§ 71.54. Department administration of new land development planning requirements for revisions.
(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.
Authority 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).
Source The provisions of this § 71.54 adopted August 13, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 28, 1972, effective May 15, 1972, 2 Pa.B. 753; amended September 28, 1973, effective October 15, 1973, 3 Pa.B. 2176; reserved August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended June 9, 1989, effective June 10, 1989, 19 Pa.B. 2429; amended November 1, 1996, effective November 2, 1996, 26 Pa.B. 5347; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (228198) to (228199).
Cross References 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).
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