Legislative Update in Pennsylvania

December 2012Articles In the Zone

House Bill No. 2365 proposes to amend the Pennsylvania Municipalities Planning Code (MPC) by revising Section 508 of the MPC regarding the approval of plats. A plat is defined by the MPC to mean “the map or plan of a subdivision or land development, whether preliminary or final."

The proposed legislation, in pertinent part, would add additional requirements regarding the approval of a plat. The proposed legislation would add the following provisions: "(8) No plat shall be finally approved unless the plat contains a notice from the design consultant stating that: (i) the design consultant has been properly compensated for the creation of the development plan; and (ii) the provisions of the development plan have been released for use by the municipality and any applicable regulatory agency."

The proposed legislation is interesting as it would require that a design consultant both confirm that it has been paid and that the development plan has been released for use by the municipality and any applicable regulatory agency before a plat can be recorded.

As for the status of House Bill No. 2365, shortly after it was introduced, it was referred to the local government committee, where it remains.