PRINTER'S NO. 2213
No. 1715 Session of 2003
INTRODUCED BY STEIL, BROWNE, CAPPELLI, CREIGHTON, CRUZ, GINGRICH, GODSHALL, GRUCELA, HERSHEY, KELLER, LEDERER, MELIO, MICOZZIE, R. MILLER, MYERS, NAILOR, O'NEILL, REICHLEY, RUBLEY, SCAVELLO, E. Z. TAYLOR, TIGUE, VANCE AND WATSON, JUNE 25, 2003
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 25, 2003
AN ACT 1 Amending the act of July 31, 1968 (P.L.805, No.247), entitled, 2 as amended, "An act to empower cities of the second class A, 3 and third class, boroughs, incorporated towns, townships of 4 the first and second classes including those within a county 5 of the second class and counties of the second through eighth 6 classes, individually or jointly, to plan their development 7 and to govern the same by zoning, subdivision and land 8 development ordinances, planned residential development and 9 other ordinances, by official maps, by the reservation of 10 certain land for future public purpose and by the acquisition 11 of such land; to promote the conservation of energy through 12 the use of planning practices and to promote the effective 13 utilization of renewable energy sources; providing for the 14 establishment of planning commissions, planning departments, 15 planning committees and zoning hearing boards, authorizing 16 them to charge fees, make inspections and hold public 17 hearings; providing for mediation; providing for transferable 18 development rights; providing for appropriations, appeals to 19 courts and penalties for violations; and repealing acts and 20 parts of acts," providing for the refund of moneys paid for 21 certain improvements. 22 The General Assembly of the Commonwealth of Pennsylvania 23 hereby enacts as follows: 24 Section 1. The act of July 31, 1968 (P.L.805, No.247), known 25 as the Pennsylvania Municipalities Planning Code, reenacted and 26 amended December 21, 1988 (P.L.1329, No.170), is amended by
1 adding a section to read: 2 Section 510.1 Refund of Money Paid for Improvements Not 3 Made.--(a) A municipality shall make a refund, in accordance 4 with this section, of money paid to it, plus interest 5 accumulated thereon from the date of payment, if each of the 6 following conditions are met: 7 (1) A person pays money to a municipality to offset all or a 8 portion of the cost of an improvement to be made by the 9 municipality in connection with the person's application for a 10 building permit, certificate-of-occupancy, development or any 11 other approval or permit required for construction, land 12 development, subdivision or occupancy. 13 (2) The municipality fails to utilize the money for the 14 purpose for which it was paid within three years after the 15 scheduled construction date set forth in a capital improvements 16 program or its equivalent, or if no such program exists, within 17 three years after the date of payment. 18 (b) This section shall not apply to refunds authorized under 19 any other provision of this act. 20 (c) Nothing herein shall limit the authority of a 21 municipality to assess the cost for any improvement against the 22 property benefited. 23 Section 2. This act shall apply to municipal assessments, 24 charges or fees imposed after June 30, 2003. 25 Section 3. This act shall take effect immediately. F11L53RZ/20030H1715B2213 - 2 -