Current through Register Vol. 54, No. 44, November 2, 2024
Section 138l.17 - Local government unit action upon receipt of an ASA proposal(a)Acknowledgement of receipt. If a local government unit receives an ASA proposal form by certified mail with return receipt requested, the governing body shall acknowledge receipt of the ASA proposal at its next regular or special meeting. The acknowledgement shall be reflected in the minutes of that meeting.(b)Providing notice. Within 15 days of the date of receipt of an ASA proposal, the local government unit shall provide notice of the ASA proposal by doing both of the following:(1) Publishing a notice that meets the requirements of subsection (c) in a newspaper having general circulation within the proposed ASA.(2) Posting a notice that meets the requirements of subsection (c) in at least five conspicuous places within, adjacent to or near the proposed ASA.(c)Contents of notice. The notices described in subsection (b) shall contain the following information: (1) A statement that an ASA proposal has been filed with the governing body under the act.(2) A statement that the ASA proposal will be on file for public inspection in the office of the local government unit.(3) A statement that the following persons or entities may propose modifications of the proposed ASA: (i) Any local government unit having land within or adjacent to the proposed ASA.(ii) Any landowner who owns land proposed to be included within the ASA.(iii) Any landowner with lands adjacent to or near the proposed ASA.(4) A statement that objections to the proposed ASA or proposed modifications to the proposed ASA shall be filed with the governing body and the planning commission within 15 days of the date of publication of the notice, with an explanation of the filing procedure prescribed by the governing body.(5) A statement that at the termination of the 15-day period described in paragraph (4), the ASA proposal and all proposed modifications will be submitted to the planning commission and the advisory committee, and that thereafter a public hearing will be held on the proposal, proposed modifications and the recommendations of the planning commission and advisory committee.(d)Window for receipt of objections or proposed modifications. The governing body shall receive and consider any proposed modifications of a proposed ASA from the entities described in subsection (c)(3) until no more than 7 days prior to the advertisement of the public hearing described in § 138l.18 (relating to public hearing by local government unit on ASA proposal).(e)Submitting documents to the planning commission and the advisory committee. Upon the termination of the 15-day period described in subsection (c)(4) and (5), the governing body shall submit the ASA proposal and all proposed modifications to the planning commission and the advisory committee for review. The governing body shall retain a record of the date upon which the referenced materials are submitted to these reviewing bodies. This section cited in 7 Pa. Code § 138l.24 (relating to planning commission action with respect to an ASA proposal); and 7 Pa. Code § 138l.25 (relating to advisory committee action with respect to an ASA proposal).