| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 580, 1173, 1211, 1215 | PRINTER'S NO. 1794 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PILEGGI, YAW, FONTANA, LOGAN, BAKER, ORIE, ALLOWAY, ERICKSON, WOZNIAK, MUSTO, CORMAN, LEACH, WONDERLING, M. WHITE, TARTAGLIONE, BOSCOLA AND MENSCH, MARCH 4, 2009 |
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| AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 23, 2010 |
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| AN ACT |
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1 | Providing for an extension of approvals granted by a government | <-- |
2 | agency during the period beginning after December 31, 2008, |
3 | and ending before July 2, 2013. |
4 | Providing for the extension of certain permits and approvals | <-- |
5 | affecting the physical development of real property located |
6 | in municipalities. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Short title. | <-- |
10 | This act shall be known and may be cited as the Development |
11 | Permit Extension Act. |
12 | Section 2. Definitions. |
13 | The following words and phrases when used in this act shall |
14 | have the meanings given to them in this section unless the |
15 | context clearly indicates otherwise: |
16 | "Approval." Any government agency approval, license, permit, |
17 | certificate, variance, waiver, interpretation, determination, |
18 | exemption, exception, no further action letter, agreement or |
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1 | other authorization or decision: |
2 | (1) allowing a development or construction project to |
3 | proceed; or |
4 | (2) relating to or affecting development, granted |
5 | pursuant to a statute or regulation, including the following: |
6 | (i) 37 Pa.C.S. (relating to historical and museums). |
7 | (ii) 53 Pa.C.S. (relating to municipalities |
8 | generally). |
9 | (iii) 68 Pa.C.S. Pt. II, Subpt. D (relating to |
10 | planned communities). |
11 | (iv) The act of June 13, 1836 (P.L.551, No.169), |
12 | referred to as the General Road Law. |
13 | (v) The act of April 27, 1927 (P.L.465, No.299), |
14 | referred to as the Fire and Panic Act. |
15 | (vi) The act of April 9, 1929 (P.L.177, No.175), |
16 | known as The Administrative Code of 1929. |
17 | (vii) The act of June 23, 1931 (P.L.932, No.317), |
18 | known as The Third Class City Code. |
19 | (viii) The act of June 24, 1931 (P.L.1206, No.331), |
20 | known as The First Class Township Code. |
21 | (ix) The act of May 1, 1933 (P.L.103, No.69), known |
22 | as The Second Class Township Code. |
23 | (x) The act of June 22, 1937 (P.L.1987, No.394), |
24 | known as The Clean Streams Law. |
25 | (xi) The act of June 1, 1945 (P.L.1242, No.428), |
26 | known as the State Highway Law. |
27 | (xii) The act of July 28, 1953 (P.L.723, No.230), |
28 | known as the Second Class County Code. |
29 | (xiii) The act of August 9, 1955 (P.L.323, No.130), |
30 | known as The County Code. |
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1 | (xiv) The act of July 15, 1957 (P.L.901, No.399), |
2 | known as the Optional Third Class City Charter Law. |
3 | (xv) The act of May 16, 1923 (P.L.207, No.153), |
4 | referred to as the Municipal Claim and Tax Lien Law. |
5 | (xvi) The act of January 24, 1966 (1965 P.L.1535, |
6 | No.537), known as the Pennsylvania Sewage Facilities Act. |
7 | (xvii) The act of February 1, 1966 (1965 P.L.1656, |
8 | No.581), known as The Borough Code. |
9 | (xviii) The act of July 31, 1968 (P.L.805, No.247), |
10 | known as the Pennsylvania Municipalities Planning Code. |
11 | (xix) The act of July 9, 1971 (P.L.206, No.34), |
12 | known as the Improvement of Deteriorating Real Property |
13 | or Areas Tax Exemption Act. |
14 | (xx) The act of October 4, 1978 (P.L.851, No.166), |
15 | known as the Flood Plain Management Act. |
16 | (xxi) The act of November 26, 1978 (P.L.1375, |
17 | No.325), known as the Dam Safety and Encroachments Act. |
18 | (xxii) The act of July 7, 1980 (P.L.380, No.97), |
19 | known as the Solid Waste Management Act. |
20 | (xxiii) The act of December 20, 2000 (P.L.724, |
21 | No.99), known as the Municipal Code and Ordinance |
22 | Compliance Act. |
23 | (xxiv) The act of June 22, 2001 (P.L.390, No.29), |
24 | known as the Conservation and Preservation Easements Act. |
25 | (xxv) The act of May 16, 2002 (P.L.315, No.46), |
26 | known as the Community Services Block Grant Act. |
27 | (xxvi) Soil erosion and sediment control plans |
28 | granted by a local soil conservation district under 25 |
29 | Pa. Code Ch. 102 (relating to erosion and sediment |
30 | control). |
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1 | (xxvii) The National Historic Preservation Act |
2 | (Public Law 89-665, 80 Stat. 915), to the extent the |
3 | Commonwealth has been empowered to administer, approve or |
4 | otherwise authorize activities under that act. |
5 | (xxviii) The Federal Water Pollution Control Act (62 |
6 | Stat. 1155, 33 U.S.C. § 1251 et seq.), to the extent the |
7 | Commonwealth has been empowered to administer, approve or |
8 | otherwise authorize activities under that act. |
9 | "Development." Any of the following: |
10 | (1) The division of a parcel of land into two or more |
11 | parcels, including a subdivision as defined in section 107 of |
12 | the act of July 31, 1968 (P.L.805, No.247), known as the |
13 | Pennsylvania Municipalities Planning Code. |
14 | (2) The construction, reconstruction, conversion, |
15 | structural alteration, relocation or enlargement of a |
16 | building or other structure or facility. |
17 | (3) Site preparation, including grading, earth moving |
18 | activities, demolition and clearance, soil removal, timber |
19 | harvesting relocation, excavation, landfill and moving, |
20 | depositing or storing soil, rock or earth materials. |
21 | (4) A use or change in the use of a building or other |
22 | structure or change in land use. |
23 | (5) Land development as defined in section 107 of the |
24 | Pennsylvania Municipalities Planning Code. |
25 | "Extension period." The period beginning after December 31, |
26 | 2008, and ending before July 2, 2013. |
27 | "Government agency." The Commonwealth, a political |
28 | subdivision or an agency, department, commission or board of the |
29 | Commonwealth or a political subdivision. The term includes |
30 | regional commissions, boards or instrumentalities with the |
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1 | authority to issue approvals. |
2 | Section 3. Existing approval. |
3 | (a) Automatic suspension.--The expiration date of an |
4 | approval by a government agency relating to development that is |
5 | granted for or in effect during the extension period, whether |
6 | obtained before or after the beginning of the extension period, |
7 | shall be automatically suspended during the extension period. |
8 | (b) Duration.--Nothing in this section shall shorten the |
9 | term or duration an approval relating to development would have |
10 | had in the absence of the enactment of this section. Nothing in |
11 | this section shall prohibit the granting of additional |
12 | extensions as provided by law. |
13 | Section 4. Subsequent changes. |
14 | (a) Change in law.--A law, regulation or policy enacted or |
15 | adopted by a government agency during the extension period shall |
16 | not have the effect of prohibiting or limiting an approval |
17 | during the extension period. |
18 | (b) Planning code approval.--When an approval has been |
19 | granted under section 508 of the act of July 31, 1968 (P.L.805, |
20 | No.247), known as the Pennsylvania Municipalities Planning Code, |
21 | a subsequent change in a zoning, subdivision or other governing |
22 | ordinance or plan shall not apply to or affect the right of the |
23 | applicant to commence or complete the activities authorized by |
24 | the approval for the duration of the extension period. For |
25 | purposes of this subsection, the extension period shall be |
26 | extended for the duration of any litigation, including appeals, |
27 | relating to an approval which prevents the completion of all or |
28 | part of the activity authorized by the approval. |
29 | (c) Nonexpiration.--An action by a government agency or law |
30 | to lease, license, grant or otherwise convey rights in the beds |
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1 | of navigable waters of the Commonwealth shall not expire for the |
2 | duration of the extension period, including time limits relating |
3 | to the initiation, prosecution or completion of construction. A |
4 | conveyance of rights under this subsection shall not terminate |
5 | for failure to initiate, prosecute or complete construction. |
6 | Section 5. Agency verification. |
7 | (a) Request for verification.-- |
8 | (1) The holder or recipient of an approval may seek |
9 | written verification from the issuing government agency for |
10 | any of the following: |
11 | (i) The existence of a valid approval. |
12 | (ii) The expiration date of the approval under this |
13 | act. |
14 | (2) The request shall set forth the approval in question |
15 | and the anticipated expiration date under this act. |
16 | (b) Agency action.--Upon receipt of a request under |
17 | subsection (a), the government agency shall respond in writing, |
18 | affirming or denying the existence of the approval, its |
19 | expiration date and any issues associated with its validity |
20 | within 30 days of receipt of the request. Failure to respond |
21 | within 30 days shall result in a deemed affirmation of the |
22 | existence of the approval and expiration date set forth in the |
23 | request submitted under subsection (a). The agency may charge a |
24 | fee of not more than $100 for verification of a residential |
25 | approval and $500 for verification of a commercial approval |
26 | under this subsection. |
27 | (c) Failure to seek affirmation.--The failure of the holder |
28 | of an approval to seek verification from a government agency |
29 | shall not be grounds for termination, revocation or other |
30 | invalidation of an approval. |
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1 | Section 6. Applicability. |
2 | This act shall not apply to any of the following: |
3 | (1) An approval issued by an agency of the United States |
4 | or an approval issued the duration of which is specified or |
5 | determined by Federal law or regulation. |
6 | (2) An administrative consent order or other enforcement |
7 | action relating to an individual approval that is subject to |
8 | the extension period. |
9 | (3) An approval, designation or benefit under the act of |
10 | October 6, 1998 (P.L.705, No.92), known as the Keystone |
11 | Opportunity Zone, Keystone Opportunity Expansion Zone and |
12 | Keystone Opportunity Improvement Zone Act. |
13 | (4) A "One-Call" determination, response or other |
14 | requirement under the act of December 10, 1974 (P.L.852, |
15 | No.287), referred to as the Underground Utility Line |
16 | Protection Law. |
17 | (5) The revocation or modification of an approval or |
18 | extension of an approval, when the approval authorizes the |
19 | modification or revocation for cause. |
20 | (6) If an approval is based upon the connection to a |
21 | sanitary sewer system or water distribution system, the |
22 | application of the extension period shall be contingent upon |
23 | the availability of sufficient capacity of the system to |
24 | accommodate the development that is the subject of the |
25 | extended approval. If sufficient capacity is unavailable at |
26 | the time it is required to proceed with development under the |
27 | approval, priority with regard to further distribution or |
28 | allocation of capacity shall be established by the date on |
29 | which the approval was obtained. Priority relating to |
30 | distribution of additional capacity shall be allocated in |
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1 | order of the granting of the original approval for the |
2 | connection. |
3 | Section 7. Notice. |
4 | Within 30 days of the effective date of this section, each |
5 | affected Commonwealth agency shall publish notice of |
6 | applicability of the extension period to approvals granted by |
7 | the Commonwealth agency under this act in the Pennsylvania |
8 | Bulletin. |
9 | Section 8. Miscellaneous. |
10 | Nothing in this act shall be construed to modify any |
11 | requirement of law that is necessary to retain Federal |
12 | delegation to, or assumption by, the Commonwealth of the |
13 | authority to implement a Federal law or program. |
14 | Section 20. Effective date. |
15 | This act shall take effect in 60 days. |
16 | Section 1. Short title. | <-- |
17 | This act shall be known and may be cited as the Real Property |
18 | Development Permit and Approval Extension Act. |
19 | Section 2. Legislative findings. |
20 | The General Assembly finds and declares as follows: |
21 | (1) There exists a state of national recession, which |
22 | has drastically affected various segments of the |
23 | Commonwealth’s economy including, but not limited to, the |
24 | banking, real estate and construction sectors. |
25 | (2) As a result of the crisis in the real estate finance |
26 | sector of the economy, real estate developers and |
27 | redevelopers, including homebuilders and commercial, office |
28 | and industrial developers, have experienced an industry-wide |
29 | decline, including reduced demand, canceled orders, declining |
30 | sales and rentals, price reductions, increased inventory, |
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1 | fewer buyers who qualify to purchase homes, layoffs and |
2 | scaled-back growth plans. |
3 | (3) The process of obtaining planning board and zoning |
4 | board approvals for subdivisions, site plans and variances |
5 | can be difficult, time consuming and expensive, both for |
6 | private applicants and government bodies. |
7 | (4) Due to the current inability of builders and their |
8 | purchasers to obtain financing, under existing economic |
9 | conditions, more and more once-approved permits and approvals |
10 | are expiring or lapsing and, as these permits and approvals |
11 | lapse, lenders must reappraise and thereafter substantially |
12 | lower real estate valuations established in conjunction with |
13 | approved projects, thereby requiring the reclassification of |
14 | numerous loans, which in turn, affects the stability of the |
15 | banking system and reduces the funds available for future |
16 | lending, thus creating more severe restrictions on credit and |
17 | leading to a vicious cycle of default. |
18 | (5) As a result of the continued downturn of the economy |
19 | and the continued expiration of permits and approvals which |
20 | were granted by the Commonwealth and its municipalities, it |
21 | is possible that thousands of government actions will be |
22 | undone by the passage of time. |
23 | (6) Obtaining an extension of a permit or an approval |
24 | under existing statutory or regulatory provisions can be both |
25 | costly in terms of time and financial resources and |
26 | insufficient to cope with the extent of the present financial |
27 | situation. |
28 | (7) It is the purpose of this act to prevent the |
29 | wholesale abandonment of approved projects and activities due |
30 | to the present unfavorable economic conditions by tolling the |
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1 | term of these permits and approvals for a period of time, |
2 | thereby preventing a waste of public and private resources |
3 | and continuing real property development projects which may |
4 | help to eradicate previously blighted structures. |
5 | Section 3. Definitions. |
6 | The following words and phrases when used in this act shall |
7 | have the meanings given to them in this section unless the |
8 | context clearly indicates otherwise: |
9 | "Approval." A permit or other government authorization or |
10 | approval for construction, erection, removal, demolition or |
11 | change in exterior dimension of any structure on the land or for |
12 | use or occupancy of any structure or land, including, but not |
13 | limited to: |
14 | (1) construction or erection of a structure; |
15 | (2) construction of an addition to a structure; |
16 | (3) altering, modifying, repairing or improving a |
17 | structure; |
18 | (4) demolishing, moving or removing a structure; |
19 | (5) installing any trailer, regardless of the method of |
20 | support; |
21 | (6) clearing, grubbing or disturbing the earth of any |
22 | land in excess of 5,000 square feet; or |
23 | (7) making a change of occupancy or any new use |
24 | commenced on any land or in any structure. |
25 | This term does not include any approval in the nature of a |
26 | license or contractual agreement. |
27 | Section 4. Extension of certain permits and approvals. |
28 | (a) General rule.--Except as provided in subsection (e), any |
29 | permit or approval issued by a municipality or by the |
30 | Commonwealth under: |
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1 | (1) the act of June 1, 1945 (P.L.1242, No.428), known as |
2 | the State Highway Law; |
3 | (2) the act of November 26, 1978 (P.L.1375, No.325), |
4 | known as the Dam Safety and Encroachments Act, specifically, |
5 | any permit issued under 25 Pa. Code § 105.99 (relating to |
6 | dams in subdivision developments); |
7 | (3) section 5 of the act of June 22, 1937 (P.L.1987, No. |
8 | 394), known as The Clean Streams Law; |
9 | (4) the act of January 24, 1966 (1965 P.L.1535, No. |
10 | 537), known as the Pennsylvania Sewage Facilities Act; |
11 | (5) the act of October 4, 1978 (P.L.864, No.167), known |
12 | as the Storm Water Management Act; or |
13 | (6) any approvals pursuant to an ordinance of a city of |
14 | the first class, city of the second class or any other |
15 | municipality that chooses to opt into this act that pertains |
16 | to land use, including, but not limited to, building permits; |
17 | which expires after the effective date of this section and |
18 | before January 1, 2013, shall be extended once for one full |
19 | calendar year upon written request of the holder of the permit |
20 | or approval and payment of a fee to the issuing authority that |
21 | may, in the discretion of the issuing authority, be not more |
22 | than 50% of the original permit or approval fee, but in no |
23 | circumstances more than $7,500. |
24 | (b) Optional extensions.--A municipality, other than a city |
25 | of the first class or a city of the second class, may, in its |
26 | discretion and in accordance with subsection (a), extend permits |
27 | or approvals issued by the municipality pertaining to land use. |
28 | (c) Independence from Commonwealth extensions.--Regardless |
29 | of any action by the Commonwealth to extend a permit or |
30 | approval, no municipality other than a city of the first class |
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1 | or a city of the second class shall be required to extend any |
2 | permit or approval pertaining to the subject matter of the |
3 | Commonwealth's extension. |
4 | (d) Extension of authority for riparian land leases.-- |
5 | (1) The time period relating to obtaining a building |
6 | permit under section 1(i) of the act of February 22, 2008 |
7 | (P.L.36, No.4), entitled "An act authorizing the Department |
8 | of General Services, with the concurrence of the Department |
9 | of Environmental Protection, to lease to VTE Philadelphia, |
10 | LP, or its nominee, land within the bed of the Delaware River |
11 | in the City of Philadelphia; and affirming the authority of |
12 | the General Assembly to enact certain conveyances," shall be |
13 | extended until January 1, 2011, or one year from the |
14 | effective date of this subsection, whichever is later. |
15 | (2) The time period relating to obtaining a building |
16 | permit under section 1(i) of the act of February 22, 2008 |
17 | (P.L.41, No.5), entitled "An act authorizing the Department |
18 | of General Services, with the concurrence of the Department |
19 | of Environmental Protection, to lease to NCCB Associates, LP, |
20 | or its nominee, land within the bed of the Delaware River in |
21 | the City of Philadelphia; and affirming the authority of the |
22 | General Assembly to enact certain conveyances," shall be |
23 | extended until January 1, 2011, or one year from the |
24 | effective date of this subsection, whichever is later. |
25 | (e) Exceptions.–-The provisions of subsection (a) shall not |
26 | apply to: |
27 | (1) Any permit or approval issued for real property that |
28 | potentially impacts waters of this Commonwealth designated as |
29 | high quality or exceptional value watersheds or wetlands. |
30 | (2) Any other permit or approval issued under any |
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1 | Federal or State law or regulation. |
2 | (3) Any permit or approval issued to comply with Federal |
3 | law or regulation, the duration or terms of expiration of |
4 | which is established by or pursuant to Federal law or |
5 | regulation. |
6 | Section 5. Construction. |
7 | Notwithstanding the provisions of this act to the contrary, |
8 | the Commonwealth or a municipality shall retain the authority: |
9 | (1) to suspend or revoke any permit or approval extended |
10 | for noncompliance with any condition or requirement |
11 | applicable to the permit or approval; and |
12 | (2) where granted by statute or regulation, to enforce |
13 | conditions on permits and approvals. |
14 | Section 6. Effective date. |
15 | This act shall take effect immediately. |
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