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, Stormwater Management Site Plan Requirements.
B. 
Rapho 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, Rapho Township may either disapprove the submission and require a resubmission, or in the case of minor deficiencies, Rapho Township may accept submission of revisions.
Whenever Chapter 350, Zoning, of the Code of the Township of Rapho provides that the use proposed by the applicant for a stormwater management site plan approval shall constitute a use by special exception or conditional use, or when a variance from the terms of Chapter 350, Zoning, is required to develop in accordance with the plan, the applicant shall obtain such special exception, variance or conditional use approval from the Township Zoning Hearing Board or Supervisors, as applicable, prior to the submission of the stormwater management site plan. The stormwater management site plan shall be designed and developed in accordance with any conditions which have been imposed upon the grant of such special exception, variance or conditional use by the Township Zoning Hearing Board or Supervisors, as applicable.
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 Lancaster County Conservation District), and required filing fee. Applications may be filed with the Township on any business day; however, the Township Planning Commission or 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 plan 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, Stormwater Management Site Plan Requirements.
(2) 
Two copies of all reports, notifications, and certifications which are not provided on the plan.
(3) 
Two copies of the application form as provided in the Appendix.
(4) 
Filing and review escrow fees in the amounts as specified on the fee schedule adopted by resolution of the Supervisors and available at the Township office.
(5) 
Two copies of all reports required by Article IV, Stormwater Management Site Plan Requirements.
(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) 
One electronic copy (PDF format) of the information required by § 286-17B(1) through (6).
(8) 
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 Supervisors.
(9) 
Applicants are encouraged to schedule a preapplication meeting to review the overall stormwater management concept with Township staff/engineer. The preapplication 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 Lancaster County Conservation District, PennDOT, PADEP, etc., when approvals or 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 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 ninety-day review procedure 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 Supervisors.
F. 
Plan review process.
(1) 
All complete applications for approval of a plan shall be acted upon by the 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) 
The decision of the Supervisors shall be in writing and shall be communicated to the developer personally or mailed to him at his last known address not later than 15 days following the decision.
(3) 
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.
(4) 
Failure of the Supervisors to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed a disapproval 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.
(5) 
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.
(6) 
No regulated activity may begin until proof of recording of the required operation and maintenance program is presented.
G. 
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.
H. 
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.
A. 
Application requirements. A request for a modification may be submitted to the Township at any time. All requests shall meet the requirements of Article VII, Administration, be in writing and accompanied by a plan prepared to the minimum standards of a minor land disturbance plan (see Article IV, Stormwater Management Site Plan Requirements). The written request shall identify:
(1) 
The specific section of this chapter which is requested to be modified.
(2) 
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.
B. 
Township action.
(1) 
A modification 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. The plan processing procedures outlined in this section shall apply.
(2) 
If a modification request is not submitted with an application for a stormwater management site plan, then the processing procedures outlined in this section shall apply.
C. 
Justification for the modification. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based.
D. 
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 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 that 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 shall be listed on the plan.
E. 
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.
F. 
Where a written erosion and sedimentation control plan associated with land 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.
G. 
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. The applicant shall provide the Township with a record of consultations with PADEP pursuant to this subsection.
H. 
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.