§ 71.32. Department responsibility to review and act upon official plans.
(a) No official plan or official plan revision will be considered complete by the Department unless it contains the information and supporting documentation required by the Department, including those items required by § 71.31 (relating to municipal responsibility to review, adopt and implement official plans). If a special study is submitted in support of an existing official plan, existing official plan revision or existing update revision, the Department may waive inapplicable requirements of § 71.31.
(b) Within 120 days after submission of a complete official plan or official plan revision, with supporting documentation, the Department will either approve or disapprove the plan or revision, except as provided in § 71.54(d) (relating to Department administration of new land development planning requirements for revisions) for a plan revision for a residential subdivision plan.
(c) Upon the Department’s failure to act on a complete official plan or revision within 120 days of its submission, the official plan or official plan revision will be considered approved, unless the Department informs the municipality prior to the end of 120 days that additional time is necessary to complete its review. The additional time may not exceed 60 days.
(d) In approving or disapproving an official plan or official plan revision, the Department will consider:
(1) Whether the plan or revision meets the requirements of the act, The Clean Streams Law and this part.
(2) Whether the municipality has adequately considered questions raised in comments, if any, of the appropriate areawide planning agency, the county or joint county department of health, and the general public.
(3) Whether the plan or revision furthers the policies established under section 3 of the act (35 P. S. § 750.3) and sections 4 and 5 of The Clean Streams Law (35 P. S. § § 691.4 and 691.5).
(4) Whether the official plan or official plan revision is able to be implemented.
(5) Whether the official plan or official plan revision adequately provides for continued operation and maintenance of the proposed sewage facilities.
(6) Whether the official plan or official plan revision contains documentation that inconsistencies identified in § 71.21(a)(5)(i)—(iii) (relating to content of official plans) have been resolved under § 71.31(e).
(7) If the official plan or official plan revision includes proposed sewage facilities connected to or otherwise affecting sewage facilities of other municipalities, whether the other municipalities have submitted necessary revisions to their plans for approval by the Department.
(e) If the official plan or official plan revision is disapproved by the Department, written notice will be given to each municipality included in the plan, together with a statement of reasons for the disapproval.
(f) In a municipality that does not have an official plan, or fails to revise or implement its official plan as required by an order of the Department or this part the following apply:
(1) The limitations on the issuance of permits under § 72.23(a) and (b) (relating to limitation on onlot system permit issuance) are in effect.
(2) The Department will not issue a permit under section 5 of The Clean Streams Law (35 P. S. § 691.5) for projects in those areas of the municipality for which an official plan, official plan revision or implementation of an official plan is required.
(3) A supplement or a revision for new land development will not be denied nor will an exception to the requirement to revise be found inadequate solely because the municipality in which the new land development is being proposed has failed to do one of the following:
(i) Submit an update revision or special study.
(ii) Implement its plan as required by an order of the Department or this part.
(4) A supplement or revision for new land development will not be denied, nor will an exception to the requirement to revise be found inadequate, solely because an update revision or special study is under review by the Department.
(5) Every contract for the sale of a lot which is located within an area in which permit limitations are in effect and which is subject to permit limitations under this chapter shall contain a statement in the sales contract that clearly indicates to the buyer that sewage facilities are not available for that lot and that sewage facilities will not be available. This statement shall also clearly state that construction of any structure on the lot may not begin until the Department has approved a major planning requirement, including, but not limited to, a plan update revision or a special study.
(g) The limitations on permit issuance contained in § 72.23(a) and (b) do not apply when the provisions of § 72.23(d) have been met.
Authority The provisions of this § 71.32 amended under sections 7.2 and 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.7b and 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 § 71.32 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 1, 1996, effective November 2, 1996, 26 Pa.B. 5347; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (228193) to (228195).
Notes of Decisions
Waiver The facts were insufficient to establish a casual connection between the township’s request to review the Department of Environmental Resources’ data and the Department’s failure to comply with the provisions of former 25 Pa. Code § 71.16 (now this regulation). Thus, the waiver of the deemed approval provisions expressly set forth in the mandatory language of that regulation will occur only where the words or conduct of the party seeking this remedy has caused or substantially contributed to the Department’s delay. As the township’s request did not impair the Department’s ability to respond in a timely fashion, the Environmental Hearing Board erred in concluding that the township’s request constituted a waiver of deemed approval. Board of Supervisors of Middle Paxton Township v. Department of Environmental Resources, 669 A.2d 418 (Pa. Cmwlth. 1995).
Cross References This section cited in 25 Pa. Code § 71.43 (relating to approval of grants); 25 Pa. Code § 71.54 (relating to Department administration of new land development planning requirements for revisions); and 25 Pa. Code § 93.4c (relating to implementation of antidegradation requirements).
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