Borough of Elizabethtown, PA
Lancaster County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. 954, 12/19/2013]
1. 
The following regulated activities are specifically exempt from the SWM site plan preparation and submission requirements articulated in § 301, Subsection 1, and Parts 4 and 5 of this chapter:
A. 
An applicant proposing the cumulative installation of 1,000 square feet or less of impervious surface coverage may be exempt from design, plan submittal, and processing requirements of Parts 3, 4 and 5 of this chapter. No person or activity is exempted from compliance with § 604 and Parts 7, 8 and 9 of this chapter. The applicant shall comply with the erosion and sediment control requirements of 25 Pa. Code, Chapter 102. Exemptions do not relieve the applicant of the responsibility to secure the required permits or approvals for activities regulated by any other code, law, regulation, or ordinance. Exemption 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 proceeding for revocation. Any work undertaken or use established pursuant to such permit or other authorization is unlawful. Any applicant desiring exemption form design, plan submission, and plan processing requirements shall complete an application for exemption in the form set forth in Appendix A-1 and pay any applicable filing fee.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B. 
Agricultural activity (see definitions), provided the activities are performed according to the requirements of Chapter 102.
C. 
Conservation practices being installed as part of the implementation of a conservation plan written by an NRCS-certified planner.
D. 
Domestic landscape and/or vegetable gardening.
2. 
The stormwater exemption application (refer to Appendix A-1) shall be completed and submitted to the Borough. Upon receipt of a written approval from the Borough, the applicant may proceed with the proposed improvements.
3. 
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.
[Ord. 954, 12/19/2013]
1. 
Anyone proposing a small project shall submit three copies of the small project application to the Borough.
2. 
A complete small project application shall include:
A. 
Small project application form (Appendix A-2).[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B. 
Small project sketch plan, including the following (Appendix A-5):[2]
(1) 
Name and address of landowner (and/or) developer.
(2) 
Date of small project application submission.
(3) 
Name of individual and/or firm that prepared the sketch if different than the landowner and/or developer.
(4) 
Location and square footage of proposed impervious area or land disturbance.
(5) 
Approximate footprint and location of all structures on adjacent properties if located within 50 feet of the proposed impervious area or land disturbance.
(6) 
Approximate location of existing stormwater management facilities if present.
(7) 
Location and description of proposed stormwater management facilities.
(8) 
Direction of proposed stormwater discharge (e.g., with arrows).
(9) 
Scale and North arrow.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
C. 
Filing fee (in accordance with the Borough's current fee schedule).
3. 
The small project application shall be submitted in a format that is clear, concise, legible, neat and well-organized.
4. 
The small project application shall be reviewed by Borough staff and does not require processing through the Planning Commission or Borough Council. Upon receipt of a written approval from the Borough, the applicant may proceed with the proposed improvements.
[Ord. 954, 12/19/2013]
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. 
The developer shall provide 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 Borough Subdivision and Land Development and/or Zoning Ordinance provisions.
E. 
The conceptual project layout, including proposed structural and nonstructural BMPs.
[Ord. 954, 12/19/2013]
1. 
When a minor SWM plan is required, the applicant shall submit the following to the Borough:
A. 
Eight copies of the SWM plan prepared in accordance with the requirements of Article V of this chapter.
B. 
Two copies of all supplemental data, including a minor stormwater management application (Appendix A-3).[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
C. 
A filing fee (in accordance with the Borough's current fee schedule).
2. 
The minor SWM plan shall be submitted in a format that is clear, concise, legible, neat and well-organized.
3. 
The applicant is responsible for submitting plans to any other agencies, such as the Borough Engineer, 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.
4. 
Incomplete submissions, as determined by the Borough staff or its designee, shall be returned to the applicant within 15 business 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 § 1004 of this chapter.
5. 
At its sole discretion and in accordance with this Part, when an 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.
6. 
The minor stormwater management plans shall be reviewed by Borough staff or its designee and do not require processing through the Planning Commission or Borough Council. Upon receipt of a written approval from the Borough, the applicant may proceed with the proposed improvements.
[Ord. 954, 12/19/2013]
1. 
When a major SWM site plan is required, the applicant shall submit the following to the Borough:
A. 
Eight copies of the SWM site plan prepared in accordance with the requirements of Article V of this chapter.
B. 
Two copies of all supplemental data, including a major stormwater management plan application (Appendix A-4).[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
C. 
A filing fee (in accordance with the Borough's current fee schedule).
2. 
The SWM site plan shall be submitted in a format that is clear, concise, legible, neat and well-organized.
3. 
The applicant is responsible for submitting plans to any other agencies, such as the Borough Engineer, 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.
4. 
Incomplete submissions, as determined by the governing body or its designee, shall be returned to the applicant within 15 business 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 § 1004 of this chapter.
5. 
At its sole discretion and in accordance with this Part, when an 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.
6. 
The major stormwater management plan shall be processed through the Borough Planning Commission and Borough Council.
[Ord. 954, 12/19/2013]
1. 
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 22.
2. 
When the regulated activity constitutes a small project, the Borough shall review and take action on the small project application within 15 business days of filing.
3. 
When the regulated activity does not constitute an exemption or small project, the Borough Engineer shall review the SWM site plan for conformance with the provisions of this chapter.
4. 
Following receipt of the Borough Engineer's report and within 90 days following the date of the first regular meeting of the Borough Council after the date the application is filed, the Borough Council will schedule the SWM site plan application for action at a regularly scheduled public meeting.
5. 
Within 15 days of the meeting at which the SWM site plan application is acted upon by the Borough Council, written notice of the Borough Council's action shall be sent to the following individuals:
A. 
The applicant.
B. 
The firm that prepared the plan.
6. 
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.
7. 
Upon unconditional plan approval, the Borough or its designee will complete and issue the stormwater management permit allowing construction of the project to commence.
[Ord. 954, 12/19/2013]
1. 
The provisions of this chapter are intended as minimum standards for the protection of the public health, safety and welfare. The Borough Council may grant a modification from literal compliance with mandatory provisions of this chapter if the applicant can prove and establish that an alternative proposal will allow for equal or better results on the applicant's site.
2. 
The approval of the modification shall not have the effect of making null and void the intent and purpose of this chapter. In the approval of a modification, the Borough Council may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.
3. 
All requests for modifications shall be processed in accordance with the following:
A. 
A request for a modification shall be submitted to the Borough. The request shall be made in writing and identify:
(1) 
The specific section of this chapter or decision which is requested for modification;
(2) 
The proposed alternative to the requirement, when applicable; and
(3) 
Justifications for an approval of the modification.
B. 
The Borough shall:
(1) 
Schedule the request for consideration by the Borough Council at a public meeting within 45 days of receipt; and
(2) 
Provide adequate notice to the applicant and any other involved parties of the meeting at which consideration of the request is scheduled.
C. 
The Borough Council shall, following consideration of the request, take such public action as it shall deem advisable and notify all parties involved of the action. Such notice shall cite the findings and reasons for the deposition of the modification.
D. 
Any application requesting a modification under this section shall be accompanied by adequate supporting engineering data and plans and shall be subject to review and recommendations of the Borough Engineer prior to any action by the Borough.
4. 
Waivers or modification of § 302, relating to water quality and volume control, require processing and approval by the regional office of the PADEP. The applicant shall initiate and facilitate all consultations between the DEP and the Borough.
[Ord. 954, 12/19/2013]
1. 
Revisions to an SWM site plan after submission, but before Borough action, shall require a resubmission of the modified SWM site plan consistent with §§ 404 and 405 of this chapter and be subject to review as specified in § 406 of this chapter.
2. 
For the purposes of review deadlines, each resubmission required under § 408, Subsection 1 (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.
3. 
Any substantial revisions to an SWM site plan after approval shall be submitted as a new plan to the Borough, accompanied by the applicable review fee.
[Ord. 954, 12/19/2013]
Approval of an SWM site plan shall be valid for a period of one year unless extended by the Borough. Any time extensions shall not exceed four additional one-year extensions, for a total of five years. If a certificate of completion as required by § 411 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 Part 4 of this chapter.
[Ord. 954, 12/19/2013]
1. 
A financial security (bond, restricted account or letter of credit) for stormwater-related improvements shall be supplied by the developer in conjunction with the subdivision/land development approval, or in conjunction with the SWM site plan approval if no subdivision/land development plan is required. The Borough shall, prior to issuing a stormwater management or earth disturbance permit, require financial security to be posted.
2. 
The applicant shall provide financial security to the Borough for the timely installation and proper construction of all SWM facilities, including E&S BMPs, as required by the approved SWM site plan and this chapter and, as applicable, in accordance with the provisions of Sections 509, 510 and 511 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. §§ 10509, 10510 and 10511.
3. 
As the work of installing the required SWM facilities proceeds, the party posting the financial security may request the Borough Council to release or authorize the release, from time to time, of such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Borough Council, and the Borough Council shall have 45 days from receipt of such request within which to allow the Borough Engineer to certify, in writing, to the Borough Council that such portion of the work upon the SWM facilities has been completed in accordance with the approved SWM site plan. Upon such certification, the Borough Council shall authorize release by the bonding company or lending institution of an amount as estimated by the Borough Engineer fairly representing the value of the SWM facilities completed. The Borough Council may, prior to final release at the time of completion and certification by its Engineer, require retention of 10% of the estimated cost of the aforesaid SWM facilities.
4. 
In the event that any SWM facilities which may be required have not been installed as provided in the approved SWM site plan, the Borough Council is hereby granted the power to enforce any corporate bond or other security by appropriate legal and equitable remedies. If the proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the SWM facilities covered by said security, the Borough may, at its option, install part of such SWM facilities and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the SWM facilities. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the SWM facilities covered by such security.
[Ord. 954, 12/19/2013]
1. 
At the completion of the project, and as prerequisite for the release of the financial security, the applicant shall provide the certification of completion (Appendix A-8)[1] 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.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
2. 
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.
[Ord. 954, 12/19/2013]
1. 
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, grading and site improvements and be sealed by a registered professional engineer or surveyor. As-built plans shall include all information identified on the checklist included in Appendix A-7.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
2. 
Review by Borough Engineer.
A. 
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 facilities are shown at the correct location.
B. 
The Borough Engineer shall either approve the as-built plan or identify corrections required.
C. 
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.
3. 
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. Recording fees will be the responsibility of the applicant/developer.
4. 
Upon completion of recording, a digital copy of the as-built plan, the SWM site plan signed and sealed with the recording information and calculations, waiver requests and other documents shall be submitted to the Borough along with one paper copy of the recorded plan.
A. 
The digital inventory shall be in an electronic format acceptable to the Borough Engineer.
B. 
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).