B.
Exemption from permit requirements.
(1)
The following regulated activities are specifically exempt from the stormwater management permit and SWM site plan preparation and submission requirements articulated in § 226-31 and Article IV and Article V of this chapter:
(a)
Agricultural activity (see definitions in § 226-22) provided the activities are performed according to the requirements of Chapter 102.
(b)
Forest management and timber operations (see definitions in § 226-22) provided the activities are performed according to the requirements of Chapter 102.
(c)
Conservation practices being installed as part of the implementation
of a conservation plan written by an NRCS-certified planner.
(d)
The installation of 1,000 or fewer square feet of impervious surface coverage proposed after April 7, 2014, provided that the activities meet the criteria of § 226-51B(3) and are conducted in accordance with all the requirements of this chapter.
(e)
The installation of impervious surface coverage within an area for which a prior SWM site plan has been approved that includes SWM facilities which were specifically designed to manage the proposed impervious surface coverage, provided that the regulated activities are conducted in accordance with all of the requirements of this chapter, Chapter 102 and any NPDES permit requirements. Any applicant seeking an exemption under this § 226-51B(1)(e) shall complete an application form supplied by the Borough Secretary, shall identify the previously approved SWM site plan which approved the existing SWM facilities, and shall pay all applicable fees before commencing any regulated activities.
(f)
Domestic landscape and/or vegetable gardening.
(2)
The Borough may deny or revoke any exemption pursuant to this section
at any time for any project that the Borough believes may post a threat
to public health, safety, property or the environment.
(3)
An applicant proposing the cumulative installation of 1,000 square feet or less of impervious surface coverage after April 7, 2014, may be exempt from the design, plan submittal, and processing requirements of Articles III, IV, and V of this chapter if such applicant complies with all provisions of this § 226-51B(3). No person or activity is exempted from compliance with § 226-65 and Articles VII, VIII, and IX of this chapter. The applicant shall comply with the erosion and sediment control requirements of Chapter 102. 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.
(a)
Any applicant desiring exemption from design, plan submission,
and plan processing requirements shall complete an application form
supplied by the Borough Secretary and pay all applicable fees before
commencing any regulated activities.
A.
Anyone proposing a small project shall submit one copy of the small
project application to the Borough.
B.
A complete small project application shall include:
(1)
Small project application form (form supplied by Borough Secretary).
(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 earth
disturbance.
(e)
Approximate footprint and location of all structures on adjacent
properties if located within 50 feet of the proposed impervious area
or earth 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'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.
The enforcement officer shall review and take action on the small
project application within 30 days of filing.
A.
Applicants are encouraged to schedule a pre-application meeting to
review the overall stormwater management concept with the 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 geologic 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 Borough subdivision and land development and/or zoning
ordinance provisions.
(5)
The conceptual project layout, including proposed structural and
non-structural BMPs.
B.
Applicants requesting a pre-application meeting shall pay any applicable
fees.
A.
Regulated activities in connection with a subdivision or land development.
(1)
When regulated activities are undertaken in connection with a subdivision or land development, the Borough Council shall review and render its decisions in accordance with the provisions of Chapter 240, Subdivision and Land Development. Approval of a subdivision or land development plan by the Borough Council shall be considered an approval of the SWM site plan and issuance of a stormwater management permit.
B.
Regulated activities not in connection with a subdivision or land
development.
(1)
When regulated activities are not undertaken in connection with a
subdivision or land development, application shall be made to the
Borough Secretary.
(2)
The Borough Secretary or other person designated by Borough Council
shall forward the application to the Borough Planning Commission,
the Borough Engineer and the Lancaster County Conservation District
for their respective reviews and recommendations.
(3)
All applications for approval of a SWM site plan shall be acted upon
by Borough Council, which shall render its decision and communicate
it to the developer not later than 90 days following the date the
application is filed.
(a)
The decision of the Borough Council shall be in writing and
shall be communicated to the developer personally or mailed to him
at his last known address not later than 15 days following the decision.
(b)
When the application is not approved in terms as filed, the
decision shall specify the defects found in the application and describe
the requirements which have not been met and shall, in each case,
cite the provisions of this chapter relied upon.
(c)
Approval of a stormwater management plan by the Borough shall
not be construed as an indication that the plan complies with the
standards of any agency of the commonwealth.
(d)
Unconditional approval of a SWM site plan by the Borough shall
be obtained by a developer prior to the issuance of a building permit
by the Borough.
(4)
The applicant shall submit the following to the Borough Secretary:
(a)
Two copies of the SWM site plan prepared in accordance with the requirements of Article IV of this chapter.
(d)
The filing fee (in accordance with the Borough's current fee
schedule).
(e)
An electronic copy of all plans, reports, and supplemental data.
All plans and reports shall be provided in PDF format.
C.
The SWM site plan, narrative and supporting calculations shall be
submitted in a format that is clear, concise, legible, neat and well
organized.
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 not be granted until applicable permits have been obtained.
E.
Incomplete submissions, as determined by the enforcement officer, 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 submission 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 § 226-95 of this chapter.
F.
At its sole discretion and in accordance with this article, when
a SWM site plan is found to be deficient, Mount Joy Borough may either
disapprove the submission and require a resubmission, or in the case
of minor deficiencies, Mount Joy Borough may accept submission of
revisions.
A.
Revisions to a SWM site plan after submission but before action by Borough Council shall require a resubmission of the modified SWM site plan consistent with § 226-54 and be subject to review by the enforcement officer and the Borough Engineer.
B.
For the purposes of review deadlines, each resubmission required under § 226-55A (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
review fee.
A.
Approval of a regulated activity shall be considered any of the following:
(1)
Issuance of a stormwater management permit by the enforcement officer
for small projects.
(2)
For regulated activities associated with a subdivision or land development
plan, approval of the SWM site plan by the Borough Council with signature
of the certificate in Appendix 6[1] by the Borough Council, and recording of the plan.
[1]
Editor's Note: Said appendix is on file in the Borough offices.
(3)
For regulated activities which are not associated with a subdivision
or land development plan, approval of the SWM site plan and signature
of the certificate in Appendix 6 by the Borough Council.
B.
Approval of a SWM site plan or a small project shall be valid for a period not to exceed one year unless an extension of time is approved in writing by the enforcement officer. This time period shall commence on the date the final subdivision or land development plan is recorded, the date that Borough Council approved the SWM site plan if the regulated activity is not connected with a subdivision or land development plan, or the date the enforcement officer issued the stormwater management permit in the case of small projects. If a certificate of completion as required by § 226-57 of this chapter 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 may be resubmitted in accordance with § 226-54 of this chapter.
C.
A written extension of an unexpired approval granted under this chapter
shall be issued by the enforcement officer following the submission
of a written request if, in the opinion of the enforcement officer,
the subject property or affected surrounding area has not be altered
in a manner which requires alteration to the SWM site plan.
A.
At the completion of the project, and as a prerequisite for the release
of the financial security, the applicant shall provide certificate
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 as as-built plan
to the Borough. The as-built plan must show the final design specifications
for all stormwater management facilities and be sealed by a registered
professional engineer.
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 stormwater management 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.
D.
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
PA South Zone State Plan Coordinate System (NAD83 for horizontal and
NAVD88 for vertical).
A.
The enforcement officer shall inspect all phases of the regulated
activity, including but not limited to the following phases:
(1)
The completion of preliminary site preparation, including stripping
of vegetation, stockpiling of topsoil and construction of temporary
stormwater management facilities.
(2)
The completion of rough grading, but prior to placement of topsoil,
permanent drainage or other site-development improvements and ground
covers.
(3)
During the construction of the permanent stormwater management facilities
at such times as specified by the enforcement officer.
(4)
The completion of permanent stormwater management facilities, including
establishment of ground covers and plantings.
(5)
The completion of any final grading, vegetative control measures
or other site restoration work done in accordance with the permit.
B.
No work shall begin on a subsequent phase (as identified in Subsection A) until the preceding phase has been inspected and approval has been noted on the permit.
C.
In order to avoid delays for inspections, it is the responsibility
of the developer to notify the enforcement officer 48 hours in advance
of the completion of each identified phase of development.
D.
Any portion of the work which does not comply with the approved plan
must be corrected by the developer. No work may proceed on any subsequent
phase until the required corrections have been made.
A.
Borough Council shall, prior to unconditionally approving a SWM site
plan, require financial security 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.
B.
Where required, the developer shall file with Borough Council security
in an amount sufficient to cover the costs of the stormwater management
facilities. Without limitation as to other types of financial security
which Borough Council may approve, the Borough Council shall approve
irrevocable unconditional letters of credit and restrictive or escrow
accounts with or issued by federal- or commonwealth-chartered lending
institution. Such financial security shall be posted with a bonding
company or federal- or commonwealth-chartered lending institution
chosen by the developer, provided that the bonding company or lending
institution is authorized to conduct business within the commonwealth
and first approved by Borough Council or its designated nominee. The
bond or other security shall provide for and secure to the public
completion of the stormwater management facilities within one year
of the date fixed on the permit for the facilities. The amount of
financial security shall be equal to 110% of the cost of the required
facilities for which financial security is to be posted. The cost
of the facilities shall be established by submission to Borough Council
of a bona fide bid or bids from the contractor or contractors chosen
by the developer to complete the facilities, or, in the absence of
bona fide bids, the cost shall be established by estimate approved
by the Borough Engineer. If the developer requires more than one year
from the date of posting of the financial security to complete the
required facilities, the amount of financial security may be increased
by an additional 10% for each one-year period or portion thereof beyond
the first anniversary date from the posting of financial security
or to an amount not exceeding 110% of the cost of completing the required
facilities as reestablished on or about the expiration of the preceding
one-year period by using the above bidding process.
C.
As the work of installing the required stormwater management facilities
proceeds, the developer may request Borough Council to release or
authorize the release, from time to time, of portions of the financial
security necessary to pay the contractor or contractors performing
the work. All such requests shall be in writing addressed to Borough
Council, which shall have 45 days from receipt of the request to allow
the Borough Engineer to certify, in writing, to Borough Council that
such portion of the work upon the facilities has been completed in
accordance with the permit. Upon such certification, Borough Council
shall authorize release by the bonding company or lending institution
of an amount as estimated by the Borough Engineer to fairly represent
the value of the facilities completed, or, if Borough Council fails
to act within the forty-five-day period, Borough Council shall be
deemed to have approved the release of funds as requested.
D.
Prior to the release of the final escrow estimate, the developer
shall post a maintenance bond with the Borough in the amount of 15%
of the performance bond. The maintenance bond shall be held for a
one-year period commencing with the date of acceptance of the stormwater
facilities by the Borough. Prior to the expiration of the maintenance
bond, Borough Council shall be presented with a written recommendation
by the Borough Engineer on the suitability of the bonded facilities.
