House Bill Would Exempt Some Subdivisions for Family Members

April 2021Articles

A proposed Pennsylvania law, if adopted, would allow a property owner to subdivide off up to two non-building lots for immediate family members without having to go through the entire subdivision and land development process to do so.

House Bill No. 141 has been proposed as an Amendment to the Pennsylvania Municipalities Planning Code, to exempt from regulation under a subdivision and land development Ordinance, the creation of a non-building lot.

Specifically, this Bill would require municipalities to include provisions in their subdivision and land development Ordinance to allow the creation of up to two non-building lots when presented with a waiver form obtained from the Department of Environmental Protection declaring that there is no present need for sewer disposal facilities on the site and that the completion of sewage facilities planning is not required for two or more non-building lots, so long as the waiver designates that the property is being divided among immediate family members.

This Bill goes on to provide definitions for immediate family member, non-building lot and sewage disposal facilities. 

If you have any questions about this topic, or other land use matters in Pennsylvania or New Jersey, please contact Robert W. Gundlach, Jr. at [email protected] or 215.918.3636.