Land Use Review Process Summary

 

 

The Land Use Review Process

 

 

1)                  Is the application for a project on the affected authorizations list?

a.       Yes – Applicant must answer all Land Use GIF questions and the municipality and county must be notified (Act 14 where applicable or DEP notification.)

b.      No – Applicant does not need to fill out Land Use section of GIF.

2)                  30-day municipal comment period

a.       Staff technical review continues concurrently with review period

3)                  Municipal comments – due 30 days after date of receipt by municipality/county

a.       No – continue with normal project evaluation

b.      Yes – staff will notify Policy Office by faxing comments to Policy Office and placing the project in the Weekly Report

4)                  Policy Office Review

a.       Does the GIF trigger applicability under Section 619.2 (a)?

                                                                           i.      No – Proceed to step 4 (b)

                                                                         ii.      Yes –

1.      Send certification letter to municipality

2.      If municipality will not certify, plans and ordinances will be deemed consistent

3.      Proceed to step 4 (c)

b.      Does the GIF trigger applicability under Section 619.2 (c) or 1105?

                                                                           i.      No – Notify staff to proceed with normal evaluation.

                                                                         ii.      Yes – Proceed to step 4 (c)

c.       Positive municipal certification, deemed consistency, or applicability under Sections 619.2 (c) or 1105:

                                                                           i.      Policy Office will proceed with land use evaluation in accordance with the land use policy.

                                                                         ii.      Policy Office will notify program staff of results

1.      Proceed with normal evaluation

2.      Deny application

3.      Place conditions in permit that address the conflict

d.      Policy Office will provide language for regional offices to use in a comment response document.

 

Program Staff Responsibility

 

o       Check all application GIFs to ensure that the land use section is completed, when required.

o       Check all Act 14 notices for affected authorizations to ensure that they include the land use language and completed GIF and a proof of notice has been submitted.

o       Enter all land use information from the GIF into eFACTS

o       Make no permit decisions within the initial 30-day municipal comment period, unless municipal comments are received.

o       If municipal comments are received regarding land use, a notation should be made in eFACTS, a copy of the comments should be faxed to the Policy Office and the project should be listed in the Weekly Report. 

o       Once the Policy Office has been notified, program staff should continue to conduct technical review of the application, but should make no permit decision until the Policy Office notifies the program of the results of the review.

 

Policy Office Responsibility

 

Review applications where a land use conflict has been identified and coordinate a resolution.

 

Notify program of results of review.

           

Applicant Responsibility

 

o       Determine whether the proposed project is for an authorization type on the list of affected permits.

o       Determine whether the proposed project is a change in the use of the land or changes the “footprint” of a facility.

 

o       If the answer to either question is no, the applicant does not need to answer the land use questions in the GIF.

 

o       If the answer to both questions is yes, the applicant must complete the land use section of the GIF.  If the application requires an Act 14 notice, the applicant must ensure that the notice includes the land use language described in the Policy, and must submit a copy of the completed GIF with the notice.  The applicant will also submit proof of notification of the county and municipality as part of the application.

 

Municipal/County Responsibility

 

o       Review the GIF.

o       If the municipality or county wants to comment on the land use aspects of the project, a letter should be sent to the regional DEP office handling the project within 30 days from date of receipt of notice with GIF.  The comment letter should be as specific as possible about any conflicts between the proposed project and the comprehensive plans and zoning ordinances of the county or municipality.

o       DEP will only rely on county and municipality comments for projects located in municipalities where there is a county comprehensive plan, a municipal comprehensive plan or joint municipal plan and zoning ordinances or joint zoning ordinances, and where all of these elements are generally consistent, all as described in the MPC.  It is the responsibility of the municipality to certify to DEP whether or not the plans and zoning ordinances are generally consistent.