[Ord. 183-2013, 12/2/2013, § 2]
The Township may require the recording in the Office for the Recording of Deeds, Chester County, Pennsylvania, of all stormwater management plans, together with any easements and/or operation and maintenance agreements entered into between and among the Township, any landowner, or affected property owner, and further may require the additional recording of any "as-built" plan of stormwater management after final inspection and approval by the Township, in the manner provided for the recording of plans in the Subdivision and Land Development Ordinance [Chapter 22].
[Ord. 183-2013, 12/2/2013, § 2]
1.
The requirements of this Part are essential and shall be strictly adhered to. For any regulated activity where, after a close evaluation of alternative site designs, it proves to be impracticable to meet any one or more of the mandatory minimum standards of this Part on the site, the Township may approve measures other than those in this Part, subject to Subsections 2 and 3.
2.
The governing body shall have the authority to waive or modify the
requirements of one or more provisions of this Part if the literal
enforcement will exact undue hardship because of peculiar conditions
pertaining to the land in question, provided that such modification
will not be contrary to the public interest and that the purpose and
intent of the Part is observed. Cost or financial burden shall not
be considered a hardship. Modification may also be considered if an
alternative standard or approach can be demonstrated to provide equal
or better achievement of the results intended by the Part. A request
for modification shall be in writing and accompany the SWM site plan
submission. The request shall state in full the grounds and facts
on which the request is based, the provision or provisions of the
ordinance involved and the minimum modification necessary.
3.
For any proposed regulated activity involving earth disturbance equal
to or greater than one acre, the Township may approve measures for
minimum volume and infiltration control other than those required
in this Part only after consultation with and evaluation by PADEP
that the alternate site design meets state water quality requirements
and does not conflict with state law, including, but not limited to,
the PA Clean Streams Law, 35 P.S. § 691.1 et seq.
