Development freeze considered by PA House

Siptroth supports the measure

By TOM KANE

HARRISBURG, PA - Unlike New York state, Pennsylvania municipalities do not have the power of establishing moratoriums in the face of growing development.

That may change.

Legislation is slowly passing through the Pennsylvania House that will grant that power to municipalities.

“We’re very much in favor of this legislation and have been trying to get it passed for a number of years,” said Holly Fishel, director of research for the Pennsylvania State Association of Township Supervisors (PSATS). “This is the farthest that it has gone.”

A few years ago, the Pennsylvania Supreme Court ruled that under current state law there is no power to call a temporary moratorium on development, she said.

Contrarily, New York State has long given municipalities the moratorium power in the face of growing development under certain conditions.

The Pennsylvania bill, HB-904, has been approved by the House Local Government Committee and is now being passed on to the House Appropriations Committee.

“Legislation is routinely passed to two committees before it goes to the full floor for a vote,” Fishel said.

State representative John Siptroth, D-Monroe/Pike, a member of the Local Government Committee, has voted in favor of the legislation.

“It is not a means to stop or slow down development permanently,” he said. “It’s a way to give local governments the ability to create or examine existing zoning.”

The bill’s author, representative Robert Freeman, D-Northhampton, said the “time out” on development would allow local officials to enact ordinances to better manage growth.

The bill, if it becomes law, would allow townships and boroughs to suspend the acceptance of development plans for up to a year or up to 18 months.

The bill also has the provision to allow developers to get a waiver if their type of development falls outside the parts of the municipal ordinances being examined.