A. 
Anyone proposing a small project, shall submit 10 copies of the small project application to the Borough.
B. 
A complete small project application shall include:
(1) 
Small project application form (Appendix A).[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(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 land disturbance.
(e) 
Approximate footprint and location of all structures on adjacent properties if located within 50 feet of the proposed impervious area or land 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 of Marietta's current fee schedule).
C. 
The small project application shall be submitted in a format that is clear, concise, legible, neat and well organized.
A. 
The following regulated activities are specifically exempt from the SWM site plan preparation and submission requirements articulated in § 294-13A and Articles IV and V of this chapter:
(1) 
Agricultural activity (see definitions), provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
(2) 
Forest management and timber operations (see definitions), provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
(3) 
Conservation practices being installed as part of the implementation of a conservation plan written by an NRCS certified planner.
(4) 
The installation of 1,000 or fewer square feet of impervious surface coverage proposed after the effective date of this chapter or an earlier date, provided that the activities meet the criteria of § 294-26C below and are conducted in accordance with all requirements of this chapter.
(5) 
Domestic landscape and/or vegetable gardening.
B. 
The Borough may deny or revoke any exemption pursuant to this section at any time for any project that the Borough believes may pose a threat to public health, safety, property or the environment.
C. 
An applicant proposing the cumulative installation of 1,000 square feet or less of impervious surface coverage may be exempt from the design, plan submittal, and processing requirements of Articles III, IV, and V of this chapter if the proposal meets the criteria in this § 294-26C. No person or activity is exempted from compliance with§ 294-38 and Articles VII, VIII, and IX of this chapter. 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. Exemptions 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.
(1) 
Any applicant desiring exemption from design, plan submission, and plan processing requirements shall complete an application for exemption in the form set forth in Appendix D[1] and pay any applicable filing fee in accordance with the Borough of Marietta's current fee schedule.[2]
[1]
Editor's Note: Appendix D is included as an attachment to this chapter.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
The applicant for exemption under this § 294-26C shall provide the Borough with all information necessary for the Borough to determine that:
(a) 
There shall be no disturbance of land within floodplains, wetlands, environmentally sensitive areas, riparian forest buffers, or slopes greater than 10%.
(b) 
No impervious surface coverage shall be installed and no earth disturbance activity shall be conducted within any existing drainage or stormwater easement created by or shown on any recorded plan.
(c) 
The applicant shall minimize soil disturbance, take steps to minimize erosion and sedimentation during construction activity, and promptly reclaim all disturbed areas with topsoil and vegetation.
(d) 
The applicant shall take steps to insure that runoff is directed to pervious areas on the subject property. No runoff shall be directed onto an abutting street or neighboring property.
(e) 
The proposed impervious surface shall not adversely impact any existing known problem areas or downstream property owners or the quality of runoff entering any municipal separate storm sewer system.
(f) 
The applicant shall comply with the erosion and sediment control requirements of 25 Pa Code Chapter 102 and the proposed impervious surface shall not create accelerated erosion and sedimentation.
(3) 
If the proposed activity does not meet all of the criteria set forth in § 294-26C(2) above, the applicant shall follow the small project processing procedure in § 294-25.
(4) 
The applicant shall comply with applicable state water quality standards. If the proposed activity is located in a high quality (HQ) or exceptional value (EV) watershed, the applicant shall be responsible for compliance with all federal and state requirements applicable to these special protection waters. This exemption does not provide relief from any other applicable state or federal requirements.
(5) 
No applicant and no activity shall violate or cause to be violated: the Federal Clean Water Act, Clean Streams Law, or any regulation issued thereunder, an NPDES permit, any recorded stormwater management or operations and maintenance agreement, or any requirement applicable to a municipal separate storm sewer system.
Applicants are encouraged to schedule a preapplication meeting to review the overall stormwater management concept with Borough staff/Engineer. The preapplication meeting is not mandatory and shall not constitute formal filing of a plan with the Borough. Topics discussed may include the following;
A. 
Available geological maps, plans and other available data.
B. 
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.
C. 
Results of infiltration tests.
D. 
Applicable Subdivision and Land Development and/or Zoning Ordinance provisions.
E. 
The conceptual project layout, including proposed structural and nonstructural BMPs.
A. 
When a SWM plan is required, the applicant shall submit the following to the Borough for review and recommendations:
(1) 
Completed and signed SWM site plan application.
(2) 
Ten copies of the SWM site plan prepared in accordance with the requirements of Article IV of this chapter.
(3) 
Ten copies of all supporting information.
(4) 
Filing fee in accordance with the Borough of Marietta's current fee schedule.
(a) 
In the event that an applicant disputes the amount of such review fees, the applicant shall, within 10 days of the filing date, notify the Borough in writing that such fees are disputed.
(b) 
In the event that the Borough and the applicant cannot agree on the amount of the review fees which are reasonable and necessary, then the applicant and the Borough shall follow the procedure for disputed resolution set forth in the Municipalities Planning Code.
B. 
The SWM site plan shall be submitted in a format that is clear, concise, legible, neat and well organized.
C. 
The applicant is responsible for submitting plans to any other agencies such as the Marietta Borough Planning Commission, Marietta Borough Conservation District, PennDOT, DEP, etc., when permits from these agencies are required. Final approval shall be conditioned upon the applicant obtaining all necessary permits.
D. 
Incomplete submissions as determined by the governing body or its designee shall be returned to the applicant within 10 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 application 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 § 294-46 of this chapter.
E. 
At its sole discretion and in accordance with this article, when a SWM site plan is found to be deficient, the Borough of Marietta may either disapprove the submission and require a resubmission, or in the case of minor deficiencies, the Borough of Marietta may accept submission of revisions.
F. 
Approval of the SWM site plan application shall be communicated to the applicant by mail at the applicant's last known address.
G. 
No building permits or certificates of occupancy shall be issued unless the Borough Engineer verified that the SWM site plan standards and requirements herein are satisfied.
H. 
Approval of a SWM site plan by the Borough shall not be construed as an indication that the plan complies with the standards of any other agency.
A. 
When the regulated activity constitutes a subdivision or land development as defined in the Marietta Borough Subdivision and Land Development Ordinance, the SWM site plan and subdivision/land development plan shall be processed concurrently according to the plan processing procedure outlined in the current Marietta Borough Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
When the regulated activity constitutes a small project, the Borough shall review and take action on the small project application within 45 days of filing.
C. 
When the regulated activity does not constitute a subdivision or land development or small project, the Municipal Engineer shall review the SWM site plan for conformance with the provisions of this chapter.
D. 
Following receipt of the Municipal Engineer's report and within 90 days following the date of the first regular meeting of the governing body after the date the application is filed, the governing body will schedule the SWM site plan application for action at a regularly scheduled public meeting.
E. 
Within 15 days of the meeting at which the SWM site plan application is acted upon by the governing body, written notice of the governing body's action shall be sent to the following individuals:
(1) 
Landowner or his agent.
(2) 
Applicant.
(3) 
Firm that prepared the plan.
(4) 
Lancaster County Planning Commission.
(5) 
Lancaster County Conservation District.
F. 
If the Borough disapproves the SWM site plan, the Borough will state the reasons for the disapproval in writing. The Borough also may approve the SWM site plan with conditions and, if so, shall provide the acceptable conditions for approval in writing. Such conditional approval shall be contingent upon the applicant's written acceptance of the conditions.
A. 
Revisions to a SWM site plan after submission but before municipal action shall require a resubmission of the modified SWM site plan consistent with § 294-28 of this chapter and be subject to review as specified in § 294-29 of this chapter.
B. 
For the purposes of review deadlines, each resubmission required under § 294-20A (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.
Approval of a SWM site plan shall be valid for a period not to exceed five years. This time period shall commence on the date that the Borough approves the SWM site plan. If a certificate of completion as required by § 294-32 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 § 294-28 of this chapter.
A. 
At the completion of the project, and as prerequisite for the release of the financial security, the applicant shall provide certification 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 the applicant shall submit an as-built plan for recordation in the Office of the Recorder of Deeds. The as-built plan must show the final design specifications for all stormwater management facilities and be sealed by a registered professional engineer. When a digital submission of an as-built plan is required, all coordinates as depicted on the plan shall be based on the PA South Zone State Plane Coordinate System (NAD83 for horizontal and NAVD88 for vertical).
B. 
Concurrently with the recordation of the as-built plan, the applicant shall submit the SWM site plan for recordation in the Office of the Recorder of Deeds, unless the site plan has already been recorded.