H0784B0896A00411 MSP:JB 03/18/13 #90 A00411







Printer's No. 896


1Amend Bill, page 1, lines 1 through 31, by striking out all
2of said lines and inserting

3Providing for permit extensions; and making a repeal.

4Amend Bill, page 2, lines 2 through 30; page 3, lines 1 and
52, by striking out all of said lines on said pages and inserting

6Section 1. Short title.

7This act shall be known and may be cited as the Development
8Permit Extension Act.

9Section 2. Definitions.

10The following words and phrases when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:


14(1) Except as provided in paragraph (2), any government
15agency approval, agreement, permit, including a building
16permit or construction permit, or other authorization or

18(i) allowing a development or construction project
19to proceed; or

20(ii) relating to or affecting development, granted
21pursuant to a statute, regulation or ordinance adopted by
22a municipality, including the following:

23(A) 37 Pa.C.S. (relating to historical and

25(B) 53 Pa.C.S. (relating to municipalities

27(C) 68 Pa.C.S. Pt. II Subpt. B (relating to

29(D) 68 Pa.C.S. Pt. II Subpt. C (relating to

31(E) 68 Pa.C.S. Pt. II, Subpt. D (relating to
32planned communities).

33(F) The act of March 7, 1901 (P.L.20, No.14),
34referred to as the Second Class City Law, as it
35relates to development and construction.

36(G) The act of May 16, 1923 (P.L.207, No.153),

1referred to as the Municipal Claim and Tax Lien Law.

2(H) The act of April 9, 1929 (P.L.177, No.175),
3known as The Administrative Code of 1929.

4(I) The act of June 23, 1931 (P.L.932, No.317),
5known as The Third Class City Code, as it relates to
6development and construction.

7(J) The act of June 24, 1931 (P.L.1206, No.331),
8known as The First Class Township Code, as it relates
9to development and construction.

10(K) The act of May 1, 1933 (P.L.103, No.69),
11known as The Second Class Township Code, as it
12relates to development and construction.

13(L) The act of June 22, 1937 (P.L.1987, No.394),
14known as The Clean Streams Law.

15(M) The act of June 1, 1945 (P.L.1242, No.428),
16known as the State Highway Law, as it relates to the
17issuance of highway occupancy permits which are
18regulated under 67 Pa. Code Ch. 441 (relating to
19access to and occupancy of highways by driveways and
20local roads) or which are affected by other laws or

22(N) The act of April 21, 1949 (P.L.665, No.155),
23known as the First Class City Home Rule Act, as it
24relates to development and construction.

25(O) The act of July 28, 1953 (P.L.723, No.230),
26known as the Second Class County Code.

27(P) The act of August 9, 1955 (P.L.323, No.130),
28known as The County Code.

29(Q) The act of July 15, 1957 (P.L.901, No.399),
30known as the Optional Third Class City Charter Law,
31as it relates to development and construction.

32(R) The act of January 24, 1966 (1965 P.L.1535,
33No.537), known as the Pennsylvania Sewage Facilities

35(S) The act of February 1, 1966 (1965 P.L.1656,
36No.581), known as The Borough Code, as it relates to
37development and construction.

38(T) The act of July 31, 1968 (P.L.805, No.247),
39known as the Pennsylvania Municipalities Planning

41(U) The act of July 9, 1971 (P.L.206, No.34),
42known as the Improvement of Deteriorating Real
43Property or Areas Tax Exemption Act.

44(V) The act of October 4, 1978 (P.L.851,
45No.166), known as the Flood Plain Management Act.

46(W) The act of October 4, 1978 (P.L.864,
47No.167), known as the Storm Water Management Act.

48(X) The act of November 26, 1978 (P.L.1375,
49No.325), known as the Dam Safety and Encroachments

51(Y) The act of November 10, 1999 (P.L.491,

1No.45), known as the Pennsylvania Construction Code

3(Z) The act of December 20, 2000 (P.L.724,
4No.99), known as the Municipal Code and Ordinance
5Compliance Act.

6(Z.1) The act of June 22, 2001 (P.L.390, No.29),
7known as the Conservation and Preservation Easements

9(Z.2) The act of May 16, 2002 (P.L.315, No.46),
10known as the former Community Services Block Grant

12(Z.3) The act of February 22, 2008 (P.L.36,
13No.4), entitled "An act authorizing the Department of
14General Services, with the concurrence of the
15Department of Environmental Protection, to lease to
16VTE Philadelphia, LP, or its nominee, land within the
17bed of the Delaware River in the City of
18Philadelphia; and affirming the authority of the
19General Assembly to enact certain conveyances."

20(Z.4) The act of February 22, 2008 (P.L.41,
21No.5), entitled "An act authorizing the Department of
22General Services, with the concurrence of the
23Department of Environmental Protection, to lease to
24NCCB Associates, LP, or its nominee, land within the
25bed of the Delaware River in the City of
26Philadelphia; and affirming the authority of the
27General Assembly to enact certain conveyances."

28(Z.5) Soil erosion and sediment control plans
29approved by a local soil conservation district under
3025 Pa. Code Ch. 102 (relating to erosion and sediment

32(Z.6) The National Historic Preservation Act
33(Public Law 89-665, 80 Stat. 915), to the extent the
34Commonwealth has been empowered to administer,
35approve or otherwise authorize activities under that

37(Z.7) The Federal Water Pollution Control Act
38(62 Stat. 1155, 33 U.S.C. § 1251 et seq.), to the
39extent the Commonwealth has been empowered to
40administer, approve or otherwise authorize activities
41under that act.

42(2) In cities of the first class and agencies
43established by such cities, the term shall include only the
44issuance of a building permit, a zoning use and registration
45permit, and any administrative approval, including an
46approval by a board or commission, that is a condition
47precedent to issuance of a building permit or zoning use and
48registration permit to an owner of property.

49(3) Creating additional units and common elements out of
50convertible real estate in a condominium or planned

1"Development." Any of the following:

2(1) The division of a parcel of land into two or more
3parcels, including a subdivision as defined in section 107 of
4the act of July 31, 1968 (P.L.805, No.247), known as the
5Pennsylvania Municipalities Planning Code.

6(2) The construction, reconstruction, conversion,
7structural alteration, relocation or enlargement of a
8building or other structure.

9(3) Site preparation, including grading, earth moving
10activities, clearance, soil removal or movement, timber
11harvesting relocation, excavation, landfill and moving,
12depositing or storing soil, rock or earth materials.

13(4) A use or change in the use of a building or other
14structure or change in land use.

15(5) Land development, as defined in section 107 of the
16Pennsylvania Municipalities Planning Code, or land use.

17(6) Demolition, moving or removing a building or other

19(7) The right to convert convertible real estate or
20withdraw withdrawable real estate pursuant to 68 Pa.C.S. Pt.
21II Subpt. B (relating to condominiums) or Subpt. D (relating
22to planned communities).

23"Extension period." The period beginning after December 31,
242008, and ending before July 2, 2016.

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

30Section 3. Existing approval.

31(a) Automatic suspension.--For any approval by a government
32agency that is granted for or in effect between the beginning of
33the extension period and July 2, 2013, whether obtained before
34or after the beginning of the extension period, the running of
35the period of the approval shall be automatically suspended
36until July 2, 2016.

37(a.1) Cities of the first class.--In cities of the first
38class and agencies established by such cities, the suspension
39provided for in subsection (a) shall be valid, for any covered
40approval, 20 days after the notice from the approval holder to
41the agency that issued the approval of the approval holder's
42intent to exercise his or her rights under the suspension and
43payment of a fee equal to 50% of the original application fee,
44but not to exceed $5,000. The agency that issued the approval
45may prescribe a form of notice.

46(a.2) Limitation.--Any government approval granted after
47July 2, 2013, shall not be extended beyond the normal approval
48periods of the government agency without the permission or
49approval of the government agency.

50(b) Duration.--The extension period established under this
51act shall be the maximum approval period authorized under this

1act and shall supersede the normal time period for approvals
2relating to development. Nothing in this section shall prohibit
3the government agency from granting additional extensions as
4provided by law.

5(c) Riparian leases.--

6(1) The time period relating to obtaining a building
7permit under section 1(i) of the act of February 22, 2008
8(P.L.36, No.4), entitled, "An act authorizing the Department
9of General Services, with the concurrence of the Department
10of Environmental Protection, to lease to VTE Philadelphia,
11LP, or its nominee, land within the bed of the Delaware River
12in the City of Philadelphia; and affirming the authority of
13the General Assembly to enact certain conveyances," shall be
14extended until January 1, 2013.

15(2) The time period relating to obtaining a building
16permit under section 1(i) of the act of February 22, 2008
17(P.L.41, No.5), entitled, "An act authorizing the Department
18of General Services, with the concurrence of the Department
19of Environmental Protection, to lease to NCCB Associates, LP,
20or its nominee, land within the bed of the Delaware River in
21the City of Philadelphia; and affirming the authority of the
22General Assembly to enact certain conveyances," shall be
23extended until January 1, 2013.

24Section 4. Subsequent changes.

25(a) Change in law.--A law, regulation or policy enacted,
26adopted or modified by a government agency during the extension
27period shall not have the effect of prohibiting or limiting an
28existing approval during the extension period.

29(b) Planning code approval.--When an approval has been
30granted under the act of July 31, 1968 (P.L.805, No.247), known
31as the Pennsylvania Municipalities Planning Code, a subsequent
32change in a zoning, subdivision or other governing ordinance or
33plan shall not apply to or affect the right of the applicant to
34commence or complete the activities authorized by the approval
35for the duration of the extension period. For purposes of this
36subsection, the extension period shall be extended for the
37duration of any litigation, including appeals, relating to an
38approval which prevents the completion of all or part of the
39activity authorized by the approval.

40(c) Nonexpiration.--An action by a government agency or law
41to lease, license, grant or otherwise convey rights in the beds
42of navigable waters of the Commonwealth shall not expire for the
43duration of the extension period, including time limits relating
44to the initiation, prosecution or completion of construction. A
45conveyance of rights under this subsection shall not terminate
46during the extension period for failure to initiate, prosecute
47or complete construction.

48Section 5. Agency verification.

49(a) Request for verification.--

50(1) The holder or recipient of an approval may seek
51written verification from the issuing government agency for

1any of the following:

2(i) The existence of a valid approval.

3(ii) The expiration date of the approval under this

5(2) The request shall set forth the approval in question
6and the anticipated expiration date under this act.

7(b) Agency action.--Upon receipt of a request under
8subsection (a), the government agency shall respond in writing
9affirming or denying the existence of the approval, its
10expiration date and any issues associated with its validity
11within 30 days. Except in cities of the first class and agencies
12established by such cities, failure to respond within 30 days
13shall result in a deemed affirmation of the existence of the
14approval and expiration date set forth in the request submitted
15under subsection (a). The agency may charge a fee of not more
16than $100 for verification of a residential approval and $500
17for verification of a commercial approval under this subsection.

18(c) Failure to seek affirmation.--The failure of the holder
19of an approval to seek verification from a government agency
20shall not be grounds for termination, revocation or other
21invalidation of an approval.

22(d) Appeals of verification.--A dispute arising under this
23section shall be appealable in accordance with one of the
24following applicable laws:

25(1) 2 Pa.C.S. § 105 (relating to local agency law).

26(2) The act of July 31, 1968 (P.L.805, No.247), known as
27the Pennsylvania Municipalities Planning Code.

28Section 6. Applicability.

29(a) Exceptions.--This act shall not apply to any of the

31(1) An approval issued to comply with Federal law, the
32duration or terms of expiration of which is specified or
33determined by Federal law.

34(2) An administrative consent order or other enforcement
35action relating to an approval that is subject to the
36extension period.

37(3) An approval, designation or benefit under the act of
38October 6, 1998 (P.L.705, No.92), known as the Keystone
39Opportunity Zone, Keystone Opportunity Expansion Zone and
40Keystone Opportunity Improvement Zone Act.

41(4) A "One-Call" determination, response or other
42requirement under the act of December 10, 1974 (P.L.852,
43No.287), referred to as the Underground Utility Line
44Protection Law.

45(5) The revocation or modification of an approval or
46extension of an approval, when the approval authorizes the
47modification or revocation for cause.

48(6) An approval issued by the Department of
49Transportation, except that approvals in accordance with 67
50Pa. Code Ch. 441 (relating to access to and occupancy of
51highways by driveways and local roads) shall be extended by

1the department upon the submission of a complete and accurate
2application throughout the extension period for one-year
3intervals, subject to the requirements of 67 Pa. Code Ch.
4441, including modifications based on changed circumstances.

5(7) An approval issued by the Department of
6Environmental Protection implementing 25 Pa. Code § 93.4a
7(relating to antidegradation) in connection with surface
8waters, as defined in 25 Pa. Code § 93.1 (relating to
9definitions), or wetlands, as defined in 25 Pa. Code § 93.1,
10which surface waters or wetlands, after the issuance of the
11approval, and during the extension period, became classified

13(i) High Quality Waters, pursuant to 25 Pa. Code §§
1493.1 and 93.4b(a); or

15(ii) Exceptional Value Waters, pursuant to 25 Pa.
16Code § 93.4b(b)(1).

17(8) An approval issued by the Department of
18Environmental Protection implementing 25 Pa. Code § 93.4a in
19connection with surface waters, as defined in 25 Pa. Code §
2093.1, or wetlands, as defined in 25 Pa. Code § 93.1, which
21surface waters or wetlands are classified as Exceptional
22Value Waters pursuant to 25 Pa. Code § 93.4b(b)(1).

23(b) Sewer and water systems.--If an approval is based upon
24the connection to a sanitary sewer system or water distribution
25system, the application of the extension period as it relates to
26capacity shall be contingent upon the availability of sufficient
27capacity of the system to accommodate the development that is
28the subject of the extended approval. If sufficient capacity is
29unavailable at the time it is required to proceed with
30development under the approval, priority with regard to further
31distribution or allocation of capacity shall be established by
32the date on which the approval was obtained. Priority relating
33to distribution of additional capacity shall be allocated in
34order of the granting of the original approval for the

36(c) Fee.--A government agency which issued an approval may
37charge a fee to extend the approval that may be no more than 25%
38of the original application fee. In no event may the fee be more
39than $5,000.

40Section 7. Notice.

41By August 5, 2010, each affected government agency shall
42publish notice of applicability of the extension period to
43approvals granted by the government agency under this act in the
44Pennsylvania Bulletin.

45Section 8. Miscellaneous.

46(a) Construction.--Nothing in this act shall be construed to
47modify any requirement of law that is necessary to retain
48Federal delegation to, or assumption by, the Commonwealth of the
49authority to implement a Federal law or program.

50(b) Authority.--During the extension period, a government
51agency shall retain the authority to do all of the following:

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

3(2) Enforce conditions of approvals granted under law
4prior to the extension period.

5(3) Enforce only those conditions in an approval issued
6under the act of July 31, 1968 (P.L.805, No.247), known as
7the Pennsylvania Municipalities Planning Code, that are
8required to be performed prior to final plan approval.

9Section 20. Repeals.

10Repeals are as follows:

11(1) The General Assembly declares that the repeal under
12paragraph (2) is necessary to effectuate this act.

13(2) Article XVI-I of the act of April 9, 1929 (P.L.343,
14No.176), known as The Fiscal Code, is repealed.

15Section 21. Effective date.

16This act shall take effect immediately.


See A00411 in
the context
of HB0784