HB 1037 — 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, further providing for contents of subdivision and land development ordinance.

PRINTER'S NO.   1121

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1037
                                               Session of
                                                 2025

     INTRODUCED BY IRVIN, FREEMAN, STENDER, ZIMMERMAN AND KAZEEM,
        MARCH 24, 2025

     REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
        MARCH 24, 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, further
21      providing for contents of subdivision and land development
22      ordinance.
23      The General Assembly of the Commonwealth of Pennsylvania
24   hereby enacts as follows:
25      Section 1.    Section 503 of the act of July 31, 1968 (P.L.805,
26   No.247), known as the Pennsylvania Municipalities Planning Code,
27   is amended by adding a paragraph to read:
 1      Section 503.   Contents of Subdivision and Land Development
 2   Ordinance.--The subdivision and land development ordinance may
 3   include, but need not be limited to:
 4          * * *
 5          (4.2)    Provisions which provide that if a one-family or
 6      two-family dwelling is demolished and replaced by another
 7      residential structure that conforms substantially to the same
 8      manner and use as the replaced one-family or two-family
 9      dwelling, the municipality may allow the new residential
10      structure to be constructed in accordance with the setback
11      standards of the replaced one-family or two-family dwelling
12      and shall provide the setback standards to the building
13      permit applicant.
14          * * *
15      Section 2.   This act shall take effect in 60 days.




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