Current through Register Vol. 54, No. 45, November 9, 2024
Section 138l.52 - Interim review(a)Discretion. If 10% or more of the land within an ASA is diverted to residential or nonagricultural commercial development at any time prior to a 7-year review of the ASA, the governing body may review the ASA and consider modifying or terminating the ASA, in accordance with the procedure in this section.(b)Advisory bodies to be consulted. If the governing body elects to pursue the interim review described in subsection (a), it shall request, in writing, that the planning commission, the county planning commission and the advisory committee review the ASA and make recommendations with respect to modification or termination of the ASA within 30 days of receiving the written request.(c)Responsibility of advisory bodies. The advisory bodies referenced in subsection (b) shall issue written recommendations within 30 days of receiving a request for recommendations from the governing body.(d)Public hearing requirements. If the governing body elects to pursue the interim review described in subsection (a), it shall conduct a public hearing no sooner than 45 days after it submits its request for recommendations to the planning commission, the county planning commission and the advisory committee. The governing body shall provide the same notice for the public hearing as is described in § 138l.18(b) and (c) (relating to public hearing by local government unit on ASA proposal).(e)Location of public hearing. The public hearing described in subsection (d) shall be held at a place either within the proposed ASA or at a location readily accessible to the proposed ASA-such as a nearby municipal building. 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).