Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 11701.438. Final essential services plan

(1) The administrator shall consider all timely submitted written comments, comments presented at the public meeting and requests for revision in the amendment of the publicly presented proposed essential services plan before publishing a final essential services plan.

(2) In the event that the administrator does not incorporate the requests for revision by the members of the governing body of the municipality regarding the levels of services provided under the proposed essential services plan or the basis for the calculation of fees assessed under the proposed essential services plan, the administrator shall state in the proposed essential services plan why the requested revisions were not feasible to incorporate in the final essential services plan.

(1) Any person aggrieved by the final essential services plan may appeal the plan to the court of common pleas within 30 days of notice of the filing of the final essential services plan.  For purposes of this section, notice shall constitute the date that the person received actual notice of the final essential services plan, or the date that notice of the filing of the final essential services plan is first published in a newspaper with general circulation serving the area in which the municipality is located.

(2) No appeal of a final essential services plan shall constitute an automatic stay of the essential services plan.

(3) The appeal shall be sustained only where the court finds that the final essential services plan is unlawful or unconstitutional, or the conduct of the administrator is arbitrary or capricious.