Although not a requirement of this chapter, prior to proceeding with SWM site plan preparation and submission, the applicant is encouraged to request a preapplication meeting with the Borough, the Borough's Engineer, and a staff member of the York County Conservation District to discuss the plan concept and responsibility for submission of required documents and information. The SWM site plan shall consist of all applicable calculations, maps, and plans. The plan shall be sealed by a professional engineer. The engineer shall certify that the plan meets the minimum design requirements of this chapter. A note on the plan shall refer to the associated computations and erosion and sedimentation control plan shall refer to the associated SWM site plan sheets by title and date. All SWM site plan materials shall be submitted to the Borough in a format that is clear, concise, legible, neat and well organized; otherwise, the SWM site plan will be disapproved and returned to the applicant. Stormwater management facilities not located within a public right-of-way shall be contained in and centered within a drainage easement. Easements shall follow property boundaries where feasible. A note shall be included on the stormwater management plan indicating that nothing shall be placed, planted, set, or put within the area of the easement. No alterations to swales, basins, BMPs, or other stormwater management shall be permitted without written permission by the Borough. The following items shall be included in the SWM site plan:
A. 
Appropriate sections of the Borough's Subdivision and Land Development Ordinance,[1] and other applicable ordinances of the Borough regarding subdivision and land development plan preparation and applicable plan requirements shall be followed in preparing all SWM site plans, regardless of whether or not an SWM site plan involves a subdivision and/or land development plan.
[1]
Editor's Note: See Ch. 183, Subdivision and Land Development.
B. 
The Borough shall not approve any SWM site plan that is deficient in meeting the requirements of this chapter. At its sole discretion, and in accordance with this article, when an SWM site plan is found to be deficient, the Borough may either disapprove the submission, or, in the case of minor deficiencies, the Borough may accept the submission of a revised SWM site plan as noted in § 173-404 of this chapter.
C. 
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 discussed in Subsection E(9) below.
D. 
The following signature block for the Borough:
"(Municipal official or designee), on this date (date of signature), has reviewed and hereby certifies that the SWM site plan meets all design standards and criteria of the Borough Ordinance No. (number assigned to the Ordinance)."
E. 
If not required by the Borough Subdivision and Land Development Ordinance,[2] as specified in § 173-401A of this chapter, the SWM site plan shall also provide the following information where applicable:
(1) 
The overall stormwater management concept for the project, including any additional information required for a postconstruction stormwater management plan (PCSWMP) as applicable.
(2) 
A determination of site conditions in accordance with the BMP Manual. A detailed site evaluation shall be completed for projects proposed in areas of carbonate geology or karst topography, as well as for other environmentally sensitive areas, whether natural or man-made, including floodplains, streams, lakes, ponds, hydric soils, wetlands, brownfields and wellhead protection zones.
(3) 
Stormwater runoff design computations, and documentation as specified in this chapter, or as otherwise necessary to demonstrate that the maximum practicable measures have been taken to meet the requirements of this chapter, including the recommendations and general requirements in § 173-301.
(4) 
Expected project time schedule.
(5) 
A soil erosion and sediment control plan, where applicable, as prepared for, reviewed, and approved by the York County Conservation District.
(6) 
The effect of the project in terms of runoff volumes, water quality, and peak discharges/flows on surrounding properties and aquatic features, and on any existing stormwater conveyance system that may be affected by the project.
(7) 
Plan and profile drawings of all SWM BMPs, including drainage structures, pipes, open channels, and swales.
(8) 
The SWM site plan shall show the locations of existing and proposed on-lot wastewater facilities and water supply wells.
(9) 
The SWM site plan shall include an operation and maintenance (O&M) plan for all existing and proposed physical stormwater management facilities. This plan shall address long-term ownership and responsibilities for O&M as well as schedules and costs for O&M activities.
(10) 
A description of permanent stormwater management techniques, including the construction specifications of the materials to be used for stormwater management facilities.
(11) 
A notarized signature of the owner of the parcel for which the SWM site plan is proposed indicating that they are aware of, and will be responsible for, operation and maintenance of the facilities. The statement shall also acknowledge the stormwater management system will be a permanent fixture that can be altered or removed only after receipt of approval of a revised plan by the Borough.
(12) 
Existing and proposed land uses.
(13) 
The location of the proposed regulated activity relative to streets, municipal boundaries, and other significant man-made features.
(14) 
Significant physical features and associated boundary limits including flood hazard areas, sinkholes, existing drainagecourses, and areas of natural vegetation, and the total extent of the upstream area draining through the site.
(15) 
The location of existing and proposed utilities, stormwater facilities, sanitary sewers, and waterlines on the parcel and within 50 feet of property lines.
(16) 
Proposed changes to the land surface and vegetative cover, and the type and amount of existing and proposed impervious area.
(17) 
Existing and proposed structures, buildings, streets, driveways, access drives, and parking areas.
(18) 
Existing streams, lakes, ponds, or other bodies of water within the project site.
(19) 
An overlay showing soil names and boundaries.
(20) 
Maximum impervious coverage for each lot based on lot coverages defined in the Zoning Ordinance, Chapter 224, for each zoning district.
(21) 
Date of submission.
(22) 
The total tract boundary and size with distances marked to the nearest foot and bearings to the nearest degree.
(23) 
Soil evaluation to justify infiltration site location, location of on-site testing, and results of on-site testing to establish infiltration rates used for design.
(24) 
Preferred existing and proposed contour intervals of two feet in moderately sloped areas, and contours at intervals of five feet for slopes in excess of 15%. Dependent upon site conditions, alternative contour intervals proposed by an applicant or his designee may be accepted by the Borough.
(25) 
The name of the development, the name and address of the owner of the property, and the name and address of the individual or firm preparing the plan. Also to be included are the name, address, signature and seal of any registered surveyor (attesting the accuracy of the boundary survey), professional engineer, landscape architect, or professional geologist (for geomorphological assessments) contributing to and/or with a responsibility for any aspect of the plan where applicable.
(26) 
Preferred graphic and written scale of one inch equals no more than 50 feet. For parcels of 20 acres or more, the preferred scale is one inch equals no more than 100 feet. Dependent upon site conditions, an alternative scale proposed by the applicant or his designee may be accepted by the Borough.
(27) 
North point (arrow).
(28) 
A map showing all existing man-made features beyond the subject parcel's boundary lines that will be affected by the proposed regulated activities.
(29) 
Horizontal and vertical profiles of all open channels, including hydraulic capacity.
(30) 
A note on the plan indicating the location, and responsibility for maintenance of SWM facilities and/or easements that would be located on adjoining properties as a result of proposed regulated activities, and the location of such facilities and/or easements.
(31) 
A hydrogeologic assessment of the effects of stormwater runoff on sinkholes where present.
(32) 
The effect of the proposed regulated activity in terms of runoff volumes and peak flows on adjacent properties and/or any existing municipal stormwater collection system that may receive runoff from the project site.
(33) 
Drainage flow pathways.
(34) 
A location map, for the purpose of locating the project site to be developed, at a minimum scale of 1,000 feet to the inch, showing the relation of the tract to adjoining properties, and to all streets and municipal boundaries existing within 400 feet of any part of the tract of land on which the project site is proposed to be developed.
(35) 
A summary table on the plan identifying all BMPs including BMP ID, drainage area to the BMP, name of receiving water body, the BMP's inspection and maintenance frequency, name of responsible person or organization at the time of stormwater management plan approval and the lot numbers where the BMP is located.
(36) 
A planting plan is required for all vegetated stormwater BMPs.
(a) 
Native or naturalized/noninvasive species suitable to the soil and hydrologic conditions of the site shall be used unless otherwise specified in the BMP Manual.
(b) 
Invasive vegetation may not be included in any planting schedule.
(c) 
The limit of existing, native vegetation to remain shall be delineated on the plan along with proposed construction protection measures.
[2]
Editor's Note: See Ch. 183, Subdivision and Land Development.
F. 
Stormwater management facilities.
(1) 
All stormwater management facilities must be located on a plan and described in detail, including:
(a) 
Other control devices or methods including rooftop storage, semipervious paving materials, grass swales, parking lot ponding, vegetated strips, detention or retention ponds, storm sewers, etc.
(b) 
Basins. A cross section of the basin showing the relationship between the existing topography and the proposed bottom, spillway, top of embankment, and the outlet structure and the corresponding proposed finished grade elevations. A detail of the outlet structure shall be provided, including all pertinent construction requirements.
(c) 
Schedule for installation of the control measures and devices. In all cases, the proposed stormwater control devices must be completed prior to the creation of additional impervious area. Where stormwater management basins are used as sediment control facilities during construction, the conversion to the stormwater management facility shall occur within six months of stabilization of the site.
(2) 
When groundwater recharge methods such as seepage pits, beds, or trenches are used, a detailed cross section must be included, showing the locations of existing and proposed septic tank infiltration areas and wells.
(a) 
All piping used for seepage pits, beds or trenches shall be specified in the details, from the downspout drops to the infiltration site.
(b) 
A detail shall be shown for overflow devices at all connection points to downspouts. Overflow devices shall be directly away from the structure's wall a minimum of five feet.
(3) 
All calculations, assumptions, and criteria used in the design of the control device or method must be submitted with the plan, including, but not limited to: a) methodology for determining time of concentration and weighted runoff curve numbers; b) stage/storage/discharge table including sample calculations for determining discharge rates; c) summary table showing predevelopment, controlled and uncontrolled postdevelopment peak discharge rates for all required storms; and d) copies of infiltration test results when required.
(4) 
Discharge from uncontrolled impervious surfaces shall be no closer to a property line than one foot for every 25 square feet of impervious surface (measured along a vegetated flow path). The minimum distance is three feet.
G. 
Stormwater collection system.
(1) 
All catch basins, pipes, swales, and other means of conveyance of stormwater must be shown and described, including:
(a) 
A plan view of the collection system showing the location, size, and material for all catch basins, ditches, swales, and pipes.
(b) 
A profile of the collection system showing existing and proposed finish grades, proposed invert elevations and slope of each storm sewer or open channel segment.
(c) 
A topographic plan showing the area tributary to each design point in the collection system must be submitted with the plans.
A. 
Three copies of the SWM site plan shall be submitted as follows:
(1) 
Two copies to the Borough.
(2) 
One copy to the York County Planning Commission when an SWM site plan accompanies a subdivision/land development plan application.
B. 
Additional copies shall be submitted as requested by the Borough or DEP.
C. 
The Borough may establish a fee schedule for the review of SWM plans, the amount of which shall be set by resolution of the Borough Council.
D. 
Additional copies shall be submitted as requested by the Borough or DEP.
E. 
The Borough may establish a fee schedule for the review of SWM plans, the amount of which shall be set by resolution of the Borough's governing body.
A. 
SWM site plans shall be reviewed by the Borough for consistency with the provisions of this chapter.
B. 
Modification requests:
(1) 
When reviewing an SWM site plan, whether or not the SWM site plan is included in a subdivision and/or land development plan application, the Borough's governing body may, after consulting with DEP as noted in § 173-301C of this chapter, grant a modification of the requirements of one or more provisions of this chapter if the literal enforcement will enact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of the chapter is observed.
(2) 
All requests for a modifications from an applicant shall be in writing and shall accompany and be a part of the application for approval of an SWM site plan and/or a subdivision or land development plan as applicable. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the chapter involved and the minimum modification necessary.
(3) 
The Borough may grant a modification provided that all of the following findings are made in a given case:
(a) 
That there are unique physical circumstances or conditions, including irregularity of lot size or shape, or exceptional topographical or physical conditions peculiar to the particular property, and the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of this chapter in the stormwater management district in which the property is located.
(b) 
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a modification is therefore necessary to enable the reasonable use of the property.
(c) 
That such necessary hardship has not been created by the applicant.
(d) 
That the modification, if authorized, will represent the minimum modification that will afford relief and will represent the least modification possible of the regulation in issue.
(4) 
In granting of any modification, the Borough may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Act 167 Plan, the York County IWRP and this chapter.
(5) 
The governing body of the Borough shall keep a written record of all action on requests for modifications. The response of any consultation and/or review by DEP shall be included as an original report if available or otherwise documented in the required written record.
C. 
SWM site plan review and approval procedure:
(1) 
If an SWM site plan does not involve a subdivision and/or land development, the review of the SWM site, recommendations, approval, approval with conditions, or disapproval, i.e., the review and decision period, shall occur within 45 days of submission to the Borough. However, the Borough, in its sole discretion, may extend the review and decision period another 45 days due to the nature of the application and/or site conditions. If an extension of another 45 days is imposed or granted by the Borough beyond the first forty-five-day review and decision period designated by this subsection, the Borough shall notify the applicant in writing and deliver such notice to said applicant within 15 days of the decision to extend the review and decision period by the Borough. If no extension is imposed or granted by the Borough beyond the first forty-five-day review and decision period, and no decision has been rendered by the Borough within that period, the SWM site plan shall be deemed approved. Similarly, if after a forty-five-day extension of the review and decision period has been imposed or granted by the Borough, and no decision has been rendered by the Borough within that period, the SWM site plan shall be deemed approved.
(2) 
If an SWM site plan involves a subdivision and/or land development plan, the period of time from the submission to the Borough of the subdivision and/or land development plan application which includes the SWM Plan and the approval, approval with conditions, or disapproval, i.e., review and decision period, shall be 90 days, in accordance with the procedure for approval of plats in Section 508 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
(3) 
From the time an application for approval of a plat involving a subdivision or land development plan, whether preliminary or final, which includes an SWM site plan, is duly filed with the Borough, no change or amendment of this chapter or other governing ordinance or plan shall affect the decision on such application in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed, as specified in Section 508(4)(I) of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10508.
(4) 
The Borough Engineer shall review the SWM site plan for any subdivision or land development against the Borough Subdivision and Land Development Ordinance[3] provisions not superseded by this chapter. A written review will be provided to the Borough outlining the results of the review.
[3]
Editor's Note: See Ch. 183, Subdivision and Land Development.
(5) 
The Borough shall not approve any subdivision or land development for regulated activities specified in § 173-105 and defined by Article II of this chapter if the SWM site plan has been found to be inconsistent with this chapter, as determined by the Borough officials and/or Engineer. All required permits from DEP must be obtained prior to approval of any subdivision or land development.
(6) 
The Borough Building Permit Office shall not issue a building permit for any regulated activity specified in § 173-105 and defined by Article II of this chapter if the SWM site plan has been found to be inconsistent with this chapter, as determined by the Borough Engineer, or without considering the comments of the Borough Engineer. All required permits from DEP must be obtained prior to issuance of a building permit.
D. 
Decision notification procedure: In all cases, the decision of the Borough to approve or disapprove the SWM site plan shall be in writing and shall be delivered to the applicant no later than 15 days following the decision. If the SWM site plan is disapproved, the written decision by the Borough shall specify the defects in the application, describe the requirements which were not met, and shall cite the provisions of the chapter relied upon. If the SWM site plan is approved with conditions, the notification to the applicant shall state the acceptable conditions for approval and the time limit for satisfying such conditions. The time limit for satisfying conditions of approval shall be the time limit prescribed for conditional approval of subdivision and land development plans as stated in the Borough's Subdivision and Land Development Ordinance,[4] or the York County Subdivision and Land Development Ordinance, where applicable.
[4]
Editor's Note: See Ch. 183, Subdivision and Land Development.
A revision to a previously submitted SWM site plan that involves a change in SWM BMPs, stormwater management facilities, or changes in analytical techniques, or that involves the relocation or redesign of SWM BMPs, or that is necessary because soil or other conditions are not as stated on the SWM site plan, as determined by the Borough, shall require a resubmission of the revised SWM site plan in accordance with this article, including applicable fees. For NPDES permitted sites, any revised SWM site plan shall also be resubmitted to the York County Conservation District for review. In the case of an SWM site plan which contains minor deficiencies, such as a missing label, omission of a required note or minor construction detail, as determined by the Borough, the Borough may accept a resubmission of such SWM site plan without the requirement of a review fee, or for a lesser fee as provided for in the Borough's fee schedule.
A disapproved SWM site plan may be resubmitted, with the revisions addressing the Borough's concerns as stated regarding the original submission, to the Borough in accordance with this article. The applicable review fee must accompany the submission of a revised SWM site plan, unless such fee is waived by the Borough. (See § 173-404.)
A. 
SWM site plans independent of subdivision and land development plans. The Borough's approval of an SWM site plan, when such plan is submitted independent of a subdivision and/or land development plan, authorizes the regulated activities contained in the SWM site plan for a maximum term of validity of five years following the date of approval. The Borough may, in its sole discretion, specify a term of validity shorter than five years in the approval for any specific SWM site plan, particularly if the nature of the proposed SWM facilities require more frequent maintenance and/or short-term replacement of certain components. Terms of validity shall commence on the date the Borough signs the approval for an SWM site plan. If an approved SWM site plan is not completed according to § 173-407 within the term of validity, then the Borough may consider the SWM site plan disapproved and may revoke any and all permits. SWM site plans that are considered disapproved by the Borough may be resubmitted in accordance with § 173-405 of this chapter.
B. 
SWM Site plans included in a subdivision and/or land development plan. The Borough's approval of an SWM site plan, which is a part of a subdivision and/or land development plan, authorizes that plan and the regulated activities therein so that no subsequent change or amendment in this chapter or other governing ordinances or plans shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval, as specified in Section 508(4)(ii) - (vii) of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
A. 
The developer shall be responsible for providing as-built plans of all SWM BMPs included in the approved SWM site plan. The as-built plans and an explanation of any discrepancies with the construction plans shall be submitted to the Borough within six months after completion of the facility. In no case shall the Borough approve the as-constructed plans until the Borough receives a copy of the highway occupancy permit from the PennDOT District Office, and any applicable permits from DEP.
B. 
The as-built or as-constructed submission shall include a certification of completion signed by a qualified person verifying that all permanent SWM BMPs have been constructed according to the approved plans and specifications. If any licensed qualified person contributed to the construction plans, then a licensed qualified person must sign the completion certificate. Plans which are not properly documented and certified or which do not accurately reflect correct site conditions shall be rejected.
C. 
After receipt of the completion certification by the Borough, the Borough may conduct a final inspection to verify compliance with, and accuracy of, the as-built plans. All applicants acknowledge that SWM BMPs may have to be altered, reinstalled or otherwise improved based upon the final inspection findings.
A. 
The applicant shall provide financial security to the Borough to assure the timely installation and proper construction of all stormwater management facilities, including but not limited to erosion and sediment control measures and BMPs as required by the approved stormwater management plan and this chapter. The posting and administration of financial security to guarantee the completion of required improvements and common amenities shall comply with the provisions of this section, the MPC,[1] and other applicable laws of the commonwealth. Those projects that qualify for the usage of the small projects guide shall not be required to provide financial security.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
All financial security shall be prepared by the applicant in the form required by the Borough and in a form and content acceptable to the Solicitor for the Borough. The amount of the security shall be calculated in accordance with Article V of the MPC.[2] The following are acceptable forms of security. All other forms of security shall be individually approved by the Borough.
[2]
Editor's Note: See 53 P.S. § 10501 et seq.
C. 
Letter of credit. A letter of credit provided by the applicant from a financial institution or other reputable institution subject to the approval of the Borough. This letter shall be deposited with the Borough and shall certify the following:
(1) 
That the creditor does guarantee funds in an amount equal to 110% of the cost of completing all required improvements.
(2) 
In case of failure on the part of the applicant to complete the specified improvements within the required time period or notification by the financial institution that the letter of credit will not be renewed, the creditor shall pay to the Borough immediately and without further action, such funds as are necessary to finance the completion of those improvements, up to the limit of credit stated in the letter.
(3) 
The letter of credit may not be withdrawn or reduced in amount until released by the Borough.
D. 
Surety performance bond. A security bond from a surety bonding company authorized to do business in the commonwealth of Pennsylvania. The bond shall be payable and in a form acceptable to the Borough.
E. 
Escrow account. A deposit of cash with the Borough or in escrow with a financial institution. The use of a financial institution for establishing an escrow account shall be subject to approval by the Borough of an agreement between the financial institution and himself guaranteeing the following:
(1) 
That the funds of said escrow account shall be held in trust until released by the Borough, as appropriate, and may not be used or pledged by the applicant as security in any other manner during that period.
(2) 
In the case of a failure on the part of the applicant to complete said improvements, then the institution shall immediately make the funds in said account available to the Borough for use in the completion of those improvements.
(3) 
As the work of installing the required improvements proceeds, the party posting the financial security may request the Borough to authorize the release of such portions of the financial security associated with the completed improvements. Requests for the partial release of financial security as the work of installing the required improvements proceeds shall be made and governed by the MPC.[3]
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(4) 
At such time that the applicant has completed and installed the required improvements, the elected officials shall consider the applicant's request for a release from the improvement guarantee in accordance with the procedure set forth in the MPC.[4]
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
(5) 
At the completion of the project, and as a prerequisite for the release of the financial security, the applicant shall provide record plans in accordance with § 173-407.
(6) 
Upon receipt of the record plans and prior to the release of the remaining financial security as provided herein, the Borough shall conduct a final inspection to certify compliance with this chapter. In the event that any improvements which are required by this chapter have not been installed as provided in this chapter or in accordance with the approved stormwater management plan, the Borough may enforce any corporate bond or other security by appropriate legal and equitable remedies. If proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the elected officials may, at their option, install part of such improvements in all or part of the stormwater management plan and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the improvements.
[Amended 12-11-2023 by Ord. No. 599]