THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY M. O'BRIEN, W. KELLER, JOSEPHS, SCAVELLO, YOUNGBLOOD, DONATUCCI, SIPTROTH, DALEY, GERBER AND HELM, MARCH 23, 2009

AS RE-REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 30, 2009   

AN ACT

Providing for the extension of certain permits and approvals

affecting the physical development of real property located 

in municipalities.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Municipality 

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Real Property Development Permit and Approval Extension Act.

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Section 2.  Legislative findings.

The General Assembly finds and declares as follows:

(1)  There exists a state of national recession, which

has drastically affected various segments of the

Commonwealth’s economy including, but not limited to, the

banking, real estate and construction sectors.

(2)  As a result of the crisis in the real estate finance

sector of the economy, real estate developers and

redevelopers, including homebuilders and commercial, office

and industrial developers, have experienced an industry-wide

decline, including reduced demand, canceled orders, declining

sales and rentals, price reductions, increased inventory,

fewer buyers who qualify to purchase homes, layoffs and

scaled-back growth plans.

(3)  The process of obtaining planning board and zoning

board approvals for subdivisions, site plans and variances

can be difficult, time consuming and expensive, both for

private applicants and government bodies.

(4)  Due to the current inability of builders and their

purchasers to obtain financing, under existing economic

conditions, more and more once-approved permits and approvals

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are expiring or lapsing and, as these permits and approvals

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lapse, lenders must reappraise and thereafter substantially

lower real estate valuations established in conjunction with

approved projects, thereby requiring the reclassification of

numerous loans, which in turn, affects the stability of the

banking system and reduces the funds available for future

lending, thus creating more severe restrictions on credit and

leading to a vicious cycle of default.

(5)  As a result of the continued downturn of the economy

and the continued expiration of permits and approvals which

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were granted by the Commonwealth and its municipalities, it

is possible that thousands of government actions will be

undone by the passage of time.

(6)  Obtaining an extension of a permit or an approval

under existing statutory or regulatory provisions can be both

costly in terms of time and financial resources and

insufficient to cope with the extent of the present financial

situation.

(7)  It is the purpose of this act to prevent the

wholesale abandonment of approved projects and activities due

to the present unfavorable economic conditions by tolling the

term of these permits and approvals for a period of time,

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thereby preventing a waste of public and private resources 

and continuing real property development projects which may

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help to eradicate previously blighted structures.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

(Reserved.)

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"Approval."  A permit or other government authorization or

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approval for construction, erection, removal, demolition or

change in exterior dimension of any structure on the land or for

use or occupancy of any structure or land, including, but not

limited to:

(1)  construction or erection of a structure;

(2)  construction of an addition to a structure;

(3)  altering, modifying, repairing or improving a

structure;

(4)  demolishing, moving or removing a structure;

(5)  installing any trailer, regardless of the method of

support;

(6)  clearing, grubbing or disturbing the earth of any

land in excess of 5,000 square feet; or

(7)  making a change of occupancy or any new use

commenced on any land or in any structure.

This term does not include any approval in the nature of a

license or contractual agreement.

Section 4.  Extension of certain permits and approvals.

(a)  General rule.--Except as provided in subsection (b) (e),

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any permit or approval issued by or for a municipality or by the

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Commonwealth under:

(1)  the act of June 1, 1945 (P.L.1242, No.428), known as

the State Highway Law;

(2)  the act of November 26, 1978 (P.L.1375, No.325),

known as the Dam Safety and Encroachments Act, specifically,

any permit issued under 25 Pa. Code § 105.99 (relating to

dams in subdivision developments);

(3)  section 5 of the act of June 22, 1937 (P.L.1987, No.

394), known as The Clean Streams Law;

(4)  the act of January 24, 1966 (1965 P.L.1535, No.

537), known as the Pennsylvania Sewage Facilities Act;

(5)  the act of October 4, 1978 (P.L.864, No.167), known

as the Storm Water Management Act; or

(6)  any approvals pursuant to an ordinance of a 

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municipality city of the first class, city of the second

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class or any other municipality that chooses to opt into this

act that pertains to land use, including, but not limited to,

building permits;

which expires after December 31, 2008 June 1, 2009, and before

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January 1, 2011 2013, shall be extended once for one full

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calendar year upon written request of the holder of the permit

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or approval and payment of a fee to the issuing authority which

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shall be that may, in the discretion of the issuing authority,

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be not more than 50% of the original permit or approval fee, but

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in no circumstances more than $7,500.

(b)  Optional extensions.--A municipality, other than a city

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of the first class or a city of the second class, may, in its

discretion and in accordance with subsection (a), extend permits

or approvals issued by the municipality pertaining to land use.

(c)  Independence from Commonwealth extensions.--Regardless

of any action by the Commonwealth to extend a permit or

approval, no municipality other than a city of the first class

or a city of the second class shall be required to extend any

permit or approval pertaining to the subject matter of the

Commonwealth's extension.

(d)  Extension of authority for riparian land leases.--

(1)  The time period relating to obtaining a building

permit under section 1(i) of the act of February 22, 2008

(P.L.36, No.4), entitled "An act authorizing the Department

of General Services, with the concurrence of the Department

of Environmental Protection, to lease to VTE Philadelphia,

LP, or its nominee, land within the bed of the Delaware River

in the City of Philadelphia; and affirming the authority of

the General Assembly to enact certain conveyances," shall be

extended until January 1, 2011, or one year from the

effective date of this subsection, whichever is later.

(2)  The time period relating to obtaining a building

permit under section 1(i) of the act of February 22, 2008

(P.L.41, No.5), entitled "An act authorizing the Department

of General Services, with the concurrence of the Department

of Environmental Protection, to lease to NCCB Associates, LP,

or its nominee, land within the bed of the Delaware River in

the City of Philadelphia; and affirming the authority of the

General Assembly to enact certain conveyances," shall be

extended until January 1, 2011, or one year from the

effective date of this subsection, whichever is later.

(e)  Exceptions.–-The provisions of subsection (a) shall not

apply to:

(1)  Any permit or approval issued under 4 Pa.C.S. Part

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II (relating to gaming).

(2) (1)  Any permit or approval issued for real property

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located in or impacting any that potentially impacts any

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other real property which is designated as high quality or

exceptional value watersheds or wetlands.

(3) (2)  Any other permit or approval issued under any

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Federal or State law or regulation.

Section 5.  Construction.

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Notwithstanding the provisions of this act to the contrary,

an issuing authority shall retain the authority: 

(1)  to suspend or revoke any permit or approval extended

for noncompliance with any condition or requirement

applicable to the permit or approval; and

(2)  where granted by statute, to enforce conditions on

permits and approvals.

Section 5 6.  Effective date.

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This act shall take effect immediately.