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 C - NEW LAND DEVELOPMENT PLAN REVISIONS › Section 71.53 - Municipal administration of new land development planning requirements for revisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is
						the responsibility of the municipality to act upon revisions for new land
						development. If the new land development is requested by a private developer,
						the developer or his agent may complete the Department's sewage facilities
						planning module and submit it to the municipality for action.
(b) The municipality shall review sewage
						facilities planning modules upon receipt and, if appropriate comments or
						documents have not been received under subsections (d)(2), (3) and (5), shall
						forward a copy of the sewage facilities planning modules to the sewage
						enforcement officer, owner of receiving sewerage facilities and appropriate
						planning or zoning agencies within 10 days of receipt. The municipality shall
						determine if the submittal of the sewage facilities planning module is complete
						within 10 working days of the receipt of comments from the sewage enforcement
						officer and appropriate planning or zoning agencies. The municipality shall
						review and act upon a complete sewage facilities planning module proposing a
						revision for new land development within 60 days of receipt or additional time
						as the applicant and municipality may agree to in writing. Failure of the
						municipality to act within the 60-day period or an agreed-to extension will
						cause the revision for new land development to be deemed approved by the
						municipality and the complete sewage facilities planning module shall be
						submitted to the Department by the municipality or applicant. Documentation of
						the period of time the revision was in possession of the municipality shall be
						in the form of a completeness checklist signed by an official of the
						municipality confirming that the requirements of subsection (d) have been
						met.
(c) Municipal action shall
						take the form of adopting, adopting with modifications or refusing to adopt the
						proposal as a revision to the municipality's official plan.
(d) For the purposes of this section, no plan
						revision for new land development will be considered complete unless it
						includes the following:
(1) The information
						contained in §
													71.52 (relating to content
						requirements-new land development revisions) and the Department's sewage
						facilities planning module.
(2)
						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 sewage facilities planning
						module has been before these agencies for 60 days without comment shall be
						sufficient to satisfy this paragraph.
(3) A written commitment from the owner of
						the receiving community sewerage facilities to provide service to the proposed
						new land development and the conditions for providing the services.
(4) Documentation that the proposal is
						consistent with the requirements of §
													71.21(a)(5)(i)(A), (B), (E) and (I)
						 (relating to content of official plans) or
						that inconsistencies have been resolved under §
													71.31(e)
						(relating to municipal responsibility to review, adopt and implement official
						plans).
(5) A statement from the
						sewage enforcement officer for the local agency having jurisdiction for
						individual or community onlot sewage systems in the area where onlot systems
						are proposed commenting on:
(i) General site
						suitability for system usage.
(ii)
						The sewage enforcement officer shall have 20 days from receipt of a sewage
						facilities planning module from the municipality to provide these comments,
						which shall be based upon onsite verification of soil tests, general site
						conditions and other generally available soils information. Evidence that the
						sewage enforcement officer has been in receipt of the sewage facilities
						planning module for 20 days without commenting is sufficient to satisfy this
						subsection.
(6) Evidence
						documenting newspaper publication. The newspaper publication may be provided by
						the applicant or the applicant's agent, the municipality or the local agency by
						publication in a newspaper of general circulation within the municipality
						affected. When an applicant or an applicant's agent provides the required
						notice for publication, the applicant or applicant's agent shall notify the
						municipality or local agency and the municipality and local agency will be
						relieved of the obligation to publish. The newspaper notice shall notify the
						public where the plan is available for review and indicate that all comments
						regarding the proposal shall be sent to the municipality within which the new
						land development is proposed. The newspaper publication shall meet the
						requirement of §
													71.31(c) and
						provide notice of the proposed plan adoption action when the proposal involves
						one of the following:
(i) Construction of a
						sewage treatment facility.
(ii) A
						change in the flow at a sewage treatment facility of greater than 50,000
						gpd.
(iii) Will result in a public
						expenditure in excess of $100,000 for the sewage facilities portion of a
						project.
(iv) Will lead to a major
						modification of the existing municipal administrative organization or the
						establishment of new administrative organizations within the municipal
						government.
(v) A subdivision of 50
						lots or more.
(vi) A major change
						in established growth projections.
(vii) A different land use pattern than that
						established in the official sewage plan.
(viii) The use of large volume onlot sewage
						systems.
(ix) Resolution of a
						conflict between the proposed alternative and the consistency requirements
						contained in § 71.21(a)(5)(i)-(iii).
(x) The sewage facilities are proposed to
						discharge into high quality or exceptional value waters.