Legislative Update in PAApril 2012 – Articles In the Zone
Senate Bill No. 1419 proposes to amend the Pennsylvania Municipalities Planning Code (“MPC”) by allowing municipalities in certain situations to retain a payment in lieu of dedication of land for park or recreation purposes for 10 years instead of the now-permitted three years.
Currently, Section 503(11)(vii) of the MPC provides that any person who paid a fee to a municipality, as stated above, is entitled to a refund if the municipality fails to use the fee paid for the purposes set forth in the MPC within three years from the date such fee was paid. Senate Bill No. 1702, however, proposes to allow a municipality to retain the fee for 10 years if the “retention is necessary for the construction of local recreation facilities and savings for the project must extend beyond the three-year time limit.”
As for the status of Senate Bill No. 1419, it was introduced on February 14, 2012 and referred to local government committee that same day; it remains with the local government committee.