Bill Text: PA SB569 | 2009-2010 | Regular Session | Amended

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Bill Title: Providing for the extension of certain permits and approvals affecting the physical development of real property located in municipalities.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2010-03-24 - Re-referred to APPROPRIATIONS [SB569 Detail]

Download: Pennsylvania-2009-SB569-Amended.html

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HOUSE AMENDED
PRIOR PRINTER'S NOS. 580, 1173, 1211, 1215 PRINTER'S NO. 1794
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 569 Session of2009
INTRODUCED BY PILEGGI, YAW, FONTANA, LOGAN, BAKER, ORIE, ALLOWAY, ERICKSON, WOZNIAK, MUSTO, CORMAN, LEACH, WONDERLING, M. WHITE, TARTAGLIONE, BOSCOLA AND MENSCH, MARCH 4, 2009
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 23, 2010
AN ACT
Providing for an extension of approvals granted by a government <--
agency during the period beginning after December 31, 2008,
and ending before July 2, 2013.
Providing for the extension of certain permits and approvals <--
affecting the physical development of real property located
in municipalities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title. <--
This act shall be known and may be cited as the Development
Permit Extension Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Approval." Any government agency approval, license, permit,
certificate, variance, waiver, interpretation, determination,
exemption, exception, no further action letter, agreement or
other authorization or decision:
(1) allowing a development or construction project to
proceed; or
(2) relating to or affecting development, granted
pursuant to a statute or regulation, including the following:
(i) 37 Pa.C.S. (relating to historical and museums).
(ii) 53 Pa.C.S. (relating to municipalities
generally).
(iii) 68 Pa.C.S. Pt. II, Subpt. D (relating to
planned communities).
(iv) The act of June 13, 1836 (P.L.551, No.169),
referred to as the General Road Law.
(v) The act of April 27, 1927 (P.L.465, No.299),
referred to as the Fire and Panic Act.
(vi) The act of April 9, 1929 (P.L.177, No.175),
known as The Administrative Code of 1929.
(vii) The act of June 23, 1931 (P.L.932, No.317),
known as The Third Class City Code.
(viii) The act of June 24, 1931 (P.L.1206, No.331),
known as The First Class Township Code.
(ix) The act of May 1, 1933 (P.L.103, No.69), known
as The Second Class Township Code.
(x) The act of June 22, 1937 (P.L.1987, No.394),
known as The Clean Streams Law.
(xi) The act of June 1, 1945 (P.L.1242, No.428),
known as the State Highway Law.
(xii) The act of July 28, 1953 (P.L.723, No.230),
known as the Second Class County Code.
(xiii) The act of August 9, 1955 (P.L.323, No.130),
known as The County Code.
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(xiv) The act of July 15, 1957 (P.L.901, No.399),
known as the Optional Third Class City Charter Law.
(xv) The act of May 16, 1923 (P.L.207, No.153),
referred to as the Municipal Claim and Tax Lien Law.
(xvi) The act of January 24, 1966 (1965 P.L.1535,
No.537), known as the Pennsylvania Sewage Facilities Act.
(xvii) The act of February 1, 1966 (1965 P.L.1656,
No.581), known as The Borough Code.
(xviii) The act of July 31, 1968 (P.L.805, No.247),
known as the Pennsylvania Municipalities Planning Code.
(xix) The act of July 9, 1971 (P.L.206, No.34),
known as the Improvement of Deteriorating Real Property
or Areas Tax Exemption Act.
(xx) The act of October 4, 1978 (P.L.851, No.166),
known as the Flood Plain Management Act.
(xxi) The act of November 26, 1978 (P.L.1375,
No.325), known as the Dam Safety and Encroachments Act.
(xxii) The act of July 7, 1980 (P.L.380, No.97),
known as the Solid Waste Management Act.
(xxiii) The act of December 20, 2000 (P.L.724,
No.99), known as the Municipal Code and Ordinance
Compliance Act.
(xxiv) The act of June 22, 2001 (P.L.390, No.29),
known as the Conservation and Preservation Easements Act.
(xxv) The act of May 16, 2002 (P.L.315, No.46),
known as the Community Services Block Grant Act.
(xxvi) Soil erosion and sediment control plans
granted by a local soil conservation district under 25
Pa. Code Ch. 102 (relating to erosion and sediment
control).
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(xxvii) The National Historic Preservation Act
(Public Law 89-665, 80 Stat. 915), to the extent the
Commonwealth has been empowered to administer, approve or
otherwise authorize activities under that act.
(xxviii) The Federal Water Pollution Control Act (62
Stat. 1155, 33 U.S.C. § 1251 et seq.), to the extent the
Commonwealth has been empowered to administer, approve or
otherwise authorize activities under that act.
"Development." Any of the following:
(1) The division of a parcel of land into two or more
parcels, including a subdivision as defined in section 107 of
the act of July 31, 1968 (P.L.805, No.247), known as the
Pennsylvania Municipalities Planning Code.
(2) The construction, reconstruction, conversion,
structural alteration, relocation or enlargement of a
building or other structure or facility.
(3) Site preparation, including grading, earth moving
activities, demolition and clearance, soil removal, timber
harvesting relocation, excavation, landfill and moving,
depositing or storing soil, rock or earth materials.
(4) A use or change in the use of a building or other
structure or change in land use.
(5) Land development as defined in section 107 of the
Pennsylvania Municipalities Planning Code.
"Extension period." The period beginning after December 31,
2008, and ending before July 2, 2013.
"Government agency." The Commonwealth, a political
subdivision or an agency, department, commission or board of the
Commonwealth or a political subdivision. The term includes
regional commissions, boards or instrumentalities with the
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authority to issue approvals.
Section 3. Existing approval.
(a) Automatic suspension.--The expiration date of an
approval by a government agency relating to development that is
granted for or in effect during the extension period, whether
obtained before or after the beginning of the extension period,
shall be automatically suspended during the extension period.
(b) Duration.--Nothing in this section shall shorten the
term or duration an approval relating to development would have
had in the absence of the enactment of this section. Nothing in
this section shall prohibit the granting of additional
extensions as provided by law.
Section 4. Subsequent changes.
(a) Change in law.--A law, regulation or policy enacted or
adopted by a government agency during the extension period shall
not have the effect of prohibiting or limiting an approval
during the extension period.
(b) Planning code approval.--When an approval has been
granted under section 508 of the act of July 31, 1968 (P.L.805,
No.247), known as the Pennsylvania Municipalities Planning Code,
a subsequent change in a zoning, subdivision or other governing
ordinance or plan shall not apply to or affect the right of the
applicant to commence or complete the activities authorized by
the approval for the duration of the extension period. For
purposes of this subsection, the extension period shall be
extended for the duration of any litigation, including appeals,
relating to an approval which prevents the completion of all or
part of the activity authorized by the approval.
(c) Nonexpiration.--An action by a government agency or law
to lease, license, grant or otherwise convey rights in the beds
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of navigable waters of the Commonwealth shall not expire for the
duration of the extension period, including time limits relating
to the initiation, prosecution or completion of construction. A
conveyance of rights under this subsection shall not terminate
for failure to initiate, prosecute or complete construction.
Section 5. Agency verification.
(a) Request for verification.--
(1) The holder or recipient of an approval may seek
written verification from the issuing government agency for
any of the following:
(i) The existence of a valid approval.
(ii) The expiration date of the approval under this
act.
(2) The request shall set forth the approval in question
and the anticipated expiration date under this act.
(b) Agency action.--Upon receipt of a request under
subsection (a), the government agency shall respond in writing,
affirming or denying the existence of the approval, its
expiration date and any issues associated with its validity
within 30 days of receipt of the request. Failure to respond
within 30 days shall result in a deemed affirmation of the
existence of the approval and expiration date set forth in the
request submitted under subsection (a). The agency may charge a
fee of not more than $100 for verification of a residential
approval and $500 for verification of a commercial approval
under this subsection.
(c) Failure to seek affirmation.--The failure of the holder
of an approval to seek verification from a government agency
shall not be grounds for termination, revocation or other
invalidation of an approval.
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Section 6. Applicability.
This act shall not apply to any of the following:
(1) An approval issued by an agency of the United States
or an approval issued the duration of which is specified or
determined by Federal law or regulation.
(2) An administrative consent order or other enforcement
action relating to an individual approval that is subject to
the extension period.
(3) An approval, designation or benefit under the act of
October 6, 1998 (P.L.705, No.92), known as the Keystone
Opportunity Zone, Keystone Opportunity Expansion Zone and
Keystone Opportunity Improvement Zone Act.
(4) A "One-Call" determination, response or other
requirement under the act of December 10, 1974 (P.L.852,
No.287), referred to as the Underground Utility Line
Protection Law.
(5) The revocation or modification of an approval or
extension of an approval, when the approval authorizes the
modification or revocation for cause.
(6) If an approval is based upon the connection to a
sanitary sewer system or water distribution system, the
application of the extension period shall be contingent upon
the availability of sufficient capacity of the system to
accommodate the development that is the subject of the
extended approval. If sufficient capacity is unavailable at
the time it is required to proceed with development under the
approval, priority with regard to further distribution or
allocation of capacity shall be established by the date on
which the approval was obtained. Priority relating to
distribution of additional capacity shall be allocated in
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order of the granting of the original approval for the
connection.
Section 7. Notice.
Within 30 days of the effective date of this section, each
affected Commonwealth agency shall publish notice of
applicability of the extension period to approvals granted by
the Commonwealth agency under this act in the Pennsylvania
Bulletin.
Section 8. Miscellaneous.
Nothing in this act shall be construed to modify any
requirement of law that is necessary to retain Federal
delegation to, or assumption by, the Commonwealth of the
authority to implement a Federal law or program.
Section 20. Effective date.
This act shall take effect in 60 days.
Section 1. Short title. <--
This act shall be known and may be cited as the Real Property
Development Permit and Approval Extension Act.
Section 2. Legislative findings.
The General Assembly finds and declares as follows:
(1) There exists a state of national recession, which
has drastically affected various segments of the
Commonwealth’s economy including, but not limited to, the
banking, real estate and construction sectors.
(2) As a result of the crisis in the real estate finance
sector of the economy, real estate developers and
redevelopers, including homebuilders and commercial, office
and industrial developers, have experienced an industry-wide
decline, including reduced demand, canceled orders, declining
sales and rentals, price reductions, increased inventory,
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fewer buyers who qualify to purchase homes, layoffs and
scaled-back growth plans.
(3) The process of obtaining planning board and zoning
board approvals for subdivisions, site plans and variances
can be difficult, time consuming and expensive, both for
private applicants and government bodies.
(4) Due to the current inability of builders and their
purchasers to obtain financing, under existing economic
conditions, more and more once-approved permits and approvals
are expiring or lapsing and, as these permits and approvals
lapse, lenders must reappraise and thereafter substantially
lower real estate valuations established in conjunction with
approved projects, thereby requiring the reclassification of
numerous loans, which in turn, affects the stability of the
banking system and reduces the funds available for future
lending, thus creating more severe restrictions on credit and
leading to a vicious cycle of default.
(5) As a result of the continued downturn of the economy
and the continued expiration of permits and approvals which
were granted by the Commonwealth and its municipalities, it
is possible that thousands of government actions will be
undone by the passage of time.
(6) Obtaining an extension of a permit or an approval
under existing statutory or regulatory provisions can be both
costly in terms of time and financial resources and
insufficient to cope with the extent of the present financial
situation.
(7) It is the purpose of this act to prevent the
wholesale abandonment of approved projects and activities due
to the present unfavorable economic conditions by tolling the
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term of these permits and approvals for a period of time,
thereby preventing a waste of public and private resources
and continuing real property development projects which may
help to eradicate previously blighted structures.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Approval." A permit or other government authorization or
approval for construction, erection, removal, demolition or
change in exterior dimension of any structure on the land or for
use or occupancy of any structure or land, including, but not
limited to:
(1) construction or erection of a structure;
(2) construction of an addition to a structure;
(3) altering, modifying, repairing or improving a
structure;
(4) demolishing, moving or removing a structure;
(5) installing any trailer, regardless of the method of
support;
(6) clearing, grubbing or disturbing the earth of any
land in excess of 5,000 square feet; or
(7) making a change of occupancy or any new use
commenced on any land or in any structure.
This term does not include any approval in the nature of a
license or contractual agreement.
Section 4. Extension of certain permits and approvals.
(a) General rule.--Except as provided in subsection (e), any
permit or approval issued by a municipality or by the
Commonwealth under:
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(1) the act of June 1, 1945 (P.L.1242, No.428), known as
the State Highway Law;
(2) the act of November 26, 1978 (P.L.1375, No.325),
known as the Dam Safety and Encroachments Act, specifically,
any permit issued under 25 Pa. Code § 105.99 (relating to
dams in subdivision developments);
(3) section 5 of the act of June 22, 1937 (P.L.1987, No.
394), known as The Clean Streams Law;
(4) the act of January 24, 1966 (1965 P.L.1535, No.
537), known as the Pennsylvania Sewage Facilities Act;
(5) the act of October 4, 1978 (P.L.864, No.167), known
as the Storm Water Management Act; or
(6) any approvals pursuant to an ordinance of a city of
the first class, city of the second class or any other
municipality that chooses to opt into this act that pertains
to land use, including, but not limited to, building permits;
which expires after the effective date of this section and
before January 1, 2013, shall be extended once for one full
calendar year upon written request of the holder of the permit
or approval and payment of a fee to the issuing authority that
may, in the discretion of the issuing authority, be not more
than 50% of the original permit or approval fee, but in no
circumstances more than $7,500.
(b) Optional extensions.--A municipality, other than a city
of the first class or a city of the second class, may, in its
discretion and in accordance with subsection (a), extend permits
or approvals issued by the municipality pertaining to land use.
(c) Independence from Commonwealth extensions.--Regardless
of any action by the Commonwealth to extend a permit or
approval, no municipality other than a city of the first class
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or a city of the second class shall be required to extend any
permit or approval pertaining to the subject matter of the
Commonwealth's extension.
(d) Extension of authority for riparian land leases.--
(1) The time period relating to obtaining a building
permit under section 1(i) of the act of February 22, 2008
(P.L.36, No.4), entitled "An act authorizing the Department
of General Services, with the concurrence of the Department
of Environmental Protection, to lease to VTE Philadelphia,
LP, or its nominee, land within the bed of the Delaware River
in the City of Philadelphia; and affirming the authority of
the General Assembly to enact certain conveyances," shall be
extended until January 1, 2011, or one year from the
effective date of this subsection, whichever is later.
(2) The time period relating to obtaining a building
permit under section 1(i) of the act of February 22, 2008
(P.L.41, No.5), entitled "An act authorizing the Department
of General Services, with the concurrence of the Department
of Environmental Protection, to lease to NCCB Associates, LP,
or its nominee, land within the bed of the Delaware River in
the City of Philadelphia; and affirming the authority of the
General Assembly to enact certain conveyances," shall be
extended until January 1, 2011, or one year from the
effective date of this subsection, whichever is later.
(e) Exceptions.–-The provisions of subsection (a) shall not
apply to:
(1) Any permit or approval issued for real property that
potentially impacts waters of this Commonwealth designated as
high quality or exceptional value watersheds or wetlands.
(2) Any other permit or approval issued under any
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Federal or State law or regulation.
(3) Any permit or approval issued to comply with Federal
law or regulation, the duration or terms of expiration of
which is established by or pursuant to Federal law or
regulation.
Section 5. Construction.
Notwithstanding the provisions of this act to the contrary,
the Commonwealth or a municipality shall retain the authority:
(1) to suspend or revoke any permit or approval extended
for noncompliance with any condition or requirement
applicable to the permit or approval; and
(2) where granted by statute or regulation, to enforce
conditions on permits and approvals.
Section 6. Effective date.
This act shall take effect immediately.
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