PRINTER'S NO. 3190
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1995
Session of
2015
INTRODUCED BY MALONEY, WATSON, METCALFE, MOUL, ZIMMERMAN AND
EVERETT, APRIL 13, 2016
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
APRIL 13, 2016
AN ACT
Amending the act of January 24, 1966 (1965 P.L.1535, No.537),
entitled, as amended, "An act providing for the planning and
regulation of community sewage systems and individual sewage
systems; requiring municipalities to submit plans for systems
in their jurisdiction; authorizing grants; requiring permits
for persons installing such systems; requiring disclosure
statements in certain land sale contracts; authorizing the
Department of Environmental Resources to adopt and administer
rules, regulations, standards and procedures; creating an
advisory committee; providing remedies and prescribing
penalties," further providing for official plans.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5 of the act of January 24, 1966 (1965
P.L.1535, No.537), known as the Pennsylvania Sewage Facilities
Act, is amended by adding a subsection to read:
Section 5. Official Plans.--* * *
(d.1) (1) The department shall develop and make available
for public use an application form that waives the requirement
of a municipality to revise its official plan to accommodate
nonbuilding subdivisions where there is no present need for
sewage disposal facilities on a given parcel of land. The
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municipal secretary or chairperson of the municipality shall be
required, as a ministerial function, to sign a request for
planning waiver and nonbuilding declaration that has been
completed and signed by the subdivider and buyer or recipient
provided that the proposed subdivision:
(i) meets the requirements of the waiver; and
(ii) is in compliance with any applicable zoning and
subdivision and land development ordinances.
(2) The departmental form shall only require a municipality
to perform those functions within the scope of this act. The
purpose of this subsection is to protect the choice of a
landowner to subdivide the landowner's property when the
landowner has no intention of developing the property. In the
event that the owner or recipient of a subdivided parcel that
has been granted a nonbuilding waiver subsequently desires to
build upon or develop the property, the owner or recipient shall
be required to comply with all applicable statutes, regulations
or ordinances in effect at the time of the desired construction
or development.
* * *
Section 2. This act shall take effect in 60 days.
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