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§ 11703.6. Applicability

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 53 P.S. Municipal and Quasi-Municipal CorporationsEffective: July 9, 2013

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 53 P.S. Municipal and Quasi-Municipal Corporations
Part I. General Municipal Law
Chapter 30G. Development Permit Extension Act
Effective: July 9, 2013
53 P.S. § 11703.6
Formerly cited as PA ST 72 P.S. § 1606-I
§ 11703.6. Applicability
Currentness
(a) Exceptions.--This act shall not apply to any of the following:
(1) An approval issued to comply with Federal law, the duration or terms of expiration of which is specified or determined by Federal law.
(2) An administrative consent order or other enforcement action relating to an approval that is subject to the extension period.
(3) An approval, designation or benefit under the act of October 6, 1998 (P.L. 705, No. 92),1 known as the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone Act.
(4) A “One-Call” determination, response or other requirement under the act of December 10, 1974 (P.L. 852, No. 287),2 referred to as the Underground Utility Line Protection Law.
(5) The revocation or modification of an approval or extension of an approval, when the approval authorizes the modification or revocation for cause.
(6) An approval issued by the Department of Transportation, except that approvals in accordance with 67 Pa. Code Ch. 441 (relating to access to and occupancy of highways by driveways and local roads) shall be extended by the department upon the submission of a complete and accurate application throughout the extension period for one-year intervals, subject to the requirements of 67 Pa. Code Ch. 441, including modifications based on changed circumstances.
(7) An approval issued by the Department of Environmental Protection implementing 25 Pa. Code § 93.4a (relating to antidegradation) in connection with surface waters, as defined in 25 Pa. Code § 93.1 (relating to definitions), or wetlands, as defined in 25 Pa. Code § 93.1, which surface waters or wetlands, after the issuance of the approval, and during the extension period, became classified as:
(i) High Quality Waters, pursuant to 25 Pa. Code §§ 93.1 and 93.4b(a) (relating to qualifying as high quality or exceptional value waters); or
(ii) Exceptional Value Waters, pursuant to 25 Pa. Code § 93.4b(b)(1).
(8) An approval issued by the Department of Environmental Protection implementing 25 Pa. Code § 93.4a in connection with surface waters, as defined in 25 Pa. Code § 93.1, or wetlands, as defined in 25 Pa. Code § 93.1, which surface waters or wetlands are classified as Exceptional Value Waters pursuant to 25 Pa. Code § 93.4b(b)(1).
(b) Sewer and water systems.--If an approval is based upon the connection to a sanitary sewer system or water distribution system, the application of the extension period as it relates to capacity shall be contingent upon the availability of sufficient capacity of the system to accommodate the development that is the subject of the extended approval. If sufficient capacity is unavailable at the time it is required to proceed with development under the approval, priority with regard to further distribution or allocation of capacity shall be established by the date on which the approval was obtained. Priority relating to distribution of additional capacity shall be allocated in order of the granting of the original approval for the connection.
(c) Fee.--A government agency which issued an approval may charge a fee to extend the approval that may be no more than 25% of the original application fee. In no event may the fee be more than $5,000.

Credits

2013, July 9, P.L. 362, No. 54, § 6, imd. effective.

Footnotes

1
73 P.S. § 820.101 et seq.
2
73 P.S. § 176 et seq.
53 P.S. § 11703.6, PA ST 53 P.S. § 11703.6
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document