(a) A
municipality does not have to revise its official plan when the Department
determines that the proposal is for the use of individual onlot sewage systems
serving detached single family dwelling units in a subdivision of ten lots or
less and the following apply:
(1) The
proposal, in addition to the existing or proposed subdivision of which it is a
part, will not exceed ten lots.
(2)
The subdivision has been determined to have soils and site conditions which are
generally suitable for onlot sewage disposal systems under §
71.62 (relating to individual and
community onlot sewage systems).
(3) For the purposes of determining whether a
proposal qualifies for an exception under this section, the enumeration of lots
shall include only lots created after May 15, 1972.
(4) The proposal is consistent with the
requirements of §
71.21(a)(5)(iii)
(relating to content of official plans).
(b) Documentation supporting a request for
exception under this section shall be submitted to the Department using the
Department's sewage facilities planning module and shall include:
(1) A statement by the governing body of the
municipality acknowledging that they and an existing municipal planning or
zoning agency, or both, have reviewed the proposal and found it to be
consistent with the municipality's official plan.
(2) Evidence of review by the municipality's
sewage enforcement officer.
(c) The municipality shall review sewage
facilities planning modules upon receipt. If appropriate documentation and
comments required by subsection (b) were not included in the planning module,
the municipality shall forward a copy of the sewage facilities planning module
to the sewage enforcement officer and appropriate planning or zoning agency
within 10 days of receipt. The municipality shall review and act upon an
application for an exception to the requirement to revise an official plan
within 60 days of receipt of a complete sewage facilities planning module or
additional time that the applicant and municipality may agree to in writing.
Failure of the municipality to act within the 60-day period or an agreed-to
time extension shall cause the application for the exception to the requirement
to revise to be deemed approved by the municipality and the complete
application shall then be submitted to the Department by the municipality or
the applicant. Documentation of the period of time the application for the
exception to the requirement to revise was in possession of the municipality
shall be in the form of a completeness checklist signed by a municipal official
confirming that the requirements of subsections (a) and (b) have been
met.
(d) The Department may act on
requests for exceptions to the requirement to revise official plans within 30
days of the Department's receipt of the properly completed and submitted
components of the Department's sewage facilities planning module, and proper
written documentation. If the Department fails to act within the 30-day period,
the exception to the requirement to revise the official plan shall be deemed to
be applicable.