§ 138l.18. Public hearing by local government unit on ASA proposal.
(a) Public hearing required. The governing body shall hold a public hearing on an ASA proposal or proposed modification of an ASA. The public hearing shall be scheduled after the earlier of the following:
(1) Receipt of both the report of the planning commission, as described in § 138l.24 (relating to planning commission action with respect to an ASA proposal) and the report of the advisory committee, as described in § 138l.25 (relating to advisory committee action with respect to an ASA proposal).
(2) The expiration of the 45-day review periods afforded the planning commission under § 138l.24(b) and the advisory committee under § 138l.25(b).
(b) Hearing notice required. The governing body shall provide notice of the public hearing described in subsection (a) by doing the following:
(1) Publishing a hearing notice in a newspaper having general circulation in the proposed ASA.
(2) Providing a written hearing notice to the following:
(i) Any landowner who proposed a modification to the ASA.
(ii) Any person owning land included in the proposed modifications to an existing ASA.
(iii) Any person owning land included within the proposed ASA.
(3) Posting a written hearing notice in at least five conspicuous places within, adjacent to or near the proposed ASA or the proposed modifications.
(c) Contents of hearing notice. The hearing notice described in subsection (b) shall contain the following:
(1) A statement of the time, date and location of the public hearing.
(2) A description of the proposed ASA, and any proposed additions or deletions.
(3) A summary of the recommendations contained in the reports of the planning commission and the advisory committee. If the planning commission did not render its report within the 45-day period described in § 138l.24(b), or the advisory committee did not render its report within the 45-day period described in § 138l.25(b), the notice shall report this fact and indicate that the reviewing body is deemed to have given its approval to the proposed ASA or proposed modifications.
(4) A statement that the public hearing will be held concerning the following:
(i) The original ASA proposal.
(ii) Any written amendments proposed during the review period.
(iii) Any recommendations proposed by the planning commission or the advisory committee.
(d) Location of public hearing. The public hearing described in subsection (a) shall be held at a place either within the proposed ASA or at a location readily accessible to the proposed ASA—such as a nearby municipal building.
Cross References This section cited in 7 Pa. Code § 138l.17 (relating to local government unit action upon receipt of an ASA proposal); and 7 Pa. Code § 138l.52 (relating to interim review).
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