[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.
(2) 
All plan information required by §§ 1377.02 through 1377.04 of the City of Lebanon Subdivision and Land Development Ordinance (COLSALDO), as applicable, for preliminary or final plans.
(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.
L. 
All applicable worksheets from Appendix H when establishing volume controls.[1]
[1]
Editor's Note: Appendix H is included as an attachment to this article.
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:
(1) 
Two copies of all plans, reports and calculations for all submissions, resubmissions, revisions or modifications.
(2) 
Two copies of all state, federal or municipal permits required as an approval prerequisite.
(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.