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:
(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 SWM facilities, if present.
(g)
Location and description of proposed SWM 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.
A.
The following regulated activities are specifically exempt from the SWM site plan preparation and submission requirements articulated in § 343-301A and Articles IV and V of this chapter:
(1)
Agricultural activity (see definitions), provided the activities
are performed according to the requirements of Chapter 102.
(2)
Forest management and timber operations (see definitions), provided
the activities are performed according to the requirements of 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 250 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 Subsection C 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 250 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 Subsection C. No person or activity is exempted from compliance with § 343-605 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.
(2)
The applicant for exemption under this Subsection C 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 E&S control requirements
of Chapter 102 and the proposed impervious surface shall not create
accelerated erosion and sedimentation.
(4)
The applicant shall comply with applicable state water quality
requirements. 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,[2] 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.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
Applicants are encouraged to schedule a pre-application meeting
to review the overall stormwater management concept with 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:
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.
E.
The conceptual project layout, including proposed structural and
nonstructural BMPs.
A.
When a SWM site 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.
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 Lancaster County Planning Commission, Lancaster County
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 Borough staff 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 § 343-805 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 may either disapprove
the submission and require a resubmission, or in the case of minor
deficiencies, the Borough may accept submission of revisions.
A.
When the regulated activity constitutes a subdivision or land development, the SWM site plan and subdivision/land development plan shall be processed concurrently according to the plan processing procedure outlined in Chapter 355, Subdivision and Land Development.
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 Borough
Council after the date the application is filed, Borough Council 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 Borough Council, written notice of Borough Council's
action shall be sent to the following individuals:
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.
G.
Approval of the SWM site plan application or small project application
does not constitute approval of all permits, licenses and certificates,
which may be required to be obtained from the Borough pursuant to
other ordinances of the Borough. To the extent that the regulated
activities require permits, licenses and/or certificates, the regulated
activities may not be commenced until such permits, licenses and/or
certificates are obtained.
H.
No building permits or certificates of occupancy shall be issued
for regulated activities unless the Borough Engineer has verified
that the SWM site plan standards and requirements herein are satisfied.
I.
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.
B.
For the purposes of review deadlines, each resubmission required under Subsection A (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 § 343-508 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 § 343-504 of this chapter.
A.
At the completion of the project, and as prerequisite for the release
of the financial security, an 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 and prior to the release
of financial security, the applicant shall submit an as-built plan
to the Borough. The as-built plan must show the final design specifications
for all SWM 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 SWM facilities on the subject
property and the SWM 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).
