PRIOR PRINTER'S NO. 2611
PRINTER'S NO. 3259
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2045
Session of
2024
INTRODUCED BY SIEGEL, KHAN, MADSEN, N. NELSON, SANCHEZ, HILL-
EVANS, BOYD, GREEN, ISAACSON AND SMITH-WADE-EL,
FEBRUARY 20, 2024
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 5, 2024
AN ACT
Amending the act of July 31, 1968 (P.L.805, No.247), entitled
"An act to empower cities of the second class A, and third
class, boroughs, incorporated towns, townships of the first
and second classes including those within a county of the
second class and counties of the second through eighth
classes, individually or jointly, to plan their development
and to govern the same by zoning, subdivision and land
development ordinances, planned residential development and
other ordinances, by official maps, by the reservation of
certain land for future public purpose and by the acquisition
of such land; to promote the conservation of energy through
the use of planning practices and to promote the effective
utilization of renewable energy sources; providing for the
establishment of planning commissions, planning departments,
planning committees and zoning hearing boards, authorizing
them to charge fees, make inspections and hold public
hearings; providing for mediation; providing for transferable
development rights; providing for appropriations, appeals to
courts and penalties for violations; and repealing acts and
parts of acts," in zoning, further providing for ordinance
provisions.
AMENDING TITLE 53 (MUNICIPALITIES GENERALLY) OF THE PENNSYLVANIA
CONSOLIDATED STATUTES, PROVIDING FOR MULTI-FAMILY HOUSING
ZONING ORDINANCES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 603 of the act of July 31, 1968 (P.L.805,
No.247), known as the Pennsylvania Municipalities Planning Code,
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is amended by adding a subsection to read:
Section 603. Ordinance Provisions.--* * *
(m) The following apply:
(1) Zoning ordinances shall allow duplex housing, triplex
housing or quadplex housing as a permitted use on a lot where a
single-family residence is a permitted use, in a city, borough,
town or township with a population of at least 5,000 residents.
Zoning regulations that apply to the development or use of
duplex housing may not be more restrictive than zoning
regulations that are applicable to single-family residences.
(2) As used in this subsection:
(i) "Duplex housing" shall mean a parcel or lot with two
dwelling units that are designed for residential occupancy by
not more than two family units living independently from each
other.
(ii) "Quadplex housing" shall mean a separate or detached
residence with four dwelling units designed and arranged for use
by four occupants separated by a horizontal or vertical wall,
each of which is heated independently of the others and has its
own separate, private means of ingress and egress.
(iii) "Single-family residence" shall mean a structure
maintained and used as a single dwelling unit. A dwelling unit
that shares one or more walls with another dwelling unit is a
single-family residence if it has direct access to a street or
thoroughfare and does not share heating facilities, hot water
equipment or any other facility or service with another dwelling
unit.
(iv) "Triplex housing" shall mean a separate or detached
residence with three dwelling units, designed and arranged for
use by three occupants separated by a horizontal or vertical
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wall, each of which has an independent entrance to the outside
and is heated independently of the others.
Section 2. This act shall take effect in 60 days.
SECTION 1. TITLE 53 OF THE PENNSYLVANIA CONSOLIDATED
STATUTES IS AMENDED BY ADDING A CHAPTER TO READ:
CHAPTER 6
SPECIAL PROVISIONS RELATING TO ORDINANCES
SEC.
601. (RESERVED).
602. MULTI-FAMILY HOUSING ZONING ORDINANCES.
§ 601. (RESERVED).
§ 602. MULTI-FAMILY HOUSING ZONING ORDINANCES.
(A) GENERAL RULE.--A ZONING ORDINANCE OF A MUNICIPALITY
SHALL ALLOW MULTI-FAMILY HOUSING AS A PERMITTED USE BY RIGHT ON
A LOT WHERE A SINGLE-FAMILY RESIDENCE IS A PERMITTED USE BY
RIGHT IN THE MUNICIPALITY. ZONING REGULATIONS OF A MUNICIPALITY
THAT APPLY TO THE DEVELOPMENT OR USE OF DUPLEX HOUSING MAY NOT
BE MORE RESTRICTIVE THAN ZONING REGULATIONS THAT ARE APPLICABLE
TO SINGLE-FAMILY RESIDENCES.
(B) PLANNING AGENCY REVIEW.--
(1) A MUNICIPALITY MAY PETITION THE APPROPRIATE COUNTY
OR REGIONAL PLANNING AGENCY TO REVIEW A PROPOSED DEVELOPMENT
PERMITTED UNDER SUBSECTION (A) AND THE IMPACT IT WILL HAVE ON
EXISTING INFRASTRUCTURE.
(2) IF A PETITION IS FILED, THE AGENCY SHALL REVIEW THE
PETITION AND MAKE A DETERMINATION REGARDING THE EXISTING
INFRASTRUCTURE'S CAPACITY FOR THE PROPOSED DEVELOPMENT. THE
AGENCY MAY REQUIRE THE DEVELOPER TO MAKE REASONABLE
IMPROVEMENTS TO THE EXISTING INFRASTRUCTURE AS A CONDITION OF
ALLOWING THE DEVELOPMENT. THE REQUIRED IMPROVEMENTS MAY ONLY
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BE THOSE THAT ARE NECESSARY FOR UPGRADING THE EXISTING
INFRASTRUCTURE'S CAPACITY FOR THE PROPOSED DEVELOPMENT.
(C) APPLICABILITY.--THIS SECTION SHALL APPLY IN A
MUNICIPALITY:
(1) WITH A POPULATION OVER 5,000 AS OF THE MOST RECENT
FEDERAL DECENNIAL CENSUS; AND
(2) SITUATED WITHIN A COUNTY THAT WAS REPORTED TO HAVE
AN INCREASE IN TOTAL POPULATION IN THE MOST RECENT FEDERAL
DECENNIAL CENSUS FROM THE IMMEDIATE PRIOR FEDERAL DECENNIAL
CENSUS.
(D) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"DUPLEX HOUSING." A RESIDENTIAL BUILDING WITH TWO DWELLING
UNITS SEPARATED BY A HORIZONTAL OR VERTICAL WALL.
"DWELLING UNIT." A SINGLE UNIT PROVIDING COMPLETE
INDEPENDENT LIVING FACILITIES FOR ONE OR MORE INDIVIDUALS,
INCLUDING PERMANENT FACILITIES FOR COOKING, EATING, LIVING,
SANITATION AND SLEEPING.
"MULTI-FAMILY HOUSING." DUPLEX HOUSING, TRIPLEX HOUSING OR
QUADPLEX HOUSING.
"MUNICIPALITY." A CITY, INCLUDING A CITY WITH A HOME RULE
CHARTER, TOWNSHIP, BOROUGH OR INCORPORATED TOWN.
"QUADPLEX HOUSING." A RESIDENTIAL BUILDING WITH FOUR
DWELLING UNITS SEPARATED BY A HORIZONTAL OR VERTICAL WALL.
"SINGLE-FAMILY RESIDENCE." A STRUCTURE MAINTAINED AND USED
AS A SINGLE DWELLING UNIT. A DWELLING UNIT THAT SHARES ONE OR
MORE WALLS WITH ANOTHER DWELLING UNIT IS A SINGLE-FAMILY
RESIDENCE IF IT HAS DIRECT ACCESS TO A STREET OR THOROUGHFARE
AND DOES NOT SHARE HEATING FACILITIES, HOT WATER EQUIPMENT OR
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ANY OTHER FACILITY OR SERVICE WITH ANOTHER DWELLING UNIT.
"TRIPLEX HOUSING." A RESIDENTIAL BUILDING WITH THREE
DWELLING UNITS SEPARATED BY A HORIZONTAL OR VERTICAL WALL.
SECTION 2. THIS ACT SHALL TAKE EFFECT IN 180 DAYS.
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