Modifications to a submitted SWM site plan that involve a change in SWM BMPs or techniques, or that involves the relocation or redesign of SWM BMPs, or that is necessary because soil or other conditions are not as stated on the SWM Site Plan, as determined by the Township, shall require a resubmission of the modified SWM site plan in accordance with this Part.
A. When reviewing a SWM site plan, whether or not the SWM site plan is included in a subdivision and/or land development plan application, the Township may, after consulting with DEP, grant a modification of the requirements of one or more provisions of this Chapter if the literal enforcement will enact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of the ordinance is observed.
B. All requests for a modification from an applicant shall be in writing and shall accompany and be a part of the application for approval of a SWM site plan and/or a subdivision or land development plan as applicable. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the ordinance involved and the minimum modification necessary.
C. In granting any modification, the Township may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Act 167 Plan and this Chapter.
D. The Township shall keep a written record of all action on requests for modifications. The response of any consultation and/or review by DEP shall be included as an original report if available or otherwise documented in the required written record.
(Ord. 2022-01, 7/25/2022)