A.
The following regulated activities are specifically exempt from the SWM site plan preparation and submission requirements articulated in § 251-13A and Articles IV and V of this chapter:
(1)
An applicant proposing the cumulative installation of 1,000 square feet or less of impervious surface cover may be exempt from the design, plan submittal and processing requirements of Articles IV and V of this chapter if the proposal meets the criteria in this Subsection A(1). No person or activity is exempted from compliance with § 251-40, 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. Exemption shall not relieve an applicant from implementing such measures as necessary to meet compliance with any NPDES permit requirements. Exemption shall not relieve an applicant from complying with the lot coverage amounts as regulated by Chapter 320, Zoning, as amended.
(a)
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 A[1] and pay any applicable filing fee.
[1]
Editor's Note: The Appendixes to the Stormwater Management
Ordinance are on file in the Borough offices.
(b)
The applicant for exemption under § 251-21A(1) shall provide the Borough with all information necessary for the Borough to determine that:
[1]
There shall be no disturbance of land within floodplains, wetlands,
environmentally sensitive areas, riparian forest buffers or slopes
greater than 15%.
[2]
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.
[3]
The applicant shall minimize soil disturbance, take steps to
minimize erosion and sedimentation during construction activity and
promptly reclaim all disturbed areas within topsoil and vegetation.
[4]
The applicant shall take steps that runoff be directed to pervious
areas on the subject property. No runoff shall be directed onto an
abutting street or neighboring property.
[5]
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.
[6]
The proposed impervious surface shall not create accelerated
erosion and sedimentation.
(c)
If the proposed activity does not meet all of the criteria set forth in § 251-21A(1)(b) above, the applicant shall follow the small project processing procedure in § 251-22.
(d)
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. This exemption
does not provide relief from any other applicable state or federal
requirements.
(e)
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.
(2)
Agricultural activity, provided the activities are performed according
to the requirements of 25 Pa. Code Chapter 102.
(3)
Forest management and timber operations, provided the activities
are performed according to the requirements of 25 Pa. Code Chapter
102.
(4)
Conservation practices being installed as part of the implementation
of a conservation plan written by an NRCS certified planner.
(5)
Maintenance of municipal utility line (linear).
B.
The stormwater exemption application (refer to Appendix A-1[2]) shall be completed and copies shall be submitted to the
Borough and Borough designee for review. Upon receipt of a written
approval from the Borough or its designee, the applicant may proceed
with the proposed improvements.
[2]
Editor's Note: The Appendixes to the Stormwater Management
Ordinance are on file in the Borough offices.
C.
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.
A.
Anyone proposing a small project shall submit a total of three copies
of the small project application: one copy to the Borough Engineer
and two copies to the Borough.
B.
A complete small project application shall include:
(2)
Small project sketch plan (Appendix A-5[2]), 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.
[2]
Editor's Note: The Appendixes to the Stormwater Management
Ordinance are on file in the Borough offices.
(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.
D.
The small project application shall be reviewed by borough staff
or its designee and does not require processing through the Planning
Commission or the Borough Council. Upon receipt of a written approval
from the Borough, the applicant may proceed with the proposed improvements.
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 provided
by the applicant.
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.
[1]
Editor’s Note: Former § 251-24, Minor stormwater
management site plan submission, was repealed 8-6-2019 by Ord. No.
397.
A.
Anyone proposing a major stormwater management plan shall submit
a total of four copies of the application package, distributed as
follows: one copy of the complete submission package to the Borough
Engineer and three copies to the Borough. The filing fee (in accordance
with the Borough's current fee schedule) shall be provided directly
to the Borough.
B.
One copy of the major stormwater management site plan submission
shall be forwarded to the Borough Solicitor directly.
C.
The SWM site plan shall be submitted in a format that is clear, concise,
legible, neat and well-organized.
D.
The applicant is responsible for submitting plans to any other agencies
such as the 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.
E.
Incomplete submissions, as determined by the Borough staff or its designee, shall be returned to the applicant within seven 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 § 251-50 of this chapter.
F.
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.
An application for a stormwater management permit may be submitted to the Borough on any business day. In the event that a question arises as to whether a proposed activity requires a stormwater management permit, the landowner or developer shall furnish the Borough with such information as the Borough's Engineer may deem necessary to determine whether the proposed activity constitutes a land disturbance activity. A decision by the authorized Borough representative may be appealed to the Borough Council in accordance with § 251-50.
B.
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 265, Subdivision and Land Development.
C.
When the regulated activity constitutes a small project, the Borough
shall review and take action on the small project application within
30 days of filing.
D.
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.
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.
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 the literal compliance with
mandatory provisions of this chapter if the applicant can demonstrate
either:
B.
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.
C.
All requests for modification shall be processed in accordance with
the following:
(1)
A request for a waiver shall be submitted to the Borough with the
required fee for an appeal or waiver. The request shall be made in
writing and identify:
(3)
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 waiver.
B.
For the purposes of review deadlines, each resubmission required under § 251-26A (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.
A.
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.
B.
The applicant shall provide a 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.
C.
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.
D.
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
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, Borough Council 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, and not
for any other purpose.
Approval of a SWM site plan shall be valid for a period of one year unless a written request for a time extension is submitted and the Borough approves the extension. Any time extensions shall not exceed four additional, for a total of 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 § 251-29 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 of Adamstown. SWM site plans that are considered disapproved by the Borough may be resubmitted in accordance with Article IV 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 written certificate of completion, and prior
to release of the remaining financial security the Borough or its
designee 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 stormwater management facilities and be sealed by a registered
professional engineer. As-built plans shall include all information
identified on the checklist included in Appendix A-7.[1]
[1]
Editor's Note: The Appendixes to the Stormwater Management
Ordinance are on file in the Borough offices.
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 stormwater management facilities on the
subject property and the 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. Recording fees will be the responsibility
of the applicant/developer.
D.
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 two paper copies of the recorded plan.
