An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in zoning, further providing for ordinance provisions.

PRINTER'S NO. 1548
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1239
Session of
2026
INTRODUCED BY COLEMAN, VOGEL, ARGALL AND KEEFER, MARCH 30, 2026
REFERRED TO LOCAL GOVERNMENT, MARCH 30, 2026
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 zoning, further providing for ordinance
provisions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 603 of the act of July 31, 1968 (P.L.805,
No.247), known as the Pennsylvania Municipalities Planning Code,
is amended by adding a subsection to read:
Section 603. Ordinance Provisions.--* * *
(m) (1) The governing body shall approve an application for
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a development if the applicant establishes that:
(i) the applicant has received a will-serve letter
for the development from both a municipal water system
and a municipal sewer system; and
(ii) the development is located in a nonresidential
zone or is otherwise designated for office, retail or
parking.
(2) A multifamily development, mixed-use development or
adaptive reuse development approved under paragraph (1) is
not subject to any of the following:
(i) Required minimum or maximum residential density.
(ii) Limits on the building height of a development
that includes restricted-affordable dwelling units or
restricted-deeply-affordable dwelling units that would
prevent the addition of additional dwelling units above
what would otherwise be feasible for each restricted-
affordable dwelling unit, or each restricted-deeply-
affordable dwelling unit, in the development.
(iii) Mandatory setbacks greater than the least of
standard utility easements, 10 feet or the existing
setbacks of a building being converted to residential or
mixed-use development through adaptive reuse.
(iv) Restrictions on lot size or coverage.
(v) Mandatory walls, fences or screening or use of
impervious pavement outdoors other than if necessary for
disability accommodation or public health and safety
based on a preponderance of evidence.
(vi) Mandatory nonpublic open space or common areas.
(vii) One off-street residential parking space for
each unit and accessible parking space requirements under
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the Americans with Disabilities Act of 1990 (Public Law
101-336, 104 Stat. 327).
(viii) An equivalent number of parking spaces
required under subparagraph (vii) provided through a
shared parking agreement.
(3) Nothing in this subsection shall be construed to
preempt definitions or uses as defined in the act of November
10, 1999 (P.L.491, No.45), known as the "Pennsylvania
Construction Code Act."
(4) As used in this subsection:
"Adaptive reuse" shall mean a development that retains at
least two exterior walls of an existing building.
"Development" shall mean a land development.
"Dwelling unit" shall mean a single unit providing
complete independent living facilities for one or more
individuals, including permanent facilities for cooking,
eating, living, sanitation and sleeping.
"Nonresidential zone" shall mean a parcel or lot not
zoned for residential development, including office,
commercial or mixed-use development. The term does not
include a parcel or lot zoned for agricultural or natural
conservation use.
"Mixed-use development" shall mean a development
consisting of residential and nonresidential uses in which
the nonresidential uses are less than 50% of the total square
footage of the development and are limited to the first floor
of buildings that are at least two stories.
"Multifamily development" shall mean a building designed
for at least five dwelling units in which the dwelling units
share a common separation like a ceiling or wall and in which
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access cannot be gained between units through an internal
doorway, excluding common hallways.
"Restricted-affordable dwelling unit" shall mean a
dwelling unit that either through a deed restriction or a
development agreement with the municipality is rented or sold
to households earning up to 120% of area median income.
"Restricted-deeply-affordable dwelling unit" shall mean a
dwelling unit that either through a deed restriction or a
development agreement with the municipality is rented or sold
to households earning up to 60% of area median income.
Section 2. This act shall take effect in 60 days.
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