[Ord. No. 872, 11/7/2022]
For any of the regulated activities of this Part, prior to the
final approval of subdivision and/or land development plans, or the
issuance of any permit, or the commencement of any regulated earth
disturbance activity, the owner, subdivider, developer or his agent
shall submit a drainage plan and receive municipal approval of the
plan.
[Ord. No. 872, 11/7/2022]
Exemptions from the drainage plan requirements are as specified
in § 106.
[Ord. No. 872, 11/7/2022]
1.
The following items shall be included in the drainage plan:
B.
Map(s) of the project area showing:
(1)
The location of the project relative to highways, municipalities
or other identifiable landmarks.
(2)
Existing contours at intervals of two feet. In areas of steep
slopes (greater than 15%), five-foot contour intervals may be used.
Off-site drainage areas impacting the project, including topographic
detail.
(3)
Streams, lakes, ponds or other bodies of water within the project
area.
(4)
Other features, including flood hazard boundaries, existing
drainage swales, wetlands, closed depressions, sinkholes and areas
of natural vegetation to be preserved.
(5)
Locations of proposed underground utilities, sewers and water
lines. The locations of all existing and proposed utilities, sanitary
sewers and water lines within 50 feet of property lines of the project
site.
(6)
An overlay showing soil types and boundaries based on the county
soil survey, as applicable, latest edition. Any hydric soils present
on the site should be identified as such.
(7)
An overlay showing geologic types, boundaries and any special
geologic features present on the site.
(8)
Proposed changes to land surface and vegetative cover.
(9)
Proposed structures, roads, paved areas and buildings.
(10)
Final contours at intervals of two feet. In areas of steep slopes
(greater than 15%), five-foot contour intervals may be used.
(11)
Stormwater Management District boundaries applicable to the
site.
(12)
Clear identification of the location and nature of permanent
stormwater BMPs.
(13)
An adequate access easement around all stormwater BMPs that
would provide municipal ingress to and egress from a public right-of-way.
(14)
A schematic showing all tributaries contributing flow to the
site and all existing man-made features beyond the property boundary
that would be affected by the project.
(15)
The location of all public water supply wells within 400 feet
of the project and all private water supply wells within 100 feet
of the project.
C.
Stormwater Management Controls and BMPs.
(1)
All stormwater management controls and BMPs shall be shown on
a map and described, including:
(a)
Groundwater recharge methods such as seepage pits, beds or trenches.
When these structures are used, the locations of septic tank infiltration
areas and wells shall be shown.
(b)
Other control devices or methods such as roof-top storage, semi-pervious
paving materials, grass swales, parking lot ponding, vegetated strips,
detention or retention ponds, storm sewers, etc.
(2)
All calculations, assumptions and criteria used in the design
of the BMPs shall be shown.
(3)
All site testing data used to determine the feasibility of infiltration
on a site.
(4)
All details and specifications for the construction of the stormwater
management controls and BMPs.
D.
The BMP operations and maintenance plan, as required in Subpart 1H
describing how each permanent stormwater BMP will be operated and
maintained and the identity of the person(s) responsible for operations
and maintenance. A statement must be included, signed by the landowner,
acknowledging that the stormwater BMPs are fixtures that cannot be
altered or removed without approval by the municipality.
[Ord. No. 872, 11/7/2022]
1.
A.
The drainage plan shall be submitted by the developer to the municipality
as part of the preliminary plan submission for the subdivision or
land development.
B.
Four copies of the drainage plan shall be submitted.
C.
Distribution of the drainage plan will be as follows:
D.
Drainage plans involving more than 10,000 square feet of additional
impervious cover shall be submitted by the developer to the LVPC as
part of the preliminary plan submission. The LVPC will conduct an
advisory review of the drainage plan for consistency with the applicable
Act 167 Watershed Stormwater Management Plan. The LVPC will not review
details of the Erosion and Sedimentation plan or the BMP operations
and maintenance plan.
(1)
Two copies of the drainage plan shall be submitted.
(2)
The LVPC will provide written comments to the developer and
the municipality, within a time frame consistent with established
procedures under the Municipalities Planning Code, as to whether the
drainage plan has been found to be consistent with the stormwater
management plan.
3.
For regulated activities specified in § 105, Subsection
1E, F and G:
A.
The drainage plan shall be submitted by the developer to the LVPC
for coordination with the DEP permit application process, as needed,
under Chapter 105 (Dam Safety and Waterway Management), Chapter 106
(Flood Plain Management) of DEP's Rules and Regulations and the
NPDES regulations.
B.
One copy of the drainage plan shall be submitted.
4.
Earthmoving for all regulated activities under § 105 shall
be conducted in accordance with the current federal and state regulations
relative to the NPDES and DEP Chapter 102 regulations.
A.
The drainage plan shall be submitted by the developer to the LVPC
for coordination with the DEP permit application process, as needed,
under Chapter 105 (Dam Safety and Waterway Management), Chapter 106
(Flood Plain Management) of DEP's Rules and Regulations and the
NPDES regulations.
B.
One copy of the drainage plan shall be submitted.
[Ord. No. 872, 11/7/2022]
1.
The municipality shall review the drainage plan, including the BMP
operations and maintenance plan, for consistency with this Part. The
municipality shall also review the drainage plan against any additional
storm drainage provisions contained in the municipal subdivision and
land development or zoning ordinance, as applicable.
2.
The municipality shall notify the applicant in writing within 45
days whether the drainage plan, including the BMP operations and maintenance
plan, is approved or disapproved. If the drainage plan involves a
subdivision and land development plan, the notification shall occur
within the time period allowed by the Municipalities Planning Code
(90 days). If a longer notification period is provided by other statute,
regulation, or ordinance, the applicant will be so notified by the
municipality.
3.
The municipality shall not approve any subdivision or land development
(regulated activities § 105, Subsection 1A and B or building
permit application (regulated activities § 105, Subsection
1C and D if the drainage plan has been found to be inconsistent with
this Part.
[Ord. No. 872, 11/7/2022]
A modification to a drainage plan for a proposed development
site which involves a change in control methods or techniques, or
which involves the relocation or redesign of control measures, or
which is necessary because soil or other conditions are not as stated
on the drainage plan (as determined by the municipality) shall require
a resubmission of the modified drainage plan consistent with § 144
subject to review per § 145 of this Part.
[Ord. No. 872, 11/7/2022]
A disapproved drainage plan may be resubmitted, with the revisions
addressing the municipality's concerns, to the municipality in
accordance with this Subpart. The applicable review fee must accompany
a resubmission of a disapproved drainage plan.
[Ord. No. 872, 11/7/2022]
The municipality's approval of a drainage plan authorizes
the regulated activities contained in the drainage plan for a maximum
term of validity of five years following the date of approval. The
municipality may specify a term of validity shorter than five years
in the approval for any specific drainage plan. Terms of validity
shall commence on the date the municipality signs the approval for
a drainage plan. If an approved drainage plan is not completed according
to § 149 within the term of validity, then the municipality
may consider the drainage plan disapproved and may revoke any and
all permits. Drainage plans that are considered disapproved by the
municipality shall be resubmitted in accordance with § 144
of this Part.
[Ord. No. 872, 11/7/2022]
1.
The developer shall be responsible for providing as-built plans of
all stormwater BMPs included in the approved drainage plan. The as-built
plans and an explanation of any discrepancies with the construction
plans shall be submitted to the municipality.
2.
The as-built submission shall include a certification of completion
signed by a qualified professional verifying that all permanent stormwater
BMPs have been constructed according to the approved plans and specifications.
The latitude and longitude coordinates for all permanent stormwater
BMPs must also be submitted, at the central location of the BMPs.
If any licensed qualified professionals contributed to the construction
plans, then a licensed qualified professional must sign the completion
certificate.
3.
After receipt of the completion certification by the municipality,
the municipality may conduct a final inspection.
[Ord. No. 872, 11/7/2022]
1.
The Borough Council may hear requests for waivers where it is alleged
that the provisions of this Part inflict unnecessary hardship upon
the applicant. The waiver request shall be in writing and accompanied
by the requisite fee based upon a fee schedule adopted by the municipality.
A copy of the waiver request shall be provided to each of the following:
municipality, municipal engineer, municipal solicitor and LVPC. The
request shall fully document the nature of the alleged hardship.
A.
The municipality may accept a waiver request, provided that the municipality
determines that in each case the request satisfies all of the following
findings:
(1)
That there are unique physical circumstances or conditions,
including irregularity of lot size or shape, or exceptional topographical
or other physical conditions peculiar to the particular property,
and that the unnecessary hardship is due to such conditions, and not
the circumstances or conditions generally created by the provisions
of this Part in the Stormwater Management District in which the property
is located;
(2)
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 Part, and that the authorization of a
waiver is therefore necessary to enable the reasonable use of the
property;
(3)
That such unnecessary hardship has not been created by the applicant;
(4)
That the waiver, if authorized, will represent the minimum waiver
that will afford relief and will represent the least modification
possible of the regulation in issue; and
(5)
That financial hardship is not the criteria for granting of
a hardship waiver.
B.
In processing any waiver request, the municipality may attach such
conditions and safeguards as it may deem necessary to implement the
purposes of this Part. If a Hardship Waiver is granted, the applicant
must still manage the quantity, velocity, direction and quality of
resulting storm runoff as is necessary to prevent injury to health,
safety or other property.
2.
For all regulated activities described in § 105, Borough
Council shall hear requests for and decide on hardship waiver requests
on behalf of the Borough.
3.
The Borough will process all eligible waiver requests in accordance
with § 124, Subsection 1N.
4.
No waiver or modification of any regulated stormwater activity involving
earth disturbance greater than or equal to one acre that is a requirement
of DEP may be granted by the municipality unless that action is approved
in advance by the DEP or the delegated County Conservation District.
