Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 71 - ADMINISTRATION OF SEWAGE FACILITIES PLANNING PROGRAM › Subchapter B - OFFICIAL PLAN REQUIREMENTS › OFFICIAL PLAN APPROVAL › Section 71.32 - Department responsibility to review and act upon official plans

Current through Register Vol. 54, No. 28, July 13, 2024
(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.