Pennsylvania SB 1281: An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in planned residential development, providing for expedited high density housing approval.

Bill Text

PRIOR PRINTER'S NO. 1589 PRINTER'S NO. 1760
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1281
Session of
2026
INTRODUCED BY ROTHMAN, PICOZZI, STEFANO, LAUGHLIN, PHILLIPS-
HILL, DUSH AND VOGEL, APRIL 14, 2026
AS AMENDED ON THIRD CONSIDERATION, JUNE 2, 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 planned residential development, providing
for expedited high density housing approval.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 31, 1968 (P.L.805, No.247), known
as the Pennsylvania Municipalities Planning Code, is amended by
adding a section to read:
Section 707.1. Expedited High Density Housing Approval.--(a)
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No later than one year after the effective date of this
subsection, the board shall adopt rules requiring the governing
body of a municipality to issue a land use decision,
notwithstanding any comprehensive plan or land use regulations
or Statewide land use planning goals IN COMPLIANCE WITH EXISTING
COMPREHENSIVE PLANS OR MUNICIPAL LAND USE REGULATIONS OR
STATEWIDE LAND USE PLANNING GOALS , approving the development of
specified residential development types on certain lots or
parcels under specified conditions under this section.
(b) A rule established under this section shall only apply
to lots or parcels that are zoned residential and served by
public utilities.
(c) The residential development types that may be approved
under this section shall only include:
(1) Attached or detached housing, including accessory
dwelling units, prefabricated or modular housing or mixed use
with residential.
(2) Types with a buildable area of:
(i) A size of not more than 2,200 square feet for a
single-unit dwelling, accessory dwelling unit, duplex,
triplex, quadplex or townhouse.
(ii) An average per-unit size of not more than 1,400
square feet for cottage clusters or a multiunit dwelling.
(3) A multiunit dwelling with fewer than 50 units.
(4) Housing that complies with the maximum density
requirements of the applicable comprehensive plan or land use
regulations for the lot or parcel.
(5) Housing types whose building plans have been
approved under subsection (f).
(d) The board may specify for the approved residential
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development types allowed under this section:
(1) Processes that the municipalities may apply to the
development, except for public facilities or traffic impact
analysis processes, which the municipality may establish and
implement.
(2) Applicable design standards and the scope of the
design review, which may include requiring the approval of
the use of any material, design or method of construction
that is approved under the applicable building code or
approved under subsection (f).
(3) Allowable variations or adjustments, or variation or
adjustment types, from the specific approval. A municipality
is not required to grant a request for adjustments to
development authorized under this section except as specified
by the board.
(e) (1) In adopting rules under this section, the board
shall coordinate with the review of building construction
plans by the department under subsection (f).
(2) In implementing this section, the department shall
coordinate with approvals of land use plans by the board
under this section.
(f) The department shall designate a process by which an
applicant for a building permit for a residential structure of a
type described in subsection (c)(1), (2) and (3) may receive
building construction plan approval from the municipality,
including through the use of:
(1) Typical drawings and specifications created by the
department.
(2) Review of plans and specifications approved by the
department. Plans and specifications submitted under this
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