Subchapter E. DEPARTMENT OVERSIGHT OF MUNICIPAL COMPLIANCE
Sec.
85.41. [Reserved].
85.42. Department review and approval of a municipality setback ordinance and regulations.
85.43. Department review of implementation and administration of municipal setback ordinance and regulations.
85.44. Coordination with environmental protection programs.§ 85.41. [Reserved].
Source The provisions of this § 85.41 reserved September 18, 2009, effective September 19, 2009, 39 Pa.B. 5415. Immediately preceding text appears at serial page (234488).
§ 85.42. Department review and approval of a municipality setback ordinance and regulations.
(a) The Department will, within 90 days of receiving a written request to approve a bluff setback ordinance and regulations of a municipality, review the proposal pursuant to § 85.37 (relating to contents of ordinance and regulation submitted by municipality).
(b) The Department will, upon ascertaining that the proposed bluff setback ordinance and regulations meet the minimum requirements in § 85.37, notify the municipality of the approval of the ordinance and regulations.
(c) If the Department fails to respond within the allotted 90-day time limit, the ordinance and regulations will be deemed to be approved, and the municipality shall use the ordinance and regulations to enforce the act.
(d) If the Department, during the review of the proposed ordinance and regulations, finds that the ordinance and regulations do not meet the minimum requirements of this chapter, the Department will disapprove the ordinance and regulations and will notify the municipality. The letter will contain the reasons for disapproval and suggestions for correcting the problem. Upon receipt of this letter, the municipality shall have 30 days to correct the problem and resubmit the proposed ordinance and regulations. If the municipality disagrees with the findings of the Department, the municipality may appeal the decision of the Department under the procedures in § 85.61 (relating to appeals).
(e) If the municipality fails to adopt or submit a bluff setback ordinance and regulations to the Department, the Department may institute an action in mandamus to compel the municipality to comply with the act and this chapter.
Source The provisions of this § 85.42 amended September 18, 2009, effective September 19, 2009, 39 Pa.B. 5415. Immediately preceding text appears at serial page (234488).
§ 85.43. Department review of implementation and administration of municipal setback ordinance and regulations.
(a) The Department will review the implementation and administration of the municipal bluff setback ordinance and regulations at least once a year to assure coordinated and consistent enforcement of its bluff setback ordinance and regulations. The review will occur on a date and location mutually agreed upon by the representative of the Department and the appropriate municipal officials.
(b) If the Department finds that a municipality has failed to implement and enforce in a consistent and effective manner the bluff setback ordinance and regulations required by the act and this chapter, then the municipality shall be subject to the sanctions provided in the act. The municipality will be deemed to have implemented and enforced in a consistent and effective manner the bluff setback ordinance and regulations when in any area designated as having a bluff recession hazard no person shall have constructed, installed, or engaged in a substantial improvement to any structure, or any utility facility in violation of the bluff setback requirements established under the act and this chapter.
(c) When the Department finds that a municipality has failed to implement and enforce the bluff setback ordinance and regulations as required by subsection (b), the Department will, as it deems necessary, conduct additional reviews of the implementation and enforcement of the bluff setback ordinance and regulations of the municipality to ensure that the appropriate changes have been made which assure coordinated, consistent, and effective enforcement of the municipal ordinance and regulations.
§ 85.44. Coordination with environmental protection programs.
The Department and all municipalities designated as having a bluff recession hazard area are still subject to requirements of other environmental protection programs. These programs include but are not limited to erosion and sedimentation control, water obstruction, clean water, sewage treatment facilities, gas well drilling, stormwater management and floodplain management.
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