PA Permit Extension Act

7/9/2010

Rendell signs permit extension law

The Pennsylvania Permit Extension Act extends most valid development approvals, building permits, and other agreements until July 2, 2013 to give developers time to recover from the recession and help boost the economy. Permits that were valid on January 1, 2009 will automatically be extended, except in the City of Philadelphia, where notice to the applicable city agency is required.

Ballard Spahr’s Zoning and Land Use Group provided the following summary of the Act (Senate Bill 1042) in its zoning and land use alert. Lawyers in the group worked with legislative staff in the drafting of the Permit Extension Act.  

In all municipalities, the approval holder may request written verification from the issuing government agency of the existence and new expiration date of the approval. The agency must respond within 30 days or face a deemed affirmation of the approval and the expiration date set forth in the request for verification (except in Philadelphia, where the deemed affirmation is unavailable). The Act also extends the time in which to create additional units and common elements out of convertible real estate in a condominium or planned community. 

Although the term “approval” is broadly defined in the Act, there are a few significant exceptions:

In Philadelphia, the Act appears limited to a building permit, a zoning and use registration permit, and any approval that is a condition for issuance of a building, zoning and/or use registration permit.

The Act appears to limit relief for certain Department of Environmental Protection storm water control permits that include provisions implementing DEP’s anti-degradation rules for discharges to surface waters or wetlands classified as high-quality waters or exceptional-value waters during construction activities, and may not apply at all for certain federal permits controlling such discharges.

The Act does not apply to Pennsylvania Department of Transportation approvals, except that PennDOT highway occupancy permits will be extended, upon submission of an application, throughout the extension period for one-year intervals, subject to modifications based on changed circumstances.

The Act does not limit the authority of a government agency to suspend or revoke an approval for noncompliance with a written condition of the approval, to enforce conditions of approvals granted before January 1, 2009, or to enforce conditions that are required to be performed before final plan approval under the Municipalities Planning Code.

Read also:

Rendell’s welcome boost for developers by Harold Brubaker, Inquirer Staff Writer

Pa. permit extension law comes to builders’ rescue by Natalie Kostelni Philadelphia Business Journal Staff Writer