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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 4384 (July 30, 2022).

67 Pa. Code § 495.4. Application procedure.

§ 495.4. Application procedure.

 (a)  General rule. At the time of the filing of its application for a lease, the applicant shall give notice by registered or certified mail to the municipality and the school district in which the real property is located of the fact that it has filed an application with the Department. The notice shall state the name of the proposed lessee and sublessees, the location of the real property for which a lease has been requested, and the proposed use of the real property to be leased. Within 30 days of receipt of the application, the Department will give the applicant written notice of additional public agencies, if any, which the applicant shall also be required to notify by registered or certified mail. In the absence of such notice, the applicant shall not be required to give further notice of the filing of the application. Copies of notices required to be given by the applicant under this subsection shall be filed with the Department.

 (b)  Subleases. If the applicant proposes to sublease the property, the application shall indicate the manner in which the sublessees have been or will be selected. The manner of selection shall be fair and equitable and satisfactory to the Department.

 (c)  Content. Applications shall be made in writing to the District Engineer of the Department’s Engineering District in which the real property is located. The application shall describe the use intended to be made of the real property, including all improvements to be installed or affected by such proposed use, and shall have attached thereto as an exhibit a site plan describing the proposed use.

 (d)  Notice. Promptly upon receipt of an application, the Secretary will cause notice of the filing of the application to be published in the Pennsylvania Bulletin. The notice will identify the applicant and the location and the uses proposed to be made of the real property. The notice will provide further that persons objecting on the grounds of public or private interest to the approval of the application may file, within 30 days from the date of the issue of the Pennsylvania Bulletin in which notice of application appears, a written protest with the Department in sufficient detail to inform the Department of the exact basis of the protest and the relevant facts upon which it is based.


   The provisions of this §  495.4 adopted May 9, 1975, effective May 10, 1975, 5 Pa.B. 1230; amended September 23, 1983, effective September 24, 1983, 13 Pa.B. 2893; readopted August 5, 1988, effective August 6, 1988, 18 Pa.B. 3434. Immediately preceding text appears at serial pages (113706) to (113707).

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