[Ord. 2014-03, 9/8/2014]
For any of the regulated activities of this chapter, prior to
the preliminary approval of subdivision and/or land development plans,
or the issuance of any permit, or the commencement of any regulated
earth disturbance activity, the owner, subdivider, developer or his
agent shall submit a drainage plan and receive municipal approval
of the plan.
[Ord. 2014-03, 9/8/2014]
Exemptions from the drainage plan requirements are as specified in §
23-106.
[Ord. 2014-03, 9/8/2014]
The municipality may hear requests for waivers where it is alleged
that the provisions of this chapter inflict unnecessary hardship upon
the applicant. The waiver request shall be in writing and accompanied
by the requisite fee based upon a fee schedule adopted by the municipality.
A copy of the waiver request shall be provided to each of the following:
municipality, Municipal Engineer, Municipal Solicitor and Lehigh Valley
Planning Commission. The request shall fully document the nature of
the alleged hardship.
1. The municipality may grant a waiver provided that all of the following
findings are made in a given case:
A. That there are unique physical circumstances or conditions, including
irregularity of lot size or shape, or exceptional topographical or
other physical conditions peculiar to the particular property, and
that the unnecessary hardship is due to such conditions, and not the
circumstances or conditions generally created by the provisions of
this chapter in the Stormwater Management District in which the property
is located;
B. That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of this chapter, including the "no harm" provisions,
and that the authorization of a waiver is therefore necessary to enable
the reasonable use of the property;
C. That such unnecessary hardship has not been created by the applicant;
D. That the waiver, if authorized, will represent the minimum waiver
that will afford relief and will represent the least modification
possible of the regulation in issue; and
E. That financial hardship is not the criteria for granting of a hardship
waiver.
2. In granting any waiver, the municipality may attach such conditions
and safeguards as it may deem necessary to implement the purposes
of this chapter. If a hardship waiver is granted, the applicant must
still manage the quantity, velocity, direction and quality of resulting
storm runoff as is necessary to prevent injury to health, safety or
other property.
A. For regulated activities described in §
23-105, Subsections
1 and
2, the Board of Supervisors shall hear requests for and decide on hardship waiver requests on behalf of the municipality.
B. For regulated activities in §
23-105, Subsections 3, 4, 5, 6 and 7, the Zoning Hearing Board shall hear requests for and decide on hardship waiver requests on behalf of the municipality.
C. The municipality will process all eligible waiver requests in accordance with this section and the provisions of §
23-304, Subsection
21.
[Ord. 2014-03, 9/8/2014]
An occupancy permit shall not be issued unless the stormwater
management facilities approved for the lot have been installed and
found satisfactory to the Township Engineer.