§ 272.243. Failure to ratify plan.
(a) If the plan is not ratified as provided in § 272.242(d) (relating to adoption and ratification of the plan), the county shall meet with the advisory committee to discuss the reasons that the plan was not ratified. The advisory committee shall submit a recommendation concerning a revised county plan to the county within 45 days after it becomes apparent that the plan has failed to obtain ratification. The advisory committee’s recommendation shall specifically address the objections stated by municipalities in their resolutions of disapproval of the county plan.
(b) The governing body of the county shall adopt a revised plan within 75 days after it has become apparent that the original plan has failed to obtain ratification. Within 5 days following adoption of a revised plan by the governing body of the county, the plan shall be sent to municipalities within the county for ratification.
(1) If a municipality does not act on the revised plan within 45 days of its submission to the municipality, it shall be deemed to have ratified the plan.
(2) If more than one-half of the municipalities, representing more than one-half of the county’s population as determined by the most recent decennial census by the United States Bureau of the Census, ratify the revised plan, the county, within 10 days of ratification, shall submit the revised plan to the Department for approval.
(c) A municipality may not decline to ratify a proposed revised county plan unless the municipality’s resolution of disapproval contains a concise statement of its objections to the plan. A resolution of disapproval that does not contain a statement of objections shall be considered a ratification. A municipality shall immediately transmit a copy of its resolution of disapproval to the county. A conditional approval on the second municipal ratification shall be considered an approval.
(d) If the plan is not ratified as provided in subsection (b), the county shall submit the revised plan to the Department for approval. The revised plan shall be submitted within 10 days after it is apparent that the plan has failed to obtain ratification and shall be accompanied by the county’s written response to the objections stated by municipalities in the resolutions of disapproval.
(e) For purposes of this section, a plan shall be considered ratified on the date when a majority of municipalities, representing a majority of the population, have ratified the plan, regardless of the applicable ratification period.
(f) For purposes of this section, it will be considered apparent that a plan has failed to obtain ratification on the earliest of the following dates:
(1) The date on which the number of municipalities, or municipalities with sufficient population, that have failed to ratify the plan ensures that the plan cannot be ratified.
(2) The date on which the applicable ratification period has expired.
Source The provisions of this § 272.243 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
Cross References This section cited in 25 Pa. Code § 272.244 (relating to Departmental review of plans); and 25 Pa. Code § 272.252 (relating to development of plan revisions).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
