PRINTER'S NO. 1508
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1126
Session of
2024
INTRODUCED BY DiSANTO, LAUGHLIN, ROTHMAN, SAVAL, KEARNEY,
COLEMAN, HUTCHINSON AND MARTIN, APRIL 5, 2024
REFERRED TO URBAN AFFAIRS AND HOUSING, APRIL 5, 2024
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 general provisions, further providing for
definitions; in subdivision and land development, further
providing for grant of power and for contents of subdivision
and land development ordinance; and, in zoning, further
providing for ordinance provisions, providing for accessory
dwelling units and further providing for zoning purposes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "mobilehome," "mobilehome lot"
and "mobilehome park" in section 107 of the act of July 31, 1968
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(P.L.805, No.247), known as the Pennsylvania Municipalities
Planning Code, are amended and the section is amended by adding
definitions to read:
Section 107. Definitions.--(a) The following words and
phrases when used in this act shall have the meanings given to
them in this subsection unless the context clearly indicates
otherwise:
"Accessory dwelling unit," a residential living unit on the
same parcel or lot on which a single-family dwelling is present
or may be constructed that provides complete independent living
facilities for one or more persons and may take various forms,
including an attached or detached unit, a unit that is part of
an accessory structure, including a detached garage, or a unit
that is part of an expanded or remodeled dwelling. The term does
not include a recreational vehicle.
* * *
"Duplex," a housing structure of one or more stories
containing two dwelling units, designed for residential
occupancy by two or more persons who live independently from
each other.
"Dwelling unit," a residential living unit that provides
complete independent living facilities for one or more persons
and includes permanent provisions for living, sleeping, eating,
cooking and sanitation.
* * *
"Fourplex," a housing structure of one or more stories
containing four dwelling units, designed for residential
occupancy by four or more persons who live independently from
each other.
* * *
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"Manufactured home," as defined in 42 U.S.C. § 5402(6)
(relating to definitions).
"Manufactured home community," a parcel or contiguous parcels
of land designated and improved, containing two or more
manufactured home sites for the placement of manufactured homes.
"Manufactured home site," a parcel of land in a manufactured
home community with the necessary utility connections and other
appurtenances necessary for the erection of a single
manufactured home.
* * *
["Mobilehome," a transportable, single family dwelling
intended for permanent occupancy, contained in one unit, or in
two or more units designed to be joined into one integral unit
capable of again being separated for repeated towing, which
arrives at a site complete and ready for occupancy except for
minor and incidental unpacking and assembly operations, and
constructed so that it may be used without a permanent
foundation.
"Mobilehome lot," a parcel of land in a mobilehome park,
improved with the necessary utility connections and other
appurtenances necessary for the erections thereon of a single
mobilehome.
"Mobilehome park," a parcel or contiguous parcels of land
which has been so designated and improved that it contains two
or more mobilehome lots for the placement thereon of
mobilehomes.]
* * *
"Planned community," real property with respect to which a
person, by virtue of ownership of an interest in any portion of
the real property, is or may become obligated by covenant,
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easement or agreement imposed on the owner's interest to pay any
amount for real property taxes, insurance, maintenance, repair,
improvement, management, administration or regulation of any
part of the real property other than the portion or interest
owned solely by the person. The term excludes a cooperative and
a condominium, but a condominium or cooperative may be part of a
planned community. As used in this definition, the term
"ownership" includes holding a leasehold interest of more than
20 years, including renewal options, in real estate. The term
includes a nonresidential campground community.
* * *
"Recreational vehicle," a vehicle such as a bus, motor home
or pickup truck with an attached camper.
* * *
"Single-family detached dwelling unit," a freestanding
building containing one dwelling unit for one family. The term
includes a manufactured home.
* * *
"Triplex," a housing structure of one or more stories
containing three dwelling units, designed for residential
occupancy by three or more persons who live independently from
each other.
* * *
Section 2. Section 501 of the act is amended to read:
Section 501. Grant of Power.--The governing body of each
municipality may regulate subdivisions and land development
within the municipality by enacting a subdivision and land
development ordinance. The ordinance shall require that all
subdivision and land development plats of land situated within
the municipality shall be submitted for approval to the
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governing body or, in lieu thereof, to a planning agency
designated in the ordinance for this purpose, in which case any
planning agency action shall be considered as action of the
governing body. All powers granted herein to the governing body
or the planning agency shall be exercised in accordance with the
provisions of the subdivision and land development ordinance. In
the case of any development governed by planned residential
development provisions adopted pursuant to Article VII, however,
the applicable provisions of the subdivision and land
development ordinance shall be as modified by such provisions
and the procedures which shall be followed in the approval of
any plat, and the rights and duties of the parties thereto shall
be governed by Article VII and the provisions adopted
thereunder. Provisions regulating [mobilehome parks]
manufactured home communities shall be set forth in separate and
distinct articles of any subdivision and land development
ordinance adopted pursuant to Article V or any planned
residential development provisions adopted pursuant to Article
VII.
Section 3. Section 503 of the act is amended by adding a
paragraph to read:
Section 503. Contents of Subdivision and Land Development
Ordinance.--The subdivision and land development ordinance may
include, but need not be limited to:
* * *
(4.2) Provisions for ensuring that all forms of single-
family detached dwelling units are regulated uniformly
throughout the municipality or city of the first or second
class, in the event the municipality or city of the first or
second class has not enacted a zoning ordinance.
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* * *
Section 4. Section 603(l) of the act is amended and the
section is amended by adding subsections to read:
Section 603. Ordinance Provisions.--* * *
(l) Zoning ordinances shall permit no-impact home-based
businesses in all residential zones of the municipality as a use
permitted by right, except that such permission shall not
supersede any deed restriction, covenant or agreement
restricting the use of land nor any master deed, bylaw or other
document applicable to a [common interest ownership] planned
community.
(m) Manufactured homes and manufactured home communities
shall be a permitted use by right in all zoning districts in
every municipality or city of the first or second class where
single-family detached dwelling units are permitted uses, except
that the permission shall not supersede any deed restriction,
covenant or agreement restricting the use of land or any master
deed, bylaw or other document applicable to a planned community.
A zoning ordinance may not require manufactured homes to be
located within a manufactured home community and may not contain
regulations, applicable to manufactured homes, which are
inconsistent with regulations applicable to single-family
detached dwelling units in the same zoning district.
(n) Accessory dwelling units, under section 603.2, shall be
a permitted use by right in all zoning districts in every
municipality or city of the first or second class where single-
family detached dwelling units are permitted uses, except that
the permission may not supersede any deed restriction, covenant
or agreement restricting the use of land or any master deed,
bylaw or other document applicable to a planned community.
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(o) All zoning districts in a municipality or city of the
first or second class where single-family detached dwelling
units are permitted uses and a parcel or lot has the
availability of water and sewage shall permit the development or
use of, except that the permission may not supersede any deed
restriction, covenant or agreement restricting the use of land
or any master deed, bylaw or other document applicable to a
planned community, the following:
(1) duplex housing in a municipality or city of the
first or second class with a population of at least 5,000
residents;
(2) duplex or triplex housing in a municipality or city
of the first or second class with a population of at least
10,000 residents; or
(3) duplex, triplex or fourplex housing in a
municipality or city of the first or second class with a
population of at least 20,000 residents.
(p) Zoning ordinances may not require:
(1) More than one vehicle parking space for each studio
or one bedroom dwelling unit or more than two parking spaces
for each dwelling unit with two or more bedrooms and no
zoning ordinance may require vehicle parking for a
residential, commercial or mixed use development located
within one mile of public transit routes.
(2) A minimum lot size greater than 1,400 square feet,
minimum setback lines greater than four feet front, rear and
side or require a height limit less than four stories in
zoning districts with the availability of water and sewage.
Section 5. The act is amended by adding a section to read:
Section 603.2. Accessory dwelling units.--(a) A
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municipality or city of the first or second class shall adopt an
ordinance to permit the development of at least one accessory
dwelling unit for each single-family detached dwelling unit,
subject to reasonable regulation.
(b) A permit application for an accessory dwelling unit
shall be considered and approved ministerially without
discretionary review or a hearing. The municipality or city of
the first or second class shall approve or deny an application
to create or serve an accessory dwelling unit within 14 days
from the date the municipality or city of the first or second
class receives a completed application if there is an existing
single-family detached dwelling unit on the lot. If the permit
application to create or serve an accessory dwelling unit is
submitted with a permit application to create or serve a new
single-family dwelling unit on the lot, the municipality or city
of the first or second class may delay approving or denying the
permit application for the accessory dwelling unit until the
municipality or city of the first or second class approves or
denies the permit application to create or serve the new single-
family dwelling unit. If the applicant requests a delay, the 14-
day time period shall be tolled for the period of the delay. If
the municipality or city of the first or second class has not
approved or denied the completed application within 14 days, the
application shall be deemed approved. A municipality or city of
the first or second class may charge a fee to reimburse it for
costs incurred to review the permit application for the creation
or service of an accessory dwelling unit. No renewals of a
permit shall be required.
(c) If a municipality or city of the first or second class
denies an application for an accessory dwelling unit, the
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municipality or city of the first or second class shall return
in writing a full set of comments to the applicant with a list
of items that are defective or deficient and a description of
how the application can be remedied by the applicant.
(d) Accessory dwelling units may be either attached to or
located within the proposed or existing single-family detached
dwelling unit or detached from the proposed or existing single-
family detached dwelling unit and located on the same lot as
such dwelling.
(e) A municipality or city of the first or second class may
not establish a minimum net floor area for an accessory dwelling
unit of more than 150 square feet.
(f) A municipality or city of the first or second class may
establish a maximum net floor area for an accessory dwelling
unit of not less than 50% of the net floor area of the single-
family detached dwelling unit, or 1,250 square feet, whichever
is less.
(g) A municipality or city of the first or second class may
establish a height limitation for an accessory dwelling unit of
no less than 25 feet or the height of the single-family detached
dwelling unit, whichever is less.
(h) No setback shall be required for an existing living area
or accessory structure or for a structure constructed in the
same location and to the same dimensions as an existing
structure that is converted to an accessory dwelling unit or for
a portion of an accessory dwelling unit. A setback of no more
than four feet from the side and rear lot lines may be required
for an accessory dwelling unit that is not converted from an
existing structure or a new structure constructed in the same
location and to the same dimensions as an existing structure.
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(i) A municipality or city of the first or second class may
not require a passageway between an accessory dwelling unit and
a single-family detached dwelling unit, except as required by
the applicable building or fire code.
(j) A municipality or city of the first or second class
shall not condition the approval of an accessory dwelling unit
on the correction of a nonconforming use, structure or lot or
require the installation of fire sprinklers in an accessory
dwelling unit if such sprinklers are not required for the
single-family detached dwelling unit located on the same lot.
(k) A municipality, city of the first or second class ,
municipal authority or public utility may not consider an
accessory dwelling unit to be a new residential use for the
purposes of calculating connection fees or capacity charges for
utilities, including water and sewer service, unless such
accessory dwelling unit was constructed with a new single-family
dwelling unit on the same lot, nor shall it be required to
install a new or separate utility connection directly to an
accessory dwelling unit or impose a related connection fee or
capacity charge.
(l) A municipality or city of the first or second class may
not require owner-occupancy requirements of either the single-
family detached dwelling unit or the accessory dwelling unit.
(m) An accessory dwelling unit may be rented separate from
the single-family detached dwelling unit but may not be sold or
otherwise conveyed separate from the single-family detached
dwelling unit.
(n) No additional off-street parking shall be required for
the construction of an accessory dwelling unit. If a garage,
carport or covered parking structure is demolished in
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conjunction with the construction of an accessory dwelling unit
or converted to an accessory dwelling unit, a municipality or a
city of the first or second class may not require those off-
street parking spaces to be replaced.
(o) An accessory dwelling unit that conforms to this section
shall be deemed to be an accessory use or an accessory building
and shall not be considered to exceed the allowable density for
the lot upon which it is located, and shall be deemed to be a
residential use that is consistent with the existing general
plan and zoning designations for the lot.
Section 6. Section 604(4) of the act is amended to read:
Section 604. Zoning Purposes.--The provisions of zoning
ordinances shall be designed:
* * *
(4) To provide for the use of land within the
municipality for residential housing of various dwelling
types encompassing all basic forms of housing, including
single-family and two-family dwellings, including
manufactured homes, and a reasonable range of multifamily
dwellings in various arrangements, [mobile homes and mobile
home parks,] provided, however, that no zoning ordinance
shall be deemed invalid for the failure to provide for any
other specific dwelling type.
* * *
Section 7. This act shall take effect in 60 days.
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