Current through Register Vol. 54, No. 44, November 2, 2024
Section 138l.51 - Seven-year review(a)General. The governing body of the local government unit shall review an ASA 7 years from the date of its creation and every 7 years thereafter, in accordance with the procedure in this section.(b)Advisory bodies to be consulted. The governing body conducting a 7-year review shall request the recommendations of the planning commission, the county planning commission and the advisory committee with respect to the ASA that is being reviewed. The governing body shall seek and obtain these recommendations on its own timetable, but sufficiently in advance of the end of the 7th year to allow a summary of the recommendations of these advisory bodies to be included in the notice described in subsections (c)-(e).(c)Notice required 30 days or more before commencement of review. The governing body conducting a 7-year review shall, at least 30 days prior to the commencement of a 7-year review, provide notice of the 7-year review of the ASA and the public hearing to be held as part of that review.(d)Notice procedure. The notice described in subsection (c) shall be accomplished by doing the following:(1) Publishing a hearing notice in a newspaper having general circulation in the area in which the ASA is located.(2) Providing a written hearing notice to any person owning land within the ASA.(3) Posting a written hearing notice in at least five conspicuous places within, adjacent to or near the ASA.(e)Contents of hearing notice. The hearing notice described in subsection (d) shall contain the following:(1) A statement of the time, date and location of the public hearing.(2) A general description of the ASA being reviewed.(3) A general description of the recommendations of the planning commission, the county planning commission and the advisory committee.(4) Notification that interested persons may, within 30 days of the date of the notice, submit proposed modifications to the ASA to the governing body.(f)Public hearing required between 120 and 180 days before the end of the 7th year. The governing body conducting a 7-year review shall, at least 120 days prior to the end of the 7th year and no more than 180 days prior to the end of the 7th year, conduct a public hearing to review the ASA.(g)Location of public hearing. The public hearing described in subsection (e) shall be held at a place either within the ASA or at a location readily accessible to the ASA-such as a nearby municipal building.(h)Factors to be considered by governing body. The governing body shall consider the factors in § 138l.19(b) (relating to decision of local government unit) in reaching its decision to approve the ASA without change, modify the ASA or terminate the ASA.(i)Decision of governing body. The governing body conducting a 7-year review shall, following the public hearing, approve the ASA without change, modify the ASA or terminate the ASA.(j)Notice of decision. The governing body conducting a 7-year review shall provide notice of its decision in accordance with § 138l.20 (relating to notice of decision of local government unit).(k)Failure to act is deemed to be approval of the ASA without modification. If the governing body fails to complete the steps in subsections (a)-(i) prior to the end of the 7th year, or if a proposed modification to the ASA is rejected, the ASA shall be deemed to be readopted without modification for another 7 years.(l)Recording a modification of an ASA or a termination of an ASA. If the governing body modifies an ASA or terminates an ASA it shall, within 10 days of its decision, file a notice of termination or modification with the following:(1) The recorder of deeds of any county within which the ASA is located.(2) The county planning commission.(3) The planning commission of the local government unit.(m)Responsibility of the recorder. A recorder of deeds receiving a notice of termination or modification of an ASA from a governing body as described in subsection (l) shall record the description in a manner sufficient to give notice to all persons who have an interest in land within the ASA or in lands adjoining the ASA. This section cited in 7 Pa. Code § 138l.31 (relating to adding land to an existing ASA); and 7 Pa. Code § 138l.42 (relating to removing land in the course of the 7-year review or an interim review).