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 › GENERAL › Section 71.14 - Private request to revise official plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person who is a resident or legal or
						  equitable property owner in a municipality may file a private request with the
						  Department requesting that the Department order the municipality to revise or
						  implement its official plan if the resident or property owner can show that the
						  official plan is not being implemented or is inadequate to meet the resident's
						  or property owner's sewage disposal needs. This request may be made only after
						  a prior written demand upon and written refusal by the municipality to so
						  implement or revise its official plan or failure of the municipality to reply
						  in either the affirmative or negative within 60 days or, failure of the
						  municipality to implement its official plan within the time limits established
						  in the plan's implementation schedule or failure to revise its official plan
						  within the time limits established in this chapter. The request to the
						  Department shall contain a description of the area of the municipality in
						  question and a list of reasons that the plan is believed to be inadequate. The
						  person shall notify the municipality, official planning agency within the
						  municipality and planning commission with areawide jurisdiction in writing of
						  the filing of the request with the Department at the same time notice is sent
						  to the Department. This notification shall include a copy of the documentation
						  supporting the private request which was submitted to the Department.
(b) Private requests to revise an official
						  plan shall contain evidence that the municipality has refused in writing to
						  revise its plan, is not implementing its plan or has failed to act within the
						  time limits established in §
													71.13(a) 
						  (relating to Department responsibility to require official plan revisions) for
						  plan updates or §
													71.53(b)
						  (relating to municipal administration of new land development planning
						  requirements for revisions) for new land developments.
(c) Upon receipt of a private request for
						  revision, the Department will notify the municipality and appropriate official
						  planning agencies within the 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 of receipt of the private request and will inform
						  them that written comments shall be submitted to the Department within 45 days
						  after the Department's receipt of the private request for revision.
(d) In arriving at its decision, the
						  Department will consider the following:
(1)
						  The reasons advanced by the requesting person.
(2) The reasons for denial advanced by the
						  municipality.
(3) Comments
						  submitted under this section.
(4)
						  Whether the proposed sewage facilities and documentation supporting the
						  proposed sewage facilities are consistent with this part.
(5) The existing official plan developed
						  under this chapter.