[Ord. No. 6-2014, 15, passed 11-24-2014]
(a)
For any of the activities regulated by this article, the preliminary
or final approval of subdivision and/or land development plans, the
issuance of any zoning, building or occupancy permit, or the commencement
of any land disturbance activity may not proceed until the property
owner or developer or his/her agent has received written approval
of an SWM site plan from the City of Lebanon.
(b)
All SWM site plans shall be designed and certified by individuals
registered in the Commonwealth of Pennsylvania and qualified to perform
such duties based on education and training in hydrology and hydraulics.
[Ord. No. 6-2014, 15, passed 11-24-2014; Ord. 18-2016, 17, passed 8-28-2017]
(a)
General requirements. Any regulated activity that meets the
exemption criteria listed herein is exempt from the plan preparation
and processing requirements of this article. The criteria shall be
cumulative and shall apply to the total parent tract property and
development, even if development takes place in phases. Parent tracts
shall be properties as existing on the effective date of this article,
unless specified otherwise, and shall provide the basis for individual
or cumulative impervious area computations. Exemptions relieve the
property owner from plan submission but not from providing adequate
stormwater management and erosion and sedimentation pollution control
to meet the purpose of this article and protect adjoining properties.
(b)
Plan exemptions include the following:
(1)
Lot additions, land exchanges, subdivision of existing buildings
and other minor subdivision activity which does not involve new impervious
surfaces or any new building lots.
(2)
Agricultural activities, such as growing crops, plowing fields,
gardening, etc.
(3)
Regulated activities that, measured on a cumulative basis, create additional impervious areas of 1,000 square feet or less or involve removal of ground cover, grading, filling, or excavation of an area less than 1,000 square feet and do not involve the alteration of stormwater facilities or watercourses are exempt from the requirements in §§ 1382.311, 1382.312, 1382.313(c)(1), and 1382.403 through 1382.411.
(4)
Forest management and timber operations are exempt from the
SWM site plan preparation requirements of this article, provided the
activities are performed according to the requirements of 25 Pa. Code
Chapter 102.
(c)
Any lot which has been exempted from submission of an SWM site
plan, in accordance with the guidelines listed herein and is subsequently
found to be developed contrary to the plan exemption criteria shall
be subject to mandatory submission of the required plan. Failure to
satisfy these requirements is a violation of this article, punishable
as provided by Division VII of this article.
[Ord. No. 6-2014, 15, passed 11-24-2014]
(a)
General requirements. The SWM site plan shall contain all required
plans, maps, calculations, documentation and supportive information
necessary to satisfy the requirements of this article. SWM site plans
and hydrologic reports shall be prepared and certified by licensed
professionals registered in Pennsylvania and qualified to perform
such duties, based on education, training and experience. Plans shall
contain the name of the development and name, address, telephone number,
e-mail address, and engineering seal of the individual preparing the
report in addition to the following:
(1)
A general description of the proposed project.
(3)
Existing and proposed contours at intervals of two feet. In
areas of steep slopes (greater than 15%), five-foot contour intervals
may be used.
(4)
Plans shall be legible in every detail.
(5)
Existing and proposed land uses, buildings, structures, roads,
paved areas and any changes to the land surface or vegetative cover.
(6)
Project location on a 7.5-minute USGS map or equivalent.
(7)
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.
(8)
A stormwater management report containing:
A.
An introduction which summarizes the development proposal, methodology
of calculations, and the main components of the proposed stormwater
management design.
B.
Stormwater runoff calculations as specified in this article,
including complete hydraulic and structural computations for all stormwater
management facilities and volume control designs.
C.
Where multiple stormwater management facilities (including water
recharge and water quality) are used, an explanation of how these
facilities will interrelate is required.
D.
Pre- and post-development watershed subareas with time-of-concentration
path delineations clearly marked to indicate all sheet flow, shallow
concentrated flow and open channel segments by length and assumed
beginning and end elevations for each segment.
E.
In carbonate geology areas, a geologic assessment of the impact
of the proposed project and associated site improvements and any precautionary
or remedial actions recommended.
F.
Design and specifications for all stormwater management facilities,
groundwater recharge areas, water quality features and erosion and
sedimentation facilities.
G.
Horizontal and vertical profiles of all pipes, swales, open
channels and stormwater management facilities, showing existing and
proposed grades.
H.
Evaluation of the project's effect on upstream and downstream
adjoining properties.
I.
Adequate drainage easements around all stormwater management
facilities, with a twenty-foot minimum width required. All easements
require a metes-and-bounds description which closes within each lot
and ties to known points for final plan approval.
J.
Ownership and maintenance provisions.
K.
All designs, calculations and illustrations necessary to demonstrate
compliance with the design standards specified within this article,
as determined by the City Engineer.
M.
Date of visit by a design professional.
(b)
Stormwater management facilities.
(1)
All stormwater management facilities must be located on a plan
and described in detail. The volumes of stormwater detention required
shall be noted on the plan, as well as approximate dimensions of the
proposed facility.
(2)
Plans for groundwater recharge facilities must show the locations
of existing septic tank infiltration areas and wells. A minimum fifty-foot
separation from on-lot disposal system (OLDS) infiltration areas is
required. Infiltration rates shall be based upon percolation and probe
tests conducted at the site of the proposed facility.
(3)
All calculations, assumptions, and criteria used in the design
of the stormwater management facilities must be shown. If multiple
facilities are used in conjunction with each other, such as infiltration
BMPs with vegetation-based management practices, a summary narrative
shall be included describing any sequencing and how the facilities
are meant to function with each other to manage stormwater runoff.
(4)
A plan note shall be added to grant the City Engineer and City
officials and employees thereof the right of access to the property
for inspection of a stormwater BMP and, in the event of default by
the developer, installation of the stormwater management facilities.
(5)
Maintenance and ownership provisions shall be clearly spelled
out on the plan.
[Ord. No. 6-2014, 15, passed 11-24-2014]
(a)
Review of SWM site plans shall be the responsibility of the
City Engineer. Submissions shall supplement standard subdivision and
land development plan copies and include, at a minimum:
(b)
The City Engineer shall review the SWM site plan for consistency
with this article. The City Engineer shall require receipt of a complete
plan, as specified in this article.
(c)
The City Engineer shall review the SWM site plan, subdivision
or land development for any submission against the COLSALDO for all
provisions not superseded by this article.
(d)
Should the SWM site plan be determined to be consistent with
this article, the City Engineer will forward a letter recommending
approval to the City of Lebanon Planning Commission and the Mayor.
(e)
Should the SWM site plan be determined to be inconsistent with
this article, the City Engineer will forward a review letter recommending
revisions to or disapproval of the plan to the City of Lebanon Planning
Commission and the Mayor. Any inconsistent SWM site plans may be revised
by the developer and resubmitted.
(f)
For regulated activities requiring a DEP joint permit application,
the City Engineer (upon request of the applicant or applicant's
agent) shall notify the DEP whether the SWM site plan is consistent
with this article and forward a copy of the review letter to the City
of Lebanon Planning Commission and the Mayor. The DEP may consider
the City Engineer's review comments in determining whether to
issue a permit.
(g)
For regulated activities requiring a DEP National Pollutant
Discharge Elimination System permit application, the City Engineer
(upon request of the applicant or applicant's agent) shall notify
the DEP whether the SWM site plan is consistent with this article
and forward a copy of the review letter to the City of Lebanon Planning
Commission and the Mayor.
(h)
The City of Lebanon shall not approve any subdivision, land development, or SWM site plan for regulated activities, as defined in § 1382.201 of this article, if the SWM site plan has been found to be inconsistent with this article, as determined by the City Engineer. All required permits from DEP must be obtained prior to approval of any SWM site plan, subdivision or land development.
(i)
The City shall not issue a zoning or building permit for any regulated activity, as defined in § 1382.201 of this article, if the SWM site plan has been found to be inconsistent with this article, as determined by the City Engineer. All required permits from the DEP must be obtained prior to issuance of a zoning or building permit.
(j)
The developer shall maintain a copy of the approved SWM site
plan at the project site during construction, as record drawings.
Any discrepancies with the original design that warrant changes to
the SWM site plan shall be submitted to the City Engineer for review
and approval.
(k)
If the City disapproves the SWM site plan, the City will state
the reasons for the disapproval in writing.
(l)
Changes to the approved SWM site plan shall be authorized only
with the written approval of the City Engineer.
(m)
Prior to formal plan approval, plans containing stormwater management
design shall require the review signature of the City Engineer.
[Ord. No. 6-2014, 15, passed 11-24-2014]
(a)
The developer shall be responsible for providing as-built plans
of all SWM BMPs included in the approved subdivision, land development,
or SWM site plan. The as-built plans and an explanation of any discrepancies
with the construction plans shall be submitted to City of Lebanon.
(b)
The as-built submission shall include a certification of completion
signed by a qualified professional verifying that all permanent SWM
BMPs have been constructed according to the approved plans and specifications.
If any licensed qualified professionals contributed to the construction
plans, then a licensed qualified professional must sign the completion
certificate.
(c)
After receipt of the completion certification from the applicant's
qualified professional, the City Engineer may conduct a final inspection.
(d)
Minor residential subdivisions shall be exempt from the requirement
for submission of an as-built plan unless, in the opinion of the City
Engineer, as-built conditions vary from the approved plan such that
an as-built plan is warranted.
(e)
An as-built plan shall contain the following stormwater-related
information:
(1)
Actual location of floodplain by elevation and dimension from
property line.
(2)
Actual location and cross section of swales and accompanying
easements.
(3)
Actual horizontal and vertical location of SWM BMPs, including
type and size of storm drainage pipes.
(4)
For all storage SWM BMPs (e.g., stormwater basins, rain gardens
and infiltration facilities), the following information shall be provided:
A.
As-built elevation contours of the SWM BMP as applicable, or
the horizontal and vertical dimensions of underground facilities,
to include depth from ground surface to top of facility.
B.
Verification of materials used in construction (e.g., geotextile
materials).
C.
As-built outlet structure details, including type, size, and
inverts of discharge pipes.
D.
As-built elevations for embankments and emergency spillways.
E.
A table showing the stage/storage/discharge information for
the constructed conditions.
F.
A table providing a comparison of the approved design versus
the as-built discharge rates.
(f)
The City Engineer, the Lebanon County Conservation District
representatives, and duly authorized representatives of the City of
Lebanon may enter at reasonable times upon any property within the
City to inspect stormwater facilities, structures and related site
improvements for compliance with the approved plans and this article.
(g)
Construction of stormwater management, erosion control and related
facilities shall be in accordance with the approved subdivision and
land development plans and the requirements of this article. Construction
or development contrary to, or not in compliance with, the stormwater
management design on the approved subdivision or land development
plan shall be a violation of this article, punishable as provided
by Division VII of this article.
(h)
After subdivision and land development has been completed and
the site developed, the City Engineer may inspect the site periodically
to confirm operation and maintenance of the stormwater facilities
in accordance with the approved plan and this article.
(i)
The cost of inspections shall be paid by the person/entity responsible
for operation and maintenance of the stormwater facilities, in accordance
with a fee schedule adopted as part of this article or by a fee ordinance
adopted thereafter.
[Ord. No. 6-2014, 15, passed 11-24-2014]
A modification which involves a change in stormwater management
methods, facilities or techniques, or that involves the relocation
or redesign of stormwater management facilities, or which is necessary
because soil or other conditions are not as stated on the approved
plan, shall require a resubmission in accordance with the plan requirements
set forth in this article and the City of Lebanon Subdivision and
Land Development Ordinance.
[Ord. No. 6-2014, 15, passed 11-24-2014]
(a)
The provisions of this article are intended as minimum standards
for the protection of the public health, safety, and welfare. The
City of Lebanon reserves the right to modify or to extend them conditionally
in individual cases as may be necessary in the public interest; provided,
however, that such variation shall not have the effect of nullifying
the intent and purpose of this article, and that the applicant shows
that to the satisfaction of the City of Lebanon that the applicable
regulation is unreasonable, or will cause undue hardship, or that
an alternative proposal will allow for equal or better results. The
list of such modifications shall be listed on the plan.
(b)
In granting waivers/modifications, the City of Lebanon may impose
such conditions as will, in its judgment, secure substantially the
objectives of the standards and requirements of this article.
[Ord. No. 6-2014, 15, passed 11-24-2014]
For the purpose of this section, drainagecourses, swales, stormwater
inlets, pipes, conduits, detention and retention basins, subsurface
storage structures, and other stormwater management facilities shall
be included under the term "SWM BMPs."
(a)
The final plan shall reflect and/or be accompanied by supporting
documentation identifying the ownership and method of administering
and maintaining all permanent SWM BMPs.
(b)
The SWM site plan for the development site shall contain an
operation and maintenance plan for review by the City Engineer. The
operation and maintenance plan shall outline required routine maintenance
actions and schedules necessary to ensure proper operation of the
facility(ies).
(c)
The SWM site plan for the development site shall establish responsibilities
for the continuing operating and maintenance of all proposed SWM BMPs,
consistent with the following principles:
(1)
If a development consists of structures such as streets, sewers
and other public improvements which are to be dedicated to the City,
SWM BMPs may also be dedicated to and maintained by the City. However,
if the City accepts dedication of streets, the City is under no obligation
to accept dedication of SWM BMPs located outside of the public right-of-way.
(2)
If a development site is to be maintained in a single ownership
or if sewers and other public improvements are to be privately owned
and maintained, then the ownership and maintenance of SWM BMPs shall
be the responsibility of the owner, lessee, or private management
entity (e.g., homeowners' association or other parties of interest).
Facilities owned and maintained by a private entity shall be maintained
in accordance with the terms of an agreement, declaration of easement
or other legally binding documentation approved in form by the City
of Lebanon. The agreement, declaration of easement or other legally
binding documentation shall provide that the City of Lebanon and the
City Engineer have the right to:
A.
Inspect the facilities at any time.
B.
Require the private entity to take corrective measures and assign
the private entity reasonable time periods for any necessary action.
C.
Authorize maintenance to be done and lien all cost of the work
against the properties of the private entity responsible for maintenance.
(d)
The City of Lebanon, upon recommendation of the City Engineer,
shall make the final determination on the continuing maintenance responsibilities.
The Mayor reserves the right to accept the ownership and operating
responsibility for any or all of the stormwater management controls.
(e)
Maintenance of SWM BMPs shall include, but not be limited to,
the following:
(1)
Liming and fertilizing vegetated channels and other areas in
accordance with soil test recommendations.
(2)
Reestablishment of vegetation by seeding and mulching or sodding
of scoured areas or areas where vegetation has not been successfully
established.
(3)
Mowing as necessary to maintain adequate strands of grass and
to control weeds. Chemical weed control may be used if federal, state,
and local laws and regulations are met.
(4)
Removal of silt from all permanent structures which trap silt
and sediment in order to keep the material from building up in grassed
waterways, pipes, detention basins, infiltration structures, or other
SWM BMPs, and thus reducing their capacity to convey or store water.
(5)
Regular inspection of the areas in question to assure proper
implementation of SWM BMPs, maintenance and care.
(6)
All pipes, swales and detention facilities shall be kept free
of any debris or other obstructions and maintained in original design
condition.
(7)
Replacement or repair of damaged structural SWM BMPs or components
of such SWM BMPs.
[Ord. No. 6-2014, 15, passed 11-24-2014]
(a)
Prior to final approval of the site's SWM site plan, subdivision
plan, or land development plan, the property owner shall sign and
record the operation and maintenance (O&M) agreement contained
in Appendix C, which is attached and made part hereof, covering all
stormwater control facilities that are to be privately owned.
(1)
The owner, successor and assigns shall operate and maintain
all facilities in accordance with the approved schedule(s) in the
O&M plan.
(2)
The owner shall convey to the City easements to assure access
for periodic inspections and maintenance, as necessary, by the City
representatives.
(3)
The owner shall keep on file with the City the name, address,
and telephone number of the person or company responsible for operation
and maintenance activities. In the event of a change, new information
shall be submitted by the owner to the City within 10 working days
of the change.
(4)
Other items may be included in the agreement where determined
necessary to guarantee the satisfactory maintenance of all facilities.
The O&M agreement shall be subject to the review and approval
of the City.
(5)
The owner is responsible for operation and maintenance (O&M)
of the SWM BMPs. If the owner fails to adhere to the O&M agreement,
the City may perform the services required and charge the owner appropriate
fees. Nonpayment of fees may result in a lien against the property.
[Ord. No. 6-2014, 15, passed 11-24-2014]
(a)
SWM BMPs existing on the effective date of this article on individual lots which have not been accepted by the City or for which maintenance responsibility has not been assumed by a private entity such as a homeowners' association shall be maintained by the individual property owners. Such maintenance shall include, at a minimum, those items set forth in § 1382.408(e) above. If the City determines at any time that any permanent stormwater management facility has been eliminated, altered, blocked through the erection of structures or the deposit of material, or improperly maintained, the condition constitutes a nuisance, and the City shall notify the property owner of corrective measures which are required and provide for a reasonable period of time, not to exceed 30 days, within which the property owner shall take such corrective action. If the property owner does not take the required corrective action, the City may either perform the work or contract for the performance of the work and bill the property owner for the cost of the work plus a penalty of 10% of the cost of the work. If the property owner does not pay such bill within 30 days, the City may file a municipal claim against the property upon which the work was performed in accordance with the applicable laws.
(b)
No person shall modify, remove, fill, landscape or alter stormwater
management facilities which have been installed on a property unless
an SWM site plan has been approved to permit such modification, removal,
filling, landscaping or alteration. No person shall place any structure,
fill, landscaping or vegetation into a stormwater management facility
or within a drainage easement which will limit or alter the functioning
of the facility or easement in any manner.
[Ord. No. 6-2014, 15, passed 11-24-2014]
(a)
The City shall make the final determination on the continuing
maintenance responsibilities. The City may require a dedication of
such facilities as part of its requirements. Such a requirement is
not an indication that the City will accept the facilities. The City
reserves the right to accept or reject the ownership and operating
responsibility for any portion of the stormwater management controls.
(b)
Facilities, areas, or structures used as SWM BMPs shall be enumerated
as permanent real estate appurtenances and recorded as deed restrictions
or conservation easements that run with the land.
(c)
The operation and maintenance plan shall be recorded as a restrictive
deed covenant that runs with the land.
(d)
The City may take enforcement actions against an owner for any
failure to satisfy the provisions of this article.
