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A00912
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
141
Session of
2021
INTRODUCED BY MALONEY, IRVIN, MOUL AND ZIMMERMAN,
JANUARY 13, 2021
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JANUARY 13, 2021
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.
This act may be referred to as the Family Heritage Open Space
Protection Act.
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
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adding a section to read:
Section 503.2. Nonbuilding Lots.--(a) The creation of a
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 requiring the municipality
to, in writing, approve the creation of two nonbuilding lots
when presented with the owner presents to the municipality a
waiver form obtained from the Department of Environmental
Protection , 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.
The owner of the nonbuilding lots shall submit the written
approval of the municipality to the recorder of deeds for
filing.
(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 submit written notice to the
municipality and comply with all applicable statutes,
regulations or ordinances in effect at the time of the
desired construction or development. The owner shall submit
the written notice to the recorder of deeds for filing.
(c) As used in this section:
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"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
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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