25 Pa. Code § 71.21 - Content of official plans
(a) A
municipality shall submit a Task/Activity Report or other appropriate form
prior to preparation of an official plan to determine which of the planning
elements listed in this section are necessary to meet the specific needs of
that municipality. It is recommended that the municipality meet with the
Department prior to submitting the Task/Activity Report to the Department. A
determination does not constitute a final Department action until the completed
plan is submitted by the municipality and acted upon by the Department. If
applicable to the specific planning needs of the municipality, as determined by
the Department, the completed plan submitted to the Department shall:
(1) Describe and analyze the physical and
demographic characteristics of the planning area through the following:
(i) An identification and mapping of the
planning area boundaries and political subdivision boundaries.
(ii) An identification and mapping of the
physical characteristics of the planning area, including streams, lakes,
impoundments, natural conveyance channels and drainage basins.
(iii) A survey and a map and analysis of
soils and geological features.
(iv)
A listing of current population information and historical population
data.
(v) An identification of
wetlands as defined in Chapter 105 (relating to dam safety and waterway
management).
(vi) Identification of
the source of the potable water supply including the available capacity of
public supplies and aquifer yield for groundwater supplies.
(2) Evaluate existing sewage
facilities in the planning area through the following:
(i) An identification, mapping and
description of municipal and nonmunicipal, individual and community sewerage
systems in the planning area including:
(A)
The location of treatment plants, main intercepting lines, pumping stations and
force mains, including their size, capacity, point of discharge and drainage
basin served.
(B) A description of
problems with the existing facilities, including existing or projected overload
under Chapter 94 (relating to municipal wasteload management) or violations of
a National Pollutant Discharge Elimination System permit, a Clean Streams Law
permit or other permit, rule or regulation of the Department.
(C) A description of operation and
maintenance requirements and the status of compliance with these requirements
and the requirements of Subchapter E (relating to sewage management
programs).
(ii) An
identification, mapping and description of areas that use individual and
community onlot sewage systems in the planning area, including:
(A) The types of systems in use.
(B) A description of problems with the
systems, including violations of local ordinances, the act, the Clean Streams
Law or a rule or regulation promulgated thereunder.
(C) A comparison of the types of onlot sewage
systems installed in an area with the types of systems which are appropriate
for the area according to soil, geologic conditions and Chapter 73 (relating to
standards for onlot sewage treatment facilities).
(3) Delineate and describe through
a text, map and analysis:
(i) Areas with
existing development or platted subdivisions.
(ii) Land use designations established under
the Pennsylvania Municipalities Planning Code (53 P. S. §§
10101-11202), including
residential, commercial and industrial areas.
(iii) Future growth areas and population
projections.
(iv) Zoning;
subdivision regulations; local county or regional comprehensive plans; and
existing plans of a Commonwealth agency relating to the development, use and
protection of land and water resources.
(v) Areas where community sewage systems are
planned to be available within a 5-year and a 10-year period.
(4) Identify alternatives which
are available to provide for new or improved sewage facilities for each area of
need including, but not limited to:
(i) The
potential for extension of existing municipal or nonmunicipal sewage facilities
to areas in need of new or improved sewage facilities.
(ii) The potential for the continued use of
existing municipal or nonmunicipal sewage facilities through one or more of the
following:
(A) Repair.
(B) Upgrading.
(C) Improved operation and
maintenance.
(D) Other applicable
actions that will resolve or abate the identified problems.
(iii) The need for new community
sewage systems.
(iv) The need for a
sewage management program to assure the future operation and maintenance of
existing and proposed sewage facilities.
(5) Evaluate each alternative listed in
response to paragraph (4), including, but not limited to:
(i) Consistency between the proposed
alternative and the objectives and policies of:
(A) Applicable plans developed and approved
under sections 4 and 5 of the Clean Streams Law (35 P. S. §§
691.4 and
691.5) or section 208 of the
Clean Water Act (33 U.S.C.A.
§
1288).
(B) Municipal wasteload management under
Chapter 94.
(C) Plans developed
under Title II of The Clean Water Act (33 U.S.C.A. §§
1281-1299) or Titles II and VI of the
Water Quality Act of 1987 (33 U.S.C.A. §§
1251-1376).
(D) Comprehensive plans developed under the
Pennsylvania Municipalities Planning Code.
(E) Antidegradation requirements as contained
in Chapters 93, 95 and 102 (relating to water quality standards; waste water
treatment requirements; and erosion and sediment control) and the Clean Water
Act.
(F) State water plans
developed under the Water Resources Planning Act (42 U.S.C.A. §§
1962-1962d-18).
(G) Title 4 of the Pennsylvania
Code, Chapter 7, Subchapter W (relating to agricultural land
preservation policy).
(H) Plans
adopted by the county and approved by the Department under the Storm Water
Management Act (32 P. S. §§
680.1-680.17).
(I) Wetland protection under Chapter 105
(relating to dam safety and waterway management).
(J) Protection of rare, endangered or
threatened plant and animal species as identified by the Pennsylvania Natural
Diversity Inventory.
(K) Section
507 of Title 37 of Pennsylvania Consolidated Statutes
(relating to cooperation by public officials with the
Commission).
(ii) The
resolution of inconsistencies identified in this section.
(iii) Applicable water quality standards,
effluent limitations or other technical requirements contained in Subchapter D
(relating to official plan requirements for alternative evaluations) and this
part.
(iv) Cost estimates for
construction, financing, ongoing administration, operation and
maintenance.
(v) Subject to the
limitations of subsections (b) and (c), funding methods available to finance
all aspects of each of the proposed alternatives, establishment of the
financial alternative of choice and a contingency financial plan to be used if
the preferred method of financing is not able to be implemented.
(vi) Ability to implement, including:
(A) Activities necessary to abate critical
public health hazards pending completion of sewage facilities or sewage
management programs.
(B) Phased
development of the facilities or sewage management program.
(C) Time schedules for implementing each
phase.
(D) Administrative
organization and legal authority necessary for plan
implementation.
(6) Select one alternative to solve the need
for sewage facilities in each area studied and support this choice with
documentation that shows that the alternative is technically, environmentally
and administratively acceptable.
(7) Include a summary of the plan which
identifies:
(i) Major problems evaluated in
the plan.
(ii) Alternatives chosen
to solve these problems.
(iii)
Municipal commitments necessary to implement the plan.
(iv) A schedule for implementation.
(8) When the information required
as part of an official plan or revision has been developed separately,
incorporate the information by reference.
(b) Feasibility evaluations required by
subsection (a)(5)(iv) and (v) shall be limited to areas identified in the plan
as needing improved sewage facilities within a 5-year period from the date of
plan submission and which are scheduled for completion of sewage facilities
within 5 years or less.
(c) Dates
for the future initiation of feasibility evaluations required by subsection
(a)(5)(iv) and (v) shall be included in the implementation schedule for areas
proposing completion of sewage facilities for periods in excess of 5
years.
Notes
The provisions of this § 71.21 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).
This section cited in 25 Pa. Code § 71.11 (relating to general requirement); 25 Pa. Code § 71.13 (relating to Department responsibility to require official plan revisions); 25 Pa. Code § 71.31 (relating to municipal responsibility to review, adopt and implement official plans); 25 Pa. Code § 71.52 (relating to content requirements-new land development revisions); 25 Pa. Code § 71.53 (relating to municipal administration of new land development planning requirements for revisions); 25 Pa. Code § 71.55 (relating to exceptions to the requirement to revise the official plan for new land development); and 25 Pa. Code § 71.61 (relating to general).
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