This article sets forth the application requirements for obtaining approval of subdivisions, land developments and land disturbances. The form of the various plans referred to in this article and information required to be forwarded with such plans shall be as specified in Article
IV.
Applicants are urged to discuss possible development sites and plan with the Borough Planning Commission prior to formal submission of any plan. The purpose of the preapplication meeting or sketch plan review is to afford the applicant an opportunity to receive the comments of the Borough Planning Commission. Submission of a sketch plan is optional and will not constitute formal filing of a plan with the Borough. Prospective applicants submitting a preapplication plan for review by the Planning Commission should generally include those items listed in §
265-19 of this chapter. Although all the plan information outlined by §
265-19 is not required to be shown on the sketch plan, the amount of information actually provided should be proportional to the size and involvement of the proposed activity. Plans shall be considered for informal review and discussion and shall not constitute formal filing of the plan with the Borough. The applicant shall attempt to follow any comments or concerns of the Planning Commission and staff and attempt to address these items in the preliminary plans.
All applications for approval of a subdivision plan, land development
plan, improvement construction plan or land disturbance plan, shall
be made by the developer filing an application form, to be supplied
by the Borough, together with the appropriate plans, studies, reports,
supporting data and required filing fee, with the Borough.
An application for approval of a land disturbance plan and stormwater management permit may be submitted to the Borough on any business day. In the event that a question arises as to whether a proposed activity requires a land disturbance plan, the landowner or developer may request that the Borough determine whether the proposed activity constitutes a land disturbance activity as defined in Article
II and, if so, whether such activity is exempted from obtaining approval under §
265-16A below. The landowner or developer shall furnish the Borough with such information as the Borough Engineer may deem necessary to determine whether the proposed activity constitutes a land disturbance activity. A decision of the Borough representatives may be appealed to the Borough Council in accordance with §
265-76 herein. Applications for approval of subdivision and/or land development plans may incorporate all of the necessary stormwater management information in lieu of application for a separate stormwater management permit.
A. Exemptions. The following activities are specifically exempt from
the plan requirements of this chapter:
(1) Use of land for gardening and landscaping of the property, when performed
as an accessory use to the primary use of the property.
(2) Agriculture when operated in accordance with a farm conservation
plan or erosion and sedimentation control plan approved by the Lancaster
County Conservation District. Application of this section to claim
exemption shall require submittal of written verification from the
Lancaster County Conservation District that an inspection has been
performed and the farm has, and is, implementing an approved farm
conservation plan or erosion and sedimentation control plan.
B. Application requirements.
[Amended 11-4-2003 by Ord. No. 310; 8-1-2006 by Ord. No. 329]
(1) Minor land disturbance activity. An application for a stormwater management permit for a minor land disturbance activity, as defined in Article
II of this chapter, shall include the following items:
(a)
One completed copy of the application for a stormwater management
permit, minor land disturbance activity. (See Appendix No. 23.)
(b)
Four copies of the stormwater management site plan prepared in accordance with §
265-23 of this chapter together with all required reports, calculations, and associated permits. The applicant shall provide one additional copy of the stormwater management site plan, together with all required reports, calculations and associated permits, to the Lancaster County Planning Commission and pay any fees imposed by the Lancaster County Planning Commission. The applicant shall provide the Borough with evidence that the applicant has provided such copy to the Lancaster County Planning Commission.
(c)
Permit fee in the amount as established by resolution or ordinance
of Borough Council.
(d)
Performance bond, when applicable, in accordance with §
265-28 of this chapter.
(2) Major land disturbance activity. An application for a stormwater management permit for a major land disturbance activity, as defined in Article
II of this chapter, shall include the following items:
(a)
One completed copy of the application for a stormwater management
permit, major land disturbance activity. (See Appendix No. 24.)
(b)
Four copies of the stormwater management site plan prepared in accordance with §
265-23 of this chapter, together with all required reports, calculations and associated permits. The applicant shall provide one additional copy of the stormwater management site plan, together with all required reports, calculations and associated permits, to the Lancaster County Planning Commission and pay any fees imposed by the Lancaster County Planning Commission. The applicant shall provide the Borough with evidence that the applicant has provided such copy to the Lancaster County Planning Commission.
(c)
Permit fee in the amount as established by resolution or ordinance
of Borough Council.
(d)
Performance bond, when applicable, in accordance with §
265-28 of this chapter.
(e)
Liability insurance, when applicable, in accordance with §
265-16E below.
C. Borough action.
(1) Borough staff may review the application with the Borough Engineer,
Borough Solicitor, the Lancaster County Conservation District and
other municipal officials in order to determine approval, conditional
approval or disapproval of the application.
(2) The Borough shall, within 90 days from the receipt of an application,
issue a permit or disapprove the application and transmit the decision
in writing to the applicant. Failure of the Borough to render a decision
and communicate it as prescribed above shall be deemed an approval
unless the time period is extended by the applicant.
(3) A notice of disapproval shall cite the reasons for disapproval.
D. Financial security. The Borough shall, prior to issuing a stormwater management permit, require financial security to be posted for the stormwater detention and/or retention basin and other drainage facilities which may adversely affect adjacent properties, streets or other public improvements in accordance with provisions outlined by Article
V of this chapter. Where required, the developer shall file with Borough Council financial security in an amount sufficient to cover the costs and installation of the stormwater management facilities, including any inspection fees reasonably expected to be incurred by the Borough.
E. Liability insurance. If in the opinion of Borough Council based upon
a report of the Borough Engineer the nature of the work is such that
it may create a hazard to human life or endanger adjoining property
or streets, then Borough Council shall, before issuing the permit,
require that the applicant file a certificate of insurance showing
that there exists insurance against claims for damage, including damage
to the Borough of Adamstown, by surface water flow which has been
altered on the site. The liability insurance shall be to the amount
prescribed by the municipality in accordance with the nature of risks
involved and include the Borough as an additional insured. Such insurance
shall be written by a company licensed to do business in the commonwealth.