HB 2265 — An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in subdivision and land development, providing for nonbuilding lots.

PRIOR PRINTER'S NO.

3383 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of 2018 No.

3764INTRODUCED THEBY GENERALMALONEY, ASSEMBLYPICKETT, OFROTHMAN, PENNSYLVANIAWHEELAND, HOUSERADER, BILLJAMES SessionAND ofGILLEN, APRIL 18, 2018 No.REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 18, 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;

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 empowerpromote cities of the secondconservation class A, and third class, boroughs, incorporated towns, townships of theenergy 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 the use of planning practices and to promote the effectiveh utilization of renewable energy sources;

(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.,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)Section IN2. 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 20180HB2265PN3764 - 2 - 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.

20180HB2265PN376420180HB2265PN3383 - 32 -