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 71.31 - Municipal responsibility to review, adopt and implement official plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A municipality
						  shall develop and evaluate alternatives in official plans and official plan
						  revisions and shall determine, prior to adopting the plan, which technical and
						  administrative alternatives are proposed to be implemented.
(b) A municipality shall request, review and
						  consider comments by appropriate official planning agencies of a municipality,
						  including a planning agency with areawide jurisdiction if one exists, under the
						  Pennsylvania Municipalities Planning Code (53 P. S. §§
														10101-11202) and the existing county or joint
						  county department of health. Evidence that the official plan has been before
						  these agencies for 60 days without comment is sufficient to satisfy the
						  requirements of this subsection.
(c) A municipality shall submit evidence that
						  documents the publication of the proposed plan adoption action at least once in
						  a newspaper of general circulation in the municipality. The notice shall
						  contain a summary description of the nature, scope and location of the planning
						  area including the antidegradation classification of the receiving water where
						  a discharge to a body of water designated as high quality or exceptional value
						  is proposed and the plan's major recommendations, including a list of the
						  sewage facilities alternatives considered. A 30-day public comment period shall
						  be provided. A copy of written comments received and the municipal response to
						  each comment, shall be submitted to the Department with the plan.
(d) An implementation schedule shall be
						  submitted as part of the official plan. This schedule shall designate the time
						  periods within which the specific phases of the facilities or program will be
						  completed and the methods and sources of financing each phase.
(e) When an official plan or official plan
						  revision identifies a conflict between a proposed alternative and the
						  consistency requirements contained in §
													71.21(a)(5)(i)-(iii)
						  (relating to content of official plans), the municipality shall submit written
						  documentation that the appropriate agency has received, reviewed and concurred
						  with the method proposed to resolve identified inconsistencies.
(f) The municipality shall adopt the official
						  plan by resolution, with specific reference to the alternatives of choice and a
						  commitment to implement the plan within the time limits established in an
						  implementation schedule.
The provisions of this §
															71.31 amended under section 9 of
								the Pennsylvania Sewage Facilities Act (35 P. S. §
																750.9); The Clean Streams Law (35 P. S.
								§§
																691.1-691.1001); and section
								1920-A of The Administrative Code of 1929 (71 P. S. §
																510-20).
This section cited in 25 Pa. Code §
															71.11 (relating to general
								requirement); 25 Pa. Code §
															71.22 (relating to coordination of
								official plans with Federally funded sewage facilities planning); 25 Pa. Code
								§
															71.32 (relating to Department
								responsibility to review and act upon official plans); 25 Pa. Code §
															71.52 (relating to content
								requirements-new land development revisions); and 25 Pa. Code §
															71.53 (relating to municipal
								administration of new land development planning requirements for
								revisions).