Pennsylvania SB 1256: 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.

Bill Text

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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accessor