A.
This article sets forth the application requirements for obtaining approval of a stormwater management site plan. The form of the plans referred to in this article and information required to be forwarded with such plans shall be as specified in Article IV.
B.
West Hempfield Township shall not approve any stormwater management
site plan that is deficient in meeting the requirements of this chapter.
At its sole discretion and in accordance with this article, when a
stormwater management site plan is found to be deficient, West Hempfield
Township may either disapprove the submission and require a resubmission,
or in the case of minor deficiencies, West Hempfield Township may
accept submission of revisions.
All applications shall follow these application and processing
requirements.
A.
Formal application/submission deadlines. All applications for approval
of a stormwater management site plan shall be made by the developer
filing an application form, to be supplied by the Township, together
with the appropriate plans. The plan shall include studies, reports,
supporting data (including all plans, reports, and correspondence
with the Conservation District), and required filing fee. Applications
may be filed with the Township on any business day; however, the Planning
Commission or Board of Supervisors will review a plan at a particular
meeting only if the plan was filed at least 15 business days prior
to that meeting.
B.
Application requirements. All applications shall include the following:
(1)
Two copies of the plan(s). All plans shall be either black on white or blue on white paper prints and prepared in conformance with the provisions of Article IV of this chapter.
(2)
Two copies of all reports, notifications, and certifications which
are not provided on the plan.
(3)
Two copies of the application form available in the Township office.
(4)
Filing and review escrow fees in the amounts as specified on the
fee schedule adopted by resolution of the Board of Supervisors and
available at the Township office.
(6)
Plans which require access to a highway under the jurisdiction of
the PennDOT, shall include two copies of the plans prepared to support
the application for a highway occupancy permit.
(7)
The applicant shall provide the Township with five copies of the
most current plan at least five business days before the plan is scheduled
to be reviewed by the Planning Commission or the Board of Supervisors.
(8)
Applicants are encouraged to schedule a pre-application meeting to
review the overall stormwater management concept with Township staff/engineer.
The pre-application meeting is not mandatory and shall not constitute
formal filing of a plan with the Township.
C.
Distribution. The applicant shall submit one copy of the above-required
information to the Township and one copy to the Township Engineer
for their respective reviews. The developer is responsible for submitting
plans to any other agencies such as the Conservation District, PennDOT,
PADEP, etc. when permits from these agencies are required.
D.
Initial application. The Township staff shall have seven business
days from the date of submission of an application to check the plans
and documents to determine if on their face they are in proper form
and contain all information required by this chapter. If defective,
the application shall be returned to the applicant with a statement
explaining the reason(s) of rejection, within 12 business days following
the date of submission by the applicant; otherwise, it shall be deemed
accepted for filing as of the date of submission. Acceptance for filing
shall not, however, constitute a waiver of any deficiencies or irregularities.
Under this section, the applicant may appeal a decision by the Township
staff to the Board of Supervisors.
E.
Amendments or corrections to an application. The Township staff shall
have seven business days from the date of submission of an amended
or corrected application or plan to determine whether such amended
or corrected application results in a substantial amendment to the
plan or if the application or plan filed is/was/has changed so as
to be considered a new plan. If the Township staff determines that
the amended or corrected application constitutes a substantial amendment,
the applicant shall be informed of the determination within 12 business
days from the date of the submission of the amended or corrected application
and the Township staff shall further inform the applicant that the
Township shall consider the review period to have been restarted as
of the date of the filing of the substantial amendment. If the Township
staff determines that the amended or corrected application constitutes
a new plan, he shall so inform the applicant and shall inform the
applicant that a new application and new fees are required. Under
this section, the applicant may appeal a decision by the Township
staff to the Board of Supervisors.
F.
Plan Review Process.
(1)
All complete applications for approval of a stormwater management
site plan consisting of a major land disturbance shall be processed
as follows;
(a)
The Township shall submit copies of the application and supporting
documentation to the Planning Commission and the Township Engineer
for their respective reviews and recommendations.
(b)
After discussion of the plan by the Planning Commission, the
plan will be acted upon by the Board of Supervisors, which shall render
its decision and communicate it to the applicant not later than 90
days following the date the completed application is filed.
(2)
All complete applications for approval of a stormwater management
site plan consisting of a minor land disturbance may be reviewed by
the Code Enforcement Officer, along with the Township Engineer, Township
Solicitor, the Conservation District, and other municipal officials
in order to determine approval, conditional approval, or disapproval
of the application within 90 days from the municipal receipt of an
application.
(3)
The decision of the Board of Supervisors or Code Enforcement Officer,
as specified above (the Township), shall be in writing and shall be
communicated to the developer personally or mailed to him/her at his/her
last known address not later than 15 days following the decision;
(4)
When the application is not approved in terms as filed, the decision
shall specify the defects found in the application and describe the
requirements which have not been met and shall, in each case, cite
the provisions of the ordinance(s) relied upon;
(5)
Failure of the Township to render a decision and communicate it to
the applicant within the time and in the manner required herein shall
be deemed an approval of the application in terms as presented, unless
the applicant has agreed in writing to an extension of time or change
in prescribed manner of presentation or communication of the decision;
in which case, failure to meet the extended time or change in manner
of presentation or communication shall have like effect;
(6)
Approval of a stormwater management site plan by the Township shall
be obtained by the applicant/developer prior to the issuance of a
zoning permit by the Township. No regulated activity may begin until
proof of recording of the required Operation and Maintenance Program
is presented and, if required, a zoning permit is obtained by the
applicant in accordance with the Township Zoning Ordinance, as amended.
G.
Modification or waiver of provisions.
(1)
Application requirements. A request for a modification or waiver may be submitted to the Township at any time. All requests shall be in writing and accompanied by a plan prepared to the minimum standards of a minor land disturbance plan (See § 122-35). The written request shall identify:
(a)
The specific section of this chapter which is requested to be
modified or waived.
(b)
The provisions proposed as an alternate to the requirements.
The alternate provisions must be equal to or better than the requirements
of, and consistent with, the intents of this chapter and shall not
be contrary to the general public interest.
(2)
Township action.
(a)
A modification or waiver request that is submitted as part of
an application for a stormwater management site plan shall be processed
along with that application of which it is a part.
(b)
If a modification or waiver request is not submitted with an
application for a stormwater management site plan, then the processing
procedures outlined in this section shall apply.
(3)
Modification or waiver of provisions. The request shall state in
full the grounds and facts of unreasonableness or hardship on which
the request is based. Cost or financial burden shall not be considered
a hardship.
[Amended 8-4-2022 by Ord. No. 2-22]
(4)
The provisions of this chapter not related to state water quality
requirements are intended as minimum standards for the protection
of the public health, safety, and welfare. The Township reserves the
right to modify or waive or to extend them conditionally in individual
cases as may be necessary in the public interest; provided, however,
that such variation shall not have the effect of nullifying the intent
and purpose of this chapter, and that the applicant shows to the satisfaction
of the Township that the applicable regulation is unreasonable, or
will cause undue hardship, or that an alternative proposal will allow
for equal or better results. The list of such modifications or waivers
shall be listed on the plan.
(5)
In granting waivers/modifications for provisions of this chapter,
the Township may impose such conditions as will, in its judgment,
secure substantially the objectives of the standards and requirements
of this chapter.
(6)
The Township may, after consultation between the applicant and PADEP,
approve measures for meeting the state water quality requirements
other than those in this chapter, provided that they meet the minimum
requirements of, and do not conflict with, state law including, but
not limited to, the Clean Streams Law.[1] The applicant shall provide the Township with a record
of consultations with PADEP pursuant to this paragraph.
(a)
Where a written erosion and sedimentation control plan associated
with earth disturbance of 5,000 square feet to one acre is required,
review of the written erosion and sedimentation control plan shall
constitute satisfaction of consultation with PADEP.
(b)
Where an NPDES permit for stormwater discharges associated with
construction activities is required, issuance of an NPDES permit shall
constitute satisfaction of consultation with PADEP.
[1]
Editor's Note: See 35 P.S. § 691.1.
H.
A disapproved stormwater management site plan may be resubmitted,
with the revisions addressing the Township's concerns, to the Township
in accordance with this article. The applicable review fee must accompany
a resubmission of a disapproved stormwater management site plan.
I.
All stormwater management permits or approvals shall expire 12 months
from the date of issuance unless an extension of time is approved.
An extension of an unexpired stormwater management permit or approval
shall be issued by the Code Enforcement Officer following the submission
of a written request if, in the opinion of the Code Enforcement Officer,
the subject property or affected surrounding area has not been altered
in a manner which requires alteration to the stormwater management
site plan.
