For any of the activities regulated by this
chapter, the preliminary or final approval of subdivision and/or land
development plans, the issuance of any building or occupancy permit,
or the commencement of any land disturbance activity may not proceed
until the applicant or his/her agent has received written approval
of a drainage plan from New Hope Borough.
A.
Any regulated activity that meets the exception criteria in the following table is exempt from the provisions of this section of the chapter. This criteria shall apply to the total development even if development is to take place in phases. The date of the municipal adoption of this chapter shall be the starting point from which to consider tracts as "parent tracts" in which future subdivisions and respective impervious area computations shall be cumulatively considered. An exemption shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, and property. This exemption shall not relieve the applicant from meeting the special requirements for watershed drainage to high quality (HQ) or exceptional value (EV) waters (§ 228-7K herein) and requirements for groundwater recharge (§ 228-10 herein), water quality (§ 228-9 herein) and streambank erosion (§ 228-11 herein).
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Stormwater Management Exemption Criteria
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|---|---|---|
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Total Parcel Size
(acre)
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Impervious Area Exemption
(square feet)
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Less than or equal to 1/4
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500
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Greater than 1/4 to 1
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1,000
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Greater than 1
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2,500
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B.
Exemptions shall be at the discretion of the municipality,
as recommended by the Municipal Engineer, upon review of site conditions,
topography, soils, and other factors as desired.
The drainage plan shall consist of all applicable
calculations, maps, and plans. A note on the maps shall refer to the
associated computations and erosion and sedimentation control plan
by title and date. The cover sheet of the computations and erosion
and sedimentation control plan shall refer to the associated maps
by title and date. All drainage plan materials shall be submitted
to New Hope Borough in a format that is clear, concise, legible, neat,
and well organized; otherwise, the drainage plan shall be disapproved
and returned to the applicant. The following items shall be included
in the drainage plan:
A.
General.
(1)
General description of project.
(2)
General description of permanent stormwater management
techniques, including construction specifications of the materials
to be used for stormwater management facilities.
(3)
Complete hydrologic, hydraulic, and structural computations
for all stormwater management facilities.
(4)
An erosion and sediment control plan, including all
reviews and approvals by the Conservation District.
(5)
A general description of nonpoint source pollution
controls.
B.
Drainage plans/maps. Drainage plans/maps of the project
area shall be submitted on twenty-four-inch by thirty-six-inch sheets
and shall be prepared in a form that meets the requirements for recording
at the offices of the Recorder of Deeds of Bucks County. The contents
of the drainage plans/maps shall include, but shall not be limited
to the following.
(1)
The location of the project relative to highways,
municipalities, or other identifiable landmarks.
(2)
Existing contours at intervals of two feet.
(3)
Existing streams, lakes, ponds, or other bodies of
water within the project area.
(4)
Other physical features, including flood hazard boundaries,
sinkholes, streams, existing drainage courses, areas of natural vegetation
to be preserved, and the total extent of the upstream area draining
through the site.
(5)
The locations of all existing and proposed utilities,
sanitary sewers, and water lines within 50 feet of property lines.
(6)
An overlay showing soil names and boundaries.
(7)
Proposed changes to the land surface and vegetative
cover, including limits of earth disturbance and the type and amount
of impervious area that would be added.
(8)
Proposed structures, roads, paved areas, and buildings.
(9)
Final contours at intervals of two feet.
(10)
The name of the development, the name and address
of the owner of the property, and the name of the individual or firm
preparing the plan.
(11)
The date of submission.
(12)
A graphic and written scale of one inch equals
no more than 50 feet; for tracts of 20 acres or more, the scale shall
be one inch equals no more than 100 feet.
(13)
A north arrow.
(14)
The total tract boundary and size with distances
marked to the nearest foot and bearings to the nearest degree.
(15)
Existing and proposed land use(s).
(16)
A key map showing all existing man-made features
beyond the property boundary that would be affected by the project.
(17)
Location of all open channels.
(18)
Overland drainage paths.
(19)
A minimum twenty-foot-wide, or greater width
as recommended by the Municipal Engineer, access easement around all
stormwater management facilities that would provide ingress to and
egress from a public right-of-way.
(20)
The location of all erosion and sedimentation
control facilities.
(21)
A note on the plan indicating the location and
responsibility for maintenance of stormwater management facilities
that would be located off-site. All off-site facilities shall meet
the performance standards and design criteria specified in this chapter.
(22)
A statement, signed by the landowner, acknowledging
the stormwater management system to be a permanent fixture that can
be altered or removed only after approval of a revised plan by the
municipality, which shall be recorded with the record plan and which
shall be applicable to all future landowners.
(23)
The following signature block for the Design
Engineer:
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(Design Engineer), on this date (date of signature),
has reviewed and hereby certifies that the Drainage Plan meets all
design standards and criteria of the Delaware River South Watershed
Act 167 Stormwater Management Ordinance.
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(24)
The plan shall contain a notation that states
the approval of the development is conditioned upon the applicant
agreeing to be responsible for all repairs and maintenance of the
stormwater management facilities, and permitting access to such facilities
deemed critical to public welfare, for inspection at any reasonable
time by the Borough or its designee. This Stormwater Maintenance Agreement
shall be in writing, as prepared by the Borough Solicitor, for recording.
The failure of the applicant to properly maintain any stormwater management
facility shall be construed to be a violation of this chapter and
shall be declared to be a public nuisance, subjecting the violator
to any and all penalties provided by law.
C.
Supplemental information.
(1)
A written description of the following information
shall be submitted:
(a)
The overall stormwater management concept for the project designed in accordance with § 228-8 herein.
(b)
Stormwater runoff computations as specified
in this chapter.
(c)
Stormwater management techniques to be applied
both during and after development.
(d)
Expected project time schedule.
(e)
Development stages (project phases) if so proposed.
(2)
A soil erosion and sedimentation control plan, where
applicable, including all reviews and approvals, as required by DEP.
(3)
A geologic assessment of the effects of runoff on
sinkholes as specified in this chapter.
(4)
The effect of the project (in terms of runoff volumes
and peak flows) on adjacent properties and on any existing municipal
stormwater collection system that may receive runoff from the project
site.
(5)
A Declaration of Adequacy and Highway Occupancy Permit
from the PennDOT District Office when utilization of a PennDOT storm
drainage system is proposed.
D.
Stormwater management facilities.
(1)
All stormwater management facilities must be located
on a plan and described in detail.
(2)
When groundwater recharge methods such as seepage
pits, beds or trenches are used, the locations of existing and proposed
septic tank infiltration areas and wells must be shown.
(3)
All calculations, assumptions, and criteria used in
the design of the stormwater management facilities must be shown.
For all activities regulated by this chapter, the steps below shall be followed for submission. For any activities that require a DEP Joint Permit Application and are regulated under Chapter 105 (Dam Safety and Waterway Management) or Chapter 106 (Floodplain Management) of DEP's Rules and Regulations, require a PennDOT Highway Occupancy Permit, or require any other permit under applicable state or federal regulations, the proof of application for that and the permit(s) shall be part of the plan. The plan shall be coordinated with the state and federal permit process.
A.
The Municipal Engineer shall review the drainage plan
for consistency with the adopted Delaware River South Watershed Act
167 Stormwater Management Plan. New Hope Borough shall require receipt
of a complete plan, as specified in this chapter, including filing
fee and escrow deposit amount.
B.
The Municipal Engineer shall review the drainage plan
for any subdivision or land development against the Municipal Subdivision
and Land Development Ordinance provisions not superseded by this chapter.
C.
For activities regulated by this chapter, the Municipal
Engineer shall notify the municipality, in writing, whether the drainage
plan is consistent with the Delaware River South stormwater management
plan. Should the drainage plan be determined to be consistent with
the stormwater management plan, the Municipal Engineer will forward
a review letter to the applicant with a copy to New Hope Borough.
D.
Should the drainage plan be determined to be inconsistent
or noncompliant with the stormwater management plan, the Municipal
Engineer will forward a letter to the applicant with a copy to the
municipality citing the reason(s) for the inconsistency or noncompliance.
Any applicant receiving this decision may revise and resubmit plans
for reevaluation. New Hope Borough will not grant approval to the
application until the drainage plan is deemed consistent with this
chapter.
E.
For regulated activities specified in § 228-4 of this chapter, the Municipal Engineer shall notify the Zoning Officer, in writing, within a time frame consistent with the Uniform Construction Code and/or Municipal Subdivision and Land Development Ordinance, whether the drainage plan is consistent with the stormwater management plan and forward a copy of the approval/disapproval letter to the applicant. Any disapproved drainage plan may be revised by the applicant and resubmitted consistent with this chapter.
F.
For regulated activities requiring a DEP Joint Permit
Application, the Municipal Engineer shall notify DEP whether the drainage
plan is consistent with the Delaware River South stormwater management
plan and forward a copy of the review letter to the municipality and
the applicant. DEP may consider the Municipal Engineer's review comments
in determining whether to issue a permit.
G.
New Hope Borough shall not approve any subdivision or land development for regulated activities specified in § 228-4 of this chapter if the drainage plan has been found to be inconsistent with the stormwater management plan, as determined by the Municipal Engineer. All required permits from DEP must be obtained prior to approval of any subdivision or land development by the municipal governing body.
H.
The Municipal Zoning Officer and/or Code Official shall not issue a building permit for any regulated activity specified in § 228-4 of this chapter if the drainage plan has been found to be inconsistent with the stormwater management plan, as determined by the Municipal Engineer, or without considering the comments of the Municipal Engineer. All required permits from DEP must be obtained prior to issuance of a building permit.
I.
The applicant shall be responsible for completing
record drawings of all stormwater management facilities included in
the approved drainage plan. The record drawings and an explanation
of any discrepancies with the design plans shall be submitted to the
Municipal Engineer for final approval. In no case shall the municipality
approve the record drawings until the municipality receives a copy
of an approved Declaration of Adequacy, Highway Occupancy Permit from
the PennDOT District Office, and any applicable permits from DEP.
J.
The municipality's approval of a drainage plan shall be valid for a period not to exceed 18 months. This eighteen-month time period shall commence on the date that the municipality signs the approved drainage plan. If stormwater management facilities included in the approved drainage plan have not been constructed, or if constructed, and record drawings of these facilities have not been approved by the Municipal Engineer within this eighteen-month time period, then the municipality may consider the drainage plan disapproved and may revoke any and all permits. Drainage plans that are considered disapproved by New Hope Borough shall be resubmitted in accordance with § 228-24 of this chapter.
A.
A modification to a submitted drainage plan for a development site that involves a change in stormwater management facilities or techniques, or that involves the relocation or redesign of stormwater management facilities, or that is necessary because soil or other conditions are not as stated on the drainage plan, as determined by the Municipal Engineer, shall require resubmission of a modified drainage plan consistent with § 228-21 of this chapter and shall be subject to review as specified in § 228-22 of this chapter.
B.
A modification to an already approved or disapproved
drainage plan shall be submitted to New Hope Borough, accompanied
by the applicable filing fee and escrow deposit amount. A modification
to a drainage plan for which a formal action has not been taken by
New Hope Borough shall be submitted to the municipality, accompanied
by the applicable New Hope Borough filing fee and escrow deposit amount.
A disapproved drainage plan may be resubmitted, with revisions addressing the Municipal Engineer's concerns documented in writing, to New Hope Borough in accordance with § 228-21 of this chapter and distributed accordingly and shall be subject to review as specified in § 228-22 of this chapter. The applicable New Hope Borough filing fee and escrow deposit amount must accompany resubmission of a disapproved drainage plan.
[Added 9-20-2022 by Ord. No. 2022-04]
B.
Waivers
or modifications of the requirements of this chapter may be approved
by the municipality 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.
C.
No waiver
or modification of any regulated stormwater activity involving earth
disturbance greater than or equal to one acre may be granted by the
municipality unless that action is approved in advance by the Department
of Environmental Protection (DEP) or the delegated county conservation
district.
