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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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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PRIOR PRINTER'S NO. 580 PRINTER'S NO. 1173
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 AND BOSCOLA, MARCH 4, 2009
SENATOR EICHELBERGER, LOCAL GOVERNMENT, AS AMENDED, JUNE 16, 2009
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, 2011.
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 Building <--
Development Permit Extension Act. <--
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to then in this section unless the
context clearly indicates otherwise:
"Approval." An authorization granted by a government agency <--
in the form of a permit, approval, license, certification,
permission, determination, exemption, variance, exception,
waiver, letter of interpretation or agreement that allows a
development or construction project to proceed.
"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),
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known as the Second Class County Code.
(xiii) The act of August 9, 1955 (P.L.323, No.130),
known as The County Code.
(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
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granted by a local soil conservation district under 25
Pa. Code Ch. 102 (relating to erosion and sediment
control).
(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) Grading, soil removal, relocation, excavation or <--
landfill.
(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,
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2008, and ending before July 2, 2011 2013. <--
"Government agency." An agency, department, commission or <--
board of the Commonwealth or of a political subdivision of the
Commonwealth. The term includes regional commissions, boards or
other instrumentalities 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
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.
The automatic suspension of the expiration of an approval under
this section shall not extend the approval for more than six
months beyond the conclusion of 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,
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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
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
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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.
Section 4 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 approval issued by the Department of <--
Transportation.
(3) An administrative consent order or other enforcement
action by the Department of Environmental Protection. <--
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.
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(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, the
holder of a permit that is subject to the extension period
shall have priority with regard to further allocation of
capacity over the holder of a permit that receives approval
after the effective date of this act. Priority relating to
distribution of additional capacity shall be allocated in
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.
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