25 Pa. Code § 71.31. Municipal responsibility to review, adopt and implement official plans.

OFFICIAL PLAN APPROVAL

§ 71.31. Municipal responsibility to review, adopt and implement official plans.

(a)  A municipality shall develop and evaluate alternatives in official plans and official plan revisions and shall determine, prior to adopting the plan, which technical and administrative alternatives are proposed to be implemented.
(b)  A municipality shall request, review and consider 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 official plan has been before these agencies for 60 days without comment is sufficient to satisfy the requirements of this subsection.
(c)  A municipality shall submit evidence that documents the publication of the proposed plan adoption action at least once in a newspaper of general circulation in the municipality. The notice shall contain a summary description of the nature, scope and location of the planning area including the antidegradation classification of the receiving water where a discharge to a body of water designated as high quality or exceptional value is proposed and the plan’s major recommendations, including a list of the sewage facilities alternatives considered. A 30-day public comment period shall be provided. A copy of written comments received and the municipal response to each comment, shall be submitted to the Department with the plan.
(d)  An implementation schedule shall be submitted as part of the official plan. This schedule shall designate the time periods within which the specific phases of the facilities or program will be completed and the methods and sources of financing each phase.
(e)  When an official plan or official plan revision identifies a conflict between a proposed alternative and the consistency requirements contained in §  71.21(a)(5)(i)—(iii) (relating to content of official plans), the municipality shall submit written documentation that the appropriate agency has received, reviewed and concurred with the method proposed to resolve identified inconsistencies.
(f)  The municipality shall adopt the official plan by resolution, with specific reference to the alternatives of choice and a commitment to implement the plan within the time limits established in an implementation schedule.

Authority

   The provisions of this §  71.31 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 §  71.31 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; reserved January 9, 1987, effective January 10, 1987, 17 Pa.B. 172; 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 (228191) to (228193).

Cross References

   This section cited in 25 Pa. Code §  71.11 (relating to general requirement); 25 Pa. Code §  71.22 (relating to coordination of official plans with Federally funded sewage facilities planning); 25 Pa. Code §  71.32 (relating to Department responsibility to review and act upon official plans); 25 Pa. Code §  71.52 (relating to content requirements—new land development revisions); and 25 Pa. Code §  71.53 (relating to municipal administration of new land development planning requirements for revisions).

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