A.
The following regulated activities are specifically exempt from the SWM site plan preparation and submission requirements articulated in § 315-31A, and Articles IV and V of this chapter:
(1)
Agricultural activity, provided the activities are performed according
to the requirements of Chapter 102.
(2)
Forest management and timber operations, provided the activities
are performed according to the requirements of Chapter 102.
(3)
Conservation practices being installed as part of the implementation
of a conservation plan written by an NRCS certified planner.
(4)
The cumulative installation of 1,000 or fewer square feet of impervious surface coverage proposed after June 1, 2014, provided that the activities meet the criteria of § 315-51C, below, and are conducted in accordance with all requirements of this chapter.
(5)
Domestic landscape and/or vegetable gardening.
B.
The Borough may deny or revoke any exemption pursuant to this section
at any time for any project that the Borough believes may pose a threat
to public health, safety, property or the environment.
C.
An applicant proposing the cumulative installation of 1,000 square feet or less of impervious surface coverage may be exempt from the design, plan submittal, and processing requirements of Articles III, IV, and V of this chapter if the proposal meets the criteria in the § 315-51C. No person or activity is exempted from compliance with § 315-65 and Articles VII, VIII, and IX of this chapter. Exemptions do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other code, law, regulation, or ordinance. Exemption shall not relieve an applicant from implementing such measures as necessary to meet compliance with any NPDES permit requirements. Any exemption based on false, misleading, or erroneous information provided by an applicant is void without the necessity of any proceedings for revocation. Any work undertaken or use established pursuant to such permit or other authorization is unlawful.
(1)
Any applicant desiring exemption from design, plan submission, and
plan processing requirements shall complete an application for exemption.
The application form is on file at the Borough office.
(2)
The applicant for exemption shall provide the Borough with all information
necessary for the Borough to determine that:
(a)
There shall be no disturbance of land within floodplains, wetlands,
or environmentally sensitive areas.
(b)
The applicant shall minimize soil disturbance, take steps to
minimize erosion and sedimentation during construction activity, and
promptly reclaim all disturbed areas with topsoil and vegetation.
(c)
The applicant shall take steps to insure that runoff is directed
to pervious areas on the subject property. No runoff shall be directed
onto an abutting street or neighboring property.
(d)
The proposed impervious surface shall not adversely impact any
existing known problem areas or downstream property owners or the
quality of runoff entering any municipal separate storm sewer system.
(e)
The applicant shall comply with the erosion and sediment control
requirements of Chapter 102 and the proposed impervious surface shall
not create accelerated erosion and sedimentation.
D.
Installation of additional impervious surface coverage on a lot where
all of the following conditions have been met:
(1)
The lot has a previously approved SWM site plan which included SWM
facilities to handle such future impervious surface coverage.
(2)
The SWM facilities on the approved SWM site plan were installed and
inspected and approved by the Borough Engineer.
(3)
The Borough approved the SWM site plan no more than five years before
the application to add the impervious surface coverage was submitted
to the Borough or, if the Borough approved the SWM site plan more
than five years before the application to add the impervious surface
coverage was submitted to the Borough, there have been no amendments
to the design standards of this chapter between the date of approval
of the SWM site plan and the submission of the application to add
impervious surface coverage.
E.
Public road improvement projects initiated and/or sponsored by the
Borough and/or the Pennsylvania Department of Transportation shall
be exempt from these stormwater management criteria under the following
circumstances:
(1)
The road improvement project is required as part of a safety improvement
project.
(2)
A general analysis is provided and it can be demonstrated that the
proposed improvements will not adversely affect any adjacent property
owners, nor will the improvements adversely affect downstream stormwater
management facilities. Otherwise, mitigation of these impacts will
be required as part of the proposed improvements.
F.
Road maintenance projects initiated and/or sponsored by the Borough
and/or the Pennsylvania Department of Transportation shall be exempt
from these stormwater management criteria.
A.
Anyone proposing a small project shall submit two copies of the small
project application to the Borough.
B.
A complete small project permit application shall include:
(1)
Small project permit application Form (on file at the Borough Office).
(2)
Small project sketch plan including the following:
(a)
Name and address of landowner (and/or) developer.
(b)
Date of small project permit application submission.
(c)
Name of individual and/or firm that prepared the sketch if different
than the landowner and/or developer.
(d)
Location and square footage of proposed impervious area or land
disturbance.
(e)
Approximate footprint and location of all structures on adjacent
properties if located within 50 feet of the proposed impervious area
or land disturbance.
(f)
Location of existing SWM facilities if present.
(g)
Location and description of proposed SWM facilities.
(h)
Direction of proposed stormwater discharge (e.g., with arrows).
(i)
Scale and North arrow.
(3)
Filing fee (in accordance with the Borough's current fee schedule).
C.
The small project application shall be submitted in a format that
is clear, concise, legible, neat and well organized.
D.
Small project applications need not demonstrate literal compliance with Articles III, IV, and VI of this chapter. However, small project applications must demonstrate they comply with the intent of this chapter as outlined in § 315-2 and § 315-3. The Borough Council or its designee may require additional information or invoke any section of this chapter deemed necessary to adequately demonstrate compliance with the intent of this chapter.
E.
The Borough Council or its designee may require an applicant to submit
a full SWM site plan if in its opinion a small project application
proposes significant risk to the Borough.
F.
Applications for small project permits shall be reviewed and acted
upon by the Borough Council or its designee within 30 days of filing
a complete permit application.
G.
Approval of a small project permit shall be valid for a period not
to exceed one year. This one-year time period shall commence on the
date that the Borough Council or its designee signs the approved small
project permit.
H.
Written requests for an extension shall be made at least 30 days
prior to the expiration date. If refused, the Borough Council or its
designee shall cite the reason(s) for such refusal.
A.
Applicants are encouraged to schedule a pre-application meeting to
review the overall stormwater management concept with Borough staff/Engineer.
The pre-application meeting is not mandatory and shall not constitute
formal filing of a plan with the Borough. Topics discussed may include
the following;
(1)
Available geological maps, plans and other available data.
(2)
Findings of the site analysis, including identification of any environmentally
sensitive areas, wellhead protection areas, riparian corridors, hydrologic
soil groups, existing natural drainageways, karst features, areas
conducive to infiltration to be utilized for volume control, etc.
(3)
Results of infiltration tests.
(4)
Applicable Subdivision and Land Development and/or Zoning Ordinance
provisions.
(5)
The conceptual project layout, including proposed structural and
nonstructural BMPs.
A.
When a SWM site plan is required, the applicant shall submit the
following to the Borough:
B.
The SWM site plan shall be submitted in a format that is clear, concise,
legible, neat and well organized.
C.
All submittals including plans and reports shall include an electronic
format acceptable to the Borough.
D.
The applicant is responsible for submitting plans to any other agencies
such as the Conservation District, PennDOT, DEP, etc., when permits
from these agencies are required. Final approval shall be conditioned
upon the applicant obtaining all necessary permits.
E.
Incomplete submissions as determined by the Borough Council or its designee, shall be returned to the applicant within eight days, along with a statement that the submission is incomplete and a list of deficiencies found. Otherwise, the application shall be deemed accepted for filing as of the date of submission. Acceptance of the application shall not, however, constitute an approval of the plan or a waiver of any deficiencies or irregularities. The applicant may appeal the Borough's decision not to accept a particular application in accordance with § 315-95 of this chapter.
F.
At its sole discretion and in accordance with this article, when
a SWM site plan is found to be deficient, the Borough Council or its
designee may either disapprove the submission and require a resubmission,
or in the case of minor deficiencies, the Borough Council or its designee
may accept submission of revisions.
A.
When the regulated activity constitutes a subdivision or land development, the SWM site plan and subdivision/land development plan shall be processed concurrently according to the plan processing procedure outlined in the Chapter 325, Subdivision and Land Development.
B.
When the regulated activity constitutes a small project, the small project permit application shall be processed according to § 315-52.
C.
When the regulated activity does not constitute a subdivision or
land development or a small project, the SWM site plan shall be processed
according to the plan processing procedure outlined in this chapter.
D.
All applications for approval of a SWM site plan shall be acted upon
by the Borough Council or its designee, who shall render his/her decision
and communicate it to the developer not later than 90 days following
the date the application is filed.
(1)
The decision of the Borough Council or its designee shall be in writing
and shall be communicated to the developer or its agent personally
or mailed to him/her at his/her last known address not later than
15 days following the decision.
(2)
When the application is not approved in terms as filed, the decision
shall specify the defects found in the application and shall describe
the requirements which have not been met and shall, in each case,
cite the provisions of the chapter relied upon for the decision.
E.
If the Borough disapproves the SWM site plan, the Borough will state
the reasons for the disapproval in writing. The Borough also may approve
the SWM site plan with conditions and, if so, shall provide the acceptable
conditions for approval in writing. Such conditional approval shall
be contingent upon the applicant's written acceptance of the conditions.
F.
Final
plan approval does not negate or remove the requirements that the
applicant is required to ensure implemented structural BMPs are maintained
upon installation and actually perform as intended and designed.
[Added 9-27-2022 by Ord. No. 2022-04]
B.
For the purposes of review deadlines, each resubmission required under § 315-56A (after submission but before approval) shall constitute a new submission for the purposes of time limits as set forth in the MPC and this chapter.
C.
Any substantial revisions to a SWM site plan after approval shall
be submitted as a new plan to the Borough, accompanied by the applicable
fee.
A.
Approval of a SWM site plan shall be valid for a period not to exceed
five years. This five-year time period shall commence on the date
that the Borough Council or its designee signs the approved SWM site
plan.
B.
If SWM facilities included in this approved SWM site plan have not been constructed within this five-year time period, then the Borough Council or its designee may consider the SWM site plan disapproved and may recommend that the Borough revoke any and all permits. SWM site plans that are considered disapproved by the Borough or its designee shall be resubmitted in accordance with Article V of this chapter.
C.
An extension of an unexpired SWM site plan shall be issued by the
Borough following the submission of a written request if, in the opinion
of the Borough Council or its designee, the subject property or affected
surrounding area has not been altered in a manner which requires alteration
or revision of the SWM site plan. Written requests shall be made at
least 30 days prior to the expiration date.
D.
The refusal of an extension of time shall cite the reason(s) for
such refusal.
E.
A SWM site plan shall not expire while a request for an extension
is pending.
A.
Upon completion of the SWM site plan improvements and prior to the
release of financial security, the applicant shall submit an as-built
plan to the Borough. The as-built plan must show the final design
specifications for all SWM facilities and be sealed by a qualified
person.
B.
Review by Borough Engineer.
(1)
The as-built plan shall be reviewed by the Borough Engineer to verify
the plan includes all of the SWM facilities on the subject property
and verify the facilities are shown at the correct location.
(2)
The Borough Engineer shall either approve the as-built plan or identify
corrections required.
(3)
If the Borough Engineer identifies corrections required to the as-built
plan, the applicant shall submit a revised as-built plan to the Borough
addressing the corrections.
D.
The following information should be included with the as-built plan:
(1)
Actual location of floodplain by elevation and dimension from property
line.
(2)
Actual location and cross section of swales and accompanying easements.
The plan should demonstrate that the swales intercept and convey stormwater
according to the approved subwatershed plan.
(3)
Actual horizontal and vertical location of SWM facilities, including
type and size of storm drainage pipes, inverts and rims of structures,
slopes and accompanying easements.
(4)
Actual location and connection point(s) of perforated underdrain(s).
(5)
Actual location and connection point(s) of roof leader drain(s).
(6)
Detention and infiltration basins.
(a)
Actual contours of the basin.
(b)
Actual outlet structure details, including type, size and inverts
of outlet pipes. Include the orifice plate size and location on the
as-built survey, if applicable.
(c)
Actual elevation and widths for the embankment and emergency
spillway.
(d)
Compaction results and soils testing data for embankments structures.
(e)
Certification that compaction of the basin bottom did not occur
(for infiltration basins).
(f)
Actual volume of the basin and post-development flow rates based
upon as-built conditions for the basin. Calculations should be signed
and sealed by a design professional.
(7)
Actual location and dimensions of all BMP facilities.
E.
The as-built plan shall be submitted in a format that is clear, concise,
legible, neat and well organized.
F.
All submittals including plans and reports shall include an electronic
format acceptable to the Borough.
G.
Digital inventory.
(1)
When required. A digital inventory shall be submitted following approval
of the as-built plan by the Borough Engineer if the project includes
any of the following:
(2)
Digital inventory requirements.
(a)
The digital inventory shall be in an electronic format acceptable
to the Borough Engineer.
(b)
The digital inventory shall include all information included
and shown on the approved as-built plan.
(c)
All coordinates as depicted on the plan shall be based on the
Pennsylvania South Zone State Plan Coordinate System (NAD83 for horizontal
and NAVD88 for vertical).
H.
Following approval of the as-built plan by the Borough Engineer,
the applicant shall submit the as-built plan for recordation in the
office of the Recorder of Deeds.
I.
As-built plans are not required for small projects.
A.
At the completion of the project, the applicant shall provide certification
of completion from a qualified person verifying that all permanent
SWM facilities have been constructed according to the plans and specifications
and approved revisions thereto.
B.
Upon receipt of the certificate of completion, the Borough shall
conduct a final inspection to certify compliance with this chapter.
A.
Financial security (bond, restricted account or letter of credit)
for stormwater-related improvements shall be supplied by the developer
in conjunction with the subdivision/land development approval, or
in conjunction with the SWM site plan approval if no subdivision/land
development plan is required.
B.
The applicant shall provide a financial security to the Borough for
the timely installation and proper construction of all SWM facilities,
including E&S controls and other BMPs, as required by the approved
SWM site plan and this chapter and, as applicable, in accordance with
the provisions of Sections 509, 510, and 511 of the MPC. The amount
of the financial security shall be calculated in accordance with the
procedure in the MPC.
C.
As the work of installing the required SWM facilities proceeds, the
party posting the financial security may request the Borough Council
to release or authorize the release, from time to time, such portions
of the financial security necessary for payment to the contractor
or contractors performing the work. Any such requests shall be in
writing addressed to the Borough Council, and the Borough Council
shall have 45 days from receipt of such request within which to allow
the Borough Engineer to certify, in writing, to the Borough Council
that such portion of the work upon the SWM facilities has been completed
in accordance with the approved SWM site plan. Upon such certification
the Borough Council shall authorize release by the bonding company
or lending institution of an amount as estimated by the Borough Engineer
fairly representing the value of the SWM facilities completed. The
Borough Council may, prior to final release at the time of completion
and certification by its Engineer, require retention of 10% of the
estimated cost of the aforesaid SWM facilities.
D.
In the event that any SWM facilities which may be required have not
been installed as provided in the approved SWM site plan, the Borough
Council is hereby granted the power to enforce any corporate bond,
or other security by appropriate legal and equitable remedies. If
proceeds of such bond, or other security are insufficient to pay the
cost of installing or making repairs or corrections to all the SWM
facilities covered by said security, the Borough Council may, at its
option, install part of such SWM facilities and may institute appropriate
legal or equitable action to recover the monies necessary to complete
the remainder of the SWM facilities.
E.
Final inspection. When the developer has completed all the required
facilities, he shall notify the Borough in writing by certified or
registered mail, and shall send a copy of such notice to the Borough
Engineer. The Borough shall, within 10 days after receipt of such
notice, authorize the Borough Engineer to inspect the required facilities.
The Borough Engineer shall promptly file a report, in writing, with
the Borough and shall mail a copy of the report to the developer by
certified or registered mail. The report shall be made and mailed
within 30 days after receipt by the Borough Engineer of the aforesaid
authorization by the Borough.
F.
Financial security is not required for small projects.
