AN ACT

 

1Amending Title 68 (Real and Personal Property) of the 
2Pennsylvania Consolidated Statutes, in general provisions,
3further providing for applicability of local ordinances,
4regulations and building codes.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 5106(c) of Title 68 of the Pennsylvania
8Consolidated Statutes is amended to read:

9§ 5106. Applicability of local ordinances, regulations and
10building codes.

11* * *

12(c) Status.--

13(1) The creation of a planned community under section
145201 (relating to creation of planned community) out of an
15entire lot, parcel or tract of real estate which has 
16previously received approval for land development or 
17subdivision, as those terms are defined in section 107 of the 
18act of July 31, 1968 (P.L.805, No.247), known as the 
19Pennsylvania Municipalities Planning Code, or the conveyance
 

1of units in the planned community, shall not, in and of
2itself, constitute a subdivision or land development for the
3purpose of subdivision, land development or other laws,
4ordinances and regulations.

5(2) The use of the planned community shall comply with
6zoning regulations applicable to the parcel of land or tract
7of real estate on which the planned community is created.

8(3) Any person creating a planned community out of a
9vacant parcel or tract of real estate which has not been
10subject to subdivision or land development approval shall
11submit a copy of the planned community declaration and
12planned community plan to all municipalities in which the
13parcel or tract of real estate is located, unless the
14creation of the planned community is for an estate planning
15purpose of conveying units to family members or an entity
16controlled by family members so that the conveyance would not
17be subject to realty transfer taxes pursuant to Article XI-C
18of the act of March 4, 1971 (P.L.6, No.2), known as the Tax
19Reform Code of 1971.

20(4) Construction of any structure or building on any
21unit or common facility shall be subject to the provisions of
22any zoning, subdivision, land development, building code or
23other real estate law, ordinance or regulation.

24* * *

25Section 2. This act shall take effect in 60 days.