolute limit of height for 
 the whole or a part of a building based upon the width 
 of the street or streets, upon which it abuts, or some 
 other system, and the city may provide for one system in 
 one or more districts and a different system in others, 
 but the system prescribed by any district must be uni- 
 formly applied throughout that district. 
 
 Sec. 4. The said regulations may further provide for 
 a greater elevation of buildings which receded a certain 
 distance from the building line of the street. 
 
 See. 5. The said regulations within each district may 
 be made to apply to the alteration of existing buildings 
 as well as to the construction of new buildings. 
 
 Sec. 6. No permit for the erection or alteration of 
 any building contrary to the terms of such regulations 
 shall be issued. 
 
 11 
 
An act to authorize the platting by cities of civic centers 
 or pants thereof. 
 
 Section 1. Be it enacted, etc., That in order to fur- 
 ther the creation of civic centers, every municipality may 
 plat upon its general plan land proposed to be acquired 
 for parks or playgrounds, and such property abutting on 
 such parks or playgrounds, or on the streets surrounding 
 them, as it may propose to acquire for the erection of 
 municipal buildings of all kinds. 
 
 See. 2. Every municipality may also plat upon its 
 general plan ground abutting on any park or playground 
 or on the streets surrounding such parks or playgrounds 
 proposed to be acquire^d by any duly authorized state or 
 county agency, of which due notice is given by the pro- 
 posed state or county agency to said municipality: 
 
 Sec. 3. After the general plan or any part thereof 
 has been duly platted in pursuance of authority of the 
 councils of such municipality, it shall not afterwards be 
 altered without the consent of councils. No person shall 
 hereafter be entitled to recover any damages for any 
 buildings and improvements of any kind or any interest 
 therein which shall or may be placed or constructed upon 
 or within the lines of the park or playground or property 
 abutting thereon or on the streets surrounding such park 
 or playground, after the same shall have been so platted. 
 
 12 
 
An act relating to the platting of reservations without 
 specifying their proposed use. 
 
 Section 1. It shall be lawful for, and the right is 
 hereby conferred upon, each city of this state, to plat 
 upon its official city plan, land or any interest therein for 
 any lawful public use, and it shall not be necessary to 
 designate, specify or determine the particular public use 
 to which said land or interest therein is to be put; but 
 such intended public use may be so stated. 
 
 Sec. 2. Said land or interest therein may be used 
 after purchase or proceedings of eminent domain, from 
 time to time, for any public use or uses ; and may at any 
 time be designated and appropriated to any specific public 
 use, or uses, whether or not such use is that stated in the 
 platting, if in fact there was such a statement. 
 
 Sec. 3. The proceedings in eminent domain shall be 
 ■ the same as in other such proceedings. 
 
 13 
 
An act relative to the establishment of building lines. 
 
 Section 1. The word highway, used in this act, means 
 any public highway, esplanade, boulevard, parkway, 
 square or street, or any part or side, or part of the side, 
 of any of the same. 
 
 Sec. 2. Any city ia this state may provide. With re- 
 gard to any building line to be established on any high- 
 way therein, that thereafter no building or other struc- 
 ture shall be re-erected, re-constructed, or substantially 
 repaired, and that no new building or other structure or 
 part thereof shall be erected within said lines. 
 
 Sec. 3. This act shall not be construed so as to limit 
 or abridge any right heretofore conferred or had by any 
 city in this state to establish building lines or take prop- 
 erty or any interest therein by eminent domain. 
 
 Sec. 4. Said building line shall be established in such . 
 cases, in the same manner in all respects as in the case 
 of other building lines; and the owner of land affected 
 thereby shall have the same rights to notice, hearing and 
 compensation as in such cases. 
 
 Sec. 5. When the owner re-erects, re-constructs, or 
 substantially repairs his building, he shall then be en- 
 titled to damages, which shall be assessed and paid in the 
 manner provided by law, for proceedings in eminent do- 
 amin. 
 
 14 
 
Cornell University Library 
 KF 5692.Z9C58 
 
 City planning iegisiation / 
 
 3 1924 015 619 046