Pennsylvania HB 529: An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, establishing the Smart Growth Zoning and Housing Program and the Smart Growth Zoning District Fund.

Bill Text

PRINTER'S NO. 522
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 529
Session of
2025
INTRODUCED BY PROKOPIAK, SANCHEZ, GIRAL, HILL-EVANS, KHAN,
SCHLOSSBERG, KENYATTA, DALEY, SHUSTERMAN, GREEN, MADDEN,
CEPEDA-FREYTIZ, CERRATO, HADDOCK AND BOYD, FEBRUARY 10, 2025
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
FEBRUARY 10, 2025
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, establishing the Smart Growth Zoning
and Housing Program and the Smart Growth Zoning District
Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 63
SMART GROWTH ZONING AND HOUSING PROGRAM
Sec.
6301. Definitions.
6302. Smart Growth Zoning and Housing Program.
6303. Submission to department.
6304. Requirements.
6305. Certificate of compliance.
6306. Smart Growth Zoning District Fund.
6307. Other discretionary money.
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6308. Design standards.
6309. Approval of projects.
6310. Administration.
6311. Repayment.
§ 6301. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Approved smart growth zoning district." A smart growth
zoning district that has been adopted by a municipality and
approved by the department in accordance with this chapter and
the guidelines of the department, so as to be eligible for the
receipt of financial and other incentives.
"Attainable housing." Housing attainable to and occupied by
individuals and families whose annual income is equal to or less
than 120% of the areawide median income as determined by the
United States Department of Housing and Urban Development.
"Density bonus payment." A one-time payment to a
municipality from the Smart Growth Zoning District Fund or other
money authorized by the General Assembly for each housing unit
of new construction that is created in a smart growth zoning
district.
"Department." The Department of Community and Economic
Development of the Commonwealth.
"Developable land area." An area within an approved smart
growth zoning district that can be feasibly developed into
residential or mixed-use development determined in accordance
with guidelines of the department. The term does not include:
(1) Land area that is already substantially developed,
including existing parks and dedicated, perpetual open space
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within a substantially developed portion.
(2) Open space designated by the municipality as
provided in section 6304 (relating to requirements).
(3) Areas exceeding one-half acre of contiguous land
that are unsuitable for development because of topographic
features or for environmental reasons, such as wetlands.
"Duplex housing." A residential building with two dwelling
units separated by a horizontal or vertical wall.
"Dwelling unit." A single unit providing complete
independent living facilities for one or more individuals,
including permanent facilities for cooking, eating, living,
sanitation and sleeping.
"Eligible location." An area that, by virtue of the area's
infrastructure, transportation access, existing underutilized
facilities or location, makes the area a highly suitable
location for residential or mixed-use smart growth zoning
districts, including:
(1) Areas near transit stations, including rapid
transit, commuter rail and bus and ferry terminals.
(2) Areas of concentrated development, including town
and city centers and other existing commercial districts.
"Fund." The Smart Growth Zoning District Fund established
under section 6306(a) (relating to Smart Growth Zoning District
Fund).
"Housing production summary." A detailed summary of the
municipality's:
(1) Attainable housing production history.
(2) Housing needs and housing demand assessment.
(3) Analysis of development constraints and capacity.
(4) Current housing goals and strategy for achieving
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those goals.
(5) Proposed locations for attainable housing
production.
"Mixed-use development." A development containing a mix of
residential uses and nonresidential uses, including commercial,
institutional, industrial or other uses, all conceived, planned
and integrated to create vibrant, workable, livable and
attractive neighborhoods.
"Municipality." A city, borough, incorporated town or
township or home rule municipality.
"New construction." Construction of new housing units, the
substantial rehabilitation of existing buildings or the
conversion to residential use of existing buildings to create
additional housing units, to the extent that those units could
not have been constructed or converted without the smart growth
zoning district.
"Pr