25 Pa. Code § 71.32 - Department responsibility to review and act upon official plans
(a) No official
plan or official plan revision will be considered complete by the Department
unless it contains the information and supporting documentation required by the
Department, including those items required by §
71.31 (relating to municipal
responsibility to review, adopt and implement official plans). If a special
study is submitted in support of an existing official plan, existing official
plan revision or existing update revision, the Department may waive
inapplicable requirements of § 71.31.
(b) Within 120 days after submission of a
complete official plan or official plan revision, with supporting
documentation, the Department will either approve or disapprove the plan or
revision, except as provided in §
71.54(d)
(relating to Department administration of new land development planning
requirements for revisions) for a plan revision for a residential subdivision
plan.
(c) Upon the Department's
failure to act on a complete official plan or revision within 120 days of its
submission, the official plan or official plan revision will be considered
approved, unless the Department informs the municipality prior to the end of
120 days that additional time is necessary to complete its review. The
additional time may not exceed 60 days.
(d) In approving or disapproving an official
plan or official plan revision, the Department will consider:
(1) Whether the plan or revision meets the
requirements of the act, The Clean Streams Law and this part.
(2) Whether the municipality has adequately
considered questions raised in comments, if any, of the appropriate areawide
planning agency, the county or joint county department of health, and the
general public.
(3) Whether the
plan or revision furthers the policies established under section 3 of the act
(35
P. S. §
750.3) and sections 4 and 5 of
The Clean Streams Law (35 P. S. §§
691.4 and
691.5).
(4) Whether the official plan or official
plan revision is able to be implemented.
(5) Whether the official plan or official
plan revision adequately provides for continued operation and maintenance of
the proposed sewage facilities.
(6)
Whether the official plan or official plan revision contains documentation that
inconsistencies identified in §
71.21(a)(5)(i)-(iii)
(relating to content of official plans) have been resolved under §
71.31(e).
(7) If the official plan
or official plan revision includes proposed sewage facilities connected to or
otherwise affecting sewage facilities of other municipalities, whether the
other municipalities have submitted necessary revisions to their plans for
approval by the Department.
(e) If the official plan or official plan
revision is disapproved by the Department, written notice will be given to each
municipality included in the plan, together with a statement of reasons for the
disapproval.
(f) In a municipality
that does not have an official plan, or fails to revise or implement its
official plan as required by an order of the Department or this part the
following apply:
(1) The limitations on the
issuance of permits under §
72.23(a) and (b)
(relating to limitation on onlot system permit issuance) are in
effect.
(2) The Department will not
issue a permit under section 5 of The Clean Streams Law (35 P. S. §
691.5) for projects in those areas of the
municipality for which an official plan, official plan revision or
implementation of an official plan is required.
(3) A supplement or a revision for new land
development will not be denied nor will an exception to the requirement to
revise be found inadequate solely because the municipality in which the new
land development is being proposed has failed to do one of the following:
(i) Submit an update revision or special
study.
(ii) Implement its plan as
required by an order of the Department or this part.
(4) A supplement or revision for new land
development will not be denied, nor will an exception to the requirement to
revise be found inadequate, solely because an update revision or special study
is under review by the Department.
(5) Every contract for the sale of a lot
which is located within an area in which permit limitations are in effect and
which is subject to permit limitations under this chapter shall contain a
statement in the sales contract that clearly indicates to the buyer that sewage
facilities are not available for that lot and that sewage facilities will not
be available. This statement shall also clearly state that construction of any
structure on the lot may not begin until the Department has approved a major
planning requirement, including, but not limited to, a plan update revision or
a special study.
(g) The
limitations on permit issuance contained in §
72.23(a) and (b)
do not apply when the provisions of § 72.23(d) have been met.
Notes
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