(a) SWM Site Plans shall be reviewed by the municipality for consistency with the provisions of this Ordinance.
(b) Modification Requests:
(1) 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 Municipality's governing body may, after consulting with DEP as noted in Section 937.01(c), grant a modification of the requirements of one or more provisions of this Ordinance 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.
(2) All requests for a modifications 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.
(3) In granting of any modification, the Municipality may attaché such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Act 167 Plan and this Ordinance.
(4) The governing body of the Municipality 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.
(c) SWM Site Plan Review and Approval Procedure:
(1) If a SWM Site Plan does not involve a subdivision and/or land development, the review of the SWM Site, recommendations, approval, approval with conditions, or disapproval, i.e., the review and decision period, shall occur within forty-five (45) days of submission to the Municipality. However, the Municipality, in its sole discretion, may extend the review and decision period another forty-five (45) days due to the nature of the application and/or site conditions. If an extension of another forty- five (45) days is imposed or granted by the Municipality beyond the first forty-five (45) day review and decision period designated by this paragraph, the Municipality shall notify the applicant in writing and deliver such notice to said applicant within fifteen (15) days of the decision to extend the review and decision period by the Municipality. If no extension is imposed or granted by the Municipality beyond the first forty five (45) day review and decision period, and no decision has been rendered by the Municipality within that period, the SWM Site Plan shall be deemed approved. Similarly, if after a forty-five (45) day extension of the review and decision period has been imposed or granted by the Municipality, and no decision has been rendered by the Municipality within that period, the SWM Site Plan shall be deemed approved.
(2) If a SWM Site Plan involves a subdivision and/or land development plan, the period of time from the submission to the Municipality of the subdivision and/or land development plan application which includes the SWM Plan and the approval, approval with conditions, or disapproval, i.e., review and decision period, shall be 90 days, in accordance with the procedure for approval of plats in Section 508 of the Pennsylvania Municipalities Planning Code.
(3) From the time an application for approval of a plat involving a subdivision or land development plan, whether preliminary or final, which includes a SWM Site Plan, is duly filed with the Municipality, no change or amendment of this Ordinance or other governing ordinance or plan shall affect the decision on such application in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed, as specified in Section 508. (4) (I) of the Pennsylvania Municipalities Planning Code.
(d) Decision Notification Procedure: In all cases, the decision of the Municipality to approve or disapprove the SWM Site Plan shall be in writing and shall be delivered to the applicant no later than 15 days following the decision. If the SWM Site Plan is disapproved, the written decision by the Municipality shall specify the defects in the application, describe the requirements which were not met, and shall cite the provisions of the Ordinance relied upon. If the SWM Site Plan is approved with conditions, the notification to the applicant shall state the acceptable conditions for approval and the time limit for satisfying such conditions. The time limit for satisfying conditions of approval shall be the time limit prescribed for conditional approval of subdivision and land development plans as stated in the Municipality's Subdivision and Land Development Ordinance, or the York County Subdivision and Land Development Ordinance where applicable.
(Ord. 32-2011. Passed 10-4-11.)