A.
The following regulated activities are specifically exempt from the SWM site plan preparation and submission requirements articulated in § 161-31A and Articles IV and V of this chapter:
(1)
An applicant proposing the cumulative installation of 1,000 square feet or less of impervious surface cover may be exempt from the design, plan submittal, and processing requirements of Articles IV and V of this chapter if the proposal meets the criteria in the § 161-41A(1). No person or activity is exempted from compliance with § 161-74, 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. Exemption shall not relieve an applicant from complying with the lot coverage amounts as regulated by the Zoning Ordinance, as amended.
(a)
Any applicant desiring exemption from design, plan submission,
and plan processing requirements shall complete an application for
exemption in the form set forth in Appendix A[1] and pay any applicable filing fee.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(b)
If the proposed activity is located in a high quality (HQ) or
exceptional value (EV) watershed, the applicant shall be responsible
for compliance with all federal and state requirements. This exemption
does not provide relief form any other applicable state or federal
requirements.
(c)
No applicant and no activity shall violate or cause to be violated:
the Federal Clean Water Act, Clean Streams Law,[2] or any regulation issued thereunder, an NPDES permit,
any recorded stormwater management or operations and maintenance agreement,
or any requirement applicable to a municipal separate storm sewer
system.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
(2)
Agricultural activity (see Art. II, Definitions), provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
(3)
Forest management and timber operations (see Art. II, Definitions), provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
(4)
Maintenance of utility line (linear).
B.
The stormwater exemption application shall be completed and submitted
to the Borough. Upon receipt of a written approval from the Borough
the applicant may proceed with the proposed improvements.
C.
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.
A.
Anyone proposing a small project shall submit two copies of the small
project application to the Borough.
B.
A complete small project application shall include:
(1)
Small project application Form (Appendix A-2).[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2)
Small project sketch plan including the following:
(a)
Name and address of landowner (and/or) developer.
(b)
Date of small project 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)
Approximate location of existing stormwater management facilities
if present.
(g)
Location and description of proposed stormwater management facilities.
(h)
Direction of proposed stormwater discharge (e.g., with arrows).
(i)
Scale and north arrow.
(3)
Filing fee (in accordance with the Borough fee schedule).
C.
The small project application shall be submitted in a format that
is clear, concise, legible, neat and well organized.
D.
The small project application shall be reviewed by Borough staff
or its designee and does not require processing through the Planning
Commission or the Borough Council. Upon receipt of a written approval
from the Borough the applicant may proceed with the proposed improvements.
Applicants of small projects, minor and major plans 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:
A.
Available geological maps, plans and other available data provided
by the applicant.
B.
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.
C.
Results of infiltration tests.
D.
Applicable Borough Subdivision and Land Development and/or Zoning
Ordinance provisions.
E.
The conceptual project layout, including proposed structural and
nonstructural BMPs.
A.
When a minor SWM site plan is required, the applicant shall submit
the following to the Borough:
B.
The minor SWM site plan shall be submitted in a format that is clear,
concise, legible, neat and well organized.
C.
The applicant is responsible for submitting one copy of the plans
and all supplemental data to the Borough Engineer and one copy of
the plans and all supplemental data Borough Solicitor.
D.
The applicant is responsible for submitting plans to any other agencies
such as the Lancaster County 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 staff or its designee shall be returned to the applicant within seven days, along with a statement that the submission is incomplete, and stating the 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 § 161-114.
F.
At its sole discretion and in accordance with this article, when
an SWM site plan is found to be deficient, the Borough may either
disapprove the submission and require a resubmission or, in the case
of minor deficiencies, the Borough may accept submission of revisions.
G.
Minor SWM site plans and designs shall be reviewed by Denver Borough
staff and Borough designees and Borough Council.
A.
When a Major 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.
The applicant is responsible for submitting one copy of the plans
and all supplemental data to the Borough Engineer and one copy of
the plans and all supplemental data to the Borough Solicitor.
D.
The applicant is responsible for submitting plans to any other agencies
such as the Lancaster County 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 Staff or its designee shall be returned to the applicant within seven days, along with a statement that the submission is incomplete, and stating the 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 § 161-114.
F.
At its sole discretion and in accordance with this article, when
an SWM site plan is found to be deficient, the Borough may either
disapprove the submission and require a resubmission or, in the case
of minor deficiencies, the Borough may accept submission of revisions.
G.
Major SWM site plans and designs shall be reviewed by Denver Borough
staff and Borough designees and Borough Council.
A.
An application for a stormwater management permit may be submitted to the Borough on any business day. In the event that a question arises as to whether a proposed activity requires a stormwater management permit, the landowner or developer shall furnish the Borough with such information as the Borough's Engineer may deem necessary to determine whether the proposed activity constitutes a land disturbance activity. A decision by the authorized Borough representative may be appealed to the Borough Council in accordance with § 161-114.
B.
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 Chapter 170.
C.
When the regulated activity constitutes a small project, the Borough
shall review and take action on the small project application within
30 days of filing.
D.
When the regulated activity does not constitute a subdivision or
land development, exemption or small project, the Borough Engineer
shall review the SWM site plan for conformance with the provisions
of this chapter.
E.
Following receipt of the Borough Engineer's report and within
90 days following the date of the first regular meeting of the Borough
Council after the date the application is filed, the Borough Council
will schedule the SWM site plan application for action at a regularly
scheduled public meeting.
G.
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.
A.
The provisions of this chapter are intended as minimum standards
for the protection of the public health, safety, and welfare. Waivers
or modifications of the requirements of this chapter may be approved
by the Borough Council if enforcement will exact undue hardship because
of peculiar conditions pertaining to the land in question, provided
that the modifications will not be contrary to the public interest
and that the purpose of the chapter is preserved. Cost or financial
burden shall not be considered a hardship. Modification may be considered
if an alternative standard or approach will provide equal or better
achievement of the purpose of the chapter. A request for modifications
shall be in writing and accompany the stormwater management site plan
submission. The request shall provide the facts on which the request
is based, the provision(s) of the chapter involved and the proposed
modification.
B.
The approval of the modification shall not have the effect of making
null and void the intent and purpose of this chapter. In the approval
of a modification, the Borough Council may impose such conditions,
as will, in its judgment, secure substantially the objectives of the
standards and requirements of this chapter.
C.
All requests for modifications shall be processed in accordance with
the following:
(1)
A request for a modification shall be submitted to the Borough with
the required fee for an appeal or modification. The request shall
be made in writing and identify:
(3)
The Borough Council shall, following consideration of the request,
take such public action as it shall deem advisable and notify all
parties involved of the action. Such notice shall cite the findings
and reasons for the deposition of the modification.
D.
Modifications of § 161-32 relating to water quality and volume control require processing and approval by the regional office of PADEP or the delegated Conservation District. Any waivers or modifications of § 161-32 shall be provided in writing to the Borough for review and comment prior to being submitted to DEP.
B.
For the purposes of review deadlines, each resubmission required under § 161-47A (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 an SWM site plan after approval shall
be submitted as a new plan to the Borough, accompanied by the applicable
review fee.
A.
A financial security (bond, escrow 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 of
Denver for the timely installation and proper construction of all
SWM facilities, including E&S 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.
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
the 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. All of the proceeds,
whether resulting from the security or from any legal or equitable
action brought against the developer, or both, shall be used solely
for the installation of the SWM facilities covered by such security.
Approval of an SWM site plan shall be valid for a period of one year unless extended by the Borough. Any time extensions shall not exceed four additional years for a total of five years. This time period shall commence on the date that the Borough approves the SWM site plan. If a certificate of completion as required by § 161-51 has not been submitted within the specified time period, then the Borough may consider the SWM site plan disapproved and may revoke any and all permits issued by the Borough. SWM site plans that are considered disapproved by the Borough of Denver may be resubmitted in accordance with Article IV of this chapter.
A.
At the completion of the project, and as prerequisite for the release
of the Financial Security, the applicant shall provide certification
of completion from an engineer, landscape architect, surveyor or other
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 and prior to release
of the remaining financial security, the Borough shall conduct a final
inspection to certify compliance with this chapter.
A.
Upon completion of the 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, grading and site improvements and be sealed
by a registered professional engineer or surveyor. The latitude and
longitude coordinates for all permanent SWM BMPs must also be submitted,
at the central location of the BMPs. As-built plans shall include
all information identified on the Checklist included in Appendix A-7.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
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 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.
C.
Following approval of the as-built plan by the Borough Engineer,
the applicant shall submit the SWM site plan for recordation in the
Office of the Recorder of Deeds. Recording fees will be the responsibility
of the applicant/developer.
D.
Upon completion of recording, a digital copy of the as-built plan,
the SWM site plan signed and sealed with the recording information
and calculations, waiver requests and other documents shall be submitted
to the Borough along with one paper copy of the recorded plan.
