§ 138l.24. Planning commission action with respect to an ASA proposal.
(a) Record of the date of receipt. If a governing body submits an ASA proposal and all proposed modifications to a planning commission in accordance with § 138l.17(e) (relating to local government unit action upon receipt of an ASA proposal), the planning commission shall retain a record of the date upon which the referenced materials are received. This may be accomplished by time-stamping the documents, providing the governing body written confirmation of the date of receipt or other reasonable means of creating a record of the date upon which the documents were received.
(b) 45-day review period. A planning commission shall have up to 45 days from receipt of an ASA proposal and any proposed modifications from the governing body within which to submit a report to that governing body. If the planning commission fails to submit this report to the governing body within the 45-day review period, this failure to act shall be deemed to constitute the planning commission’s approval of the ASA proposal. A report is considered ‘‘submitted’’ when it is delivered to the governing body.
(c) Factors to be considered. The planning commission shall consider the factors in § 138l.26 (relating to factors to be considered by the governing body of the local government unit, the planning commission and the advisory committee) in reaching its recommendation concerning the ASA proposal and proposed modifications.
(d) Contents of report.
(1) Report by a county planning commission. If the planning commission described in subsection (b) is a county planning commission, its report shall contain that body’s recommendations concerning the proposal and proposed modifications.
(2) Report by a planning commission that is not a county planning commission. If the planning commission described in subsection (b) is not a county planning commission, its report shall relate the potential effect of the proposal and proposed modifications upon the local government’s planning policies and objectives.
Cross References This section cited in 7 Pa. Code § 138l.18 (relating to public hearing by local government unit on ASA proposal).
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