If the request for a plan modification is initiated before construction
begins, the stormwater management plan must be resubmitted and reviewed
according to the procedures, contained in this chapter, effective
the time of resubmission.
A. If the request for a plan modification is initiated after construction
is underway, the Borough Engineer and/or the WCD shall have the authority
to approve or disapprove the modification based on field conditions;
provided:
(1) The requested changes in stormwater controls do not result in any
modifications to other approved Borough land use/development requirements
(e.g., building setbacks, yards, etc.).
(2) The performance standards in this chapter are met. Notification of
the Borough Engineer's and/or WCD's action shall be sent
to the Irwin Borough Council, which may issue a stay of the plan modification
within five days and require the permittee to resubmit the plan modification
for full stormwater management plan review in accordance with this
chapter.
B. It shall be unlawful to, and no person shall, alter, replace, modify,
landscape or remove, or otherwise adversely affect, any permanent
stormwater management facilities, BMP controls, or any area within
a stormwater easement or dedicated or designated area for stormwater
facilities and BMPs required by an approved stormwater management
plan, BMP operations and maintenance plan, or to allow the property
to remain in a condition which does not conform to an approved stormwater
management plan, BMP operations and maintenance plan, unless an exception
is granted in writing by the Borough and/or approval is secured from
all relevant agencies of the commonwealth.