Courtesy of the Pennsylvania Builders Association Government Affairs Department. Originally published in the Fall 2016 issue of Lancaster Builder newsletter.The Development Permit Extension Act was originally enacted in July 2010, and amended in July 2012, and July 2013, to extend government approvals for a broad range of development permits and authorizations until July 2, 2016. Certain real estate development related permits, approvals and authorizations, including building and other construction permits that were set to expire after December 31, 2008, were valid until July 1, 2016 when tolling began.On July 2, 2016 the automatic tolling (or freeze of the running of the duration of the permit) of the expiration date of permits or approvals will end and the expiration clock began to run again under the Permit Extension Act. This includes any covered permit or approval that would have otherwise expired at any time during the period from January 1, 2009 through July 1, 2013. For permits or approvals granted on or between January 1, 2009 and July 2, 2013, the running time is suspended from the date of approval - the clock started counting "day one" on July 2, 2016. The below information is provided to help PBA members navigate the Permit Extension Act deadlines and tolling timelines. We recommend members contact their professional service providers (Engineers and Attorneys) to ascertain the amount of time left on covered permits or approvals. Each situation will be different and only your professional representative will be able to provide the best course of action for your individual situation.FAQ's: Development Permit Extension ActWhat is Act 54 of 2013?Act 54 amended the Permit Extension Act, which tolls certain building permits and government approvals that were issued prior to December 31, 2008 and would have expired on or between January 1, 2009 and July 2, 2013. Act 54 extended the time of the extension for those permits or approvals until July 2, 2016. What does "tolling" mean?Tolling is a "time-out" of any calendar calculations without a penalty attached. In the context of building permits or other covered approvals, this means the running of the time period of the permit or approval was automatically suspended until July 1, 2016. On July 2, 2016, the time the permit or approval began again. This "time-out" effectively extends the expiration date of the permit or approval.How does this affect my permits or approvals?For permits or approvals granted on or prior to December 31, 2008, and with an expiration date on or between January 1, 2009 and July 2, 2013, the permit is tolled as of January 1, 2009. On July 2, 2016, the tolling will end, and the remaining period of the approved permit will begin to run.For example: ACME Construction is granted a permit on July 1, 2008. The permit is good for three years and is set to expire on July 1, 2011. Under the Permit Extension Act, 6 months of the permit will run, until January 1, 2009, when the tolling period begins. On July 2, 2016, the tolling period ended, and the remaining 2.5 years left on the permit began to run. The permit will now expire on January 2, 2019.For permits or approvals granted on or between January 1, 2009 and July 2, 2013, the permit is tolled as of the date of issuance. On July 2, 2016, the tolling period ended, and the remaining period of the approved permit will begin to run.For example: ACME Construction is granted a permit on July 1, 2011. The permit is good for 3 years, and is set to expire on July 1, 2014. Under the Permit Act, the tolling period will begin on July 1, 2011. On July 2, 2016, the tolling period ended, and the 3 year time period on the permit began to run. The permit will now expire July 2, 2019.Permits or approvals granted after July 2, 2013, are not included in the Permit Extension Act and the permit will not be tolled.For example: ACME Construction is granted a permit on July 1, 2014. The permit is good for 3 years, and is set to expire on July 1, 2017. Under the Permit Extension Act, there is no tolling period, since the permit was approved after July 2, 2013. The permit will expire on July 1, 2017.What types of permits and approvals were extended?Historical and Museum approval; Municipal building code approval; Condominium associations approval; Co-operative approval; Planned community or home owners association approval; Land development approvals issued by Second Class cities, Third Class cities, First Class townships, Second Class townships, counties (except Philadelphia), and boroughs; DEP water quality permit, sewage planning facilities approval (Act 537), floodplain management approval (Ch. 106), stormwater management approval (Ch. 102, NOT including EPA NPDES permits), soil erosion and sediment control plan approval (Ch. 102), dam safety and encroachment approval (Ch. 105); Blighted property tax exemption approval (Act 34 of 1971); PennDOT Highway Occupancy Permit (HOP); Conservation or preservation easement approvalWhat development-related activities are addressed by the Permit Extension Act?Land division/subdivision; construction or alteration of a structure; site preparation; change in use of a structure or land; land development; demolition or relocation of a structure; and any authorization to create additional units and common elements out of convertible real estate in a condominium or planned community or otherwise relating to the right to convert convertible real estate or withdrawal withdrawable real estate under the Planned Communities Act or Condominium Act.What types of permits were NOT addressed in the Permit Extension Act?NPDES permits; Army Corps Section 404 Clean Water Act permit; National Environmental Policy Act (NEPA) permit; Federal Endangered Species (FWS) approval; Other approvals issued to comply to with Federal law; Consent orders or enforcement actions; Keystone Opportunity Zone expansion; PA One Call determination; Revocation for cause of an approval; All PennDOT permits not relating to occupancy; Permits issued by DEP related to waterways that have been designated protected (HQ and EV) subsequent to permit approval; Special Declarant Rights Water or sewer capacity permit if based on insufficient capacity of system.How can I be sure my permit/approval is valid?Permit holders may seek written verification from the issuing authority for existence of a valid approval or expiration date of the approval pursuant to the Permit Extension Act.The Permit Act requires a written response from the issuing authority within 30 days, and failure to respond is deemed an affirmation of the expiration date set forth in the request. Issuing authorities may charge $100 for verification of a residential permit and $500 for verification of a commercial permit.Can the issuing authority require a charge for the extended approval?Yes, government agencies that issued the original approval may charge up to 25% of the original application fee to extend the approval. In no event may the fee exceed $5,000.This message is designed to provide accurate information regarding the subject matter covered. PBA has made every reasonable attempt to ensure the accuracy and reliability of the information provided. Nevertheless, this document should not be construed as legal or business advice. It is provided with the understanding that the author is not engaged in rendering legal advice or counsel. If legal advice or other expert assistance is required, we strongly recommend that you retain the services of an attorney or other professional with applicable expertise and experience. PBA expressly disclaims any responsibility for the accuracy, content completeness, legality, or reliability of the information contained in this document.
