For any of the activities regulated by this chapter, the preliminary
or final approval of subdivision and/or land development plans, the
issuance of any building or occupancy permit, the commencement of
any earth disturbance or activity may not proceed until the property
owner or applicant or his/her agent has received written approval
of an SWM site plan from the municipality and an approval of an adequate
erosion and sediment (E&S) control plan review from the municipality
or County Conservation District.
The municipality requires submission of a complete SWM site
plan, as specified in this chapter.
A. Proof of application or documentation of required permit(s) or approvals
for the programs listed below shall be part of the plan:
(1) NPDES permit for stormwater discharges from construction activities.
(2) Any other permit under applicable state or federal regulations.
B. Six paper copies of the SWM site plan and two digital (e.g., PDF
on compact disks) copies of the SWM site plan, accompanied by the
requisite municipal review fee, as specified in this chapter, shall
be submitted to Warrington Township. The Township shall distribute
the SWM site plan as indicated below:
(1) Two paper copies and one digital copy to the municipality.
(2) Two paper copies to the County Conservation District.
(3) One paper copy and one digital to the Township Engineer.
(4) One paper copy to the County Planning Commission/Department if the
regulated activity is also required to submit a subdivision and/or
land development plan to the County Planning Commission in accordance
with the Pennsylvania Municipalities Planning Code.
C. Any submissions to the agencies listed above that are found to be
incomplete shall not be accepted for review and shall be returned
to the applicant with a notification in writing of the specific manner
in which the submission is incomplete.
D. Additional copies shall be submitted as requested by the municipality
or PADEP.
A modification to a submitted SWM site plan that involves a change in SWM BMPs or techniques, or that involves the relocation or redesign of SWM BMPs, or that is necessary because soil or other conditions are not as stated on the SWM site plan as determined by the municipality shall require a resubmission of the modified SWM site plan in accordance with this Article
IV.
A disapproved SWM site plan may be resubmitted, with the revisions addressing the municipality's concerns, to the municipality in accordance with this Article
IV. The applicable review fee must accompany a resubmission of a disapproved SWM site plan.
[Added 7-12-2022 by Ord.
No. 2022-O-07]
Any permit or authorization issued or approved based on false,
misleading, or erroneous information provided by an applicant is void
without the necessity of any proceedings for revocation. Any work
undertaken or use established pursuant to such permit or other authorization
is unlawful. No action may be taken by a board, agency or employee
of the municipality purporting to validate such a violation.
[Added 7-12-2022 by Ord.
No. 2022-O-07]
A. If the municipality determines that any requirement under this chapter cannot be achieved for a particular regulated activity, the Township may, after an evaluation of alternatives, approve measures other than those in this chapter, subject to §
288-21.2B and
C.
B. Waivers or modifications of the requirements of this chapter may
be approved by the municipality if enforcement will exact undue hardship
because of peculiar conditions pertaining to the land in question,
provided that the modifications will not be contrary to the public
interest and that the purpose of the chapter is preserved. Cost or
financial burden shall not be considered a hardship. Modification
may be considered if an alternative standard or approach will provide
equal or better achievement of the purpose of the chapter. A request
for modifications shall be in writing and accompany the stormwater
management site plan submission. The request shall provide the facts
on which the request is based, the provision(s) of the chapter involved
and the proposed modification.
C. No waiver or modification of any regulated stormwater activity involving
earth disturbance greater than or equal to one acre may be granted
by the municipality unless that action is approved in advance by the
Department of Environmental Protection (DEP) or the delegated county
conservation district.
The municipality's approval of an SWM site plan authorizes the regulated activities contained in the SWM site plan for a maximum term of validity of five years following the date of approval. The municipality may specify a term of validity shorter than five years in the approval for any specific SWM site plan. Terms of validity shall commence on the date the municipality signs the approval for an SWM site plan. If an approved SWM site plan is not completed according to this section within the term of validity, the municipality may consider the SWM site plan disapproved and may revoke any and all permits. SWM site plans that are considered disapproved by the municipality shall be resubmitted in accordance with §
288-21 of this chapter.