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| PRIOR PRINTER'S NOS. 1224, 1598, 2346 | PRINTER'S NO. 2400 |
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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, DALEY, GERBER AND HELM, MARCH 23, 2009 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JULY 7, 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 | 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 Real Property |
8 | Development Permit and Approval Extension Act. |
9 | Section 2. Legislative findings. |
10 | The General Assembly finds and declares as follows: |
11 | (1) There exists a state of national recession, which |
12 | has drastically affected various segments of the |
13 | Commonwealth’s economy including, but not limited to, the |
14 | banking, real estate and construction sectors. |
15 | (2) As a result of the crisis in the real estate finance |
16 | sector of the economy, real estate developers and |
17 | 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 and approvals |
13 | are expiring or lapsing and, as these permits and approvals |
14 | lapse, lenders must reappraise and thereafter substantially |
15 | lower real estate valuations established in conjunction with |
16 | approved projects, thereby requiring the reclassification of |
17 | numerous loans, which in turn, affects the stability of the |
18 | banking system and reduces the funds available for future |
19 | lending, thus creating more severe restrictions on credit and |
20 | leading to a vicious cycle of default. |
21 | (5) As a result of the continued downturn of the economy |
22 | and the continued expiration of permits and approvals which |
23 | were granted by the Commonwealth and its municipalities, it |
24 | is possible that thousands of government actions will be |
25 | 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 permits and approvals for a period of time, |
5 | thereby preventing a waste of public and private resources |
6 | and continuing real property development projects which may |
7 | help to eradicate previously blighted structures. |
8 | Section 3. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Approval." A permit or other government authorization or |
13 | approval for construction, erection, removal, demolition or |
14 | change in exterior dimension of any structure on the land or for |
15 | use or occupancy of any structure or land, including, but not |
16 | limited to: |
17 | (1) construction or erection of a structure; |
18 | (2) construction of an addition to a structure; |
19 | (3) altering, modifying, repairing or improving a |
20 | structure; |
21 | (4) demolishing, moving or removing a structure; |
22 | (5) installing any trailer, regardless of the method of |
23 | support; |
24 | (6) clearing, grubbing or disturbing the earth of any |
25 | land in excess of 5,000 square feet; or |
26 | (7) making a change of occupancy or any new use |
27 | commenced on any land or in any structure. |
28 | This term does not include any approval in the nature of a |
29 | license or contractual agreement. |
30 | Section 4. Extension of certain permits and approvals. |
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1 | (a) General rule.--Except as provided in subsection (e), any |
2 | permit or approval issued by a municipality or by the |
3 | Commonwealth under: |
4 | (1) the act of June 1, 1945 (P.L.1242, No.428), known as |
5 | the State Highway Law; |
6 | (2) the act of November 26, 1978 (P.L.1375, No.325), |
7 | known as the Dam Safety and Encroachments Act, specifically, |
8 | any permit issued under 25 Pa. Code § 105.99 (relating to |
9 | dams in subdivision developments); |
10 | (3) section 5 of the act of June 22, 1937 (P.L.1987, No. |
11 | 394), known as The Clean Streams Law; |
12 | (4) the act of January 24, 1966 (1965 P.L.1535, No. |
13 | 537), known as the Pennsylvania Sewage Facilities Act; |
14 | (5) the act of October 4, 1978 (P.L.864, No.167), known |
15 | as the Storm Water Management Act; or |
16 | (6) any approvals pursuant to an ordinance of a city of |
17 | the first class, city of the second class or any other |
18 | municipality that chooses to opt into this act that pertains |
19 | to land use, including, but not limited to, building permits; |
20 | which expires after June 1, 2009, and before January 1, 2013, |
21 | shall be extended once for one full calendar year upon written |
22 | request of the holder of the permit or approval and payment of a |
23 | fee to the issuing authority that may, in the discretion of the |
24 | issuing authority, be not more than 50% of the original permit |
25 | or approval fee, but in no circumstances more than $7,500. |
26 | (b) Optional extensions.--A municipality, other than a city |
27 | of the first class or a city of the second class, may, in its |
28 | discretion and in accordance with subsection (a), extend permits |
29 | or approvals issued by the municipality pertaining to land use. |
30 | (c) Independence from Commonwealth extensions.--Regardless |
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1 | of any action by the Commonwealth to extend a permit or |
2 | approval, no municipality other than a city of the first class |
3 | or a city of the second class shall be required to extend any |
4 | permit or approval pertaining to the subject matter of the |
5 | Commonwealth's extension. |
6 | (d) Extension of authority for riparian land leases.-- |
7 | (1) The time period relating to obtaining a building |
8 | permit under section 1(i) of the act of February 22, 2008 |
9 | (P.L.36, No.4), entitled "An act authorizing the Department |
10 | of General Services, with the concurrence of the Department |
11 | of Environmental Protection, to lease to VTE Philadelphia, |
12 | LP, or its nominee, land within the bed of the Delaware River |
13 | in the City of Philadelphia; and affirming the authority of |
14 | the General Assembly to enact certain conveyances," shall be |
15 | extended until January 1, 2011, or one year from the |
16 | effective date of this subsection, whichever is later. |
17 | (2) The time period relating to obtaining a building |
18 | permit under section 1(i) of the act of February 22, 2008 |
19 | (P.L.41, No.5), entitled "An act authorizing the Department |
20 | of General Services, with the concurrence of the Department |
21 | of Environmental Protection, to lease to NCCB Associates, LP, |
22 | or its nominee, land within the bed of the Delaware River in |
23 | the City of Philadelphia; and affirming the authority of the |
24 | General Assembly to enact certain conveyances," shall be |
25 | extended until January 1, 2011, or one year from the |
26 | effective date of this subsection, whichever is later. |
27 | (e) Exceptions.–-The provisions of subsection (a) shall not |
28 | apply to: |
29 | (1) Any permit or approval issued for real property that |
30 | potentially impacts any other real property which is waters | <-- |
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1 | of this Commonwealth designated as high quality or |
2 | exceptional value watersheds or wetlands. |
3 | (2) Any other permit or approval issued under any |
4 | Federal or State law or regulation. |
5 | (3) Any permit or approval issued to comply with Federal | <-- |
6 | law or regulation, the duration or terms of expiration of |
7 | which is established by or pursuant to Federal law or |
8 | regulation. |
9 | Section 5. Construction. |
10 | Notwithstanding the provisions of this act to the contrary, |
11 | an issuing authority the Commonwealth or a municipality shall | <-- |
12 | retain the authority: |
13 | (1) to suspend or revoke any permit or approval extended |
14 | for noncompliance with any condition or requirement |
15 | applicable to the permit or approval; and |
16 | (2) where granted by statute or regulation, to enforce | <-- |
17 | conditions on permits and approvals. |
18 | Section 6. Effective date. |
19 | This act shall take effect immediately. |
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