Subchapter B. OFFICIAL PLAN REQUIREMENTS

§ 71.11. General requirement.

 Municipalities are required to develop and implement comprehensive official plans which provide for the resolution of existing sewage disposal problems, provide for the future sewage disposal needs of new land development and provide for the future sewage disposal needs of the municipality. Official plans shall be developed, submitted to the Department for approval and implemented by municipalities under the act and § §  71.12—71.14, 71.21, 71.22, 71.31, 71.41—71.44 and Subchapters C—F.

   The provisions of this §  71.11 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).

 (a)  Municipalities shall review and revise their official plans whenever the municipality or the Department determines that the plan is inadequate to meet the existing or future sewage disposal needs of the municipality or portion thereof.

 (b)  Two or more municipalities may jointly submit a single official plan. The plan may be prepared by one of the municipalities and submitted on behalf of participating municipalities if the plan is adopted by resolution of the governing body of each municipality to which it relates.

 (c)  The existence, absence or content of a municipal or county subdivision ordinance or regulation will not relieve the municipality of its duty to revise its official plan as required by the act and this chapter.

 (d)  The proposed plan content shall be consistent with the requirements of the act.

 (e)  The completed plan shall be submitted within the time limits established by the Department under §  71.13(a) (relating to Department responsibility to require official plan revisions).

 (f)  In a civil or administrative action taken under this chapter, the municipality shall have the burden to establish that its official plan or proposed revision complies with the requirements of this chapter.

   The provisions of this §  71.12 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 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 (129916).

 (a)  The Department will require a municipality to revise its official plan when it determines that the plan does not meet the requirements of Subchapter D (relating to official plan requirements for alternative evaluations) or the plan, or its parts, is inadequate to meet the sewage needs of the municipality, its residents or property owners or because of newly discovered facts, conditions or circumstances which make the plan inadequate. Official plan revisions shall be submitted within 120 days of the Department’s determination under this section, unless the Department finds that additional time is necessary to complete the planning consistent with this chapter.

 (b)  The Department will notify the municipality in writing of:

   (1)  The reasons for requiring a plan revision.

   (2)  Minimum plan content requirements as contained in §  71.21 (relating to content of official plans) and Subchapter D.

   (3)  Time limitations for plan completion, including interim deadlines and compliance schedules the Department deems necessary.

   (4)  The status of the existing official plan.

 (c)  The Department may require two or more municipalities to develop and submit jointly a single official plan. The Department will allow the preparation of a joint municipal plan if the plan is adopted by each participating municipality.

   The provisions of this §  71.13 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 (114763).

 (a)  A person who is a resident or legal or equitable property owner in a municipality may file a private request with the Department requesting that the Department order the municipality to revise or implement its official plan if the resident or property owner can show that the official plan is not being implemented or is inadequate to meet the resident’s or property owner’s sewage disposal needs. This request may be made only after a prior written demand upon and written refusal by the municipality to so implement or revise its official plan or failure of the municipality to reply in either the affirmative or negative within 60 days or, failure of the municipality to implement its official plan within the time limits established in the plan’s implementation schedule or failure to revise its official plan within the time limits established in this chapter. The request to the Department shall contain a description of the area of the municipality in question and a list of reasons that the plan is believed to be inadequate. The person shall notify the municipality, official planning agency within the municipality and planning commission with areawide jurisdiction in writing of the filing of the request with the Department at the same time notice is sent to the Department. This notification shall include a copy of the documentation supporting the private request which was submitted to the Department.

 (b)  Private requests to revise an official plan shall contain evidence that the municipality has refused in writing to revise its plan, is not implementing its plan or has failed to act within the time limits established in §  71.13(a) (relating to Department responsibility to require official plan revisions) for plan updates or §  71.53(b) (relating to municipal administration of new land development planning requirements for revisions) for new land developments.

 (c)  Upon receipt of a private request for revision, the Department will notify the municipality and appropriate official planning agencies within the municipality, including a planning agency with areawide jurisdiction if one exists, under the Pennsylvania Municipalities Planning Code (53 P. S. § §  10101—11202) and the existing county or joint county department of health of receipt of the private request and will inform them that written comments shall be submitted to the Department within 45 days after the Department’s receipt of the private request for revision.

 (d)  In arriving at its decision, the Department will consider the following:

   (1)  The reasons advanced by the requesting person.

   (2)  The reasons for denial advanced by the municipality.

   (3)  Comments submitted under this section.

   (4)  Whether the proposed sewage facilities and documentation supporting the proposed sewage facilities are consistent with this part.

   (5)  The existing official plan developed under this chapter.

 (e)  The Department will render its decision, and inform the person requesting the revision and the appropriate municipality, in writing, within 120 days after either receipt of the comments permitted by this section or 120 days after the expiration of the 45-day comment period when no comments have been received or within an extended period if agreed to in writing by the person making the request.

   (1)  The Department’s decision will specify the nature of the revision to the municipality’s official plan that the municipality will be required to implement or the reasons for refusal. If the Department orders a requested revision, the order will specify time limits for plan completion, including interim deadlines and compliance schedules the Department deems necessary.

   (2)  If the Department refuses to order a revision requested under subsection (a), it will notify the person who filed the request, in writing, of the reasons for the refusal.

   (3)  The Department may not refuse to order a requested revision because of inconsistencies with any applicable zoning, subdivision or land development ordinances, but will make its order subject to any limitations properly placed on the development of the property by the municipality under its zoning, subdivision or land development ordinances or by court orders.

   The provisions of this §  71.14 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).

   The provisions of this §  71.14 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 February 28, 1975, effective March 17, 1975, 5 Pa.B. 374; 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 (234443) to (234444).

   The provisions of this §  71.15 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 September 24, 1976, effective October 11, 1976, 6 Pa.B. 2392; reserved June 9, 1989, effective June 10, 1989, 19 Pa.B. 2429. Immediately preceding text appears at serial pages (114766) to (114767).

   Supplement

   The provisions of this §  71.16 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 October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917; reserved June 9, 1989, effective June 10, 1989, 19 Pa.B. 2429. Immediately preceding text appears at serial pages (114768) to (114769).

   The provisions of this §  71.17 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 June 9, 1989, effective June 10, 1989, 19 Pa.B. 2429. Immediately preceding text appears at serial pages (114769) to (114770).

   It is proper for DER to order a municipality to provide sewage facilities services for a subdivision under this section request while the subdivision plan is in litigation but the order is subject to subsequent judicial decision. Solebury Township Supervisors v. Department of Environmental Resources, 18 Pa. D. & C.3d 696 (1981).

   The Environmental Hearing Board has jurisdiction over an appeal from a DER order issued under this section as to sewage related problems which are concurrently in litigation with nonsewage related issues in a subdivision dispute in the common pleas court. Solebury Township Supervisors v. Department of Environmental Resources, 18 Pa. D. & C.3d 696 (1981).

   While subsection (c)(3) requires that applicable zoning be considered, DER and the Environmental Hearing Board must be guided by a decision of the appropriate common pleas court regarding zoning rights. Borough of Sayre v. Department of Environmental Resources, 9 Pa. D. & C.3d 407 (1979).

   When a property owner can be effectively denied the right to use his property until such time as the municipality has satisfied DER that sewage disposal on the property is in conformity with a comprehensive program of water quality management, there is an unreasonable restriction on the use of private land and a confiscation of property without due process. Department of Environmental Resources v. Trautner, 338 A.2d 718 (Pa. Cmwlth. 1975).

   The provisions of this §  71.18 adopted August 13, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 28, 1972, effective May 15, 1972, 2 Pa.B. 753; reserved September 28, 1973, effective October 15, 1973, 3 Pa.B. 2176. Immediately preceding text appears at serial page (11243).

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.

   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).

   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).

 Planning for Federally funded sewage facilities under Subchapter II of the Clean Water Act (33 U.S.C.A. § §  1281—1299) or State Revolving Funding under Title VI of the Water Quality Act of 1987 (33 U.S.C.A. § §  1382—1387) shall meet the requirements of §  71.31 (relating to municipal responsibility to review, adopt and implement official plans) and be approved by the Department as a revision to the municipal official plan.

   The provisions of this §  71.22 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).

   The provisions of this §  71.22 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 (234447) and (228191).

   The provisions of this §  71.26 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 June 9, 1989, effective June 10, 1989, 19 Pa.B. 2429. Immediately preceding text appears at serial pages (114771) to (114772).

OFFICIAL PLAN APPROVAL

§ 71.31. Municipal responsibility to review, adopt and implement official plans.

 (a)  A municipality shall develop and evaluate alternatives in official plans and official plan revisions and shall determine, prior to adopting the plan, which technical and administrative alternatives are proposed to be implemented.

 (b)  A municipality shall request, review and consider comments by appropriate official planning agencies of a municipality, including a planning agency with areawide jurisdiction if one exists, under the Pennsylvania Municipalities Planning Code (53 P. S. § §  10101—11202) and the existing county or joint county department of health. Evidence that the official plan has been before these agencies for 60 days without comment is sufficient to satisfy the requirements of this subsection.

 (c)  A municipality shall submit evidence that documents the publication of the proposed plan adoption action at least once in a newspaper of general circulation in the municipality. The notice shall contain a summary description of the nature, scope and location of the planning area including the antidegradation classification of the receiving water where a discharge to a body of water designated as high quality or exceptional value is proposed and the plan’s major recommendations, including a list of the sewage facilities alternatives considered. A 30-day public comment period shall be provided. A copy of written comments received and the municipal response to each comment, shall be submitted to the Department with the plan.

 (d)  An implementation schedule shall be submitted as part of the official plan. This schedule shall designate the time periods within which the specific phases of the facilities or program will be completed and the methods and sources of financing each phase.

 (e)  When an official plan or official plan revision identifies a conflict between a proposed alternative and the consistency requirements contained in §  71.21(a)(5)(i)—(iii) (relating to content of official plans), the municipality shall submit written documentation that the appropriate agency has received, reviewed and concurred with the method proposed to resolve identified inconsistencies.

 (f)  The municipality shall adopt the official plan by resolution, with specific reference to the alternatives of choice and a commitment to implement the plan within the time limits established in an implementation schedule.

   The provisions of this §  71.31 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).

   The provisions of this §  71.31 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 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (228191) to (228193).

 (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.

   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).

   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).

   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).

   The provisions of this §  71.36 adopted August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; reserved January 9, 1987, effective January 10, 1987, 17 Pa.B. 172. Immediately preceding text appears at serial page (17824).

PLANNING GRANTS

§ 71.41. Grants for the preparation of official plans.

 Under section 6 of the act (35 P. S. §  750.6) and § §  71.42 and 71.43 (relating to application for grants; and approval of grants), the Department will administer grants to municipalities, counties and authorities for preparing update revisions and special studies to the extent of the appropriations made by the General Assembly for that purpose. Municipalities, counties and authorities intending to apply for the grants shall submit to the Department an outline of the proposed plan content, time schedule for plan completion and estimated cost by planning task on a form provided by the Department or other form acceptable to the Department prior to beginning the plan. Costs for completion of planning activities outside the scope of the proposed plan content are not eligible for a grant unless proposals for inclusion of additional activities and increased costs associated with these activities have been submitted to and approved by the Department and are within the scope of the act.

   The provisions of this §  71.41 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).

   The provisions of this §  71.41 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 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial page (228196).

   Injunction

   Where landowner installed a sewage holding tank without a permit, the Township was entitled to an injunction from the moment that the system was first installed despite township’s delay in processing landowner’s request for an application. Millstone Enterprises, Inc. v. Department of Environmental Resources, 516 A.2d 814 (Pa. Cmwlth. 1986).

   Property owners’ challenge to a denial of a sewer permit by the township sewer enforcement officer, based on the requirements of this section, was properly appealable to the local court of common pleas. Consumer Investment Fund v. Supervisors of Smithfield Township, 532 A.2d 543 (Pa. Cmwlth. 1987).

 (a)  Grant application forms and instructions will be supplied by the Department upon written request.

 (b)  Applications shall be accompanied by detailed invoices or other proof of payment for each activity included in the preparation of the update revision or special study.

 (c)  When the applicant for a planning grant is not a municipality, written proof that the municipality has authorized the applicant to receive the grant shall be submitted with the application.

   The provisions of this §  71.42 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 May 30, 1975, effective May 31, 1975, 5 Pa.B. 1402; reserved January 9, 1987, effective January 10, 1987, 17 Pa.B. 172; amended June 9, 1989, effective June 10, 1989, 19 Pa.B. 2429. Immediately preceding text appears at serial page (125966).

 (a)  The Department will not authorize payment of a planning grant to an applicant until the Department has approved the official plan or revision which has been adopted by the municipality.

 (b)  When the Department has determined that the application is complete, the Department will pay grants to applicants in the order in which the applications were received.

 (c)  The Department will determine the amount of the grant by evaluating:

   (1)  The application for planning grants.

   (2)  The extent and nature of the activities included in the official plan or revision to the official plan and the eligibility of the costs of these activities for grant payments under the act.

   (3)  The cost of performing each activity included in the official plan or revision to the official plan.

   (4)  The contents of existing plans and studies.

   (5)  The conditions imposed upon the municipality by an order or notice of the Department.

   (6)  The final contents of the adopted official plan.

 (d)  The Department may pay planning grants for joint municipal plans submitted under §  71.12(b) (relating to municipal responsibility to revise plans) without official adoption of the plan from participating municipalities when:

   (1)  The Department has determined that enough municipalities have adopted the plan consistent with §  71.32(d)(7) (relating to Department responsibility to review and act upon official plans) to assure substantial plan implementation.

   (2)  Costs for the planning activities done for the nonparticipating municipalities are deducted from the application for the grant payment.

   (3)  The Department has notified the municipality not adopting the joint-municipal plan that its official plan is in a disapproved status; or has determined that the municipality’s official plan adequately addresses the existing and future sewage disposal needs of the municipality.

 (e)  The Department will not withhold planning grants for eligible costs from a municipality, its designated authority or county when the following occur:

   (1)  Sufficient appropriations have been made by the General Assembly.

   (2)  The official plan has been adopted by the municipality and approved by the Department.

   (3)  The official plan complies with the terms of the act and this part.

   The provisions of this §  71.43 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).

   The provisions of this §  71.43 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 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (206575) to (206576).

   Additional Evidence

   Sewage Enforcement Officer erred in denying application without first affording applicant opportunity to supply additional information, and lower court’s conclusion that procedure regarding incomplete applications applied only to cases where application is facially incomplete is not supported by Sewage Facility Act (35 P. S. § §  750.1—750.16) or this section. D’Amico v. Board of Supervisors, Alsace Township, 526 A.2d 479 (Pa. Cmwlth. 1987).

   Applicant for individual sewage disposal permit could not claim that Township Board of Supervisor’s request for topographical survey, second probe test, soil survey and revised plan was an unauthorized or unreasonable request, where testimony showed that information was necessary and reasonable. D’Amico v. Board of Supervisors, Alsace Township, 526 A.2d 479 (Pa. Cmwlth. 1987).

 The Department will not pay grants under the act for information which has been completed previously under local, State or Federal funding programs. The plan shall incorporate this information by reference.

   The provisions of this §  71.44 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).

   The provisions of this §  71.44 adopted 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 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (206576) to (206577).

   Denial of Permit

   Neither Sewage Facility Act (35 P. S. § §  750.1—750.16) nor this section authorized denial of permit without first allowing applicant a reasonable opportunity to supply additional information requested and applicant need not have supplied information between time of denial of application and time of Board of Supervisor’s hearing; applicant acted properly in filing appeal under Local Agency Law (repealed). D’Amico v. Board of Supervisors, Alsace Township, 526 A.2d 479 (Pa. Cmwlth. 1987).

   The provisions of this §  71.45 adopted August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; reserved January 9, 1987, effective January 10, 1987, 17 Pa.B. 172. Immediately preceding text appears at serial pages (21625) and (30792).

   Discretion

   The provisions of this §  71.48 adopted August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; reserved January 9, 1987, effective January 10, 1987, 17 Pa.B. 172. Immediately preceding text appears at serial pages (30793) and (78907).