25 Pa. Code § 85.43 - Department review of implementation and administration of municipal setback ordinance and regulations
(a) The
Department will review the implementation and administration of the municipal
bluff setback ordinance and regulations at least once a year to assure
coordinated and consistent enforcement of its bluff setback ordinance and
regulations. The review will occur on a date and location mutually agreed upon
by the representative of the Department and the appropriate municipal
officials.
(b) If the Department
finds that a municipality has failed to implement and enforce in a consistent
and effective manner the bluff setback ordinance and regulations required by
the act and this chapter, then the municipality shall be subject to the
sanctions provided in the act. The municipality will be deemed to have
implemented and enforced in a consistent and effective manner the bluff setback
ordinance and regulations when in any area designated as having a bluff
recession hazard no person shall have constructed, installed, or engaged in a
substantial improvement to any structure, or any utility facility in violation
of the bluff setback requirements established under the act and this
chapter.
(c) When the Department
finds that a municipality has failed to implement and enforce the bluff setback
ordinance and regulations as required by subsection (b), the Department will,
as it deems necessary, conduct additional reviews of the implementation and
enforcement of the bluff setback ordinance and regulations of the municipality
to ensure that the appropriate changes have been made which assure coordinated,
consistent, and effective enforcement of the municipal ordinance and
regulations.
Notes
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