Section 85.42. Department review and approval of a municipality setback ordinance and regulations

(a) The Department will, within 90 days of receiving a written request to approve a bluff setback ordinance and regulations of a municipality, review the proposal pursuant to § 85.37 (relating to contents of ordinance and regulation submitted by municipality).

(b) The Department will, upon ascertaining that the proposed bluff setback ordinance and regulations meet the minimum requirements in § 85.37, notify the municipality of the approval of the ordinance and regulations.

(c) If the Department fails to respond within the allotted 90-day time limit, the ordinance and regulations will be deemed to be approved, and the municipality shall use the ordinance and regulations to enforce the act.

(d) If the Department, during the review of the proposed ordinance and regulations, finds that the ordinance and regulations do not meet the minimum requirements of this chapter, the Department will disapprove the ordinance and regulations and will notify the municipality. The letter will contain the reasons for disapproval and suggestions for correcting the problem. Upon receipt of this letter, the municipality shall have 30 days to correct the problem and resubmit the proposed ordinance and regulations. If the municipality disagrees with the findings of the Department, the municipality may appeal the decision of the Department under the procedures in § 85.61 (relating to appeals).

(e) If the municipality fails to adopt or submit a bluff setback ordinance and regulations to the Department, the Department may institute an action in mandamus to compel the municipality to comply with the act and this chapter.

The provisions of this § 85.42 amended September 18, 2009, effective September 19, 2009, 39 Pa.B. 5415. Immediately preceding text appears at serial page (234488).