AN ACT

 

1Amending the act of January 24, 1966 (1965 P.L.1535, No.537), 
2entitled, as amended, "An act providing for the planning and 
3regulation of community sewage systems and individual sewage 
4systems; requiring municipalities to submit plans for systems 
5in their jurisdiction; authorizing grants; requiring permits 
6for persons installing such systems; requiring disclosure 
7statements in certain land sale contracts; authorizing the 
8Department of Environmental Resources to adopt and administer 
9rules, regulations, standards and procedures; creating an 
10advisory committee; providing remedies and prescribing 
11penalties," further providing for official plans.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. Section 5 of the act of January 24, 1966 (1965
15P.L.1535, No.537), known as the Pennsylvania Sewage Facilities
16Act, is amended by adding a subsection to read:

17Section 5. Official Plans.--* * *

18(d.1) (1) The department shall develop and make available
19for public use an application form that waives the requirement
20of a municipality to revise its official plan to accommodate
21nonbuilding subdivisions where there is no present need for
22sewage disposal facilities on a given parcel of land. The

1municipal secretary or chairperson of the municipality shall be
2required, as a ministerial function, to sign a request for
3planning waiver and nonbuilding declaration that has been
4completed and signed by the subdivider and buyer or recipient
5provided that the proposed subdivision:

6(i) meets the requirements of the waiver; and

7(ii) is in compliance with any applicable zoning and
8subdivision and land development ordinances.

9(2) The departmental form shall only require a municipality
10to perform those functions within the scope of this act. The
11purpose of this subsection is to protect the choice of a
12landowner to subdivide the landowner's property when the
13landowner has no intention of developing the property. In the
14event that the owner or recipient of a subdivided parcel that
15has been granted a nonbuilding waiver subsequently desires to
16build upon or develop the property, the owner or recipient shall
17be required to comply with all applicable statutes, regulations
18or ordinances in effect at the time of the desired construction
19or development.

20* * *

21Section 2. This act shall take effect in 60 days.