PRIOR PRINTER'S NO. 3383
PRINTER'S NO. 3764
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2265
Session of
2018
INTRODUCED BY MALONEY, PICKETT, ROTHMAN, WHEELAND, RADER, JAMES,
GILLEN AND ZIMMERMAN, APRIL 18, 2018
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 20, 2018
AN ACT
Amending the act of July 31, 1968 (P.L.805, No.247), entitled
"An act to empower cities of the second class A, and third
class, boroughs, incorporated towns, townships of the first
and second classes including those within a county of the
second class and counties of the second through eighth
classes, individually or jointly, to plan their development
and to govern the same by zoning, subdivision and land
development ordinances, planned residential development and
other ordinances, by official maps, by the reservation of
certain land for future public purpose and by the acquisition
of such land; to promote the conservation of energy through
the use of planning practices and to promote the effective
utilization of renewable energy sources; providing for the
establishment of planning commissions, planning departments,
planning committees and zoning hearing boards, authorizing
them to charge fees, make inspections and hold public
hearings; providing for mediation; providing for transferable
development rights; providing for appropriations, appeals to
courts and penalties for violations; and repealing acts and
parts of acts," in subdivision and land development,
providing for nonbuilding lots.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 31, 1968 (P.L.805, No.247), known
as the Pennsylvania Municipalities Planning Code, is amended by
adding a section to read:
Section 503.2. Nonbuilding Lots.--(a) The creation of a
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nonbuilding lot shall be exempt from regulation under a
subdivision and land development plan except as provided under
subsection (b).
(b) The subdivision and land development ordinance shall
include all of the following:
(1) Provisions allowing for the creation of a TWO
nonbuilding lot LOTS when presented with a nonbuilding waiver
FORM OBTAINED from the Department of Environmental
Protection .
(2) Provisions requiring appropriate testing prior to
approval of a building permit for a lot designated as a
nonbuilding lot. , AS PROVIDED FOR BY THE ACT OF JANUARY 24,
1966 (1965 P.L.1535, NO.537), KNOWN AS THE "PENNSYLVANIA
SEWAGE FACILITIES ACT," WHICH DECLARES THAT THERE IS NO
PRESENT NEED FOR SEWAGE DISPOSAL FACILITIES ON THE SITE AND
THAT COMPLETION OF SEWAGE FACILITIES PLANNING IS NOT
REQUIRED , AND TWO OR MORE NONBUILDING LOTS IF THE WAIVER
DESIGNATES THAT THE PROPERTY IS BEING DIVIDED AMONG IMMEDIATE
FAMILY MEMBERS.
(2) IN THE EVENT THAT THE OWNER OR APPLICANT OF A
SUBDIVIDED PARCEL THAT HAS BEEN GRANTED A NONBUILDING WAIVER
SUBSEQUENTLY DESIRES TO BUILD UPON OR DEVELOP THE PROPERTY,
THE OWNER OR APPLICANT SHALL COMPLY WITH ALL APPLICABLE
STATUTES, REGULATIONS OR ORDINANCES IN EFFECT AT THE TIME OF
THE DESIRED CONSTRUCTION OR DEVELOPMENT.
(C) AS USED IN THIS SECTION:
"IMMEDIATE FAMILY MEMBER" SHALL MEAN A SPOUSE, PARENT, CHILD,
GRANDCHILD, BROTHER OR SISTER.
"NONBUILDING LOT" SHALL MEAN A PARCEL OF LAND THAT DOES NOT
CONTAIN ANY STRUCTURE OR BUILDING THAT PRODUCES SEWAGE, PROVIDED
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THAT A STRUCTURE OR BUILDING NOT PRODUCING SEWAGE IS ALLOWED ON
THE SITE.
"SEWAGE DISPOSAL FACILITIES" SHALL MEAN ANY SEWAGE DISPOSAL
SYSTEM AND THE ASSOCIATED INFRASTRUCTURE ALLOWED BY THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION UNDER THE "PENNSYLVANIA
SEWAGE FACILITIES ACT."
Section 2. This act shall take effect in 60 days.
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