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 71.54 - Department administration of new land development planning requirements for revisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						proposed plan revision for new land development will not be approved by the
						Department unless it contains the information and supporting documentation
						required by the act, The Clean Streams Law and regulations promulgated
						thereunder.
(b) A proposed plan
						revision for new land development will not be considered for approval unless
						accompanied by the information required in §
												71.53(d)
						(relating to municipal administration of new land development planning
						requirements for revisions). For the purpose of this section, the Department
						will determine whether a submission for a residential subdivision plan is
						complete in accordance with §
												71.53(d)  within
						10 working days of its receipt by the Department.
(c) When a municipality does not have an
						approved official plan, or fails to revise or implement an official plan when
						required, §§
												71.32(f) and
						72.23(a) and (b)
						(relating to Department responsibility to review and act upon official plans;
						and limitations on onlot systems permit issuance) apply.
(d) Within 120 days after the Department has
						determined that a proposed plan revision and documentation is complete, the
						Department will approve or disapprove the proposed plan revision, except that
						the Department will approve or disapprove revisions for residential subdivision
						plans within 60 days from the date the Department determines a submission is
						complete.
(e) Upon the Department's
						failure to act upon a proposed plan revision within 120 days of its submission,
						the proposed plan revision shall be deemed to have been approved, unless the
						Department informs the municipality prior to the end of the 120-day period that
						an extension of time is necessary to complete review. The additional time will
						not exceed 60 days.
(f) In
						approving or disapproving an official plan or revision, the Department will
						consider the requirements of § 71.32(d).
(g) When an official plan revision for new
						land development is disapproved by the Department, written notice will be given
						to each municipality included in the plan revision, with a statement of reasons
						for the disapproval.
The provisions of this §
														71.54 amended under sections
							 7.2 and 9 of the Pennsylvania
							 Sewage Facilities Act (35 P. S. §§
															750.7b and
							 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 §
														71.32 (relating to Department
							 responsibility to review and act upon official plans); and 25 Pa. Code §
														71.59 (relating to delegated
							 agency administration of new land development planning
							 requirements).