A.
Although not a requirement of this Part 2, prior to proceeding with
SWM site plan preparation and submission, the applicant is encouraged
to request a preapplication meeting with the Borough, Borough's
Engineer and a staff member of the York County Conservation District
to discuss the plan concept and responsibility for submission of required
documents and information.
B.
The following items shall be included in the SWM site plan:
(1)
Appropriate sections of the Borough's Subdivision and Land
Development Ordinance and other applicable ordinances of the Borough
regarding subdivision and land development plan preparation and applicable
plan requirements shall be followed in preparing all SWM site plans,
regardless of whether or not an SWM site plan involves a subdivision
and/or land development plan. If the Borough has not adopted a subdivision
and land development ordinance, the content of SWM site plans shall
follow the plan preparation and applicable plan requirements of the
York County Subdivision and Land Development Ordinance.
(2)
The Borough shall not approve any SWM site plan that is deficient in meeting the requirements of this Part 2. 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, or, in the case of minor deficiencies, the Borough may accept the submission of a revised SWM site plan as noted in § 144-404 of this Part 2.
(3)
Provisions for permanent access or maintenance easements for all physical SWM BMPs, such as ponds and infiltration structures, as necessary to implement the operation and maintenance (O&M) plan discussed in Subsection B(5)(i) below.
(4)
The following signature block for the Borough:
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"(Municipal official or designee), on this date (date of signature),
has reviewed and hereby certifies that the SWM site plan meets all
design standards and criteria of the Borough Ordinance No. (number
assigned to the ordinance)."
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(5)
If not required by the Borough or York County Subdivision and Land Development Ordinance, as specified in § 144-401A of this Part 2, the SWM site plan shall also provide the following information, where applicable:
(a)
The overall stormwater management concept for the project, including
any additional information required for a post-construction stormwater
management plan (PCSWMP), as applicable.
(b)
A determination of site conditions in accordance with the BMP
Manual. A detailed site evaluation shall be completed for projects
proposed in areas of carbonate geology or karst topography, as well
as for other environmentally sensitive areas, whether natural or man-made,
including floodplains, streams, lakes, ponds, hydric soils, wetlands,
brownfields and wellhead protection zones.
(d)
Expected project time schedule.
(e)
A soil erosion and sediment control plan, where applicable,
as prepared for, reviewed, and approved by the York County Conservation
District.
(f)
The effect of the project in terms of runoff volumes, water
quality, and peak flows on surrounding properties and aquatic features,
and on any existing stormwater-conveyance system that may be affected
by the project.
(g)
Plan and profile drawings of all SWM BMPs, including drainage
structures, pipes, open channels, and swales.
(h)
The SWM site plan shall show the locations of existing and proposed
on-lot wastewater facilities and water supply wells.
(i)
The SWM site plan shall include an operation and maintenance
(O&M) plan for all existing and proposed physical stormwater management
facilities. This plan shall address long-term ownership and responsibilities
for O&M as well as schedules and costs for O&M activities.
(j)
A description of permanent stormwater management techniques,
including the construction specifications of the materials to be used
for stormwater management facilities.
(k)
A notarized signature of the owner of the parcel for which the
SWM site plan is proposed indicating that he/she is aware of and will
be responsible for operation and maintenance of the facilities.
(l)
Existing and proposed land uses.
(m)
The location of the proposed regulated activity relative to
streets, municipal boundaries, and other significant man-made features.
(n)
Significant physical features and associated boundary limits,
including flood hazard areas, sinkholes, existing drainagecourses,
and areas of natural vegetation.
(o)
The location of existing and proposed utilities, stormwater
facilities, sanitary sewers, and waterlines on the parcel and within
50 feet of property lines.
(p)
Proposed changes to the land surface and vegetative cover, and
the type and amount of existing and proposed impervious area.
(q)
Existing and proposed structures, buildings, streets, driveways,
access drives, and parking areas.
(r)
Preferred contour intervals of two feet in moderately sloped
areas and contours at intervals of five feet for slopes in excess
of 15%. Dependent upon site conditions, alternative contour intervals
proposed by an applicant or his designee may be accepted by the Borough.
(s)
The name of the development, the name and address of the owner
of the property, and the name and address of the individual or firm
preparing the plan. Also to be included are the name, address, signature
and seal of any registered surveyor (attesting the accuracy of the
boundary survey), professional engineer, landscape architect, or professional
geologist (for geomorphological assessments) contributing to and/or
with a responsibility for any aspect of the plan, where applicable.
(t)
Preferred graphic and written scale of one inch equals no more
than 50 feet. For parcels of 20 acres or more, the preferred scale
is one inch equals no more than 100 feet. Dependent upon site conditions,
an alternative scale proposed by the applicant or his designee may
be accepted by the Borough.
(u)
North point (arrow).
(v)
A map showing all existing man-made features beyond the subject
parcel's boundary lines that will be affected by the proposed
regulated activities.
(w)
Horizontal and vertical profiles of all open channels, including
hydraulic capacity.
(x)
A note on the plan indicating the location, and responsibility
for maintenance of, SWM facilities and/or easements that would be
located on adjoining properties as a result of proposed regulated
activities, and the location of such facilities and/or easements.
(y)
A hydrogeologic assessment of the effects of stormwater runoff
on sinkholes, where present.
(z)
The effect of the proposed regulated activity in terms of runoff
volumes and peak flows on adjacent properties and/or any existing
municipal stormwater collection system that may receive runoff from
the project site.
(aa)
Drainage flow pathways.
A.
SWM site plans shall be reviewed by the Borough for consistency with
the provisions of this Part 2.
B.
Modification requests.
(1)
When reviewing an SWM site plan, whether or not the SWM site plan is included in a subdivision and/or land development plan application, the Borough's governing body may, after consulting with the DEP as noted in § 144-301C of this Part 2, grant a modification of the requirements of one or more provisions of this Part 2 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 this Part 2 is observed.
(2)
All requests for modifications from an applicant shall be in
writing and shall accompany and be a part of the application for approval
of an 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 Borough may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of the Act 167 plan and this Part 2.
(4)
The governing body of the Borough shall keep a written record
of all action on requests for modifications. The response of any consultation
and/or review by the 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 an 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 45 days of submission to the Borough. However,
the Borough, in its sole discretion, may extend the review and decision
period another 45 days due to the nature of the application and/or
site conditions. If an extension of another 45 days is imposed or
granted by the Borough beyond the first forty-five-day review and
decision period designated by this subsection, the Borough shall notify
the applicant in writing and deliver such notice to said applicant
within 15 days of the decision to extend the review and decision period
by the Borough. If no extension is imposed or granted by the Borough
beyond the first forty-five-day review and decision period, and no
decision has been rendered by the Borough within that period, the
SWM site plan shall be deemed approved. Similarly, if after a forty-five-day
extension of the review and decision period has been imposed or granted
by the Borough, and no decision has been rendered by the Borough within
that period, the SWM site plan shall be deemed approved.
(2)
If an SWM site plan involves a subdivision and/or land development
plan, the period of time from the submission to the Borough 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.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
(3)
From the time an application for approval of a plat involving a subdivision or land development plan, whether preliminary or final, which includes an SWM site plan is duly filed with the Borough, no change or amendment of this Part 2 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.[2]
[2]
Editor's Note: See 53 P.S. § 10508.
D.
Decision notification procedure. In all cases, the decision of the
Borough 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 Borough 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 Borough's Subdivision
and Land Development Ordinance, or the York County Subdivision and
Land Development Ordinance, where applicable.
A revision to a previously submitted SWM site plan that involves
a change in SWM BMPs, stormwater management facilities, or changes
in analytical techniques, or that involves the relocation or redesign
of SWM BMPs, or that is necessary because soil or other conditions
are not as stated on the SWM site plan, as determined by the Borough,
shall require a resubmission of the revised SWM site plan in accordance
with this article, including applicable fees. For NPDES-permitted
sites, any revised SWM site plan shall also be resubmitted to the
York County Conservation District for review. In the case of an SWM
site plan which contains minor deficiencies, such as a missing label,
omission of a required note or minor construction detail, as determined
by the Borough, the Borough may accept a resubmission of such SWM
site plan without the requirement of a review fee, or for a lesser
fee, as provided for in the Borough fee schedule.
A disapproved SWM site plan may be resubmitted, with the revisions addressing the Borough's concerns as stated regarding the original submission, to the Borough in accordance with this article. The applicable review fee must accompany the submission of a revised SWM site plan, unless such fee is waived by the Borough. (See § 144-404.)
A.
SWM site plans independent of subdivision and land development plans. The Borough's approval of an SWM site plan, when such plan is submitted independent of a subdivision and/or land development plan, authorizes the regulated activities contained in the SWM site plan for a maximum term of validity of five years following the date of approval. The Borough may, in its sole discretion, specify a term of validity shorter than five years in the approval for any specific SWM site plan, particularly if the nature of the proposed SWM facilities require more-frequent maintenance and/or short-term replacement of certain components. Terms of validity shall commence on the date the Borough signs the approval for an SWM site plan. If an approved SWM site plan is not completed according to § 144-407 within the term of validity, then the Borough may consider the SWM site plan disapproved and may revoke any and all permits. SWM site plans that are considered disapproved by the Borough may be resubmitted in accordance with § 144-405 of this Part 2.
B.
SWM site plans included in a subdivision and/or land development plan. The Borough's approval of an SWM site plan which is a part of a subdivision and/or land development plan authorizes that plan and the regulated activities therein so that no subsequent change or amendment in this Part 2 or other governing ordinances or plans shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval, as specified in Section 508(4)(ii) through (vii) of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
A.
The developer shall be responsible for providing as-built plans of
all SWM BMPs included in the approved SWM site plan. The as-built
plans and an explanation of any discrepancies with the construction
plans shall be submitted to the Borough.
B.
The as-built submission shall include a certification of completion
signed by a qualified person verifying that all permanent SWM BMPs
have been constructed according to the approved plans and specifications.
If any licensed qualified person contributed to the construction plans,
then a licensed qualified person must sign the completion certificate.
C.
After receipt of the completion certification by the Borough, the
Borough may conduct a final inspection to verify compliance with,
and accuracy of, the as-built plans.
