1Providing for permit extensions; and making a repeal.

2The General Assembly of the Commonwealth of Pennsylvania
3hereby enacts as follows:

4Section 1. Short title.

5This act shall be known and may be cited as the Development
6Permit Extension Act.

7Section 2. Definitions.

8The following words and phrases when used in this act shall
9have the meanings given to them in this section unless the
10context clearly indicates otherwise:

11"Approval."

12(1) Except as provided in paragraph (2), any government
13agency approval, agreement, permit, including a building
14permit or construction permit, or other authorization or
15decision:

1(i) allowing a development or construction project
2to proceed; or

3(ii) relating to or affecting development, granted
4pursuant to a statute, regulation or ordinance adopted by
5a municipality, including the following:

6(A) 37 Pa.C.S. (relating to historical and
7museums).

8(B) 53 Pa.C.S. (relating to municipalities
9generally).

10(C) 68 Pa.C.S. Pt. II Subpt. B (relating to
11condominiums).

12(D) 68 Pa.C.S. Pt. II Subpt. C (relating to
13cooperatives).

14(E) 68 Pa.C.S. Pt. II, Subpt. D (relating to
15planned communities).

16(F) The act of March 7, 1901 (P.L.20, No.14),
17referred to as the Second Class City Law, as it
18relates to development and construction.

19(G) The act of May 16, 1923 (P.L.207, No.153),
20referred to as the Municipal Claim and Tax Lien Law.

21(H) The act of April 9, 1929 (P.L.177, No.175),
22known as The Administrative Code of 1929.

23(I) The act of June 23, 1931 (P.L.932, No.317),
24known as The Third Class City Code, as it relates to
25development and construction.

26(J) The act of June 24, 1931 (P.L.1206, No.331),
27known as The First Class Township Code, as it relates
28to development and construction.

29(K) The act of May 1, 1933 (P.L.103, No.69),
30known as The Second Class Township Code, as it

1relates to development and construction.

2(L) The act of June 22, 1937 (P.L.1987, No.394),
3known as The Clean Streams Law.

4(M) The act of June 1, 1945 (P.L.1242, No.428),
5known as the State Highway Law, as it relates to the
6issuance of highway occupancy permits which are
7regulated under 67 Pa. Code Ch. 441 (relating to
8access to and occupancy of highways by driveways and
9local roads) or which are affected by other laws or
10regulations.

11(N) The act of April 21, 1949 (P.L.665, No.155),
12known as the First Class City Home Rule Act, as it
13relates to development and construction.

14(O) The act of July 28, 1953 (P.L.723, No.230),
15known as the Second Class County Code.

16(P) The act of August 9, 1955 (P.L.323, No.130),
17known as The County Code.

18(Q) The act of July 15, 1957 (P.L.901, No.399),
19known as the Optional Third Class City Charter Law,
20as it relates to development and construction.

21(R) The act of January 24, 1966 (1965 P.L.1535,
22No.537), known as the Pennsylvania Sewage Facilities
23Act.

24(S) The act of February 1, 1966 (1965 P.L.1656,
25No.581), known as The Borough Code, as it relates to
26development and construction.

27(T) The act of July 31, 1968 (P.L.805, No.247),
28known as the Pennsylvania Municipalities Planning
29Code.

30(U) The act of July 9, 1971 (P.L.206, No.34),

1known as the Improvement of Deteriorating Real
2Property or Areas Tax Exemption Act.

3(V) The act of October 4, 1978 (P.L.851,
4No.166), known as the Flood Plain Management Act.

5(W) The act of October 4, 1978 (P.L.864,
6No.167), known as the Storm Water Management Act.

7(X) The act of November 26, 1978 (P.L.1375,
8No.325), known as the Dam Safety and Encroachments
9Act.

10(Y) The act of November 10, 1999 (P.L.491,
11No.45), known as the Pennsylvania Construction Code
12Act.

13(Z) The act of December 20, 2000 (P.L.724,
14No.99), known as the Municipal Code and Ordinance
15Compliance Act.

16(Z.1) The act of June 22, 2001 (P.L.390, No.29),
17known as the Conservation and Preservation Easements
18Act.

19(Z.2) The former act of May 16, 2002 (P.L.315,
20No.46), known as the former Community Services Block
21Grant Act.

22(Z.3) The act of February 22, 2008 (P.L.36,
23No.4), entitled "An act authorizing the Department of
24General Services, with the concurrence of the
25Department of Environmental Protection, to lease to
26VTE Philadelphia, LP, or its nominee, land within the
27bed of the Delaware River in the City of
28Philadelphia; and affirming the authority of the
29General Assembly to enact certain conveyances."

30(Z.4) The act of February 22, 2008 (P.L.41,

1No.5), entitled "An act authorizing the Department of
2General Services, with the concurrence of the
3Department of Environmental Protection, to lease to
4NCCB Associates, LP, or its nominee, land within the
5bed of the Delaware River in the City of
6Philadelphia; and affirming the authority of the
7General Assembly to enact certain conveyances."

8(Z.5) Soil erosion and sediment control plans
9approved by a local soil conservation district under
1025 Pa. Code Ch. 102 (relating to erosion and sediment
11control).

12(Z.6) The National Historic Preservation Act
13(Public Law 89-665, 80 Stat. 915), to the extent the
14Commonwealth has been empowered to administer,
15approve or otherwise authorize activities under that
16act.

17(Z.7) The Federal Water Pollution Control Act
18(62 Stat. 1155, 33 U.S.C. § 1251 et seq.), to the
19extent the Commonwealth has been empowered to
20administer, approve or otherwise authorize activities
21under that act.

22(2) In cities of the first class and agencies
23established by such cities, the term shall include only the
24issuance of a building permit, a zoning use and registration
25permit, and any administrative approval, including an
26approval by a board or commission, that is a condition
27precedent to issuance of a building permit or zoning use and
28registration permit to an owner of property.

29(3) Creating additional units and common elements out of
30convertible real estate in a condominium or planned

1community.

2"Development." Any of the following:

3(1) The division of a parcel of land into two or more
4parcels, including a subdivision as defined in section 107 of
5the act of July 31, 1968 (P.L.805, No.247), known as the
6Pennsylvania Municipalities Planning Code.

7(2) The construction, reconstruction, conversion,
8structural alteration, relocation or enlargement of a
9building or other structure.

10(3) Site preparation, including grading, earth moving
11activities, clearance, soil removal or movement, timber
12harvesting relocation, excavation, landfill and moving,
13depositing or storing soil, rock or earth materials.

14(4) A use or change in the use of a building or other
15structure or change in land use.

16(5) Land development, as defined in section 107 of the
17Pennsylvania Municipalities Planning Code, or land use.

18(6) Demolition, moving or removing a building or other
19structure.

20(7) The right to convert convertible real estate or
21withdraw withdrawable real estate pursuant to 68 Pa.C.S. Pt.
22II Subpt. B (relating to condominiums) or Subpt. D (relating
23to planned communities).

24"Extension period." The period beginning after December 31,
252008, and ending before July 2, 2016.

26"Government agency." The Commonwealth, a political
27subdivision or an agency, department, authority, commission or
28board of the Commonwealth or a political subdivision. The term
29includes regional commissions, boards or instrumentalities with
30the authority to issue approvals.

1Section 3. Existing approval.

<-2(a) Automatic suspension.--For any approval by a government
3agency that is granted for or in effect between the beginning of
4the extension period and July 2, 2013, whether obtained before
5or after the beginning of the extension period, the running of
6the period of the approval shall be automatically suspended
7until July 2, 2016.

<-8(a) Automatic suspension.--The expiration date of an
9approval by a government agency that is granted for or in effect
10during the extension period, whether obtained before or after
11the beginning of the extension period, shall be automatically
12suspended during the extension period.

13(a.1) Cities of the first class.--In cities of the first
14class and agencies established by such cities, the suspension
15provided for in subsection (a) shall be valid, for any covered
16approval, 20 days after the notice from the approval holder to
17the agency that issued the approval of the approval holder's
18intent to exercise his or her rights under the suspension and
19payment of a fee equal to 50% of the original application fee,
20but not to exceed $5,000. The agency that issued the approval
21may prescribe a form of notice.

22(a.2) Limitation.--Any government approval granted after
23July 2, 2013, shall not be extended beyond the normal approval
24periods of the government agency without the permission or
25approval of the government agency.

26(b) Duration.--The extension period established under this
27act shall be the maximum approval period authorized under this
28act and shall supersede the normal time period for approvals
29relating to development. Nothing in this section shall prohibit
30the government agency from granting additional extensions as

1provided by law.

2(c) Riparian leases.--

3(1) The time period relating to obtaining a building
4permit under section 1(i) of the act of February 22, 2008
5(P.L.36, No.4), entitled, "An act authorizing the Department
6of General Services, with the concurrence of the Department
7of Environmental Protection, to lease to VTE Philadelphia,
8LP, or its nominee, land within the bed of the Delaware River
9in the City of Philadelphia; and affirming the authority of
10the General Assembly to enact certain conveyances," shall be
11extended until January 1, 2013.

12(2) The time period relating to obtaining a building
13permit under section 1(i) of the act of February 22, 2008
14(P.L.41, No.5), entitled, "An act authorizing the Department
15of General Services, with the concurrence of the Department
16of Environmental Protection, to lease to NCCB Associates, LP,
17or its nominee, land within the bed of the Delaware River in
18the City of Philadelphia; and affirming the authority of the
19General Assembly to enact certain conveyances," shall be
20extended until January 1, 2013.

21Section 4. Subsequent changes.

22(a) Change in law.--A law, regulation or policy enacted,
23adopted or modified by a government agency during the extension
24period shall not have the effect of prohibiting or limiting an
25existing approval during the extension period.

26(b) Planning code approval.--When an approval has been
27granted under the act of July 31, 1968 (P.L.805, No.247), known
28as the Pennsylvania Municipalities Planning Code, a subsequent
29change in a zoning, subdivision or other governing ordinance or
30plan shall not apply to or affect the right of the applicant to

1commence or complete the activities authorized by the approval
2for the duration of the extension period. For purposes of this
3subsection, the extension period shall be extended for the
4duration of any litigation, including appeals, relating to an
5approval which prevents the completion of all or part of the
6activity authorized by the approval.

7(c) Nonexpiration.--An action by a government agency or law
8to lease, license, grant or otherwise convey rights in the beds
9of navigable waters of the Commonwealth shall not expire for the
10duration of the extension period, including time limits relating
11to the initiation, prosecution or completion of construction. A
12conveyance of rights under this subsection shall not terminate
13during the extension period for failure to initiate, prosecute
14or complete construction.

15Section 5. Agency verification.

16(a) Request for verification.--

17(1) The holder or recipient of an approval may seek
18written verification from the issuing government agency for
19any of the following:

20(i) The existence of a valid approval.

21(ii) The expiration date of the approval under this
22act.

23(2) The request shall set forth the approval in question
24and the anticipated expiration date under this act.

25(b) Agency action.--Upon receipt of a request under
26subsection (a), the government agency shall respond in writing
27affirming or denying the existence of the approval, its
28expiration date and any issues associated with its validity
29within 30 days. Except in cities of the first class and agencies
30established by such cities, failure to respond within 30 days

1shall result in a deemed affirmation of the existence of the
2approval and expiration date set forth in the request submitted
3under subsection (a). The agency may charge a fee of not more
4than $100 for verification of a residential approval and $500
5for verification of a commercial approval under this subsection.

6(c) Failure to seek affirmation.--The failure of the holder
7of an approval to seek verification from a government agency
8shall not be grounds for termination, revocation or other
9invalidation of an approval.

10(d) Appeals of verification.--A dispute arising under this
11section shall be appealable in accordance with one of the
12following applicable laws:

13(1) 2 Pa.C.S. § 105 (relating to local agency law).

14(2) The act of July 31, 1968 (P.L.805, No.247), known as
15the Pennsylvania Municipalities Planning Code.

16Section 6. Applicability.

17(a) Exceptions.--This act shall not apply to any of the
18following:

19(1) An approval issued to comply with Federal law, the
20duration or terms of expiration of which is specified or
21determined by Federal law.

22(2) An administrative consent order or other enforcement
23action relating to an approval that is subject to the
24extension period.

25(3) An approval, designation or benefit under the act of
26October 6, 1998 (P.L.705, No.92), known as the Keystone
27Opportunity Zone, Keystone Opportunity Expansion Zone and
28Keystone Opportunity Improvement Zone Act.

29(4) A "One-Call" determination, response or other
30requirement under the act of December 10, 1974 (P.L.852,

1No.287), referred to as the Underground Utility Line
2Protection Law.

3(5) The revocation or modification of an approval or
4extension of an approval, when the approval authorizes the
5modification or revocation for cause.

6(6) An approval issued by the Department of
7Transportation, except that approvals in accordance with 67
8Pa. Code Ch. 441 (relating to access to and occupancy of
9highways by driveways and local roads) shall be extended by
10the department upon the submission of a complete and accurate
11application throughout the extension period for one-year
12intervals, subject to the requirements of 67 Pa. Code Ch.
13441, including modifications based on changed circumstances.

14(7) An approval issued by the Department of
15Environmental Protection implementing 25 Pa. Code § 93.4a
16(relating to antidegradation) in connection with surface
17waters, as defined in 25 Pa. Code § 93.1 (relating to
18definitions), or wetlands, as defined in 25 Pa. Code § 93.1,
19which surface waters or wetlands, after the issuance of the
20approval, and during the extension period, became classified
21as:

22(i) High Quality Waters, pursuant to 25 Pa. Code §§
2393.1 and 93.4b(a) (relating to qualifying as high quality
24or exceptional value waters); or

25(ii) Exceptional Value Waters, pursuant to 25 Pa.
26Code § 93.4b(b)(1).

27(8) An approval issued by the Department of
28Environmental Protection implementing 25 Pa. Code § 93.4a in
29connection with surface waters, as defined in 25 Pa. Code §
3093.1, or wetlands, as defined in 25 Pa. Code § 93.1, which

1surface waters or wetlands are classified as Exceptional
2Value Waters pursuant to 25 Pa. Code § 93.4b(b)(1).

3(b) Sewer and water systems.--If an approval is based upon
4the connection to a sanitary sewer system or water distribution
5system, the application of the extension period as it relates to
6capacity shall be contingent upon the availability of sufficient
7capacity of the system to accommodate the development that is
8the subject of the extended approval. If sufficient capacity is
9unavailable at the time it is required to proceed with
10development under the approval, priority with regard to further
11distribution or allocation of capacity shall be established by
12the date on which the approval was obtained. Priority relating
13to distribution of additional capacity shall be allocated in
14order of the granting of the original approval for the
15connection.

16(c) Fee.--A government agency which issued an approval may
17charge a fee to extend the approval that may be no more than 25%
18of the original application fee. In no event may the fee be more
19than $5,000.

20Section 7. Notice.

21By August 5, 2010, each affected government agency shall
22publish notice of applicability of the extension period to
23approvals granted by the government agency under this act in the
24Pennsylvania Bulletin.

25Section 8. Miscellaneous.

26(a) Construction.--Nothing in this act shall be construed to
27modify any requirement of law that is necessary to retain
28Federal delegation to, or assumption by, the Commonwealth of the
29authority to implement a Federal law or program.

30(b) Authority.--During the extension period, a government

1agency shall retain the authority to do all of the following:

2(1) Suspend or revoke an approval for noncompliance with
3a written condition of the approval.

4(2) Enforce conditions of approvals granted under law
5prior to the extension period.

6(3) Enforce only those conditions in an approval issued
7under the act of July 31, 1968 (P.L.805, No.247), known as
8the Pennsylvania Municipalities Planning Code, that are
9required to be performed prior to final plan approval.

10Section 20. Repeals.

11Repeals are as follows:

12(1) The General Assembly declares that the repeal under
13paragraph (2) is necessary to effectuate this act.

14(2) Article XVI-I of the act of April 9, 1929 (P.L.343,
15No.176), known as The Fiscal Code, is repealed.

16Section 21. Effective date.

17This act shall take effect immediately.