[Ord. 494, 3/8/1982, § 1; as amended by Ord. 507, 4/9/1985,
§ 1]
Wellsboro Municipal Authority, a Pennsylvania municipal authority.
The Borough of Wellsboro, Tioga County, Pennsylvania, a Pennsylvania
municipal corporation, acting by and through its Councilor, in appropriate
cases, acting by and through its authorized representatives.
The former Wellsboro Water Company, a former Pennsylvania
public utility corporation, but now out of existence.
A person who, prior to, upon or after April 1, 1982, has
contracted or shall contract, as appropriate, for water service for
a consumer unit and/or a person who, upon or after April 1, 1982,
is receiving or shall receive, as appropriate, water service for a
consumer unit, with respect to the water system.
A building under one roof and occupied by one family or business.
A combination of buildings in one enclosure or group and occupied
by one family or business.
One side of a double building or house having a solid vertical
partition wall.
A building, house or other structure, or any room, group of
rooms or part thereof, occupied by more than one family or business,
the water fixtures of which are used in common.
Each room or group of rooms in a building, house or other structure
occupied or intended for occupancy as separate living quarters by
a family or other group of persons living together or by a person
living alone, the water fixtures of which are not used in common.
Each trailer occupied by one family or business.
Each public school or municipal building.
Any combination of the foregoing which, with the consent and
permission of this Borough, shall receive water service through one
service connection to the water system.
The agreement of lease dated as of June 1, 1965, between
the Authority and this Borough with respect to the water system.
One calendar month as shall be appropriate under the circumstances.
An individual, a partnership, an association, a corporation,
a joint stock company, a trust, an unincorporated association, a governmental
body, a political subdivision, a municipality, a municipality authority
or other group or entity.
Each calendar quarter of each calendar year, as shall be
appropriate under the circumstances.
The Township of Charleston, Tioga County, Pennsylvania, a
Pennsylvania municipal subdivision.
Physically making a tap on the water distribution line.
That district or land area which is serviced by the water
system as defined herein.
The water works, water supply works and water distribution
system facilities, together with all appurtenant facilities and properties,
including all property, real, personal and mixed, which the Authority
heretofore has acquired from the Company, together with all appurtenant
facilities which the Authority heretofore has acquired, including
all property, real, personal and mixed, rights, powers, licenses,
easements, rights of way, privileges, franchises and all other property
or interests in property of any nature, for use in connection with
constructing, operating and maintaining said water facilities, and
all additions, extensions, alterations and improvements which hereafter,
from time to time may be made thereto, all of which facilities have
been leased by the Authority to this Borough under and pursuant to
the lease for operation and use, whether such facilities shall be
located in this Borough or in the Township or in the Township of Duncan,
Tioga County, Pennsylvania
[Ord. 494, 3/8/1982, § 2; as amended by Ord. 507, 4/9/1985,
§ 2; by Ord. 517, 12/8/1986, § 2; by Ord. 528, 12/30/1987,
§ 2; by Ord. 534, 12/29/1988, § 2; by Ord. 589; by Ord.
620, 6/12/2006) 1/11/1999; by Ord. 598, 1/31/2001; by Ord. 655, 1/24/2011,
§ 2; by Ord. 662, 12/19/2011; and by A.O. ]
1.
The following water rates, rents and charges are fixed, adopted,
established and imposed upon each Consumer served or to be served
by the Water System, for use thereof, applicable with the January
2012 Billing Period:
A.
Schedule of Meter Rates (applicable to all metered consumers).
(1)
Consumption Charges. Subject to provisions hereinafter set forth in this Subsection 1A(1) with respect to the minimum charges per monthly billing period for the consumption of water as follows:
|
Quantity Per Monthly Billing Period
|
Rate Per 1,000 Gallons
| |
|---|---|---|
|
For the first 32,000 gallons after minimum
|
$5.91
| |
|
For the next 67,000 gallons
|
$2.94
| |
|
After 100,000 gallons
|
$1.48
|
|
Provided, however, that such consumption charges with respect
to all metered consumers shall be subject to the following minimum
charges per monthly billing period:
|
|
Size of Meter
|
Rate Per Monthly Billing Period
| |
|---|---|---|
|
5/8 inch and 5/8 inch x 3/4 inch
|
$11.77
| |
|
3/4 inch
|
$15.52
| |
|
1 inch
|
$29.78
| |
|
1 1/4 inch
|
$42.63
| |
|
1 1/2 inch
|
$61.36
| |
|
2 inch
|
$95.06
| |
|
3 inch
|
$171.08
| |
|
3 1/2 inch
|
$217.49
| |
|
4 inch
|
$264.02
| |
|
6 inch
|
$361.07
| |
|
8 inch
|
$392.45
|
B.
Schedule of General Flat Rates (Applicable to all Nonmetered Consumers
that are not covered by special flat rate classifications set forth
in Subsection 1C of this section).
|
$45 per quarter annum period for each consumer unit.
|
C.
Schedule of Flat Rates for Special Classifications.
(1)
For private sprinkler or fire service system service:
|
Size of Connection
|
Rate Per Annum
| |
|---|---|---|
|
1 inch
|
$40
| |
|
2 inch
|
$49.50
| |
|
3 inch
|
$66
| |
|
4 inch
|
$123.75
| |
|
5 inch
|
$247.50
| |
|
8 inch
|
$467.50
|
(2)
Sixty dollars per annum for each private fire hydrant connected
to the water system.
(3)
For installing and disconnecting a "temporary" water meter the
consumer shall pay the actual cost of the Borough ("temporary" shall
be for a period of less than 90 days).
(4)
Twenty dollars per day or portion thereof (where a water meter
is not practical) for use of said water within the water service district
limits, i.e., for tree spraying, contractors, carnivals, etc.
(5)
Each consumer shall pay the following fees for a new water service
connection charge when said connection shall first be made:
|
3/4 inch
|
$600
| ||
|
1 inch
|
$600
| ||
|
Over 1 inch
|
$600
|
Plus actual costs over $600
|
(6)
The Borough reserves the right to refuse to supply water service
to any customer on a nonmetered basis.
(7)
Each consumer shall pay a $50 fee for each time the Borough
is requested to provide a water meter installation.
(8)
Each consumer shall pay at the time of connection a deposit
of $50. Said deposit shall be applied to the bill when said consumer
shall have paid for water service for a period of 12 months or for
the full period of service rendered, whichever is less.
2.
Where more than one nonmetered consumer unit is located in one building,
house or other structure owned by one consumer, and such building,
house or other structure, at the discretion of this Borough, is served
by one service connection, multiple charges per billing period shall
be imposed upon such consumer equal to the number of consumer units
located in such building, house or other structure. Such multiple
charge per billing period shall be computed by applying the Schedule
of General Flat Rates established under Subsection 1B of this section
to each consumer unit so served.
3.
Where more than one consumer unit is located in one building, house
or other structure owned by one consumer, which shall be served by
a single meter or by multiple meters, a single charge per billing
period for all such consumer units shall be imposed upon the consumer,
whether the multiple consumer units located therein shall be served
through a single meter or by multiple meters. Such single charge per
billing period shall be computed on the basis of the single meter
reading, if applicable, and by applying thereto, as appropriate, the
consumption charges established under Subsection 1A of this section.
Provided, however, that in the case of the consolidation of multiple
meter readings, the minimum charges shall be computed on the basis
of the size of the meter which would have been used if only a single
meter had been installed to serve all such consumer units of such
consumer.
[1]
Editor's Note: The current rates are as set forth on the Comprehensive
Fee Schedule as set from time to time by the Borough Council.
[Ord. 494, 3/8/1982, § 3; as amended by Ord. 517, 12/8/1986,
§ 3; and by A.O.]
1.
Beginning January 1, 1987, bills for consumer units shall be rendered to the consumer on the first day of each calendar month, or as soon after the first day of each month as is possible. Said bill shall represent the amount due for water service rendered during the preceding month and shall be due and payable as set forth in Subsection 2.
2.
All bills for consumer units for water service shall constitute the
net bill. If any such net bill for water service shall not be paid
within 15 calendar days after the date thereof, such net bill shall
be deemed delinquent and a penalty of 10% shall be added to the unpaid
portion thereof; the net bill plus any such penalty shall constitute
the gross bill. Payment made or mailed and postmarked on or before
the last day of such fifteen-day period, as above set forth, shall
constitute payment within such period. If the end of such fifteen-day
period shall fall on a legal holiday or on a Sunday, payment made
or mailed and postmarked on the next succeeding business day which
is not a legal holiday shall constitute payment within such fifteen-day
period.
3.
If a bill for a consumer unit shall remain unpaid for a period of
30 days after the same shall have become due and payable, water service
may be discontinued by this Borough upon five days' written notice
to the consumer whose bill is delinquent, in which case water service
will not be restored until the gross bill, together with the turn-on
charge in effect at the time, as established from time to time by
resolution, shall have been paid.
4.
Whenever any water service to any consumer unit shall begin after
the first day or shall terminate before the last day of any quarter
annum period, the water rates, rents and charges for such period shall
be prorated equitably for that portion of the quarter annum period
during which service was provided. Likewise, when any consumer unit
shall be converted from a flat rate basis for billing to a metered
rate basis for billing as a result of installation of a meter, the
water rates, rents and charges for the quarter annum period then in
progress shall be adjusted equitably for such consumer unit.
5.
Each bill for a consumer unit for water service shall be made out
in the name of and shall be the responsibility of the owner. For the
convenience of the owner and tenants, the bill may be sent to the
tenant, but the final responsibility for payment shall be borne by
the owner. Failure to receive a bill for water service shall not be
considered an excuse for nonpayment, nor shall such failure result
in an extension of the period of time during which such bill shall
be payable without penalty.
6.
A consumer desiring abatement of a water bill due to a vacancy shall
give notice in writing to this Borough requesting water service to
be shut off. All vacancies shall date from the day the required notice
is received by this Borough or from the date specified in the notice
requesting water service to be shut off, whichever is later. Allowance
shall be made for the period of vacancy in computing the bill of the
consumer; provided, however, that no abatement shall be made for a
period of less than one month.
7.
Bills for fire hydrant charges shall be rendered upon such date in
each calendar year as shall be mutually agreed upon by this Borough
and the appropriate municipal officials of the municipalities involved
in the case of public fire hydrants, and by this Borough and the consumer
in the case of private fire hydrants.
8.
Each consumer shall pay an equal amount of any Pennsylvania DEP water
system permitting fee, which will be applied to the April water bill,
annually.
[Added by Ord. No. 691, 3/11/2019]
[Ord. 494, 3/8/1982, § 4; as amended by A.O.]
1.
The owner of any property abutting on or adjoining any street, alley,
lane or highway in which there is or shall be a water system who desires
water service, shall be required to make an application on a form
furnished by the Borough indicating the service desired and the purpose
for which the service will be used, guaranteeing that such service
will continue for at least one year and specifying the time when the
trench from the curb to the house or building on the property will
be ready for connection.
2.
Upon approval of the application, the Borough will install a water
system line from the water main to the curb, unless such service line
has already been installed during the construction of said water project
of the Authority, but may first require the applicant to install,
at his or her expense, his or her own service line running from the
curb to the house or building to be served.
3.
All water service lines from the curb to the building or house to
be served shall be subject to inspection and approval by the Borough
or its duly authorized agents, and the size of such water service
lines shall be not less than 3/4 inch in diameter and of a type approved
by the Borough.
4.
Every owner of property in the Borough abutting on and adjoining
any street, alley, lane or other highway in which there is a water
system, which at the time is not connected with the water system shall,
upon receipt of written notice from the Borough ordering connection,
be required to connect his or her property with the water system without
delay.
5.
The Borough may give any such owner whose property is not connected with the water system written notice to connect with the water system within 45 days pursuant to Subsection 4 of this section by personal service or by certified mail sent to the last known address of such owner, and upon failure of such owner to make the required connection within said forty-five-day period, the Borough may make such connection and collect the cost thereof from the owner by a municipal claim or in an action in assumpsit.
6.
If any owner of property within the Borough has not connected with the water system as required by Subsection 4 of this section to connect therewith, and if said owner of property has been given notice to connect as provided in Subsection 5 of this section, and if said owner of property has failed to make the required connection within the period of 45 days required by said notice, such failure shall be and is hereby declared a violation of this Part and such owner shall, upon conviction thereof, be sentenced to pay a fine not to exceed $1,000 plus costs and, upon default of payment of said fine and costs, to imprisonment for a term not to exceed 30 days.
7.
It shall be unlawful from and after the date of this Part for any
person, firm or corporation to own, maintain, operate or use within
the Borough, wells or similar other water supply systems upon any
property now or hereafter improved which abuts on or adjoins any street,
alley, lane or public highway in which a water system is constructed.
8.
The Borough may give any owner who owns, maintains, operates or uses a well or similar other water supply system in violation of Subsection 7 of this section or who otherwise shall violate said section, written notice to discontinue such violation within 45 days, by personal service or by certified mail sent to the last known address of such owner. Upon failure of such owner to discontinue violation of Subsection 7 of this section within said forty-five-day period, such failure shall be and is hereby declared a violation of this Part and such owner shall, upon conviction thereof, be sentenced to pay a fine not to exceed $1,000 plus costs and, upon default of payment of said fine and costs, to imprisonment for a period not to exceed 30 days.
10.
Proper officers of this Borough are authorized and directed to do
all things and to take all legal action necessary, including the filing
of municipal claims in accordance with law, to enforce collection
of water rates, rents and charges established and imposed hereby and
otherwise to carry out provisions hereof.
[Ord. 494, 3/8/1982, § 5]
1.
This Borough, from time to time, in accordance with law, by appropriate
ordinance or resolution, may adopt such additional rules and regulations
as, in the opinion of the Council of this Borough, may be desirable,
beneficial or necessary for or in connection with use and operation
of the water system and which shall govern and control the distribution
and supply of water by this Borough to consumers in this Borough and
in the Township.
2.
Any such rules and regulations shall be construed in conjunction
with provisions hereof and shall become effective upon the date fixed
by this Borough, upon adoption thereof.
[Ord. 494, 3/8/1982, § 6]
This Part shall become effective in accordance with the provisions
of applicable Pennsylvania laws; provided, however, that, as provided
in this Part, the provisions hereof shall be applicable with respect
to the water system on and after April 1, 1982, and shall be applicable,
as of April 1, 1982, to all consumers at that time connected or subsequently
to be connected with and served by the water system.
[Ord. 494, 3/8/1982, § 8]
It is declared that enactment of this Part is necessary for
the protection, benefit and preservation of the health, safety and
welfare of inhabitants of this Borough.
[Ord. 606, 12/16/2001, § 1]
1.
The governing body of the Borough finds that:
A.
Inadequate management of accelerated runoff of stormwater resulting
from development within the Borough increases flood flows and velocities,
contributes to erosion and sedimentation, overtaxes the carrying capacity
of streams and stone sewers, greatly increases the cost of public
facilities to carry and control stormwater, undermines flood plain
management and flood control efforts in the Borough, and threatens
public health and safety.
B.
A comprehensive program of stormwater management, including reasonable
regulation of development and activities causing accelerated erosion,
is fundamental to the public health, safety and welfare and the protection
of the people of the Borough and all the people of the commonwealth,
their resources and the environment.
[Ord. 606, 12/16/2001, § 2]
1.
The purpose of this Part is to promote the public health, safety and welfare by minimizing the damages described in § 26-201, Subsection 1A, of this Part by provisions designed to:
A.
Control accelerated runoff and erosion and sedimentation problems
at their source by regulating activities which cause such problems.
B.
Utilize and preserve the desirable existing natural drainage systems.
C.
Maintain the existing flows and quality of streams and watercourse
in the Borough and the commonwealth.
D.
Provide for proper maintenance of all permanent stormwater management
structures that are constructed in the Borough.
E.
Protect the adequacy of existing and proposed culverts, storm sewers
and bridges.
[Ord. 606, 12/16/2001, § 3]
The Borough is empowered to regulate these activities by the
authority of the Act of July 31, 1968, P.L. 805, the "Pennsylvania
Municipalities Planning Code," 53 P.S. § 10101 et seq., and the
Act of February 1, 1966, P.L. 1656, the "Borough Code," 53 P.S. §
45101 et seq.
[Ord. 606, 12/16/2001, § 4.A]
1.
The following activities are included within the scope of this Part:
A.
Land development.
B.
Subdivision.
C.
Land disturbances involving 1/4 acre or more.
D.
Construction of new or additional, impervious or semi-pervious surfaces
(driveways, parking lots, etc.) greater than 200 square feet in area.
E.
Construction of new buildings or additions to existing buildings
greater than 200 square feet in area.
F.
Diversion or piping of any natural or man-made stream channel.
G.
Installation of stormwater systems or appurtenances thereto.
H.
Alterations to natural or man-made drainage patterns.
[Ord. 606, 12/16/2001, § 4.B]
[Ord. 606, 12/16/2001, § 7]
Permits and approvals issued pursuant to this Part do not relieve
the Applicant of the responsibility to secure required permits or
approvals for activities regulated by any other applicable code, rule,
act or ordinance. If more stringent requirements concerning regulation
of stormwater or erosion and sedimentation control are contained in
the other code, rule, act or ordinance, the more stringent regulation
shall apply.
[Ord. 606, 12/16/2001, § 8]
The removal of the surface of the land through the combined
action of man's activities and natural processes at a rate greater
than would occur because of the natural processes alone.
The Borough of Wellsboro, Tioga County, Pennsylvania.
An underground reservoir or tank for storing rainwater.
The Conservation District serving Tioga County.
A pipe, conduit or similar structure including appurtenant
works which carries surface water.
Pennsylvania Department of Environmental Protection or its
successors.
The magnitude of precipitation from a storm event measured
in probability of occurrence (e.g., ten- or one-hundred-year) storm
and duration (e.g., 24 hours), and used in computing stormwater management
control system.
A basin designed to retard stormwater runoff by temporarily
storing the runoff and releasing it at a predetermined rate. A detention
basin can be designed to drain completely after a storm event, or
it can be designed to contain a permanent pool of water.
A person or persons, partnership, association, corporation
or other entity, or any responsible person therein or agent thereof,
that undertakes the activities covered by this Part.
A channel and a ridge constructed to a predetermined grade
across a slope, and designed to collect and divert runoff from slopes
which are subject to erosion.
A right granted by a landowner to a grantee, allowing the
use of private land for stormwater management purposes.
The removal of soil particles by the action of water, wind,
ice or other geological agents.
A surface which prevents the percolation of water into the
ground.
A structure designed to direct runoff into the ground, e.g.,
French drains, seepage pits, seepage trench.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of tracts of land for any purpose involving (1) a group
of two or more buildings, or (2) the division or allocation of land
or space between or among two or more buildings, or (3) the division
or allocation of land or space between or among two or more existing
or prospective occupants by means of or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other features;
(4) a subdivision of land.
The term "land development" shall also include the plot plan for a mobile-home park as defined in the Borough of Wellsboro Zoning Ordinance [Chapter 27], and said plot plan shall be drawn in the same manner as herein provided for a final subdivision plan, and shall include spaces for approval by the Borough of Wellsboro Engineer and the Borough Council of the Borough of Wellsboro, which approvals shall be given prior to the issuance of a permit or recording.
Any activity involving grading, tilling, digging or filling
of ground, or stripping of vegetation, or any other activity which
causes land to be exposed to the danger of erosion.
The maximum rate of flow of water at a given point and time
resulting from a specified storm event.
That part of precipitation which flows over the land.
Soil Conservation Service, U.S. Department of Agriculture.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
water.
A barrier, dam, retention or detention basin designed to
retain sediment.
An area of excavated earth filled with loose stone or similar
material and into which surface water is directed for infiltration
into the ground.
A surface such as stone, rock, concrete, or other materials
which permits some vertical transmission of water.
A method of runoff computation developed by SCS, and found
in its publication Urban Hydrology for Small Watersheds, Technical
Release No. 55, SCS, January, 1975, and updates thereto, or other
method approved by the Borough Engineer.
A system of pipes or other conduits which carries intercepted
surface runoff, street water and other wash waters, or drainage, but
excludes domestic sewage and industrial wastes.
The plan for managing stormwater runoff adopted or to be
adopted by Tioga County as required by the Act of October 4, 1978,
P.L. 864, (Act 167), 32 P.S. § 680.1 et seq., and known as the
"Stormwater Management Act."
The division or re-division of a lot, tract or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
or land development. Provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
A low lying stretch of land which gathers or carries surface
water runoff.
[Ord. 606, 12/16/2001, § 9]
1.
Stormwater Flow Attenuation.
A.
Methods of Stormwater Flow Attenuation.
(1)
A variety of stormwater management facilities can attenuate
increased post-activity covered by this Part. Storm flows can be reduced
to or below pre-activity levels by such means or methods as detention
ponds, recharge basins, artificial wetlands, and roof-top storage.
The choice of control techniques is not limited to the above.
(2)
The use of other control methods which meet the criteria of
this Part will be permitted when approved by the Borough Engineer.
(3)
The methods should be tailored to meet the particular requirements
of the type of land disturbance activity and the topographic features
of the activity area.
B.
Design of Stormwater Management Facilities.
(1)
Stormwater management facilities shall be designed to provide
an emergency spillway to control the one-hundred-year peak post-activity
contemplated by this Part. The height of embankment must provide 1.0
foot of freeboard above the top of the spillway flow when conveying
the one-hundred-year peak post-activity flow.
(2)
The stormwater management facility shall be designed such that
the spillway is not activated in a twenty-five-year storm event.
(3)
Provisions to limit access to the stormwater management facility
may be required by the Borough.
(4)
Criteria for design and construction of stormwater management
facilities are not the same criteria that are used in the permitting
of dams under the DER Dam Safety Program. Depending upon the physical
characteristics of a dam, a dam permit may be required and the design
will have to meet the provisions of 25 Pa. Code, Chapter 105, and
the Dam Safety and Encroachments Act.
C.
Calculation Methodology.
(1)
The design of stormwater management facilities intended to meet
the performance standards of this Part shall be verified by routing
a full design storm hydrograph through the proposed facility to estimate
outflows. For drainage areas greater than 20 acres, peak discharge
and runoff volumes shall be computed using the soil-cover complex
method as set forth in the latest edition of Urban Hydrology for Small
Watersheds, Technical Release No. 55, as published by SCS. For drainage
areas less than 20 acres, the rational method or any other method
approved by the Borough Engineer may be used.
(2)
Outlet structures for stormwater management facilities shall
be designed to meet the performance standards of this Part using any
generally accepted hydraulic analysis technique or method.
(3)
Impacts of post-activity stormwater flows to downstream areas
and stormwater conveyance systems shall be evaluated. Critical points
downstream of the proposed activity shall be analyzed, and, peak pre-
and post-activity stormwater flows shall be estimated and compared
to the hydraulic capacity of the existing conveyance system.
2.
Stormwater Conveyance.
A.
Calculation Methodology.
(1)
For drainage areas less than 20 acres, peak stormwater discharges may be computed using the rational method as set forth in § 10.4 of the Pennsylvania Department of Transportation's Design Manual, Part 2, Highway Design, Publication 13, January, 1990 edition and updates.
(2)
For drainage areas equal or above 20 acres, peak stormwater
discharges shall be computed using the soil-cover complex method as
set forth in the latest revision of Urban Hydrology for Small Watersheds,
Technical Release No. 55, as published by SCS, or by any other method
approved by the Borough Engineer.
(3)
Manning's equation, as presented in the DEP Erosion and Sediment
Pollution Control Program Manual dated March 2000 and updates, shall
be used for hydraulic computations, and to determine the capacity
of open channels, culverts, and storm sewers.
(4)
Swales and ditches shall be designed in such a manner that non
erosive velocities will not be exceeded when design peak stormwater
flows are conveyed.
B.
Upgrading of Existing Stormwater Conveyance System. The developer
may be required to upgrade existing down stream stormwater conveyance
systems to provide adequate capacity to accommodate post activity
stormwater flows.
[Ord. 606, 12/16/2001, § 10]
1.
Stormwater runoff from any activity covered by this Part shall be
controlled such that after the activity, the land disturbed will generate,
as a maximum, no greater peak flow than prior to activity, for a two-year,
ten-year, and twenty-five-year, twenty-four-hour storm considered
individually. Further reductions in the magnitude of post-activity
peak flows may be required to prevent exceeding the capacity of existing
downstream conveyance systems.
2.
Runoff Conveyance Systems. Storm sewers and other stormwater conveyance
systems shall be able to convey peak post-activity stormwater flows
from a ten-year design storm for drainage areas of less than 20 acres,
and from a twenty-five-year design storm for drainage areas in excess
of 20 acres. In addition, provisions for safe conveyance of stormwater
flows from a one-hundred-year storm through the activity area shall
be provided (generally over the top of the conveyance system). Roadway
cross culverts shall be able to convey stormwater flows from a twenty-five-year
design storm for drainage areas of less than 20 acres, and a fifty-year
design storm for drainage areas of 20 acres or more a minimum 1.0
foot of freeboard shall be provided below lowest point of the roadway
profile.
3.
Erosion and Sedimentation. All land disturbance activities shall
be conducted in such a way as to minimize accelerated erosion and
resulting sedimentation. Measures to control erosion and sedimentation
shall at a minimum meet the standards of the Conservation District
and 25 Pa. Code, Chapter 102, "Erosion Control," rules and regulations
of the Pennsylvania Department of Environmental Protection. Adequate
erosion protection shall be provided along all open channels, at points
of stormwater discharge, and for all land disturbed areas.
[Ord. 606, 12/16/2001, § 11]
1.
Prior to the commencement of any activity regulated by this Part,
the owner, subdivider, his agent, or other responsible party must
have a stormwater management plan approved by the Borough.
2.
For proposals involving the creation of between 200 and 500 square feet of impervious or semi-impervious area, as set forth in § 26-204, Subsection 1A, D and E, the Borough or its Engineer may waive some or all of the requirements of Subsection 3 if in its discretion the activities do not warrant a more formal review.
3.
The plan must include the following:
A.
All existing and proposed structures, land disturbances and impervious
surfaces.
B.
All temporary and permanent stormwater management controls.
C.
All erosion and sedimentation controls.
D.
Maintenance responsibilities of permanent stormwater management control
facilities.
E.
All streams or other bodies of water, swales and drainage ways.
F.
All hydraulic and hydrologic calculations.
[Ord. 606, 12/16/2001, § 12]
1.
Completed plans, accompanied by the requisite fees, as set forth in § 26-219 are to be submitted to the Borough for approval. The plan shall not be considered as complete until all requisite fees are received by Borough.
2.
The Borough Engineer shall review the plan and shall recommend whether
the plan be approved or disapproved.
3.
The Borough shall notify the applicant within 45 days from receipt
of a complete plan submission of its decision.
4.
A disapproval shall contain the reasons for disapproval.
5.
Failure of the Borough to render a decision within the forty-five-day
time limit shall be deemed an approval.
[Ord. 606, 12/16/2001, § 13]
[Ord. 606, 12/16/2001, § 14]
All applications for permits required by this Part shall be made on forms supplied by the Borough. Such application shall provide a brief description of the stormwater management controls and the land disturbance activity. This application shall become part of the plan submission required by § 26-213 of this Part.
[Ord. 606, 12/16/2001, § 15]
1.
All land disturbance permits shall expire 24 months from the date
of issuance unless construction is commenced prior to this date.
2.
A renewal of an expired land disturbance permit may be issued by
the Borough following a re-submittal of the permit application form,
and its approval by the Borough Engineer.
3.
The refusal of the Borough to reissue an expired land disturbance
permit shall contain the reasons for such refusal.
[Ord. 606, 12/16/2001, § 16]
1.
Any permit issued under this Part may be suspended or revoked by
the Borough for:
A.
Noncompliance with or failure to implement any provision of the permit.
B.
A violation of any provision of this Part or any other applicable
law, ordinance, rule or regulation relating to the project.
C.
The creation of any condition or the commission of any act during
construction or development which constitutes or creates a hazard
or nuisance, or which endangers the life or property of others.
2.
A suspended permit shall be reinstated by the Borough when:
3.
A permit which has been revoked by the Borough cannot be reinstated.
The applicant may apply for a new permit under the procedures outlined
in this Part.
[Ord. 606, 12/16/2001, § 17]
1.
The Borough Engineer or his designee shall inspect all phases of
development of the site including, but not limited to:
A.
Completion of rough grading, but prior to placing top soil, permanent
drainage or other site development improvements and ground covers.
B.
During construction of the permanent stormwater facilities at such
times as specified by the Borough Engineer.
C.
Upon completion of any final grading, vegetative control measures
or other site restoration work done in accordance with the approved
plan and permit.
2.
No work shall begin on a subsequent stage until the preceding stage
has been inspected and approved by the Borough Engineer.
3.
It is the responsibility of the permittee to notify the Borough Engineer
96 hours in advance of the completion of each identified phase of
development.
4.
Any portion of the work that does not comply with the approved plan
must be corrected by the permittee within 96 hours. No work may proceed
on any subsequent phase of the stormwater management plain; the subdivision
or land development or building construction until the required corrections
have been made and approved by Borough Engineer.
[Ord. 606, 12/16/2001, § 18]
Land disturbance permit fees covering costs to the Borough for
plan reviews, permit issuance and inspections shall be established
by resolution of the Borough Council. No permit to begin any work
on the project shall be issued until the requisite fees have been
paid.
[Ord. 606, 12/16/2001, § 19]
1.
The fees payable by an applicant shall at a minimum cover:
A.
The review of the stormwater management plan.
B.
The site inspection.
C.
The inspection of required controls and improvements during construction.
D.
The final inspection upon completion of the controls and improvements
required in the plan.
E.
Any additional work required to enforce the permit provisions, correct
violations, and assure the completion of stipulated remedial actions.
[Ord. 606, 12/16/2001, § 20]
1.
In order to guarantee the full and proper installation of all the
required stormwater management control facilities as specified in
the approved plan, the applicant shall provide prior to the initiation
of construction, a performance bond, escrow account certification,
or irrevocable letter of credit from an appropriate financial or surety
institution which guarantees satisfactory and complete installation
of such facilities.
2.
The security shall be in an amount determined by the Borough.
3.
The applicant shall be released from the guarantee when the Borough
Engineer has determined that all stormwater management control facilities
are completed and satisfactory.
[Ord. 606, 12/16/2001, § 21]
1.
All stormwater management facilities installed pursuant to this Part
shall be maintained by the owner or owners of the property upon which
the facilities are located and a statement to this effect shall be
incorporated as part of the deeds to the property executed after the
initiation of construction of such facilities.
2.
If the Borough determines at any time that any permanent stormwater management control facility has been eliminated, altered or improperly maintained, the owner of the property upon which the facility is situate shall be advised of corrective measures required and given a reasonable period of time to take necessary action. If such action is not taken by the property owner the Borough may cause the work to be done and lien all costs against the property or in the alternative seek other relief as set forth in § 26-224.
[Ord. 606, 12/16/2001, § 22]
Upon presentation of proper credentials, duly authorized representatives
of the Borough may enter at reasonable times upon any property within
the Borough to investigate or ascertain the condition of the subject
property in regard to any aspect regulated by this Part.
[Ord. 606, 12/16/2001, § 23]
In the event that an owner, subdivider, developer or his agent fails to comply with the requirements of this Part, or fails to conform to the requirements of any permit issued thereunder, the Borough shall provide written notification of violation. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violations(s). Upon failure to comply within the time specified, the owner, subdivider, developer or his agent shall be subject to the penalty provisions of this Part (§ 26-225) or other penalty provisions contained in the Subdivision and Land Development Ordinance [Chapter 22] of the Borough where applicable.
[Ord. 606, 12/16/2001, § 24; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to a fine
of not more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days. Each
day that a violation of this Part continues or each section of this
Part which shall be found to have been violated shall constitute a
separate offense.
[Ord. 606, 12/16/2001, § 25]
Any person aggrieved by any action of the Borough or its agent
may appeal to the Borough Council within 30 days of that action.
[Ord. 606, 12/16/2001, § 26]
Any person aggrieved by any action of the Borough Council may
appeal to the Court of Common Pleas of Tioga County within 30 days
of that decision.
