Current through Register Vol. 54, No. 12, March 23, 2024
(a)
Public hearing required.
The governing body shall hold a public hearing on an ASA proposal or proposed
modification of an ASA. The public hearing shall be scheduled after the earlier
of the following:
(1) Receipt of both the
report of the planning commission, as described in §
138l.24 (relating to planning
commission action with respect to an ASA proposal) and the report of the
advisory committee, as described in §
138l.25 (relating to advisory
committee action with respect to an ASA proposal).
(2) The expiration of the 45-day review
periods afforded the planning commission under §
138l.24(b) and the
advisory committee under §
138l.25(b).
(b)
Hearing notice required.
The governing body shall provide notice of the public hearing described in
subsection (a) by doing the following:
(1)
Publishing a hearing notice in a newspaper having general circulation in the
proposed ASA.
(2) Providing a
written hearing notice to the following:
(i)
Any landowner who proposed a modification to the ASA.
(ii) Any person owning land included in the
proposed modifications to an existing ASA.
(iii) Any person owning land included within
the proposed ASA.
(3)
Posting a written hearing notice in at least five conspicuous places within,
adjacent to or near the proposed ASA or the proposed modifications.
(c)
Contents of hearing
notice. The hearing notice described in subsection (b) shall contain
the following:
(1) A statement of the time,
date and location of the public hearing.
(2) A description of the proposed ASA, and
any proposed additions or deletions.
(3) A summary of the recommendations
contained in the reports of the planning commission and the advisory committee.
If the planning commission did not render its report within the 45-day period
described in §
138l.24(b), or the
advisory committee did not render its report within the 45-day period described
in §
138l.25(b), the
notice shall report this fact and indicate that the reviewing body is deemed to
have given its approval to the proposed ASA or proposed
modifications.
(4) A statement that
the public hearing will be held concerning the following:
(i) The original ASA proposal.
(ii) Any written amendments proposed during
the review period.
(iii) Any
recommendations proposed by the planning commission or the advisory
committee.
(d)
Location of public hearing. The public hearing described in
subsection (a) 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.17 (relating to local
government unit action upon receipt of an ASA proposal); and 7 Pa. Code §
138l.52 (relating to interim
review).
