HB 283 — 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.

PRINTER'S NO.   228

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 283
                                               Session of
                                                 2025

     INTRODUCED BY MALONEY AND ZIMMERMAN, JANUARY 23, 2025

     REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JANUARY 23, 2025


                                    AN ACT
 1   Amending the act of July 31, 1968 (P.L.805, No.247), entitled
 2      "An act to empower cities of the second class A, and third
 3      class, boroughs, incorporated towns, townships of the first
 4      and second classes including those within a county of the
 5      second class and counties of the second through eighth
 6      classes, individually or jointly, to plan their development
 7      and to govern the same by zoning, subdivision and land
 8      development ordinances, planned residential development and
 9      other ordinances, by official maps, by the reservation of
10      certain land for future public purpose and by the acquisition
11      of such land; to promote the conservation of energy through
12      the use of planning practices and to promote the effective
13      utilization of renewable energy sources; providing for the
14      establishment of planning commissions, planning departments,
15      planning committees and zoning hearing boards, authorizing
16      them to charge fees, make inspections and hold public
17      hearings; providing for mediation; providing for transferable
18      development rights; providing for appropriations, appeals to
19      courts and penalties for violations; and repealing acts and
20      parts of acts," in subdivision and land development,
21      providing for nonbuilding lots.
22      The General Assembly of the Commonwealth of Pennsylvania
23   hereby enacts as follows:
24      Section 1.    The act of July 31, 1968 (P.L.805, No.247), known
25   as the Pennsylvania Municipalities Planning Code, is amended by
26   adding a section to read:
27      Section 503.2.    Nonbuilding Lots.--(a)   The creation of a
28   nonbuilding lot shall be exempt from regulation under a
 1   subdivision and land development plan except as provided under
 2   subsection (b).
 3      (b)   The subdivision and land development ordinance shall
 4   include all of the following:
 5            (1)   Provisions allowing for the creation of two
 6      nonbuilding lots when presented with a waiver form obtained
 7      from the Department of Environmental Protection, as provided
 8      for by the act of January 24, 1966 (1965 P.L.1535, No.537),
 9      known as the "Pennsylvania Sewage Facilities Act," which
10      declares that there is no present need for sewage disposal
11      facilities on the site and that completion of sewage
12      facilities planning is not required, and two or more
13      nonbuilding lots if the waiver designates that the property
14      is being divided among immediate family members.
15            (2)   In the event that the owner or applicant of a
16      subdivided parcel that has been granted a nonbuilding waiver
17      subsequently desires to build upon or develop the property,
18      the owner or applicant shall comply with all applicable
19      statutes, regulations or ordinances in effect at the time of
20      the desired construction or development.
21      (c)   As used in this section:
22      "Immediate family member" shall mean a spouse, parent, child,
23   grandchild, brother or sister.
24      "Nonbuilding lot" shall mean a parcel of land that does not
25   contain any structure or building that produces sewage, provided
26   that a structure or building not producing sewage is allowed on
27   the site.
28      "Sewage disposal facilities" shall mean any sewage disposal
29   system and the associated infrastructure allowed by the
30   Department of Environmental Protection under the "Pennsylvania

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1   Sewage Facilities Act."
2      Section 2.   This act shall take effect in 60 days.




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