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; in subdivision and land development, further providing for contents of subdivision and land development ordinance; and, in zoning, further providing for ordinance provisions and providing for accessory dwelling units.

PRINTER'S NO. 1747
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1346
Session of
2026
INTRODUCED BY ROTHMAN, SAVAL, KEARNEY, MALONE, TARTAGLIONE,
FONTANA, HAYWOOD, ARGALL, VOGEL, CAPPELLETTI, PENNYCUICK AND
STEFANO, MAY 26, 2026
REFERRED TO URBAN AFFAIRS AND HOUSING, MAY 26, 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; in subdivision and land development, further
providing for contents of subdivision and land development
ordinance; and, in zoning, further providing for ordinance
provisions and providing for accessory dwelling units.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 107(a) of the act of July 31, 1968
(P.L.805, No.247), known as the Pennsylvania Municipalities
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Planning Code, 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.
* * *
"Dwelling unit," a residential living unit that provides
co mplete independent living facilities for one or more persons
and includes permanent provisions for living, sleeping, eating,
cooking and sanitation.
* * *
"Recreational vehicle," a vehicle such as a bus, motor home
or pickup truck with an attached camper.
* * *
Section 2. 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
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throughout the municipality, in the event the municipality
has not enacted a zoning ordinance.
* * *
Section 3. Section 603(l) of the act is amended and the
section is amended by adding a subsection 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) Accessory dwelling units under section 603.2 shall be a
permitted use by right in all zoning districts in every
municipality 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.
Section 4. The act is amended by adding a section to read:
Section 603.2. Accessory Dwelling Units.--(a) A
municipality 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 shall
approve or deny an application to create or serve an accessory
dwelling unit within 14 days from the date the municipality
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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 may
delay approving or denying the permit application for the
accessory dwelling unit until the municipality 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 has not approved or denied the completed
application within 14 days, the application shall be deemed
approved. A municipality 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 denies an application for an accessory
dwelling unit, the municipality 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 may not establish a minimum net floor
area for an accessory dwelling unit of more than 150 square
feet.
(f) A municipality may establish a maximum net floor area
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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 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.
(i) A municipality 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 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, 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
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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 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
conjunction with the construction of an accessory dwelling unit
or converted to an accessory dwelling unit, a municipality 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 5. This act shall take effect in 60 days.
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