OFFICIAL PLAN PREPARATION
§ 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.
Authority 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).
Source The provisions of this § 71.21 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; 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 (228186) to (228188) and (234445) to (234446).
Cross References 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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