An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in general provisions, further providing for definitions; and, in zoning, providing for accessory dwelling units and for public availability of public utility fees.

PRINTER'S NO. 1568
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1256
Session of
2026
INTRODUCED BY COLLETT, MALONE, TARTAGLIONE, CAPPELLETTI, COSTA,
HAYWOOD AND KANE, APRIL 6, 2026
REFERRED TO URBAN AFFAIRS AND HOUSING, APRIL 6, 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 general provisions, further providing for
definitions; and, in zoning, providing for accessory dwelling
units and for public availability of public utility fees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 107 of the act of July 31, 1968 (P.L.805,
No.247), known as the Pennsylvania Municipalities Planning Code,
is amended by adding definitions to read:
Section 107. Definitions.--(a) The following words and
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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 self-contained living unit on
the same parcel as a single-family dwelling of greater square
footage that includes cooking, sleeping and sanitation
facilities and complies with, or is otherwise exempt from, any
applicable building code, fire code or public health or safety
regulation.
* * *
"Gross floor area," the interior habitable area of a single-
family dwelling or an accessory dwelling unit.
* * *
Section 2. The act is amended by adding sections to read:
Section 603.2. Accessory Dwelling Units.--(a) (1) A
municipality shall adopt an ordinance that:
(i) Allows a minimum of one accessory dwelling unit
on a lot or parcel that contains a single-family
dwelling. A municipality may, by ordinance, authorize a
greater number of accessory dwelling units per lot.
(ii) Allows an accessory dwelling unit that is:
(A) attached to a single-family dwelling;
(B) detached from a single-family dwelling;
(C) contained within the single-family dwelling;
or
(D) currently constructed or may be constructed.
(iii) Sets a maximum gross floor area for an
accessory dwelling unit that is 1,250 square feet or the
gross floor area of the single-family dwelling, whichever
is less, or the entire floor plate of a basement or
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attic.
(iv) Allows an accessory dwelling unit to be used as
rental housing.
(v) Provides a process by which a person may apply
to construct an accessory dwelling unit.
(vi) Requires accessory dwelling units to be
physically distinct and not be combined into a single
structure containing more than one dwelling unit. An
accessory dwelling unit may not share a common interior
wall with another accessory dwelling unit.
(vii) Provides that the presence of more than one
accessory dwelling unit on a lot or parcel containing a
single-family dwelling shall not constitute multifamily
housing, an apartment building or a multifamily dwelling,
and shall not cause the lot or parcel to be reclassified
as multifamily residential use.
(2) Nothing in clause (1) shall be construed to prohibit
a municipality from adopting an ordinance limiting the total
number of accessory dwelling units permitted on a single lot
or parcel, provided that such ordinance permits no fewer than
one accessory dwelling unit as required under subclause (i).
(3) An ordinance adopted under clause (1) may not:
(i) Require that a lot or parcel have additional
parking to accommodate an accessory dwelling unit or
require fees in lieu of additional parking.
(ii) Require that an accessory dwelling unit match
the exterior design, roof pitch, finishing materials,
architectural design or color of, or be similar to, the
single-family dwelling.
(iii) Require that the single-family dwelling or the
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accessory dwelling unit be occupied by the owner.
(iv) Require a familial, marital or employment
relationship between the occupants of the single family
dwelling and the occupants of the accessory dwelling
unit.
(v) Require periodic license renewal of an accessory
dwelling unit.
(vi) Assess impact fees on the construction of an
accessory dwelling unit.
(vii) Require improvements to public streets as a
condition of permitting an accessory dwelling unit.
(viii) Set maximum building heights, minimum setback
requirements, minimum lot sizes, maximum lot coverages or
minimum building frontages for accessory dwelling units
that are more restrictive than those for single-family
dwellings.
(ix) Impose more onerous zoning regulations on an
accessory dwelling unit beyond the regulations required
by this section.
(x) Require a restrictive covenant concerning an
accessory dwelling unit on a parcel zoned for residential
use by a single-family dwelling. This subclause may not
be construed to prohibit restrictive covenants concerning
accessory dwelling units entered into between private
parties, but the municipality may not condition a permit,
license or use of an accessory dwelling unit on the
adoption or implementation of a restrictive covenant
entered into between private parties.
(xi) Require that an accessory dwelling unit meet
storm water or water quality standards that a single-
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family detached dwelling unit on the same lot is not
required to meet.
(xii) Require subdivision, increased minimum lot
size, increased minimum frontage or increased open space
as a condition of permitting a single accessory dwelling
unit.
(4) Nothing in clause (3) shall be construed to prohibit
a municipality from adopting an ordinance which requires
subdivision, increased minimum lot sizes, increased minimum
frontage or increased open space as a condition of permitting
a second or additional accessory dwelling units, provided
such requirements are established under a duly adopted local
ordinance.
(5) A municipality may require a fee for reviewing an
application to create an accessory dwelling unit. The one-
time application fee for the license may be up to $250 for
each accessory dwelling unit. Nothing in this clause shall be
construed to prohibit a municipality from requiring the
municipality's building fees in addition to the application
fee.
(6) A municipality that has not adopted or amended
ordinances pursuant to this subsection by January 1, 2027,
shall review and permit accessory dwelling units in
accordance with the requirements of this section until
ordinances are adopted or amended. An ordinance in effect on
or after January 1, 2027, that applies to accessory dwelling
units and does not comply with this section is void.
(7) The provisions of this subsection do not supersede
applicable building codes, fire codes or public health or
safety regulations.
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(b) (1) The following application process shall apply for
an accessory dwelling unit:
(i) A permit application for an accessory dwelling
unit shall be considered and approved without
discretionary review or a hearing.
(ii) The permitting agency shall approve or deny an
application to create or serve an accessory dwelling unit
within:
(A) 30 days from the date the permitting agency
receives the completed application; or
(B) 60 days if additional review is required.
(iii) 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 permitting agency may delay
approving or denying the permit application for the
accessory dwelling unit until the permitting agency
approves or denies the permit application to create or
serve the new single-family dwelling unit.
(iv) If the applicant requests a delay, the time
period provided under subclause (ii) shall be tolled for
the period of the delay.
(v) If the permitting agency determines an
application is incomplete, the permitting agency shall
provide the applicant with a list of incomplete items and
a description of how the application can be made
complete. The following shall apply:
(A) The list and description shall be provided
with the written notice. After receiving a notice
that the application is incomplete, an applicant may
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cure and address the items that are deemed to be
incomplete by the permitting agency.
(B) In the review of an application, the
permitting agency shall not require the application
to include an item that was not included in the list
of incomplete items.
(C) If an applicant submits a cured application,
the permitting agency shall determine whether the
additional application has remedied all incomplete
items listed in the determination.
(D) The cured application is subject to the
timelines and requirements of an original application
under this subsection.
(vi) If the permitting agency has not approved or
denied the completed application within the time period
provided under subclause (ii), the application shall be
deemed approved.
(vii) A permitting agency may charge a fee, which
shall not exceed $250 in the aggregate, for costs
incurred to review the permit application for the
creation or service of an accessory dwelling unit.
(viii) A permitting agency may not require a renewal
for a permit for an accessory dwelling unit.
(ix) If a permitting agency does not make a timely
determination as required by this subsection, the
application or cured application shall be deemed to be
complete for the purposes of this section.
(2) If a permitting agency denies an application for an
accessory dwelling unit, the permitting agency shall return
in writing a full set of comments to the applicant with a
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list of items that are defective or deficient and a
description of how the applicant may remedy the application.
No local ordinance, policy or regulation, other than an
accessory dwelling unit ordinance consistent with this
article, shall be the basis for the delay or denial of a
building permit or a use permit under this section.
Section 621.1. Public Availability of Public Utility Fees.--
(a) Prior to providing utility service connections for new
housing construction, including the construction of an accessory
dwelling unit, each public utility providing service to the new
housing construction shall make available on the public
utility's publicly accessible Internet website, in a clear and
accessible format:
(1) a schedule of estimated fees for the utility service
connection; and
(2) a schedule of standard estimated time frames for
completing typical utility service connections for each
housing development type.
(b) The fee schedule under subsection (a) must include, at a
minimum:
(1) connection charges, capacity charges and any other
upfront costs reasonably expected for service connection;
(2) distinct listings for accessory dwelling units,
which shall be separate from larger multifamily or commercial
classifications; and
(3) definitions for each development type used to
classify the fee estimates.
(c) Each utility provider shall review and, if necessary,
update the fee schedules under subsection (a) at least annually
and provide notice of any changes on the public utility's
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publicly accessible Internet website where the schedules are
posted.
(d) This section shall apply to each public utility
regulated by the Pennsylvania Public Utility Commission.
(e) As used in this section, the term "public utility" shall
have the same meaning given to it under 66 Pa.C.S. § 102
(relating to definitions).
Section 3. This act shall take effect in 60 days.
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