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| PRIOR PRINTER'S NO. 1224 | PRINTER'S NO. 1598 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY M. O'BRIEN, W. KELLER, JOSEPHS, SCAVELLO, YOUNGBLOOD, DONATUCCI, SIPTROTH AND DALEY, MARCH 23, 2009 |
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| AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 22, 2009 |
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| AN ACT |
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1 | Providing for the extension of certain permits and approvals |
2 | affecting the physical development of real property located |
3 | within cities of the first class in municipalities. | <-- |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Short title. |
7 | This act shall be known and may be cited as the Cities of the | <-- |
8 | First Class Municipality Real Property Development Permit | <-- |
9 | Extension Act. |
10 | Section 2. Legislative findings. |
11 | The General Assembly finds and declares as follows: |
12 | (1) There exists a state of national recession, which |
13 | has drastically affected various segments of the |
14 | Commonwealth’s economy including, but not limited to, the |
15 | banking, real estate and construction sectors. |
16 | (2) As a result of the crisis in the real estate finance |
17 | sector of the economy, real estate developers and |
18 | redevelopers, including homebuilders and commercial, office |
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1 | and industrial developers, have experienced an industry-wide |
2 | decline, including reduced demand, canceled orders, declining |
3 | sales and rentals, price reductions, increased inventory, |
4 | fewer buyers who qualify to purchase homes, layoffs and |
5 | scaled-back growth plans. |
6 | (3) The process of obtaining planning board and zoning |
7 | board approvals for subdivisions, site plans and variances |
8 | can be difficult, time consuming and expensive, both for |
9 | private applicants and government bodies. |
10 | (4) Due to the current inability of builders and their |
11 | purchasers to obtain financing, under existing economic |
12 | conditions, more and more once-approved permits are expiring |
13 | or lapsing and, as these approvals lapse, lenders must |
14 | reappraise and thereafter substantially lower real estate |
15 | valuations established in conjunction with approved projects, |
16 | thereby requiring the reclassification of numerous loans, |
17 | which in turn, affects the stability of the banking system |
18 | and reduces the funds available for future lending, thus |
19 | creating more severe restrictions on credit and leading to a |
20 | vicious cycle of default. |
21 | (5) As a result of the continued downturn of the economy |
22 | and the continued expiration of approvals which were granted |
23 | by the Commonwealth and cities of the first class its | <-- |
24 | municipalities, it is possible that thousands of government |
25 | actions will be undone by the passage of time. |
26 | (6) Obtaining an extension of a permit or an approval |
27 | under existing statutory or regulatory provisions can be both |
28 | costly in terms of time and financial resources and |
29 | insufficient to cope with the extent of the present financial |
30 | situation. |
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1 | (7) It is the purpose of this act to prevent the |
2 | wholesale abandonment of approved projects and activities due |
3 | to the present unfavorable economic conditions by tolling the |
4 | term of these approvals for a period of time, thereby |
5 | preventing a waste of public and private resources. |
6 | Section 3. Definitions. |
7 | The following words and phrases when used in this act shall |
8 | have the meanings given to them in this section unless the |
9 | context clearly indicates otherwise: |
10 | (Reserved.) |
11 | Section 4. Extension of certain permits and approvals. |
12 | (a) General rule.--Except as provided in subsection (b), any |
13 | permit or approval issued by or for a city of the first class | <-- |
14 | municipality under: | <-- |
15 | (1) the act of June 1, 1945 (P.L.1242, No.428), known as |
16 | the State Highway Law; |
17 | (2) the act of November 26, 1978 (P.L.1375, No.325), |
18 | known as the Dam Safety and Encroachments Act, specifically, |
19 | any permit issued under 25 Pa. Code § 105.99 (relating to |
20 | dams in subdivision developments); |
21 | (3) section 5 of the act of June 22, 1937 (P.L.1987, No. |
22 | 394), known as The Clean Streams Law; |
23 | (4) the act of January 24, 1966 (1965 P.L.1535, No. |
24 | 537), known as the Pennsylvania Sewage Facilities Act; |
25 | (5) the act of October 4, 1978 (P.L.864, No.167), known |
26 | as the Storm Water Management Act; or |
27 | (6) any ordinance of a city of the first class | <-- |
28 | municipality; | <-- |
29 | which expires after December 31, 2008, and before January 1, |
30 | 2011, shall be extended for one full calendar year upon payment |
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1 | of a fee to the issuing authority which shall be 50% of the |
2 | original permit fee, but in no circumstances more than $7,500. |
3 | (b) Exceptions.–-The provisions of subsection (a) shall not |
4 | apply to: |
5 | (1) Any permit or approval issued under 4 Pa.C.S. Part |
6 | II (relating to gaming). |
7 | (2) Any permit or approval issued for real property |
8 | located in or impacting any real property which is designated |
9 | as high quality or exceptional value watersheds or wetlands. |
10 | (3) Any other permit or approval issued under any |
11 | Federal or State law or regulation. |
12 | Section 5. Effective date. |
13 | This act shall take effect immediately. |
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