PRINTER'S NO. 1719
No. 1447 Session of 2001
INTRODUCED BY MAITLAND, APRIL 26, 2001
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 26, 2001
AN ACT
1 Amending the act of July 9, 1976 (P.L.919, No.170), entitled "An
2 act providing for the approval or disapproval of applications
3 for a permit relating to the construction or maintenance of
4 improvements to real estate," providing for an exemption.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1 of the act of July 9, 1976 (P.L.919,
8 No.170), entitled "An act providing for the approval or
9 disapproval of applications for a permit relating to the
10 construction or maintenance of improvements to real estate,"
11 amended March 30, 1988 (P.L.332, No.45), is amended to read:
12 Section 1. (a) A municipality which regulates the
13 construction, erection, maintenance, operation or repair of
14 buildings, structures or devices by means of an ordinance
15 requiring the filing of an application, the payment of a fee and
16 the issuance of a permit shall render a decision either
17 approving or disapproving the application for a permit within 90
18 days after the application is filed unless the ordinance
1 requires a decision within a lesser period of time, provided
2 that any disapproval of the application shall be issued within
3 said 90-day period containing a brief explanation setting forth
4 the reasons for said disapproval and the manner in which the
5 application can be corrected and/or modified to obtain the
6 required approval. If no decision is rendered on the application
7 within 90 days, the application shall be deemed to be approved
8 and the permit shall be deemed to have been granted immediately,
9 unless the applicant has agreed in writing to an extension of
10 time. No agreement to extension of time for action may be made a
11 part of an application form nor may any such agreement be
12 required of any applicant under threat of denial of the
13 application.
14 (b) No building permit shall be issued for any property
15 which will require access to a highway under the jurisdiction of
16 the Department of Transportation, unless the permit contains a
17 notice that a highway occupancy permit is required pursuant to
18 section 420 of the act of June 1, 1945 (P.L.1242, No.428), known
19 as the "State Highway Law," before driveway access to a State
20 highway is permitted. The department shall, within 60 days of
21 the date of receipt of an application for a highway occupancy
22 permit, (i) approve the permit, (ii) deny the permit, (iii)
23 return the application for additional information or correction
24 to conform with department regulations or (iv) determine that no
25 permit is required in which case the department shall notify the
26 municipality and applicant in writing. If the department shall
27 fail to take any action within the 60-day period, the permit
28 will be deemed to be issued. The permit shall be marked to
29 indicate that access to the State highway shall be only as
30 authorized by a highway occupancy permit. Neither the department
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1 nor any municipality to which permit-issuing authority has been
2 delegated under section 420 of the "State Highway Law" shall be
3 liable in damages for any injury to persons or property arising
4 out of the issuance or denial of a driveway permit, or for
5 failure to regulate any driveway. Furthermore, the municipality
6 from which the building permit approval has been requested shall
7 not be held liable for damages to persons or property arising
8 out of the issuance or denial of a driveway permit by the
9 department.
10 (c) As used in this section, "buildings, structures or
11 devices" means anything constructed or erected with a fixed
12 location on or in the ground including dwellings, offices,
13 places of assembly, mobile homes, signs, walls, fences, except
14 agricultural fences, or other improvements to real estate.
15 (d) Any county or municipality that requires permits for the
16 construction, erection, maintenance, operation or repair of
17 buildings, structures or devices shall exempt any new
18 construction valued at $2,500 or less from the requirement to
19 obtain a permit.
20 Section 2. This act shall take effect immediately.
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