<-1Amending the act of April 9, 1929 (P.L.343, No.176), entitled,
2as amended, "An act relating to the finances of the State
3government; providing for the settlement, assessment,
4collection, and lien of taxes, bonus, and all other accounts
5due the Commonwealth, the collection and recovery of fees and
6other money or property due or belonging to the Commonwealth,
7or any agency thereof, including escheated property and the
8proceeds of its sale, the custody and disbursement or other
9disposition of funds and securities belonging to or in the
10possession of the Commonwealth, and the settlement of claims
11against the Commonwealth, the resettlement of accounts and
12appeals to the courts, refunds of moneys erroneously paid to
13the Commonwealth, auditing the accounts of the Commonwealth
14and all agencies thereof, of all public officers collecting
15moneys payable to the Commonwealth, or any agency thereof,
16and all receipts of appropriations from the Commonwealth,
17authorizing the Commonwealth to issue tax anticipation notes
18to defray current expenses, implementing the provisions of
19section 7(a) of Article VIII of the Constitution of
20Pennsylvania authorizing and restricting the incurring of
21certain debt and imposing penalties; affecting every
22department, board, commission, and officer of the State
23government, every political subdivision of the State, and
24certain officers of such subdivisions, every person,
25association, and corporation required to pay, assess, or
26collect taxes, or to make returns or reports under the laws
27imposing taxes for State purposes, or to pay license fees or
28other moneys to the Commonwealth, or any agency thereof,
29every State depository and every debtor or creditor of the
30Commonwealth," in permit extensions, further providing for

1existing approval.

<-2Providing for permit extensions; and making a repeal.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

<-5Section 1. Section 1603-I(a) and (b) of the act of April 9,
61929 (P.L.343, No.176), known as The Fiscal Code, added July 6,
72010 (P.L.279, No.46), are amended and the section is amended by
8adding a subsection to read:

9Section 1603-I. Existing approval.

10(a) Automatic suspension.--[The expiration date of an
11approval by a government agency that is granted for or in effect
12during the extension period, whether obtained before or after
13the beginning of the extension period, shall be automatically
14suspended during the extension period.] For any approval by a
15government agency that is granted for or in effect between the
16beginning of the extension period and July 2, 2013, whether
17obtained before or after the beginning of the extension period,
18the running of the period of the approval shall be automatically
19suspended until July 2, 2016.

20* * *

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

25(b) Duration.--[Nothing in this section shall shorten the
26term or duration an approval relating to development would have
27had in the absence of the enactment of this section.] The
28extension period established by this act shall be the maximum
29approval period authorized by this article and shall supersede
30the normal time period for approvals relating to development.
31Nothing in this section shall prohibit the [granting of]

1government agency from granting additional extensions as
2provided by law.

3* * *

4Section 2. This act shall take effect immediately.

<-5Section 1. Short title.

6This act shall be known and may be cited as the Development
7Permit Extension Act.

8Section 2. Definitions.

9The following words and phrases when used in this act shall
10have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Approval."

13(1) Except as provided in paragraph (2), any government
14agency approval, agreement, permit, including a building
15permit or construction permit, or other authorization or
16decision:

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

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

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

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

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

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

30(E) 68 Pa.C.S. Pt. II, Subpt. D (relating to

1planned communities).

2(F) The act of March 7, 1901 (P.L.20, No.14),
3referred to as the Second Class City Law, as it
4relates to development and construction.

5(G) The act of May 16, 1923 (P.L.207, No.153),
6referred to as the Municipal Claim and Tax Lien Law.

7(H) The act of April 9, 1929 (P.L.177, No.175),
8known as The Administrative Code of 1929.

9(I) The act of June 23, 1931 (P.L.932, No.317),
10known as The Third Class City Code, as it relates to
11development and construction.

12(J) The act of June 24, 1931 (P.L.1206, No.331),
13known as The First Class Township Code, as it relates
14to development and construction.

15(K) The act of May 1, 1933 (P.L.103, No.69),
16known as The Second Class Township Code, as it
17relates to development and construction.

18(L) The act of June 22, 1937 (P.L.1987, No.394),
19known as The Clean Streams Law.

20(M) The act of June 1, 1945 (P.L.1242, No.428),
21known as the State Highway Law, as it relates to the
22issuance of highway occupancy permits which are
23regulated under 67 Pa. Code Ch. 441 (relating to
24access to and occupancy of highways by driveways and
25local roads) or which are affected by other laws or
26regulations.

27(N) The act of April 21, 1949 (P.L.665, No.155),
28known as the First Class City Home Rule Act, as it
29relates to development and construction.

30(O) The act of July 28, 1953 (P.L.723, No.230),

1known as the Second Class County Code.

2(P) The act of August 9, 1955 (P.L.323, No.130),
3known as The County Code.

4(Q) The act of July 15, 1957 (P.L.901, No.399),
5known as the Optional Third Class City Charter Law,
6as it relates to development and construction.

7(R) The act of January 24, 1966 (1965 P.L.1535,
8No.537), known as the Pennsylvania Sewage Facilities
9Act.

10(S) The act of February 1, 1966 (1965 P.L.1656,
11No.581), known as The Borough Code, as it relates to
12development and construction.

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

16(U) The act of July 9, 1971 (P.L.206, No.34),
17known as the Improvement of Deteriorating Real
18Property or Areas Tax Exemption Act.

19(V) The act of October 4, 1978 (P.L.851,
20No.166), known as the Flood Plain Management Act.

21(W) The act of October 4, 1978 (P.L.864,
22No.167), known as the Storm Water Management Act.

23(X) The act of November 26, 1978 (P.L.1375,
24No.325), known as the Dam Safety and Encroachments
25Act.

26(Y) The act of November 10, 1999 (P.L.491,
27No.45), known as the Pennsylvania Construction Code
28Act.

29(Z) The act of December 20, 2000 (P.L.724,
30No.99), known as the Municipal Code and Ordinance

1Compliance Act.

2(Z.1) The act of June 22, 2001 (P.L.390, No.29),
3known as the Conservation and Preservation Easements
4Act.

5(Z.2) The former act of May 16, 2002 (P.L.315,
6No.46), known as the former Community Services Block
7Grant Act.

8(Z.3) The act of February 22, 2008 (P.L.36,
9No.4), entitled "An act authorizing the Department of
10General Services, with the concurrence of the
11Department of Environmental Protection, to lease to
12VTE Philadelphia, LP, or its nominee, land within the
13bed of the Delaware River in the City of
14Philadelphia; and affirming the authority of the
15General Assembly to enact certain conveyances."

16(Z.4) The act of February 22, 2008 (P.L.41,
17No.5), entitled "An act authorizing the Department of
18General Services, with the concurrence of the
19Department of Environmental Protection, to lease to
20NCCB Associates, LP, or its nominee, land within the
21bed of the Delaware River in the City of
22Philadelphia; and affirming the authority of the
23General Assembly to enact certain conveyances."

24(Z.5) Soil erosion and sediment control plans
25approved by a local soil conservation district under
2625 Pa. Code Ch. 102 (relating to erosion and sediment
27control).

28(Z.6) The National Historic Preservation Act
29(Public Law 89-665, 80 Stat. 915), to the extent the
30Commonwealth has been empowered to administer,

1approve or otherwise authorize activities under that
2act.

3(Z.7) The Federal Water Pollution Control Act
4(62 Stat. 1155, 33 U.S.C. § 1251 et seq.), to the
5extent the Commonwealth has been empowered to
6administer, approve or otherwise authorize activities
7under that act.

8(2) In cities of the first class and agencies
9established by such cities, the term shall include only the
10issuance of a building permit, a zoning use and registration
11permit, and any administrative approval, including an
12approval by a board or commission, that is a condition
13precedent to issuance of a building permit or zoning use and
14registration permit to an owner of property.

15(3) Creating additional units and common elements out of
16convertible real estate in a condominium or planned
17community.

18"Development." Any of the following:

19(1) The division of a parcel of land into two or more
20parcels, including a subdivision as defined in section 107 of
21the act of July 31, 1968 (P.L.805, No.247), known as the
22Pennsylvania Municipalities Planning Code.

23(2) The construction, reconstruction, conversion,
24structural alteration, relocation or enlargement of a
25building or other structure.

26(3) Site preparation, including grading, earth moving
27activities, clearance, soil removal or movement, timber
28harvesting relocation, excavation, landfill and moving,
29depositing or storing soil, rock or earth materials.

30(4) A use or change in the use of a building or other

1structure or change in land use.

2(5) Land development, as defined in section 107 of the
3Pennsylvania Municipalities Planning Code, or land use.

4(6) Demolition, moving or removing a building or other
5structure.

6(7) The right to convert convertible real estate or
7withdraw withdrawable real estate pursuant to 68 Pa.C.S. Pt.
8II Subpt. B (relating to condominiums) or Subpt. D (relating
9to planned communities).

10"Extension period." The period beginning after December 31,
112008, and ending before July 2, 2016.

12"Government agency." The Commonwealth, a political
13subdivision or an agency, department, authority, commission or
14board of the Commonwealth or a political subdivision. The term
15includes regional commissions, boards or instrumentalities with
16the authority to issue approvals.

17Section 3. Existing approval.

18(a) Automatic suspension.--For any approval by a government
19agency that is granted for or in effect between the beginning of
20the extension period and July 2, 2013, whether obtained before
21or after the beginning of the extension period, the running of
22the period of the approval shall be automatically suspended
23until July 2, 2016.

24(a.1) Cities of the first class.--In cities of the first
25class and agencies established by such cities, the suspension
26provided for in subsection (a) shall be valid, for any covered
27approval, 20 days after the notice from the approval holder to
28the agency that issued the approval of the approval holder's
29intent to exercise his or her rights under the suspension and
30payment of a fee equal to 50% of the original application fee,

1but not to exceed $5,000. The agency that issued the approval
2may prescribe a form of notice.

3(a.2) Limitation.--Any government approval granted after
4July 2, 2013, shall not be extended beyond the normal approval
5periods of the government agency without the permission or
6approval of the government agency.

7(b) Duration.--The extension period established under this
8act shall be the maximum approval period authorized under this
9act and shall supersede the normal time period for approvals
10relating to development. Nothing in this section shall prohibit
11the government agency from granting additional extensions as
12provided by law.

13(c) Riparian leases.--

14(1) The time period relating to obtaining a building
15permit under section 1(i) of the act of February 22, 2008
16(P.L.36, No.4), entitled, "An act authorizing the Department
17of General Services, with the concurrence of the Department
18of Environmental Protection, to lease to VTE Philadelphia,
19LP, or its nominee, land within the bed of the Delaware River
20in the City of Philadelphia; and affirming the authority of
21the General Assembly to enact certain conveyances," shall be
22extended until January 1, 2013.

23(2) The time period relating to obtaining a building
24permit under section 1(i) of the act of February 22, 2008
25(P.L.41, No.5), entitled, "An act authorizing the Department
26of General Services, with the concurrence of the Department
27of Environmental Protection, to lease to NCCB Associates, LP,
28or its nominee, land within the bed of the Delaware River in
29the City of Philadelphia; and affirming the authority of the
30General Assembly to enact certain conveyances," shall be

1extended until January 1, 2013.

2Section 4. Subsequent changes.

3(a) Change in law.--A law, regulation or policy enacted,
4adopted or modified by a government agency during the extension
5period shall not have the effect of prohibiting or limiting an
6existing approval during the extension period.

7(b) Planning code approval.--When an approval has been
8granted under the act of July 31, 1968 (P.L.805, No.247), known
9as the Pennsylvania Municipalities Planning Code, a subsequent
10change in a zoning, subdivision or other governing ordinance or
11plan shall not apply to or affect the right of the applicant to
12commence or complete the activities authorized by the approval
13for the duration of the extension period. For purposes of this
14subsection, the extension period shall be extended for the
15duration of any litigation, including appeals, relating to an
16approval which prevents the completion of all or part of the
17activity authorized by the approval.

18(c) Nonexpiration.--An action by a government agency or law
19to lease, license, grant or otherwise convey rights in the beds
20of navigable waters of the Commonwealth shall not expire for the
21duration of the extension period, including time limits relating
22to the initiation, prosecution or completion of construction. A
23conveyance of rights under this subsection shall not terminate
24during the extension period for failure to initiate, prosecute
25or complete construction.

26Section 5. Agency verification.

27(a) Request for verification.--

28(1) The holder or recipient of an approval may seek
29written verification from the issuing government agency for
30any of the following:

1(i) The existence of a valid approval.

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

4(2) The request shall set forth the approval in question
5and the anticipated expiration date under this act.

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

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

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

24(1) 2 Pa.C.S. § 105 (relating to local agency law).

25(2) The act of July 31, 1968 (P.L.805, No.247), known as
26the Pennsylvania Municipalities Planning Code.

27Section 6. Applicability.

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

30(1) An approval issued to comply with Federal law, the

1duration or terms of expiration of which is specified or
2determined by Federal law.

3(2) An administrative consent order or other enforcement
4action relating to an approval that is subject to the
5extension period.

6(3) An approval, designation or benefit under the act of
7October 6, 1998 (P.L.705, No.92), known as the Keystone
8Opportunity Zone, Keystone Opportunity Expansion Zone and
9Keystone Opportunity Improvement Zone Act.

10(4) A "One-Call" determination, response or other
11requirement under the act of December 10, 1974 (P.L.852,
12No.287), referred to as the Underground Utility Line
13Protection Law.

14(5) The revocation or modification of an approval or
15extension of an approval, when the approval authorizes the
16modification or revocation for cause.

17(6) An approval issued by the Department of
18Transportation, except that approvals in accordance with 67
19Pa. Code Ch. 441 (relating to access to and occupancy of
20highways by driveways and local roads) shall be extended by
21the department upon the submission of a complete and accurate
22application throughout the extension period for one-year
23intervals, subject to the requirements of 67 Pa. Code Ch.
24441, including modifications based on changed circumstances.

25(7) An approval issued by the Department of
26Environmental Protection implementing 25 Pa. Code § 93.4a
27(relating to antidegradation) in connection with surface
28waters, as defined in 25 Pa. Code § 93.1 (relating to
29definitions), or wetlands, as defined in 25 Pa. Code § 93.1,
30which surface waters or wetlands, after the issuance of the

1approval, and during the extension period, became classified
2as:

3(i) High Quality Waters, pursuant to 25 Pa. Code §§
493.1 and 93.4b(a) (relating to qualifying as high quality
5or exceptional value waters); or

6(ii) Exceptional Value Waters, pursuant to 25 Pa.
7Code § 93.4b(b)(1).

8(8) An approval issued by the Department of
9Environmental Protection implementing 25 Pa. Code § 93.4a in
10connection with surface waters, as defined in 25 Pa. Code §
1193.1, or wetlands, as defined in 25 Pa. Code § 93.1, which
12surface waters or wetlands are classified as Exceptional
13Value Waters pursuant to 25 Pa. Code § 93.4b(b)(1).

14(b) Sewer and water systems.--If an approval is based upon
15the connection to a sanitary sewer system or water distribution
16system, the application of the extension period as it relates to
17capacity shall be contingent upon the availability of sufficient
18capacity of the system to accommodate the development that is
19the subject of the extended approval. If sufficient capacity is
20unavailable at the time it is required to proceed with
21development under the approval, priority with regard to further
22distribution or allocation of capacity shall be established by
23the date on which the approval was obtained. Priority relating
24to distribution of additional capacity shall be allocated in
25order of the granting of the original approval for the
26connection.

27(c) Fee.--A government agency which issued an approval may
28charge a fee to extend the approval that may be no more than 25%
29of the original application fee. In no event may the fee be more
30than $5,000.

1Section 7. Notice.

2By August 5, 2010, each affected government agency shall
3publish notice of applicability of the extension period to
4approvals granted by the government agency under this act in the
5Pennsylvania Bulletin.

6Section 8. Miscellaneous.

7(a) Construction.--Nothing in this act shall be construed to
8modify any requirement of law that is necessary to retain
9Federal delegation to, or assumption by, the Commonwealth of the
10authority to implement a Federal law or program.

11(b) Authority.--During the extension period, a government
12agency shall retain the authority to do all of the following:

13(1) Suspend or revoke an approval for noncompliance with
14a written condition of the approval.

15(2) Enforce conditions of approvals granted under law
16prior to the extension period.

17(3) Enforce only those conditions in an approval issued
18under the act of July 31, 1968 (P.L.805, No.247), known as
19the Pennsylvania Municipalities Planning Code, that are
20required to be performed prior to final plan approval.

21Section 20. Repeals.

22Repeals are as follows:

23(1) The General Assembly declares that the repeal under
24paragraph (2) is necessary to effectuate this act.

25(2) Article XVI-I of the act of April 9, 1929 (P.L.343,
26No.176), known as The Fiscal Code, is repealed.

27Section 21. Effective date.

28This act shall take effect immediately.