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.
Lancaster 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, Lancaster
Township may either disapprove the submission and require a resubmission,
or, in the case of minor deficiencies, Lancaster Township may accept
submission of revisions.
Whenever the Zoning Ordinance provides that the use proposed
by the applicant for a subdivision or land development approval shall
constitute a use by special exception or conditional use, or when
a variance from the terms of the Zoning Ordinance 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 plan. The 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 applicant
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.
(1)
All plan applications shall include the following:
(a)
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.
(b)
Two copies of all reports, notifications, and certifications
which are not provided on the plan.
(c)
Two copies of the application form as provided by the Township.
(d)
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.
(2)
Plans which require access to a highway under the jurisdiction of
PennDOT shall include two copies of the plans prepared to support
the application for a highway occupancy permit.
(3)
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.
(4)
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 applicant is responsible for submitting
plans to any other agencies such as the Lancaster County 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 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, the Township staff 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 stormwater management
site plan consisting of a major land disturbance shall be processed
as follows:
(a)
At the first meeting of the Planning Commission after the Township
has determined that the plans and documents contain all information
required by this chapter, and the plan has been reviewed by the Township
Engineer, the Planning Commission will receive a briefing of the project,
which will be limited to:
(b)
After discussion of the plan by the Planning Commission, the
plan will be acted upon by the Supervisors, which shall render its
decision and communicate it to the applicant no 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, the
Township Solicitor, the Lancaster County 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 Supervisors or Code Enforcement Officer, as specified
above (the Township), shall be in writing and shall be communicated
to the applicant personally or mailed to him at his 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 chapter(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 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
a zoning permit is obtained by the applicant in accordance with the
Township Zoning Ordinance, as amended.
G.
Modification of chapter provisions.
(1)
Application requirements. A request for a modification may be submitted to the Township at any time. All requests shall be in writing and be accompanied by a plan prepared to the minimum standards of a minor land disturbance plan (see § 229-35). The written request shall identify:
(a)
The specific section of this chapter sought to be modified.
(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 intent of this chapter and shall not
be contrary to the general public interest.
(2)
Township action.
(a)
A modification request that is submitted as part of an application
for a stormwater management site plan shall be processed along with
the application of which it is a part. The plan processing procedures
outlined in this section shall apply.
(b)
If a modification request is not submitted with an application
for subdivision, land development, lot add-on, or improvement construction
plan, then the processing procedures outlined in this section shall
apply.
(3)
Justification for the modification. The request shall state in full
the grounds and facts of unreasonableness or hardship on which the
request is based.
(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 to extend them conditionally in individual cases
as may be necessary in the public interest; provided, however, that
such modification or extension 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 alternate
proposal will allow for equal or better results. The list of such
modifications shall be included on the plan.
(5)
In granting waivers/modifications from 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. The applicant shall provide
the Township with a record of consultations with PADEP pursuant to
this subsection.
(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.
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 of the stormwater management
site plan.
