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.
A. If the request for a plan modification is initiated after construction
is underway, the City 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 municipality land use/development
requirements (e.g., building setbacks, yards, etc.).
(2) The performance standards in this chapter are met. Notification of
the Engineer's and/or WCD's action shall be sent to the
City which may issue a stay of the plan modification within five days
and require the permittee to re-submit 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 municipality and/or approval is secured
from all relevant agencies of the commonwealth.