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.
Manheim Borough shall not approve any SWM site plan that is deficient
in meeting the requirements of this chapter. At its sole discretion
and in accordance with this article, when an SWM site plan is found
to be deficient, Manheim Borough may either disapprove the submission
and require a resubmission or, in the case of minor deficiencies,
Manheim Borough may accept submission of revisions.
Whenever the Zoning Ordinance[1] 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 Borough Zoning Hearing
Board or Borough Council, 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 Borough Zoning Hearing
Board or Borough Council, 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 Borough, 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 the required
filing fee. Applications may be filed with the Borough on any business
day; however, the Borough Planning Commission or Borough Council 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 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 as provided by the Borough.
(4)
Filing and review escrow fees in the amounts as specified on the
fee schedule adopted by resolution of the Borough Council and available
at the Borough 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 Borough 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 Borough Council.
(8)
Applicants are encouraged to schedule a preapplication meeting to
review the overall stormwater management concept with the Borough
staff/Engineer. The preapplication meeting is not mandatory and shall
not constitute formal filing of a plan with the Borough.
C.
Distribution. The applicant shall submit one copy of the above-required
information to the Borough and one copy to the Borough Engineer for
their respective reviews. The developer is responsible for submitting
plans to any other agencies, such as the Lancaster County Conservation
District, PennDOT, DEP, etc., when permits from these agencies are
required.
D.
Initial application. The Borough 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 Borough
staff to the Borough Council.
E.
Amendments or corrections to an application. The Borough 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 Borough 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 Borough staff shall further inform the applicant that the
Borough shall consider the ninety-day review procedure to have been
restarted as of the date of the filing of the substantial amendment.
If the Borough 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 Borough
staff to the Borough Council.
F.
Plan review process.
(1)
All complete applications for approval of a plan shall be acted upon
by the Borough Council, 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 Borough Council 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 Borough Council to render a decision and communicate
it to the applicant within the time and in the manner required herein
shall be 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 Borough shall
be obtained by the applicant/developer prior to the issuance of a
zoning permit by the Borough. No regulated activity may begin until
proof of recording of the required ownership and maintenance program
is presented and a zoning permit is obtained by the applicant in accordance
with the Borough Zoning Ordinance, as amended.
G.
Procedure for modifications of the provisions of this chapter to
be applied to the submitted plan.
(1)
Application requirements. A request for a modification may be submitted to the Borough 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 § 187-20). The written request shall identify:
(a)
The specific section of this chapter which is requested 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 intents of, this chapter and shall not
be contrary to the general public interest.
(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.
(2)
Borough action.
(a)
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.
(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.
H.
A disapproved SWM site plan may be resubmitted, with the revisions
addressing the Borough's concerns, to the Borough in accordance with
this article. The applicable review fee must accompany a resubmission
of a disapproved SWM 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.
