Over the past several years the development community has had a sense of security with respect to the expiration of development permits and approvals as a result of the Pennsylvania Development Permit Extension Act (“Act”). While the Act effectively extended municipal land use approvals during the Great Recession, the time frames for reliance on the Act are beginning to come to a close. The “Extension Period” under the Act expires on July 2, 2016.
Depending on when a permit or approval was originally approved or was in effect, said approvals or permit may be extended beyond the July 2, 2016 date based on Act No. 31 of 2015, which clarified that those permits or approvals granted or in effect during the period after December 31, 2008 and before July 2, 2013 were suspended during the Extension Period. While enactment of Act No. 31 of 2015 was intended to clarify that all permits and approvals protected by the Act were not intended to expire in July of 2016, there have been differing legal opinions as to how to calculate the extended time period. Suffice it to say, some municipal attorneys have taken the position that all extended permits will terminate on July 1, 2016. We do not agree with that interpretation but if you are presently relying on a permit approval which has benefited from the Act, you should contact us to discuss further. We recommend that you examine your permits and approvals closely to determine when they will expire.
If you have any questions regarding the Development Permit Extension Act or would like our assistance with the applicability of it to your entitlements, please don’t hesitate to call the attorney you were (are) working with at the firm or you may call me directly at 610-458-4400.