Subchapter C. NEW LAND DEVELOPMENT
PLAN REVISIONS
Sec.
71.51. General.
71.52. Content requirements—new land development revisions.
71.53. Municipal administration of new land development planning requirements for revisions.
71.54. Department administration of new land development planning requirements for revisions.
71.55. Exceptions to the requirement to revise the official plan for new landdevelopment.
71.56. [Reserved].
71.57. [Reserved].
71.58. Delegation of new land development planning.
71.59. Delegated agency administration of new land development planningrequirements.
Cross References This section cited in 25 Pa. Code § 71.3 (relating to purposes); 25 Pa. Code § 71.11 (relating to general requirement); 25 Pa. Code § 71.63 (relating to retaining tanks); 25 Pa. Code § 71.64 (relating to small flow treatment facilities); 25 Pa. Code § 71.65 (relating to individual and community sewerage systems); and 25 Pa. Code § 71.71 (relating to general requirements).
§ 71.51. General.
(a) A municipality shall revise its official plan when:
(1) A new subdivision is proposed, except as provided by § 71.55 (relating to exceptions to the requirement to revise the official plan for new land development) or subsection (b).
(2) The official plan, or its parts, is inadequate to meet the sewage needs of the new land development.
(3) Newly discovered or changed facts, conditions or circumstances make the plan inadequate to meet the sewage needs of new land developments.
(4) A permit is required from the Department under section 5 of The Clean Streams Law (35 P. S. § 691.5).
(b) Except for new land developments proposing the use of retaining tanks, exemptions from sewage facilities planning for new land development will be processed as follows:
(1) Revisions for new land development, exceptions to the requirement to revise and supplements are not required, and permits for onlot systems using a soil absorption area or a spray field may be issued without this planning, when the Department or, in the case of supplements, a delegated agency determines that the following have been met:
(i) The official plan shows that those areas of the municipality are to be served by onlot sewage disposal facilities using a soil absorption area or a spray field as confirmed by signature of the municipal officials.
(ii) The area proposed for the use of individual or community sewage systems is not underlain by carbonate geology nor is this area within 1/4 mile of water supplies documented to exceed 5 PPM nitrate-nitrogen as confirmed by the Department from a USGS geology map or sampling data.
(iii) The area proposed for development is outside of high quality or exceptional value watersheds established under the regulations and policies promulgated under The Clean Streams Law as confirmed by the Department from the location of the new land development on a USGS topographic quadrangle map.
(iv) Subdivided lots and the remaining portion of the original tract after subdivision are 1 acre or larger as confirmed by signature of the applicant.
(v) Complete soils testing and site evaluation establish that separate sites are available for both a permittable primary soil absorption area or spray field and a replacement soil absorption area or spray field on each lot of the subdivision as confirmed by a signed report of the sewage enforcement officer serving the municipality in which the new land development is proposed. The local agency or municipality may require deed restrictions or take other actions it deems necessary to protect the replacement soil absorption area or spray field from damage which would make it unsuitable for future use.
(2) Revisions for new land development and supplements are not required for subdivisions proposing a connection to or an extension of public sewers when all of the following have been met:
(i) The Department or delegated agency determines that existing collection, conveyance and treatment facilities are in compliance with The Clean Streams Law and the rules and regulations thereunder.
(ii) The Department or delegated agency determines that the permittees of the receiving sewerage facilities have submitted information under Chapter 94 (relating to municipal wasteload management) which documents that the existing collection, conveyance and treatment system does not have an existing hydraulic or organic overload or 5-year projected overload.
(iii) The applicant has provided written certification from the permittees of the collection, conveyance and treatment facilities to the municipality in which the subdivision is located and the Department or delegated agency with jurisdiction over the municipality in which the subdivision is located that there is capacity to receive and treat the sewage flows from the applicant’s proposed new land development and that the additional wasteload from the proposed new land development will not create a hydraulic or organic overload or 5-year projected overload.
(iv) The municipality has a current approved sewage facilities plan update revision which is being implemented. For the purposes of exempting a subdivision from completing sewage facilities planning under this section, the phrase ‘‘a current approved sewage facilities plan update revision which is being implemented’’ shall include official plans of municipalities which are not under an order from the Department to submit an update revision or special study for the area in which the subdivision is proposed.
(3) The Department will provide delegated agencies sufficient information to make the required determinations under paragraphs (1)(ii) and (iii), (2)(i), (ii) and (iv). When the determination under paragraph (1) or (2) is made by a delegated agency, that agency shall submit to the Department quarterly reports which include the names of the subdivisions, location of the subdivisions, number of lots and projected sewage flows for each subdivision exempted from the planning provisions under this subsection.
(4) Information in support of a request for a sewage facilities planning exemption under this section shall be submitted on a form provided by the Department.
(5) This subsection does not apply to new land development proposals intended to be served by sewage facilities which require or which must apply for a new or modified permit from the Department under The Clean Streams Law.
Authority The provisions of this § 71.51 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).
Source The provisions of this § 71.51 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; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended February 28, 1975, effective March 17, 1975, 5 Pa.B. 374; amended June 9, 1989, effective June 10, 1989, 19 Pa.B. 2429; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (206578) to (206579).
Notes of Decisions Cease and Desist
The issuance of a cease and desist order to restrain violation of this section is unauthorized when it was not proved that an addition to a mobile home park and the installation of an on-lot sewage disposal system created an unsanitary condition or nuisance. Commonwealth v. Trask, 71 Pa. D. & C.2d 203 (1974).
Holding Tank
When a permit for a septic tank system was revoked while the service station was under construction and the applicant was informed that a holding tank was the only available system, the requirement that there be an official plan providing for holding tanks at the site of the applicant and an ordinance providing for maintenance unreasonably deprives the applicant of the use of his property. Shell Oil Co. v. Bucks County Department of Health, 73 Pa. D. & C.2d 91 (1975).
Although there is no authority in the Sewage Facilities Act to condition the granting of an individual sewage system upon compliance with the provisions of 25 Pa. Code § 71.51 (relating to restrictions on use). The Clean Streams Law authorizes the adoption of reasonable restrictions on the use of holding tanks for sewage. Shell Oil Co. v. Bucks County Department of Health, 73 Pa. D. & C.2d 91 (1975).
Since a privy is a type of holding tank which cannot be distinguished on the basis that it does not receive waste water and does not require the kind of authorization or servicing necessary for holding tanks, a permit for a privy should be denied where water pressure is available and there is no official municipal sewerage facilities plan that would allow a privy on the property of the applicant. Brooks v. Upper Frederick Township, 68 Pa. D. & C.2d 509 (Pa. Environ. H. Bd. 1975).
Cross References This section cited in 25 Pa. Code § 71.83 (relating to Department fees); and 25 Pa. Code § 72.23 (relating to limitation on onlot system permit issuance).
§ 71.52. Content requirements—new land development revisions.
(a) An official plan revision for new land development shall be submitted to the Department in the form of a completed sewage facilities planning module provided by the Department and shall include, but not be limited to, the following information:
(1) The nature of the proposal, including:
(i) Type of facilities to be served, density of proposed development and whether the development is residential, commercial or industrial.
(ii) Number of lots including equivalent dwelling units.
(iii) Anticipated sewage flow from the proposed development. For individual or community sewerage systems, the flows shall be based on gauged flows or the flows contained in the Department’s Sewerage Manual. A copy of the manual may be obtained from the Department’s Bureau of Water Supply and Wastewater Management. For individual or community onlot sewage systems, the flows shall be consistent with § § 73.16 and 73.17 (relating to absorption area requirements; and sewage flows).
(iv) Anticipated raw waste characteristics of the sewage.
(v) Type of sewage facilities proposed, including collection, treatment and disposal methods.
(vi) Description of required operation and maintenance activities required by Subchapter E (relating to sewage management programs).
(vii) Designation of the person responsible for operation and maintenance activities and the legal and financial arrangements necessary for assumption of this responsibility.
(2) The relationship of the proposed development to existing sewage needs, proposed sewage facilities and sewage management programs in an area delineated by the municipality, including identification of:
(i) The areas included in, and adjacent to, the project which are in need of improved sewage facilities.
(ii) Existing and proposed sewage facilities for remaining acreage or delineated lots not included in the project.
(iii) Existing sewage facilities and sewage management programs in the area.
(iv) Other proposed sewage facilities and sewage management programs—public and private—in the area.
(v) The method for integrating the proposal into the comprehensive sewage program in the area as reflected in the approved official plan.
(3) An analysis of technically available sewage facilities alternatives identified by the municipality and additional alternatives identified by the Department, including whether each alternative:
(i) Meets the technical requirements of this part.
(ii) Is consistent with local and areawide comprehensive water quality management plans for the area.
(iii) Is consistent with sewage planning policies and decisions of the municipality.
(iv) Is consistent with the municipalities’ comprehensive land use plan for the area.
(v) Incorporates and is consistent with the requirements of § § 71.21 and 71.31 (relating to content of official plans; and municipal responsibility to review, adopt and implement official plans).
(4) Selection of an alternative which adequately addresses both the present and future sewage needs of the proposal, through identification and evaluation of:
(i) Interim facilities.
(ii) Replacement facilities.
(iii) Ultimate facilities.
(iv) Operation and maintenance activities and requirements.
(5) Selection of an alternative which assures the continued operation and maintenance of the selected sewage facilities through evaluation and identification of the following:
(i) Sewage management program requirements.
(ii) Administrative capability for continued operation and maintenance.
(6) Documentation of whether or not it may be implemented including:
(i) Agreements with sewer authorities, water authorities or other persons to provide services necessary for implementation of the plan.
(ii) Designation of the institutional arrangements necessary for implementation of the plan.
(b) The Department may require additional information which is necessary for adequate review of the proposal.
Source The provisions of this § 71.52 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; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended June 9, 1989, effective June 10, 1989, 19 Pa.B. 2429. Immediately preceding text appears at serial page (125969).
Notes of Decisions Cease and Desist
The issuance of a cease and desist order to restrain violation of this section is unauthorized where it was not proved that an addition to a mobile home park and the installation of an onlot sewage disposal system created an unsanitary condition or nuisance. Commonwealth v. Trask, 71 Pa. D. & C.2d 203 (1974).
Cross References This section in 25 Pa. Code § 71.53 (relating to municipal administration of new land development planning requirements for revisions); and 25 Pa. Code § 71.61 (relating to general).
§ 71.53. Municipal administration of new land development planning requirements for revisions.
(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.
(e) Since it is the responsibility of the municipality to implement the provisions of official plan revisions, when reviewing a proposed plan revision the municipality shall consider the information requested in subsection (d) and whether the proposed plan revision is consistent with established municipal goals and capabilities.
(f) A municipality may refuse to adopt a proposed revision to its official plan for new land development for the following reasons, including, but not limited to:
(1) The plan is not technically or administratively able to be implemented.
(2) Present and future sewage disposal needs of the area, remaining acreage or delineated lots are not adequately addressed.
(3) The plan is not consistent with municipal land use plans and ordinances, subdivision ordinances or other ordinances or plans for controlling land use or development.
(4) The plan is not consistent with the comprehensive sewage program of the municipality as contained in the official plan.
(5) The plan does not meet the consistency requirements of § 71.21(a)(5)(i)—(iii).
(g) Whenever a municipality refuses to adopt a proposed revision to the official plan, it shall state the reasons for the refusal and forward a copy of this statement to the person making the submission, and to the Department.
(h) Upon adoption of the proposed revision to the official plan, the municipality shall forward the proposed revision to the Department with the information required in § 71.52 and subsection (d) for review. Adoption of the proposed revision to the official plan shall be by resolution of the municipality.
Authority The provisions of this § 71.53 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).
Source The provisioins of this § 71.53 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 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (206581) to (206582) and (228197).
Cross References This section cited in 25 Pa. Code § 71.14 (relating to private request to revise official plans); 25 Pa. Code § 71.54 (relating to Department administration of new land development requirements for revisions); and 25 Pa. Code § 93.4c (relating to implementation of antidegradation requirements).
§ 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).
§ 71.55. Exceptions to the requirement to revise the official plan for new land development.
(a) A municipality does not have to revise its official plan when the Department determines that the proposal is for the use of individual onlot sewage systems serving detached single family dwelling units in a subdivision of ten lots or less and the following apply:
(1) The proposal, in addition to the existing or proposed subdivision of which it is a part, will not exceed ten lots.
(2) The subdivision has been determined to have soils and site conditions which are generally suitable for onlot sewage disposal systems under § 71.62 (relating to individual and community onlot sewage systems).
(3) For the purposes of determining whether a proposal qualifies for an exception under this section, the enumeration of lots shall include only lots created after May 15, 1972.
(4) The proposal is consistent with the requirements of § 71.21(a)(5)(iii) (relating to content of official plans).
(b) Documentation supporting a request for exception under this section shall be submitted to the Department using the Department’s sewage facilities planning module and shall include:
(1) A statement by the governing body of the municipality acknowledging that they and an existing municipal planning or zoning agency, or both, have reviewed the proposal and found it to be consistent with the municipality’s official plan.
(2) Evidence of review by the municipality’s sewage enforcement officer.
(c) The municipality shall review sewage facilities planning modules upon receipt. If appropriate documentation and comments required by subsection (b) were not included in the planning module, the municipality shall forward a copy of the sewage facilities planning module to the sewage enforcement officer and appropriate planning or zoning agency within 10 days of receipt. The municipality shall review and act upon an application for an exception to the requirement to revise an official plan within 60 days of receipt of a complete sewage facilities planning module or additional time that the applicant and municipality may agree to in writing. Failure of the municipality to act within the 60-day period or an agreed-to time extension shall cause the application for the exception to the requirement to revise to be deemed approved by the municipality and the complete application shall then be submitted to the Department by the municipality or the applicant. Documentation of the period of time the application for the exception to the requirement to revise was in possession of the municipality shall be in the form of a completeness checklist signed by a municipal official confirming that the requirements of subsections (a) and (b) have been met.
(d) The Department may act on requests for exceptions to the requirement to revise official plans within 30 days of the Department’s receipt of the properly completed and submitted components of the Department’s sewage facilities planning module, and proper written documentation. If the Department fails to act within the 30-day period, the exception to the requirement to revise the official plan shall be deemed to be applicable.
Authority The provisions of this § 71.55 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).
Source The provisions of this § 71.55 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 7, 1997, effective November 28, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (228199) to (228200).
Cross References This section cited in 25 Pa. Code § 71.1 (relating to definitions); 25 Pa. Code § 71.51 (relating to general); 25 Pa. Code § 71.59 (relating to delegated agency administration of new land development planning requirements); 25 Pa. Code § 71.83 (relating to Department fees); and 25 Pa. Code § 72.1 (relating to definitions).
§ 71.56. [Reserved].
Source The provisions of this § 71.56 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. Immediately preceding text appears at serial page (12833).
§ 71.57. [Reserved].
Source The provisions of this § 71.23 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. Immediately preceding text appears at serial page (12835).
§ 71.58. Delegation of new land development planning.
(a) The Department may, by agreement, delegate to a local agency, multimunicipal local agency or county or joint county department of health the power and duty to require the submittal of and review, and to approve or disapprove sewage facilities planning modules for new land development which are submitted on planning module forms and other documents provided by the Department. Additionally, the following apply:
(1) Sewage facilities planning modules approved by a delegated agency under this section do not constitute a revision or exception to the requirement to revise under this chapter but shall be a supplement to the official sewage facilities plan.
(2) Delegated agencies may assess fees for the review of supplements under this section. Fees received under this section shall be used solely for the purpose of administering the delegated powers and duties related to the new land development planning provisions of this section.
(3) The Department may limit the review of supplements in the delegation agreements to specific classifications of sewage facilities or new land developments.
(4) When delegation is requested, § 72.44(c) and (d) (relating to reimbursement) shall be met as a prerequisite to the delegation.
(5) Delegation of the review and approval of supplements for new land development may be granted by the Department if the local agency or county or joint county department of health has adequately documented the following to the Department:
(i) The municipalities or counties to be included in the delegation agreement have municipal or countywide subdivision and land development ordinances in effect under the Pennsylvania Municipalities Planning Code (53 P. S. § § 10101—11202).
(ii) The municipalities to be included in the delegation agreement have a current official sewage facilities plan which is being implemented in accordance with the content of the plan’s implementation schedule and the provisions of the act, The Clean Streams Law and this part. For the purposes of determining qualifications for delegation under this section, the phrase ‘‘current official sewage facilities plan which is being implemented’’ shall include official plans of municipalities which are not under an order from the Department to submit an update revision or special study for the area in which the subdivision is proposed.
(iii) The municipalities or counties to be included in the delegation agreement have municipal or countywide subdivision and land development ordinances in effect which require one of the following:
(A) Sewage facilities planning approval as a condition attached to final plat approval under the Pennsylvania Municipalities Planning Code.
(B) Documentation that sewage facilities planning is not required under this part.
(iv) When delegation is requested for the review of new land developments proposing the use of public sewerage facilities which do not require a new or modified permit under The Clean Streams Law, the delegation agreement includes coordination procedures to be used with the Department to assure continued compliance with the municipal wasteload management provisions of The Clean Streams Law.
(v) The local agency and any sewage enforcement officer employed by the local agency serving the municipalities to be included in the delegation agreement have not been issued a notice of violation or order by the Department for a violation of the act or the rules and regulations thereunder for the prior 3 years as determined by the Department.
(vi) A workload analysis is completed by the entity requesting delegation which analyzes the volume of work anticipated and the staffing and support resources needed to administer the program and documents that the fees proposed to be charged by the delegated agency to administer the sewage facilities planning reviews are sufficient to allow the delegated agency to act upon supplements within the time limits established by this chapter.
(vii) The administrative procedures, rules, regulations, fee schedules and contracts for services and applicable municipal ordinances, rules and regulations proposed for use by the delegated agency in the administration of the delegated provisions of this chapter have been reviewed by the Department. Delegated agencies shall use forms provided by the Department for the submittal and review of all supplements.
(6) Supplements to an official plan shall be prepared by the person proposing the new land development and shall be reviewed and acted upon by the delegated agency.
(7) The failure of or refusal of a municipality, local agency, multimunicipal local agency or county or joint county department of health to enter into a delegation agreement may not influence the eligibility of the local agency serving that municipality or the local agency itself to receive 85% reimbursement under Chapter 72 (relating to administration of sewage facilities permitting program).
(b) The Department will review the delegated agencies’ performance of the duties established by delegation agreements under this section and may revoke the agreements for cause.
Authority The provisions of this § 71.58 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).
Source The provisions of this § 71.58 adopted November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877.
§ 71.59. Delegated agency administration of new land developmentplanning requirements.
(a) When the Department has delegated the authority to review and approve subdivisions for new land developments to a delegated agency, the regulatory provisions of the Department in § § 71.54 and 71.55 (relating to Department administration of new land development planning requirements for revisions; and exceptions to the requirement to revise the official plan for new land development) shall be administered by the delegated agency except that the time limits for review shall be in accordance with subsection (c).
(b) A new land development proposal submitted as a revision or an exception to the requirement to revise may be approved by the delegated agency as a supplement to the official plan of the municipality.
(c) The delegated agency shall determine if a submission is complete within 10 working days of its receipt. Delegated agencies shall approve or disapprove supplements within 60 days of the date of a complete submission or additional time that the applicant and delegated agency may agree to in writing.
(d) If planning modules for new land development propose service by sewerage facilities requiring a new or modified permit from the Department under The Clean Streams Law, the new land development planning module shall be forwarded to the Department for final action.
Authority The provisions of this § 71.59 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).
Source The provisions of this § 71.59 adopted November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877.
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