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COMMONWEALTH OF PENNSYLVANIA

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25 Pa. Code § 71.52. Content requirements—new land development revisions.

§ 71.52. Content requirements—new land development revisions.

 (a)  An official plan revision for new land development shall be submitted to the Department in the form of a completed sewage facilities planning module provided by the Department and shall include, but not be limited to, the following information:

   (1)  The nature of the proposal, including:

     (i)   Type of facilities to be served, density of proposed development and whether the development is residential, commercial or industrial.

     (ii)   Number of lots including equivalent dwelling units.

     (iii)   Anticipated sewage flow from the proposed development. For individual or community sewerage systems, the flows shall be based on gauged flows or the flows contained in the Department’s Sewerage Manual. A copy of the manual may be obtained from the Department’s Bureau of Water Supply and Wastewater Management. For individual or community onlot sewage systems, the flows shall be consistent with § §  73.16 and 73.17 (relating to absorption area requirements; and sewage flows).

     (iv)   Anticipated raw waste characteristics of the sewage.

     (v)   Type of sewage facilities proposed, including collection, treatment and disposal methods.

     (vi)   Description of required operation and maintenance activities required by Subchapter E (relating to sewage management programs).

     (vii)   Designation of the person responsible for operation and maintenance activities and the legal and financial arrangements necessary for assumption of this responsibility.

   (2)  The relationship of the proposed development to existing sewage needs, proposed sewage facilities and sewage management programs in an area delineated by the municipality, including identification of:

     (i)   The areas included in, and adjacent to, the project which are in need of improved sewage facilities.

     (ii)   Existing and proposed sewage facilities for remaining acreage or delineated lots not included in the project.

     (iii)   Existing sewage facilities and sewage management programs in the area.

     (iv)   Other proposed sewage facilities and sewage management programs—public and private—in the area.

     (v)   The method for integrating the proposal into the comprehensive sewage program in the area as reflected in the approved official plan.

   (3)  An analysis of technically available sewage facilities alternatives identified by the municipality and additional alternatives identified by the Department, including whether each alternative:

     (i)   Meets the technical requirements of this part.

     (ii)   Is consistent with local and areawide comprehensive water quality management plans for the area.

     (iii)   Is consistent with sewage planning policies and decisions of the municipality.

     (iv)   Is consistent with the municipalities’ comprehensive land use plan for the area.

     (v)   Incorporates and is consistent with the requirements of § §  71.21 and 71.31 (relating to content of official plans; and municipal responsibility to review, adopt and implement official plans).

   (4)  Selection of an alternative which adequately addresses both the present and future sewage needs of the proposal, through identification and evaluation of:

     (i)   Interim facilities.

     (ii)   Replacement facilities.

     (iii)   Ultimate facilities.

     (iv)   Operation and maintenance activities and requirements.

   (5)  Selection of an alternative which assures the continued operation and maintenance of the selected sewage facilities through evaluation and identification of the following:

     (i)   Sewage management program requirements.

     (ii)   Administrative capability for continued operation and maintenance.

   (6)  Documentation of whether or not it may be implemented including:

     (i)   Agreements with sewer authorities, water authorities or other persons to provide services necessary for implementation of the plan.

     (ii)   Designation of the institutional arrangements necessary for implementation of the plan.

 (b)  The Department may require additional information which is necessary for adequate review of the proposal.

Source

   The provisions of this §  71.52 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. Immediately preceding text appears at serial page (125969).

Notes of Decisions

   Cease and Desist

   The issuance of a cease and desist order to restrain violation of this section is unauthorized where it was not proved that an addition to a mobile home park and the installation of an onlot sewage disposal system created an unsanitary condition or nuisance. Commonwealth v. Trask, 71 Pa. D. & C.2d 203 (1974).

Cross References

   This section in 25 Pa. Code §  71.53 (relating to municipal administration of new land development planning requirements for revisions); and 25 Pa. Code §  71.61 (relating to general).



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