The purpose of the final plan is to require formal approval by the City Council before plans for all subdivisions and land developments are recorded as required by §
197-35 of this chapter.
All illustrations and notes required under §
197-24 to accompany the preliminary plan shall be submitted in final form as part of the final plan submission.
[Amended 5-10-2004 by Ord. No. 1233-2004]
In addition to all illustrations and notes required under §
197-25 to accompany the preliminary plan, the following shall be submitted:
A. Profiles of all proposed storm sewers, including elevations, sizes, slopes and materials, at a scale of one inch equals 50 feet horizontal and one inch equals five feet vertical, as per §
197-26. Further, as a general condition of the regulation of stormwater originating within the jurisdiction of the City, the following four appendices are adopted and attached to the City Code as regulating stormwater and the specific requirements and provisions thereof and enforcement procedures therein are recognizing as constituting the substantive law of the City of Coatesville on the subject matter of stormwater: Appendix 1 (Prohibition against Nonstormwater Discharges); Appendix 2 (Requirement for Erosion and Sediment Controls); Appendix 3 (Postconstruction Stormwater Runoff Controls for New Development and Redevelopment, Including Operations and Maintenance of Stormwater); and Appendix 4 (Sanctions).
(1) Appendix 1: Prohibition Against Nonstormwater Discharges.
(a)
Prohibited discharges.
[1]
No person in the City shall allow, or cause to allow, stormwater discharges into the City's separate storm sewer system which are not composed entirely of stormwater, except as provided in Subsection
A(1)(a)[2] below and discharges allowed under a state or federal permit.
[2]
Discharges which may be allowed, based on a
finding by the City that the discharge(s) do not significantly contribute
to pollution to surface waters of the Commonwealth, are:
[a] Discharges from fire-fighting activities.
[b] Uncontaminated water from foundation
or from footing drains.
[c] Potable water sources, including
dechlorinated water line and fire hydrant flushings.
[d] Flows from riparian habitats and
wetlands.
[g] Pavement wash waters where spills
or leaks of toxic or hazardous materials have not occurred (unless
all spill material has been removed) and where detergents are not
used.
[h] Routine external building wash
down (which does not use detergents or other compounds).
[i] Air-conditioning condensate.
[j] Water from individual residential
car washing.
[k] Dechlorinated swimming pool discharges.
[m] Uncontaminated groundwater.
[n] Water from crawl space pumps.
[3]
In the event that the City determines that any of the discharges identified in Subsection
A(1)(a)[2] significantly contribute to pollution of waters of the commonwealth, or is so notified by the Department of Environmental Protection (DEP), the City will notify the responsible person to cease the discharge.
[4]
Upon notice provided by the City under Subsection
A(1)(a)[3], the discharger will have a reasonable time, as determined by the City, to cease the discharge consistent with the degree of pollution caused by the discharge.
[5]
Nothing in this section shall affect a discharger's
responsibilities under state law.
(b)
Prohibited connections. The following connections
are prohibited, except as provided in Section B above:
[1]
Any drain or conveyance, whether on the surface
or subsurface, which allows any nonstormwater discharge, including
sewage, process wastewater, and wash water, to enter the separate
storm sewer system, and any connections to the storm drain system
from indoor drains and sinks; and
[2]
Any drain or conveyance connected from a commercial
or industrial land use to the separate storm sewer system which has
not been documented in plans, maps or equivalent records and approved
by the City.
(2) Appendix 2: Requirement for Erosion and Sediment Controls.
(a)
Erosion and sediment control.
[1]
No regulated earth disturbance activities within
the City shall commence until approval by the City of an erosion and
sediment control plan for construction activities.
[2]
The Pennsylvania Department of Environmental
Protection (DEP) has regulations that require an erosion and sediment
control plan for any earth disturbance activity of 5,000 square feet
or more, under 25 Pa. Code § 102.4(b).
[3]
In addition, under 25 Pa. Code Chapter
92, a DEP NPDES construction activities permit is required for any earth disturbance one acre of more with a point source discharge to surface waters or the City's storm sewer system, or five acres or more regardless of the planned runoff (hereinafter collectively referred to as "regulated earth disturbance activities"). This includes earth disturbance on any portion of, part of or during any stage of a larger common plan of development.
[4]
Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office or County Conservation District must be provided to the City. An NPDES construction permit [or permit coverage under the statewide general permit (PAG-2)] satisfies the requirements Subsection
A(2)(a)[1].
[5]
A copy of the erosion and sediment control plan
and any required permit, as required by DEP regulations, shall be
available at the project site at all times.
(3) Appendix 3: Postconstruction Stormwater Runoff Controls
for New Development and Redevelopment, Including Operations and Maintenance
of Stormwater BMPs.
(a)
Postconstruction runoff control requirements.
[1]
No regulated earth disturbance activities within
the City shall commence until approval by the City of a plan which
demonstrates compliance with state water quality requirements after
construction is complete.
[2]
The BMPs must be designed to protect and maintain
existing uses (e.g., drinking water use; cold water fishery use) and
maintain the level of water quality necessary to protect those uses
in all streams and to protect and maintain water quality in special
protection streams, as required by statewide regulations at 25 Pa.
Code Chapter 93 (collectively referred to herein as "state water quality
requirements").
[3]
To control postconstruction stormwater impacts
from regulated earth disturbance activities, state water quality requirements
can be met by BMPs, including site design, which provide for replication
of preconstruction stormwater infiltration and runoff conditions,
so that postconstruction stormwater discharges do not degrade the
physical, chemical or biological characteristics of the receiving
waters. As described in the DEP Comprehensive Stormwater Management
Policy (#392-0300-002, September 28, 2002), this may be achieved by
the following:
[a] Infiltration: replication of preconstruction
stormwater infiltration conditions;
[b] Treatment: use of water quality
treatment BMPs to ensure filtering out of chemical and physical pollutants
from the stormwater runoff; and
[c] Streambank and streambed protection:
management of volume and rate of postconstruction stormwater discharges
to prevent physical degradation of receiving waters (e.g., from scouring
and erosion).
[4]
The DEP has regulations that require municipalities
to ensure design, implementation and maintenance of best management
practices (BMPs) that control runoff from new development and redevelopment
(hereinafter "development") after regulated earth disturbance activities
are complete. These requirements include the need to implement postconstruction
stormwater BMPs with assurance of long-term operations and maintenance
of those BMPs.
[5]
Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office or County Conservation District must be provided to the City. An NPDES construction permit [or permit coverage under the statewide general permit (PAG-2)] satisfies the requirements Subsection
A(3)(a)[1].
(4) Appendix 4: Sanctions.
(a)
Public nuisance.
[1]
The violation of any provision of this section
is hereby deemed a public nuisance.
[2]
Each day that a violation continues shall constitute
a separate violation.
(b)
Enforcement.
[1]
Whenever the City finds that a person has violated
a prohibition or failed to meet a requirement of this section, the
City may order compliance by written notice to the responsible person.
Such notice may require without limitation:
[a] The performance of monitoring,
analyses, and reporting;
[b] The elimination of prohibited discharges;
[c] Cessation of any violating discharges,
practices or operations;
[d] The abatement or remediation of
stormwater pollution or contamination hazards and the restoration
of any affected property;
[e] Payment of a fine to cover administrative
and remediation costs;
[f] The implementation of stormwater
BMPs; and
[g] Operation and maintenance of stormwater
BMPs.
[2]
Failure to comply within the time specified
shall also subject such person to the penalty provisions of this section.
All such penalties shall be deemed cumulative and shall not prevent
the City from pursuing any and all other remedies available in law
or equity.
(c)
Suspension and revocation of permits and approvals.
Any building, land development or other permit or approval for regulated
earth disturbance activities issued by the City may be suspended or
revoked by the governing body for:
[1]
Noncompliance with or failure to implement any
provision of the permit;
[2]
A violation of any provision of this section;
or
[3]
The creation of any condition or the commission
of any act during construction or development which constitutes or
creates a hazard or nuisance, pollution or which endangers the life
or property of others.
(d)
Penalties.
[1]
Any person violating the provisions of this
section shall be guilty of a summary offense, and upon conviction
shall be subject to a fine of not more than $1,000 for each violation,
recoverable with costs, or imprisonment of not more than 90 days,
or both. Each day that the violation continues shall be a separate
offense.
[2]
In addition, the City, through its Solicitor,
may institute injunctive, mandamus or any other appropriate action
or proceeding at law or in equity for the enforcement of this section.
Any court of competent jurisdiction shall have the right to issue
restraining orders, temporary or permanent injunctions, mandamus or
other appropriate forms of remedy or relief.
In addition to all illustrations and notes required under §
197-26, the plan shall contain the following:
A. Horizontal plan of storm drains and sanitary sewers,
which may be shown on a separate drainage plan, including:
(1) Location and size of line, with stations corresponding
to the profile.
(2) Locations of manholes or inlets, with the grade between
and elevation of flow line and top of each manhole or inlet.
(3) Property lines and properties of abutting owners,
with details of easements.
(4) Beginning and end of proposed construction.
(6) Location of all other drainage facilities and utilities
in the vicinity of storm and/or sanitary sewer lines.
(7) Hydraulic design data for culverts and/or bridge structures
and details of proposed handling of surface and/or subsurface drainage
problems.
B. Profile of storm drains and sanitary sewers, which
may be shown on a separate drainage plan, including:
(1) Profile of existing and proposed ground surface with
elevations at the top of manholes or inlets.
(2) Profile of storm drains or sewers, showing the type
and size of pipe, grade, cradle (if any), manhole or inlet locations
with the length and slope of the pipe between structures shown and
elevations at the flow line.
C. Plans and details of bridges, street trees, retaining
walls, stormwater management structures, soil erosion and sedimentation
control structures, lighting, disabled access parking, walls, fences
and all other proposed improvements, containing sufficient information
which would customarily be included in working drawings and specifications
for the proposed construction and which would enable the City Engineer
to perform an effective evaluation of the proposed improvements and
with specific detail which would allow the contractor to build the
same.
The as-built plan shall be drawn to the same
scale as the final plan, conservation plan, construction improvements
plan and profile plan and shall be certified to by the engineer of
the landowner or developer and approved by the City Engineer.
A. Said plan shall indicate the actual location, dimensions
and/or elevations of all completed improvements, including but not
limited to:
(1) Principal permitted buildings.
(3) The location of the cartway and curb, for both sides
of each street and alley.
(4) Sanitary sewer main, manholes, rim and invert elevations
and laterals.
(5) Storm sewer main, inlets, rim and invert elevations
and culverts.
(6) Water mains and fire hydrants.
(9) Landscaping and screen planting.
(11)
Permanent sedimentation, soil erosion control
and stormwater management structures with as-built storage volume
and outlet structure elevations and as-built elevations for the basin.
B. The as-built plan shall be submitted in complete and accurate form prior to the final release of funds being withheld, as provided in Article
X.
A subdivision and land development agreement shall be executed in accordance with §
197-14.
The recording of an approved final major subdivision and/or land development plan shall be as described in §
197-15.