Bill Text: PA HB1055 | 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: Moderate Partisan Bill (Democrat 8-2)

Status: (Engrossed - Dead) 2009-07-10 - Referred to LOCAL GOVERNMENT [HB1055 Detail]

Download: Pennsylvania-2009-HB1055-Amended.html

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PRIOR PRINTER'S NOS. 1224, 1598, 2346 PRINTER'S NO. 2400
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1055 Session of2009
INTRODUCED BY M. O'BRIEN, W. KELLER, JOSEPHS, SCAVELLO, YOUNGBLOOD, DONATUCCI, SIPTROTH, DALEY, GERBER AND HELM, MARCH 23, 2009
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JULY 7, 2009
AN ACT
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 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,
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.
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(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
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.
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(a) General rule.--Except as provided in subsection (e), any
permit or approval issued by a municipality or by the
Commonwealth under:
(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 June 1, 2009, 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
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of any action by the Commonwealth to extend a permit or
approval, no municipality other than a city of the first class
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 any other real property which is waters <--
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of this Commonwealth designated as high quality or
exceptional value watersheds or wetlands.
(2) Any other permit or approval issued under any
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,
an issuing authority 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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