An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in subdivision and land development, providing for nonbuilding lots.
HB283 amends the Pennsylvania Municipalities Planning Code to create a new category of “nonbuilding lots” and to limit local subdivision and land development regulation over their creation. Under the bill, the creation of a nonbuilding lot would generally be exempt from subdivision and land development plan review, except as specifically required by the bill. The measure directs municipal subdivision and land development ordinances to allow the creation of two nonbuilding lots when the applicant presents a Pennsylvania Department of Environmental Protection waiver showing there is no present need for sewage disposal facilities on the site and that sewage planning is not required.
The bill also requires municipalities to allow more than two nonbuilding lots when the DEP waiver states that the property is being divided among immediate family members. It defines “immediate family member” to include a spouse, parent, child, grandchild, brother, or sister, and defines a nonbuilding lot as a parcel without any structure or building that produces sewage, while still allowing a structure that does not produce sewage. If a property owner later wants to build or otherwise develop a parcel that received a nonbuilding waiver, the bill requires compliance with all applicable statutes, regulations, and ordinances in effect at that later time.
HB283 would amend state land-use law by adding Section 503.2 to the Pennsylvania Municipalities Planning Code, creating a statewide rule that municipalities must incorporate into their subdivision and land development ordinances. The bill would constrain local discretion by requiring local ordinances to permit certain nonbuilding lot subdivisions tied to DEP sewage waivers and family transfers, while preserving future regulatory review if the parcel is later developed. It would affect municipalities, landowners, developers, and families seeking to divide property without immediate building plans, and it interacts directly with the Pennsylvania Sewage Facilities Act and local zoning/subdivision ordinances.
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate, support, or opposition in the available record. Based on the bill text alone, the measure appears aimed at facilitating limited property divisions and family transfers while maintaining environmental and sewage-planning safeguards, suggesting a practical, administrative purpose rather than a highly partisan one.
The main point of potential contention is the bill’s requirement that municipalities allow nonbuilding lot creation under specified DEP waiver conditions, which may be viewed as limiting local control over subdivision review. Supporters would likely emphasize flexibility for property owners and families, especially for intra-family transfers, while opponents may be concerned about reduced municipal oversight, possible circumvention of subdivision standards, or future development pressure on parcels initially exempted from building-related review. The bill preserves later compliance with all applicable laws if development is eventually proposed, which may address some concerns but does not eliminate the underlying local-control issue.