SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SCAVELLO, BOBACK, BRENNAN, CARROLL, D. COSTA, DAVIS, EVANKOVICH, GINGRICH, HARKINS, HENNESSEY, KAVULICH, KORTZ, MILLER, MOUL, MUNDY, MURT, M. O'BRIEN, O'NEILL, PASHINSKI, READSHAW, REICHLEY, SANTARSIERO, K. SMITH, VULAKOVICH, FARRY, TOOHIL AND MATZIE, FEBRUARY 28, 2011

AS AMENDED ON THIRD CONSIDERATION, APRIL 2, 2012   

AN ACT

Amending the act of July 31, 1968 (P.L.805, No.247), entitled,

as amended, "An act to empower cities of the second class A,

and third class, boroughs, incorporated towns, townships of

the first and second classes including those within a county

of the second class and counties of the second through eighth

classes, individually or jointly, to plan their development

and to govern the same by zoning, subdivision and land

development ordinances, planned residential development and

other ordinances, by official maps, by the reservation of

certain land for future public purpose and by the acquisition

of such land; to promote the conservation of energy through

the use of planning practices and to promote the effective

utilization of renewable energy sources; providing for the

establishment of planning commissions, planning departments,

planning committees and zoning hearing boards, authorizing

them to charge fees, make inspections and hold public

hearings; providing for mediation; providing for transferable

development rights; providing for appropriations, appeals to

courts and penalties for violations; and repealing acts and

parts of acts," in subdivision and land development,

providing for notice to school district; and, in planned

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residential development, further providing for application

for final approval; and providing for wastewater processing

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cooperative planning.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of July 31, 1968 (P.L.805, No.247), known

as the Pennsylvania Municipalities Planning Code, reenacted and

amended December 21, 1988 (P.L.1329, No.170), is amended by

adding a section to read:

Section 508.1.  Notice to School District.--Each month a

municipality shall notify in writing the superintendent of a

school district in which a plan for a residential development

was finally approved by the municipality during the preceding

month. The notice shall include, but not be limited to, the

location of the development, the number and types of units to be

included in the development and the expected construction

schedule of the development.

Section 2.  Section 711 of the act is amended by adding a

subsection to read:

Section 711.  Application for Final Approval.--* * *

(f)  Each month a municipality shall notify in writing the

superintendent of a school district in which development plans

for a planned residential development were finally approved by

the municipality during the preceding month. The notice shall

include, but not be limited to, the location of the development,

the number and types of units to be included in the development

and the expected construction schedule of the development.

Section 3.  The act is amended by adding an article to read:

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ARTICLE XI-A

WASTEWATER PROCESSING COOPERATIVE PLANNING

Section 1101-A.  Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department."  The Department of Environmental Protection of

the Commonwealth.

"Wastewater system official."  Either:

(1)  the manager of a wastewater system; or

(2)  if a manager is not employed to oversee a wastewater

system, the system municipal officials of the municipality in

which the wastewater system exists.

Section 1102-A.  Notification requirement.

(a)  Notice to wastewater systems official.--

(1)  Except as provided in paragraph (2), notwithstanding

any other provision of law, this section applies to a person

who files an application for:

(i)  development, plat approval, planned residential

development or waiver of land development under this act;

or

(ii)  a construction permit under section 502 of the

act of November 10, 1999 (P.L.491, No.45), known as the

Pennsylvania Construction Code Act.

(2)  This article does not apply to:

(i)  an application that involves new construction or

alteration or renovation of a one-family or two-family

dwelling;

(ii)  an application that has an approved sewer

module; or

(iii)  an application for which the department has

issued a determination that sewage planning is not

required or has granted an exemption from sewage

planning.

(3)  A person subject to this subsection shall provide

written notification of filing the application to the

wastewater system official serving the property identified in

the application. A copy of the written notification shall be

provided by the person to the municipality.

(b)  Failure to notify.--No application subject to subsection

(a) may be deemed by the municipality to be administratively

complete until the municipality receives a copy of the written

notification required by subsection (a).

Section 1103-A.  Review by wastewater system officials.

(a)  Wastewater systems review.--

(1)  Upon receipt of the notification required under

section 1102-A(a), the wastewater system official shall

review the notification to determine the impact of the

application on the wastewater system. The wastewater system

official may request additional information, including a copy

of the application, from the applicant.

(2)  Review by the wastewater system official shall be

completed within 30 days of receipt of the notification

required under section 1102-A. For good cause shown, the

wastewater system official may request and the municipality

shall grant an extension of up to 15 days for completion of

the review.

(3)  If a municipality does not receive any notice from

the wastewater system official within either the 30-day

period or, if applicable, the 15-day period, the municipality

shall proceed with the application as if the application is

in compliance with the requirements of the wastewater system.

(b)  Notification of results of review.--

(1)  Upon completion of the review required under

subsection (a), the wastewater system official shall notify

the applicant and the municipality in writing of its

findings, which shall include a statement regarding the

expected impact of the application on the current wastewater

system.

(2)  If the application will cause the wastewater system

to exceed its permitted capacity or will result in necessary

upgrades to the wastewater system's infrastructure, the

wastewater system official shall include:

(i)  Specific reasons causing the wastewater system

to exceed its permitted capacity or the necessity for

upgrades to the wastewater system's infrastructure.

(ii)  The actions required to be taken by the

applicant to address such impact, which shall be limited

to obtaining approval of a sewage plan revision for new

development as required by regulations under the act of

January 24, 1966 (1965 P.L.1535, No.537), known as the

Pennsylvania Sewage Facilities Act, applying for a waiver

or exemption of sewage planning or providing calculations

demonstrating the expected sewage flow.

(c)  Approval of applications.--Except for applications which

are exempt from the provisions of this article as provided under

section 1102-A(a)(2), a municipality may not:

(1)  grant final approval of an application for

development, plat approval or planned residential development

under this act unless final approval is conditioned upon

receipt of a waiver of or an approved exemption from sewage

planning or written approval of the application is received

from the wastewater system official; or

(2)  approve an application for a construction permit

under section 502 of the act of November 10, 1999 (P.L.491,

No.45), known as the Pennsylvania Construction Code Act.

Section 1104-A.  Applicability.

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This article shall apply as follows:

(1)  This article shall apply to applications for

development, plat approval, planned residential development,

waiver of land development or construction permits if the

development or construction utilizes wastewater treatment

service provided by a county wastewater treatment authority

incorporated in a county of the second class A.

(2)  This article shall apply to all municipalities

served by the authority under paragraph (1).

Section 3 4.  This act shall take effect in 60 days.

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