#613 Planning Basics Chapter 2: The Official Plan

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1 CHAPTER OBJECTIVES: After completing this chapter, you will be able to... Describe what a sewage facilities offi cial plan is and the type of information that must be included in the plan. Explain the difference between an offi cial plan and a comprehensive plan. Explain who is responsible for an offi cial plan and when the plan needs to go through an update revision or be revised. Describe the difference between an offi cial plan update revision and an offi cial plan revision The workbook and self-study guide were designed to be viewed together. Within these two documents, you will be given directions on when to move back and forth between the two books. The self-study guide presents the course content, and the workbook contains activities and exercises to complete and also provides a place to take notes. The course was designed so that you print out the workbook and needed resources. That way you can take notes and complete activities and exercises in the hard copy of the workbook as you view the self-study guide on the computer. To begin each chapter, review the opening pages in the workbook. The first two pages of each workbook chapter contain the chapter objectives, checklists to help you organize your work, an estimated time for completing the chapter, and a list of the resources needed to successfully complete the course work for each chapter

2 The Official Plan As we learned in the last chapter, Act 537 requires every municipality in the state to have an offi cial plan, which may be developed alone or jointly with other municipalities. Offi cial plans provide for the following: resolution of existing sewage disposal problems, sewage disposal needs of new land development, and future sewage disposal needs of the municipality. OFFICIAL PLAN CONTENT Title 25, Section 71.21, provides a detailed explanation of what the offi cial plan must document and the types of maps required to support an offi cial plan. Municipalities typically have an engineering fi rm or other consultant prepare the offi cial plan, but it is still important for an SEO to understand what needs to be documented and where to locate these requirements in the regulations. The official plan is usually in book form and includes maps that provide sewage-related information about the municipality

3 The Official Plan OFFICIAL PLAN CONTENT (continued) The regulations require a municipality to describe and analyze information about the municipality s... 1) Planning area boundaries and political subdivision boundaries 2) Physical characteristics of the planning area (streams, lakes, etc.) 3) Soils and geological features 4) Current and historical population 5) Wetlands 6) Potable water supplies This information sets the framework to understand the needs of the municipality in relation to sewage disposal. Open the Title 25 regulations and review Section to learn about the content of an official plan

4 OFFICIAL PLAN CONTENT Official Plan Maps Maps are used to support and visually show the results of the analyses that were obtained while developing or revising an Act 537 offi cial plan. The following maps are examples of what a typical offi cial plan may include to support the data contained in the document. This is not an all-inclusive list, and it is not mandatory for all of these maps to be included in an offi cial plan. Each plan will be as unique as the municipality it serves. The maps may include the entire municipality or only part of it. PLANNING AREA ~ Clearly outlines the boundary of the planning area(s) served by the offi cial plan. This map may or may not also include an indication of areas served by public sewer. Title 25, Section 71.21(a)(1)(i) ZONING ~ Indicates the types of zoning throughout the planning area. Examples might include agricultural, commercial, residential, open space, industrial zone, etc. Title 25, Section 71.21(a)(3)(i-iii)

5 OFFICIAL PLAN CONTENT Official Plan Maps (continued) TOPOGRAPHY, FLOODPLAINS, WETLANDS ~ Shows the location of any known waterways, lakes, fl oodplains, or wetlands and also includes the general topography of the planning area by showing contour lines. Title 25, Section 71.21(a)(1)(ii) & (v) LIMITATIONS FOR ONLOT SEWAGE DISPOSAL ~ Illustrates where each of the following soil and slope limitations are located within the planning area: soils suitable for in-ground onlot systems, soils requiring elevated onlot systems, and soils that are generally unsuitable for onlot systems. Title 25, Sections 71.21(a)(1)(iii) & 71.21(a)(2)(ii) GEOLOGY ~ Indicates the soil classifi cations and rock formations present throughout the planning area. Title 25, Sections 71.21(a)(1)(iii) & 71.21(a)(2)(ii)(c)

6 OFFICIAL PLAN CONTENT Official Plan Maps (continued) FECAL COLIFORM & TOTAL COLIFORM BACTERIA ~ Shows locations where well testing revealed fecal and/or total coliform bacteria present in excess of approved levels. NITRATE NITROGEN ~ Shows locations where well testing revealed nitrate-nitrogen contamination levels. AGRICULTURAL SOILS ~ Outlines any areas deemed to be prime farmland, which is land best suited for producing agricultural crops. Fecal coliform testing measures mostly Escherichia coli (E. coli) bacteria, which is found in the stool of humans and other warmblooded animals. Total coliform is an indicator bacteria, which also exists naturally in the soil, vegetation, and the intestines of warmblooded animals. EXISTING NEEDS IDENTIFICATION ~ Illustrates locations served by public sewer, locations with confi rmed, suspected, or potential malfunctions, and locations currently using holding tanks

7 OFFICIAL PLAN CONTENT Official Plan Maps (continued) SUBDIVISION ACTIVITY ~ Indicates subdivisions that have occurred since the last update revision. GROWTH AREAS ~ Illustrates areas of expected growth (development) within fi ve years and ten years after the offi cial plan was drafted. PUBLIC WASTEWATER ALTERNATIVES ~ Visually outlines how the municipality plans to deal with its expected growth and development. Typically, this will be conducted in phases that match the pattern of expected growth. Although SEOs are not responsible for the official plan, they are still a part of the process used to revise and maintain this document. Therefore, if you have not done so already, we encourage you to review the municipality s official plan located in your service area. The offi cial plan contains much more detail and text than just a series of maps. But in a nutshell, these maps are what the offi cial plan will tell you about current and future sewage needs in a municipality

8 The Official Plan ADDITIONAL PLANNING CONSIDERATIONS Upon review of offi cial sewage facilities planning content and maps, it should be easy to understand why sewage planning should not be done in a vacuum. An offi cial plan should take into consideration (and be designed to support) other planning venues within the municipality, such as transportation projects, stormwater management, farmland preservation, and educational infrastructure. Typically, a municipality incorporates these other types of land planning endeavors into a document called a comprehensive plan. A comprehensive plan is a document with maps, charts, and descriptive text that serves as a blueprint for guiding total growth in a municipality (roads, schools, utilities, etc.). Under the Municipalities Planning Code (Act 247, commonly referred to as the MPC), municipalities are given the authority to exercise optional land use controls through comprehensive planning, zoning, subdivision ordinances, and ordinances. Chapter 2 Resources contains a PDF of the MPC

9 The Official Plan COMPREHENSIVE PLAN VS. OFFICIAL PLAN A comprehensive plan may seem very much like an offi cial plan, but there are two important differences between these documents: 1) A comprehensive plan addresses overall planning in a municipality, including land use, transportation, facilities, and utilities. Official plans may also be referred to as base plans, Act 537 plans, or sewer plans. The term sewer plans should be discouraged because it implies only central sewers. An official plan only addresses sewage facilities planning in a municipality. 2) Under Act 247 (Municipalities Planning Code), a comprehensive plan is optional. Under Act 537 (Pennsylvania Sewage Facilities Act), an official plan is required by all municipalities

10 The Official Plan COMPREHENSIVE PLAN VS. OFFICIAL PLAN (continued) If a municipality chooses to enact comprehensive planning, then the zoning and subdivision ordinances within the comprehensive plan should be coordinated with the municipality s offi cial plan. Ideally, both plans should be coordinated in support of each other. Go to Chapter 2 Workbook to complete the following exercise: EXERCISE 2-1: Official Plans vs. Comprehensive Plans

11 The Official Plan BIRTH OF AN OFFICIAL PLAN Title 25, Section When a municipality originally created its offi cial plan, the elected municipal offi cials reviewed the document in its entirety. When the content was agreed upon to be accurate and acceptable, these same offi cials voted to adopt the plan by resolution on behalf of their municipality. But, that was just the fi rst step in the process. Approximately one-third of Pennsylvanians use onlot sewage disposal. Therefore, sewage planning must address both onlot and sewerage facilities. Once the offi cial plan was accepted by the municipal offi cials, it was ready to begin the approval process required by DEP. This process is outlined in Title 25, Section of the regulations. Go to Chapter 2 Workbook to complete the following exercise: EXERCISE 2-2: Official Plan Approval

12 The Official Plan DEP REVIEW After the municipality reviews and adopts the offi cial plan as described in Title 25, Section 71.31, of the regulations, the plan is sent to DEP for review. DEP then approves or disapproves the plan. If the plan is approved, it is considered complete and can be implemented. If it is disapproved, then the municipality must make corrections and resubmit the plan to DEP. Regardless of who actually drafted the fi rst offi cial plan, ultimately the local elected offi cials currently in offi ce are responsible for maintaining and keeping the document up-to-date

13 The Official Plan GROWING PAINS REVISIONS TO THE OFFICIAL PLAN For an offi cial plan to remain useful and to accurately refl ect the current and future sewage disposal needs of the planning area, it needs to evolve along with the area it serves. When the planning area grows with new development or new infrastructure, so must the offi cial plan. At a minimum, DEP requires municipalities to revise offi cial plans when... 1) The overall plan or a part of the plan is inadequate. This requires an update revision. An update revision to an existing official plan is required when DEP or a municipality determines the official plan or one or more of its parts to be inadequate for the existing or future sewage facilities needs of a municipality or its residents or landowners. A revision for new land development refers to when a municipality s official plan is revised to include a proposed subdivision as defined in the act. 2) New sewage facilities are proposed. This requires a revision for new land development

14 GROWING PAINS REVISIONS TO THE OFFICIAL PLAN Update Revision A Major Overhaul When an offi cial plan, or any part of that plan, is deemed (by DEP or the municipality) to be inadequate to meet the area s sewage needs, the entire plan or the inadequate parts of the plan must be revised. The process of updating all or part of an offi cial plan to ensure it is adequate and up-to-date is called an update revision. The update revision procedure is typically a long and somewhat expensive project to undertake because the municipality usually must request the assistance of engineering or surveying companies to complete this task. Often, new studies are required to assess the current needs and to address the current issues or shortfalls within the planning area. Due to the technical nature and expense of update revisions, they are not performed as often as they should. Evidence of this is refl ected on a map created and maintained on the DEP Web site. This map outlines each municipality across the state and shows how long it has been since its last recorded update revision. Some offi cial plans have not undergone an update revision in more than 40 years!

15 GROWING PAINS REVISIONS TO THE OFFICIAL PLAN Update Revision A Major Overhaul (continued) When municipal officials prepare an update revision, they need to follow the same process as when the offi cial plan was originally created. The municipal approval process required by regulation in Title 25, Section 71.31, is once again followed. Then, the update revision is submitted to DEP for approval. Revisions for New Land Development Tune-Up/Minor Repairs When sewage facilities or new land developments are proposed within the planning area, municipalities use documents to go through a planning process. These changes, driven by new land development, will be included in the offi cial plan when it goes through an update revision. Each planning activity has different rules and criteria, and all require some type of paperwork

16 Revisions for New Land Development Tune-Up/Minor Repairs WHEN MUST AN OFFICIAL PLAN BE REVISED? Title 25, Section 71.51(a) The regulations require offi cial plans to be revised for sewage planning when the following occurs: New Land Development Subdivision of land Equivalent subdivision of land Official Plan Found to be Inadequate Use of retaining tanks (not for repairs) Newly Discovered or Changed Facts DEP Permit Required Under Clean Streams Law (new land development or malfunction resolution) Spray irrigation system (large systems) Small fl ows system (<2,000 gpd) Pumping station Large-volume onlot sewage systems (>10,000 gpd) Note: In some instances, an exemption from sewage facilities planning may be requested from DEP. Exemptions will be covered in detail later in the course. A subdivision occurs when one lot is divided into two or more separate lots. An exemption allows land to be subdivided without a revision to the official plan. The developer seeking an exemption does not complete a planning module

17 WHEN MUST AN OFFICIAL PLAN BE REVISED? When Is Planning Required? New Land Development The regulations require planning to occur whenever new land development is proposed. This requirement covers... 1) Subdivision of land 2) Equivalent subdivision of land 1) Subdivision of Land Sewage facilities planning is required when a tract of land is to be physically subdivided and the proposed subdivision calls for onlot sewage disposal. Typically, in this type of subdivision, a developer will take a tract of land and divide it into multiple lots. These lots could be for residential or nonresidential use. Title 25, Section 71.1: A subdivision is the division or redivision of a lot, tract or other parcel of land into two or more lots, tracts, parcels or other division of land, including changes in existing lot lines. The enumerating of lots shall include as a lot that portion of the original tract or tracts remaining after other lots have been subdivided

18 When Is Planning Required? New Land Development 1) Subdivision of Land (continued) Sewage facilities planning is also required under this subdivision provision if no physical subdivision of land is to occur but two building sites using onlot sewage disposal are proposed on one lot. This could be two detached-single family dwellings, one detached single-family dwelling and one nonresidential facility, or two nonresidential facilities. In this case, the lot is not physically being subdivided, but under the defi nition of a lot, two building sites on one lot would be considered a subdivision. Title 25, Section 71.1:A lot is part of a subdivision or a parcel of land used as a building site or intended to be used for building purposes, whether immediate or future, which would not be further subdivided. Whenever a lot is used for a multiple-family dwelling or for commercial, institutional, or industrial purposes, the lot shall be deemed to have been subdivided into an equivalent number of single-family residential lots as determined by estimated sewage flows

19 When Is Planning Required? New Land Development 2) Equivalent Subdivision of Land In this second type of new land development, no physical subdivision of land is to occur. This provision for planning only applies to multiple-family dwellings or commercial, institutional, or industrial development. Consider this provision within the defi nition of a lot: Whenever a lot is used for a multiple-family dwelling or for commercial, institutional, or industrial purposes, the lot shall be deemed to have been subdivided into an equivalent number of single-family residential lots as determined by estimated sewage fl ows. Remember that under Title 25, Section 73.16, of the regulations, a single-family residential dwelling (with three bedrooms) has an estimated minimum sewage fl ow of 400 gpd. Examples: A proposal calls for an apartment building with four units (1 unit = 400 gpd). This would be considered a four-lot equivalent subdivision (400 gpd x 4), because this one lot would have the equivalent fl ow of four single-family homes. A proposal calls for a commercial facility with an estimated sewage flow of 1,200 gpd. This would be considered a three-lot equivalent subdivision (1,200 gpd 400 gpd = 3) because this one lot would have the equivalent flow of three single-family homes

20 When Is Planning Required? New Land Development 2) Equivalent Subdivision of Land (continued) Using the defi nition of a lot, sewage facilities planning is required when either of the following occurs: A new structure is proposed that will generate an estimated sewage fl ow of 800 gpd or more. An existing structure will be expanded, and the sewage fl ow is expected to increase by 400 gpd or more, which would increase the total fl ow for the structure to 800 gpd or more. Remember that for multiple-family dwellings and commercial, institutional, or industrial development, the sewage fl ows are calculated to the equivalent number of single-family residential lots. This equivalent number of lots is considered an equivalent dwelling unit (EDU). Under Title 25, Section 71.1, of the regulations, an EDU has a fl ow equal to 400 gallons per day. If, for example, a proposed commercial lot estimates a sewage fl ow of 800 gpd, then it would be considered a two-lot equivalent subdivision (800 gpd 400 gpd = 2). For planning purposes, the 800 gpd is equivalent to two detached single-family dwellings on one lot. Note: Chapters 4 and 5 will have examples of the equivalent subdivision and will review how to determine if planning needs to be completed under these circumstances

21 When Must an Official Plan Be Revised? Tune Up/Minor Repairs OFFICIAL PLAN REVISION DOCUMENTS The documents used to revise the offi cial plan for proposed sewage facilities are called planning modules. There are several different versions of these forms, but all of them were created to facilitate the planning process. Their purpose is to... Determine if adequate, long-term sewage facility options are available for the proposal. Determine if the proposed sewage facilities match the facilities identifi ed in the offi cial plan. Provide a means to revise the offi cial plan if the proposed sewage facilities do not match the facilities indicated for the planning area. A planning module is a detailed form developed by DEP for the purpose of recording the data required to determine if proposed sewage facilities are adequate for the area being developed. A planning module helps to assure that the applicant has addressed all the information required by Title 25, Section Approved planning modules are also used by municipalities to document the changes to the official plan that were approved between update revisions

22 When Must an Official Plan Be Revised? Tune Up/Minor Repairs OFFICIAL PLAN REVISION DOCUMENTS (continued) Other purposes of the planning modules are to... Document approved sewage facilities proposals. Municipalities must maintain and retain these documents as offi cial records. Indicate the current status of proposed land development when changes occur after the most recent update revision to the offi cial plan. The next chapter will discuss the planning process and paperwork in much greater detail by explaining how the paperwork is requested and received and how the determination is made for which planning form to use

23 KEY POINTS Every municipality in the state is required by Act 537 to have a sewage facilities offi cial plan. This plan addresses the current and future sewage facility needs of a municipality. The Municipal Planning Code (Act 247) gives municipalities the option to develop a comprehensive plan. A comprehensive plan addresses overall planning, including land use, transportation, facilities, and utilities. A municipality s comprehensive plan should support the municipality s offi cial plan. The elected municipal offi cials are responsible for keeping an offi cial plan up-to-date. The offi cial plan must undergo an update revision any time the plan (or any part of the plan) is deemed to be inadequate. The offi cial plan must be revised any time it is considered inadequate, new development is proposed, or a department-issued permit is required