§ 404. SWM site plan review.  


Latest version.
  • A. 
    The SWM site plan shall be submitted to the municipality for review by the Municipal Engineer for consistency with this ordinance and the respective Act 167 stormwater management plan(s). The Municipal Engineer will review the SWM site plan for any subdivision or land development for compliance with this ordinance and the municipal SALDO provisions not otherwise superseded by this ordinance.
    B. 
    If applicable, the applicant shall have received a "letter of adequacy" from the Conservation District or other PADEP approval for the proposed regulated activity prior to (or as a condition of) final approval by the municipality.
    C. 
    The Municipal Engineer will notify the applicant and the municipality in writing, within 45 calendar days, whether the SWM site plan is consistent with the requirements of this ordinance. If the SWM site plan involves a subdivision and land development plan, the notification shall occur within the time period allowed by the MPC (as amended). If a longer notification period is provided by other statute, regulation, or ordinance, the applicant will be so notified by the municipality.
    (1) 
    If the Municipal Engineer determines that the SWM site plan is consistent with this ordinance, the Municipal Engineer shall forward a letter of consistency to the municipality, who shall then forward a copy to the applicant.
    (2) 
    The municipality may approve the SWM site plan with conditions reasonably defined to make the SWM site plan compliant with the terms of this ordinance and, if so, shall provide the conditions for approval in writing.
    (3) 
    If the Municipal Engineer determines that the SWM site plan is inconsistent or noncompliant with this ordinance, the Municipal Engineer will forward a letter to the municipality, with a copy to the applicant citing the reason(s) and specific ordinance sections for the inconsistency or noncompliance. Inconsistency or noncompliance may be due to inadequate information to make a reasonable judgment as to compliance with this ordinance. Any SWM site plans that are inconsistent or noncompliant may be revised by the applicant and resubmitted in accordance with § 406 when consistent with this ordinance. Resubmission will commence a new municipal review and notification time period.
    D. 
    The municipality will not grant final approval to any proposed subdivision, land development, or regulated activity specified in this ordinance if the SWM site plan has been found to be inconsistent with this ordinance.
    E. 
    All required permits from PADEP shall be obtained and submitted to the municipality prior to (or as a condition of) final approval of any proposed subdivision, land development, or other regulated activity by the municipality.
    F. 
    No building permits for any regulated activity will be approved by the municipality if the SWM site plan has been found to be inconsistent with this ordinance, as determined by the Municipal Engineer. All required permits from PADEP shall be obtained prior to issuance of a building permit.
    G. 
    The municipality's approval of a SWM site plan shall be valid for a period not to exceed five years commencing on the date that the municipality approved the SWM site plan. If stormwater management facilities included in the approved SWM site plan have not been constructed or, if constructed, as-built plans of these facilities have not been approved within this five-year time period, then the applicant may seek reinstatement of approval of the expired SWM site plan. If the municipality determines that the expired SWM site plan is consistent and compliant with current regulations and requirements, then the expired SWM site plan will be reinstated; otherwise, it will be rejected. The applicant will be prohibited from conducting any regulated activity until a reinstated or newly approved SWM site plan is obtained in accordance with § 406 of this ordinance.
    H. 
    All or portions of the final approved SWM site plan shall be recorded (as "record plans") per the instructions of the municipality.
    I. 
    Upon completion of construction, the applicant shall be responsible for completing final as-built plans of all BMPs, conveyances, or other stormwater management facilities included in the approved SWM site plan as per the requirements of § 502 of this ordinance.