Pennsylvania SB 1346: 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.

Bill Text

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 cr