Article 4
Stormwater Management Site Plans

§11A-401 General Requirements.

1.    Approval of an SWM site plan is required for any of the activities regulated by this Chapter. Following approval by the Borough, the SWM site plan and stormwater management BMP operations and maintenance agreement shall be recorded in accordance with §11A-703 of this Chapter prior to the issuance of any zoning or building permits or commencement of any land disturbance activity.

2.    Preliminary or final approval of subdivision and/or land development plans shall be contingent upon approval of the SWM site plan unless an SWM site plan is specifically exempted.

3.    All SWM site plans shall be designed and certified by individuals registered in the Commonwealth of Pennsylvania and qualified to perform such duties based on education and training.

4.    Plans which require access to, propose construction of and/or connection to stormwater management facilities or in any other way require the approval for activities within any street or highway under the jurisdiction of PennDOT shall include 2 copies of the plans prepared to support the application for a highway occupancy permit.

5.    Following approval, the SWM site plan shall be submitted in portable document format (PDF) and a GIS-compatible format that is acceptable to the Borough.

(Ord. 2022-3, 9/12/2022, §1)

§11A-402 Plan Exemptions.

Any regulated activity that meets the exemption criteria listed herein is exempt from the SWM site plan design, submission, and processing requirements of this Chapter. These criteria shall apply to the total parent tract property and development, even if development takes place in phases. Parent tracts shall be properties as existing on December 17, 2012, unless specified otherwise, and shall provide the basis for individual or cumulative impervious area computations. Exemptions shall not relieve the applicant from applicable state and federal regulations, such as but not limited to those provided in Title 25 (Environmental Protection) or Title 67 (Transportation) of the Pennsylvania Code, or from implementing measures that are necessary to protect health, safety, and property.

A.    Exemptions include the following:

(1)    Lot additions, land exchanges, subdivision of existing buildings, and other minor subdivision activity which does not involve any new building lots.

(2)    Agricultural activities such as growing crops, plowing fields, gardening, etc., are exempt from this Chapter provided the activities are performed according to the requirements of 25 Pa.Code Chapter 102. Construction of new buildings or impervious areas is not considered an agricultural activity.

(3)    Forest management and timber operations are exempt from the SWM site plan preparation requirements of this Chapter provided the activities are performed according to the requirements of Chapter 102.

(4)    Where no subdivision of new lots or land development for new principal uses is involved, all other regulated activities may be exempted from the SWM site plan submission and processing requirements of this Chapter provided the cumulative earth disturbance is less than 1 acre, the applicant documents to the satisfaction of the Borough Engineer that the lot improvements will not result in detrimental stormwater discharges to adjoining lands, roads, waterways or other areas, and the following criteria are satisfied:

Total Parcel Sizea

Minimum Distanceb

Impervious Area Exemptionc

0 to ½ acre

10 feet

2,500 square feet

1 acre

20 feet

5,000 square feet

2 acres

40 feet

10,000 square feet

5 acres

50 feet

15,000 square feet

> 5 acres

100 feet

20,000 square feet

Note: This chart applies to properties where a land development and/or SWM site plan was not previously approved. In the case where a land development and/or SWM site plan was previously approved, exemptions shall be at the discretion of Cornwall Borough upon recommendation by the Borough Engineer.

(a)    Parent tract or original parcel size, prior to any subdivision, as of December 17, 2012.

(b)    Minimum distance between proposed impervious areas and the nearest downslope property line(s). This distance shall be interpolated from the parcel sizes listed except the minimum distance shall be 10 feet for all parcels less than 1/2 acre (e.g., where parcel size equals 1.2 acres, the minimum distance to the nearest downslope property line shall be 24 feet).

(c)    Cumulative impervious area after December 17, 2012. The exempted impervious area shall be interpolated from the parcel sizes listed except the maximum exempted impervious area shall not exceed 20,000 square feet (e.g., where parcel size equals 1.2 acres, the exempted impervious area shall equal 6,000 square feet).

(5)    Any lot receiving an SWM site plan exemption and subsequently found to be developed, or under no development, contrary to these exemption provisions or otherwise evidencing a stormwater runoff problem, shall forthwith be subject to the following:

(a)    Corrective actions shall be taken in the lot development to eliminate the noncompliance.

(b)    Submission of a revised subdivision, SWM site plan, or land development plan shall be required, depicting necessary stormwater management facilities, in accordance with standard plan processing procedures.

(6)    Exemptions from the SWM site plan design, submission and processing requirements of this Chapter shall not relieve the applicant from any other provision of this Chapter.

(7)    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 and safety or the environment.

(8)    Any developer granted an SWM site plan exemption in accordance with the guidelines specified herein and is subsequently found to have developed the subject property contrary to the terms and conditions of the plan exemption shall be required to submit an SWM site plan. Failure to satisfy these requirements is a violation of this Chapter, punishable as provided in Article 9 of this Chapter.

(Ord. 2022-3, 9/12/2022, §1)

§11A-403 SWM Site Plan Contents.

1.    SWM site plans shall be prepared by an engineer, land surveyor, or landscape architect licensed to practice in the Commonwealth of Pennsylvania. SWM site plans shall be accompanied by an application as provided in Appendix B-6 of this Chapter.

2.    Drafting Standards.

A.    Plans shall be clearly and legibly drawn at a horizontal scale of 10 feet, 20 feet, 30 feet, 40 feet, or 50 feet to the inch. Plans illustrating overall tract boundaries for larger properties may be drawn at a horizontal scale of 100 feet to the inch.

B.    All profiles of stormwater management facilities and streets shall be drawn at a horizontal scale of 10, 20, 30, 40, or 50 feet to the inch and at a vertical scale of 1, 2, 3, 4, 5, or 10 feet to the inch.

C.    A north arrow, graphic scale and written scale shall be provided on each plan sheet.

D.    Dimensions shall be in feet and decimals; bearings shall be in degrees, minutes, and seconds. Lot line descriptions shall read in a clockwise direction.

E.    The sheet size shall be 24 by 36 inches. If the plan is prepared in 2 or more sections, a key map showing the location of the sections shall be placed on each sheet. If more than 1 sheet is necessary, each sheet shall be the same size and numbered to show the relationship to the total number of sheets in the plan (e.g., “Sheet 1 of 5”).

F.    A mapping legend for all existing and proposed features shall be provided.

3.    General Requirements. The following information shall be included on all SWM site plans:

A.    The proposed project name or identifying title.

B.    Name of the municipality or municipalities in which the project is located, including the location of any municipal boundaries if located within 200 feet of the subject tract.

C.    The name, address and telephone number of the owner(s), equitable owner(s) and/or developer(s) of the parent tract.

D.    The name, address and telephone number of the individual(s) or firm that prepared the plan.

E.    The file or project number assigned by the firm that prepared the plan.

F.    The plan date and the date(s) of all plan revisions.

G.    The date the property was surveyed, the method of survey, vertical and horizontal datum used, and location and elevation of the benchmark.

H.    A table indicating the existing zoning district and the required lot size, required setbacks, required maximum and/or minimum development density, maximum building height and maximum lot coverage.

I.    A statement on the plan indicating the granting of a prior zoning amendment, special exception, conditional use, or variance, if applicable, along with any prior modifications granted by Borough Council to sections of this Chapter. Any conditions associated with the modifications, variances, special exceptions, or conditional uses shall also be listed on the plan.

J.    The expected project time schedule, including start and completion dates.

K.    The names of all adjacent landowners; both adjoining and across existing rights-of-way along with the plan book record numbers of all previously recorded plans for adjacent properties. Lot numbers shall be provided for lots previously subdivided from the same parent tract as the proposed subdivision. These existing lot numbers shall be enclosed within a triangle to distinguish them from proposed lots.

L.    A location map, drawn to a scale of 1,000 or 2,000 feet to the inch. The location map shall show the project site’s tract boundaries, limits of development as well as nearby streets and bodies of water.

M.    Parent tract’s source of title including deed book and page number, plan book and number and uniform parcel identifier (UPI number).

N.    An index of drawings included in the SWM site plan set (e.g., cover sheet, existing conditions plan, post-construction stormwater management plan, post-construction stormwater management details, erosion and sediment pollution control plan, etc.).

O.    An operation and maintenance (O&M) plan for all existing and proposed stormwater management facilities, including required maintenance activities and schedule for each type of facility.

P.    Provisions for permanent access or maintenance easements for all stormwater management facilities, as necessary to implement the O&M plan.

Q.    Statement of deed restrictions or covenants which may be a condition of sale of the property.

R.    The “Standard Stormwater Management Notes” as listed in Appendix E of this Chapter.

S.    A detailed schedule of required municipal inspections, which is customized for the project.

T.    An overlay showing soil names and boundaries as shown in the USDA NRCS soil survey of Lebanon County. Provide a table listing the following information for the applicable on-site soil types:

(1)    Soil name;

(2)    Soil map abbreviation;

(3)    Hydrologic group.

U.    Delineated pre- and post-development drainage areas and subwatershed areas for each point of interest (POI). POIs shall be located and identified on the drainage area maps. Flow paths used to calculate the times of concentration to each POI shall be shown. The flow type, length and slope of each segment along time of concentration flow paths shall be identified and labeled (i.e., 100 inches of sheet flow at 2 percent).

4.    Existing Features. The following features shall be shown on all SWM site plans, unless otherwise specified by this Chapter, and shall be shown on a separate sheet titled “Existing Conditions Plan.” No proposed features shall be included on this sheet.

A.    The parent tract boundary with bearing and distances. Existing boundary lines shall be field verified when located within 200 feet of the proposed limits of disturbance.

B.    The total area of the parent tract in square feet and acres.

C.    The location and type of existing boundary markers and monuments along the perimeter of the parent tract. Existing boundary markers and monuments shall be field verified when located within 200 feet of the proposed limits of disturbance.

D.    Existing elevation contours shall be shown at the following minimum vertical intervals:

Average Natural Slope

Required Contour Interval

0 to 3%

1-foot contour interval

4 to 20%

2-foot contour interval

21% and greater

5-foot contour interval

(1)    Contours shall be shown a minimum of 100 feet beyond the project site.

(2)    Contour interval may be adjusted based upon horizontal scale with concurrence of the Borough Engineer.

(3)    Contours plotted by interpolation of the United States Geodetic Survey 7.5-inch mapping will not be accepted.

(4)    Spot elevations shall be provided at high and low points in critical areas where elevations cannot be interpolated between contours.

E.    The following items when located upon or within 100 feet of the project site:

(1)    The location, name, and dimensions of existing rights-of-way and cartways for private or public streets, alleys, and driveways.

(2)    The location of traffic signs and control signals.

(3)    The location, size and use of existing buildings and other manmade features.

(4)    The location and size of existing sanitary sewer mains, water supply mains, on-lot sewage systems, wells, fire hydrants and stormwater collection, conveyance, and management facilities.

(5)    Existing easements and rights-of-way. Complete description of all existing rights-of-way and easements, including distances and bearings with curve segments comprised of radius, tangent, arc, and chord.

(6)    Significant environmental or topographic features, including, but not limited to:

(a)    Archaeological sites.

(b)    Cemetery or burial sites.

(c)    Drainage features.

(d)    Floodplains, including floodways, special flood hazard areas (SFHA) and base flood elevations (if available).

(e)    Historic structures/sites.

(f)    Quarry sites.

(g)    Rock outcroppings.

(h)    Sinkholes.

(i)    Soils, including highly erosive and prime agricultural.

(j)    Solid waste disposal areas.

(k)    Steep slopes.

(l)    Underlying geology with any hazardous geology and potential impacts to groundwater noted.

(m)    Waterways, lakes, and ponds.

(n)    Wetlands.

(o)    Wooded areas.

(7)    Zoning district boundaries.

5.    Proposed Features and Plan Information. The following proposed features and plan information shall be provided for all SWM site plans and shall be shown on a separate sheet(s). The proposed features and plan information shall be overlaid upon a copy of the existing features plan. The existing features shall be “screened” or “shaded” on the proposed features plan.

A.    Lot numbers (where applicable).

B.    Proposed land use(s). If multiple land uses are proposed, the location of each land use shall be indicated.

C.    The layout of lots with accurate bearings and distances and lot areas for all parcels.

D.    Location and material of all permanent monuments and lot line markers, including a note that all monuments and lot markers are set or indicating when they will be set.

E.    Building setback line and building envelope.

F.    Identification of existing buildings or other manmade features to be demolished.

G.    Easements and rights-of-way. The purpose and width of the easement and right-of-way shall be identified on the plan.

H.    Complete description of all proposed rights-of-way and easements, including distances and bearings with curve segments comprised of radius, tangent, arc, and chord.

I.    A minimum 20-foot-wide easement shall be provided around all stormwater management facilities to reserve the easement area for drainage purposes only and to provide ingress and egress from a public right-of-way. Identify stormwater easements and facilities to be dedicated to the Borough. Provide a note prohibiting the placement of trees, shrubbery, and structures within drainage easements unless approved by the Borough.

J.    The location and configuration of proposed buildings, parking lots, common open space, recreational areas, and all other significant planned facilities.

K.    A note listing the type and amount of proposed impervious area.

L.    The location and configuration of proposed streets, alleys, driveways, and sidewalks including right-of-way and cartway widths.

M.    Street centerline for each proposed public or private street shown on the SWM site plan including corresponding centerline stationing.

N.    Proposed street names.

O.    A detailed grading plan. Proposed elevation contours shall be shown at the same minimum vertical intervals as the existing contours as specified in subsection (4)(D) of this Section. The grading plan shall include finished grades and finished floor elevations. This information may be provided on separate sheets. Spot elevations shall be provided at high and low points in critical areas between contours.

P.    Plans and profiles for proposed public or private streets and alleys, sanitary sewer, water distribution systems and gas mains. All street profiles shall show at least the existing (natural) profile along the centerline, proposed grade at the centerline.

Q.    Plans and profiles of the proposed stormwater management facilities, including, but not limited to, drainage pipes, culverts, inlets, catch basins, manholes, clean-outs, underground storage facilities, rain gardens, basins and channels. The length, size, slope, material, and invert elevations shall be specified for all drainage pipes and culverts. Top of grate, rim, invert and bottom (i.e., sump) elevations shall be specified for all drainage structures.

R.    Labeled dimensions and capacities for all stormwater detention and retention BMPs.

S.    Construction details, sections, and specifications of stormwater management facilities with sufficient information and dimensions for construction interpretation.

T.    Where the project site is located partially or wholly within an area prone to frequent flooding (either by impoundment or conveyance) as indicated by the flood fringe boundary and floodway map, profiles, and supporting data, soil type or local historical record; the developer shall supply the location and elevation of all proposed roads, fills, utilities, buildings, stormwater management, and erosion control facilities.

U.    Location of proposed on-lot sewage systems and well locations. Proposed stormwater infiltration BMPs shall be located a minimum of 50 feet from on-lot sewage infiltration areas.

V.    Location of all percolation and deep probe test holes used in the design of stormwater management facilities. Infiltration rates used in the design of stormwater infiltration BMPs shall be based upon tests conducted at the site of the proposed BMPs.

W.    Limits of project phases or sections and a narrative of the construction sequence.

X.    The location of all erosion and sediment pollution control facilities.

6.    Certificates. The following certifications shall be included on SWM site plans:

A.    Certificate of ownership, as provided in Appendix A of this Chapter.

B.    Certificate, signature, and seal of a professional registered in the Commonwealth of Pennsylvania and qualified to perform such duties, as provided in Appendix A of this Chapter.

C.    Certificate of review by the Borough Engineer, as provided in Appendix A of this Chapter.

D.    Certificate of approval by Borough Council, as provided in Appendix A of this Chapter.

7.    Additional Requirements. The following notes shall be provided on all SWM site plans, as applicable:

A.    Contractors and property owners shall not store construction materials or locate trash receptacles (i.e., dumpsters) on the paved cartway of streets.

B.    All mud from construction activities that is tracked onto streets shall be cleaned by the responsible contractor or property owner at the end of each workday.

C.    Stormwater inlets or drainage pipes which become filled with mud or debris from construction activities shall be cleaned by the responsible contractor or property owner.

(Ord. 2022-3, 9/12/2022, §1)

§11A-404 Post-Construction Stormwater Management (PCSM) Report.

1.    Design data and calculations must be submitted in a comprehensive PCSM report. The report shall be 8.5 by 11 inches in size, shall be spirally bound or in a 3-ring binder, and shall include front and rear protective covers. The format of the report shall include, but not be limited to, the sections listed below. Each section of the report shall contain a tabbed divider, labeled to match the table of contents. All pages, including appendices, shall be numbered.

2.    Required Sections and Contents.

A.    Title page that includes the project name and location, name and address of design firm, date of original submittal, revision dates, and seal and signature of the registered professional responsible for preparing the report.

B.    Table of contents listing all sections and corresponding page numbers.

C.    Narrative containing the following information:

(1)    A general description of the project.

(2)    A description of the pre- and post-development drainage area characteristics.

(3)    A description of the project’s impact on downstream properties, drainage facilities and waterways that may receive runoff from the project site.

(4)    A description of the project’s impact on any sensitive natural features (i.e., wetlands, floodplains, sinkholes, etc.).

(5)    A description of the overall stormwater management concept for the project.

(6)    A list of the soil types found within the project area, including the hydrologic group associated with each soil type, drainage characteristics, construction development restrictions and resolutions to such restrictions.

(7)    A description of the geological formations underlying the project site, including the presence and/or probability of sinkholes.

(8)    In areas of carbonate rock and Karst topography, recommendations to mitigate the effects of stormwater runoff and infiltration on sinkholes.

(9)    A description of the methodology used for the design calculations.

(10)    A description of the stormwater BMPs to be utilized.

D.    Summary of flows comparing pre- and post-development discharge to each point of discharge from the development.

E.    Site location map taken from 7.5-minute United States Geological Survey or equivalent.

F.    Soils location map showing soil names and boundaries as shown in the USDA NRCS Soil Survey of Lebanon County.

G.    Predevelopment runoff calculations.

H.    Predevelopment storage facility geometry, including stage storage table/curve, outlet structure configuration, and primary/secondary spillway configuration (where applicable).

I.    Predevelopment storage facility routings (where applicable).

J.    Post-development runoff calculations.

K.    Post-development storage facility geometry, including stage storage table/curve, outlet structure configuration, and primary/secondary spillway configuration.

L.    Post-development storage facility routings.

M.    Antiseep collar design.

N.    Emergency spillway freeboard and stability calculations.

O.    Volume management calculations using DEP’s PCSM spreadsheet or equivalent.

P.    Water quality calculations using DEP’s PCSM spreadsheet or equivalent.

Q.    Infiltration testing results.

R.    Open channel/swale/inlet/culvert runoff calculations including rational coefficients and time of concentration.

S.    Storm sewer and culvert design calculations.

T.    Inlet capacity calculations.

U.    Gutter flow calculations.

V.    Open channel/swale design calculations.

W.    Outlet protection calculations.

X.    Floodplain information and calculations. Include appropriate floodplain mapping and/or detailed HEC-RAS calculations where applicable. A separate floodplain delineation report may be required at the discretion of the Borough Engineer.

Y.    Wetland information. A separate wetland delineation report may be required at the discretion of the Borough Engineer.

Z.    Miscellaneous design details and computations.

AA.    Appendices.

3.    If any of the preceding sections are not applicable to the project, the report should still list the section in the table of contents with the annotation “not applicable.” However, a separate tab need not be provided for that section.

(Ord. 2022-3, 9/12/2022, §1)

§11A-405 SWM Site Plan Processing Requirements.

1.    Submissions shall include at a minimum:

A.    Two copies of all plans, reports and calculations for all submissions, resubmissions, revisions, or modifications.

B.    Two copies of all state, federal or municipal permits required as an approval prerequisite.

C.    Digital Portable Document Format (PDF) copies of all items included in subsections (1)(A) and (B) of this Section.

2.    Review of SWM site plans shall be the responsibility of the Borough Engineer.

A.    The Borough Engineer shall review the SWM site plan for consistency with this Chapter. The Borough Engineer shall require receipt of a complete plan, as specified in this Chapter.

B.    The Borough Engineer shall review the SWM site plan, subdivision, or land development for any submission against Chapter 13, Subdivision and Land Development, for all provisions not superseded by this Chapter.

C.    If the SWM site plan is consistent with this Chapter, the Borough Engineer will forward a letter recommending approval to the Borough.

D.    If the SWM site plan is inconsistent with this Chapter, the Borough Engineer will forward a review letter citing the inconsistencies to the Borough and the developer’s design professional. SWM site plans found to be inconsistent with this Chapter may be revised by the developer and resubmitted.

E.    For regulated activities requiring a Chapter 105 joint permit application, the Borough Engineer (upon request of the applicant or applicant’s agent) shall notify DEP whether the SWM site plan is consistent with this Chapter and forward a copy of the review letter to the Borough.

F.    For regulated activities requiring a NPDES permit application, the Borough Engineer (upon request of the applicant or applicant’s agent) shall notify DEP whether the SWM site plan is consistent with this Chapter and forward a copy of the review letter to the Borough.

G.    The Borough shall not approve any subdivision, land development, or SWM site plan for regulated activities as defined in §11A-201 of this Chapter if the SWM site plan is inconsistent with this Chapter, as determined by the Borough Engineer. All required permits from DEP must be obtained prior to issuance of a zoning or building permit.

H.    The Borough or its designee shall not issue a zoning or building permit for any regulated activity as defined in §11A-201 of this Chapter prior to SWM site plan approval.

I.    The developer shall maintain a copy of the approved SWM site plan at the project site during construction, as record drawings. Any discrepancies with the original design that warrant changes to the SWM site plan shall be submitted to the Borough Engineer for review and approval.

J.    The Borough shall notify the applicant in writing within 90 days of submission whether the SWM site plan is approved, disapproved, or inconsistent with this Chapter. If the SWM site plan is part of a subdivision and land development plan, such notification shall occur within the time period specified in MPC §508. If a longer notification period is provided by other statute, regulation, or ordinance, the applicant will be so notified by the Borough.

K.    If the Borough disapproves the SWM site plan, the Borough will state the reasons for the disapproval in writing.

L.    Changes to the approved SWM site plan shall be authorized only with the written approval of the Borough Engineer.

M.    Prior to formal plan approval, plans containing stormwater management design shall require the review signature of the Borough Engineer.

3.    Incomplete submissions shall be returned to the applicant within 7 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 shall not, however, constitute a waiver of any deficiencies or irregularities.

4.    Final Plan Certification.

A.    After Borough Council’s approval of the SWM site plan and the required changes, if any, are made, the applicant shall proceed to prepare 6 paper copies of the plan sets at 24 by 36 inches.

B.    Upon compliance with all conditions of plan approval, the copies of the SWM site plan shall be presented to the Borough for signatures by the Borough Engineer and Borough Council. Plans will not be signed by Borough Council if submitted more than 90 days from the Council’s final approval action unless Council grants a modification by extending the effective time period of the approval.

(Ord. 2022-3, 9/12/2022, §1)

§11A-406 Construction Inspections.

1.    Inspections regarding compliance with the approved SWM site plan are a responsibility of the Borough. The Borough Engineer shall inspect all phases of construction of the stormwater management improvements as shown on the approved SWM site plan.

2.    A copy of the approved SWM site plan shall be on file at the project site throughout the duration of construction.

3.    During any stage of the work, if the Borough Engineer determines that the SWM BMPs are not being installed in accordance with the approved SWM site plan, the Borough shall provide written notification to the land owner and/or developer stipulating the deficiencies and require that the deficiencies be corrected within 30 days (or longer as may be required). If the deficiencies are not corrected within the specified period of time, the Borough may:

A.    Revoke any existing permits until such deficiencies are corrected to the satisfaction of the Borough Engineer.

B.    Utilize financial security posted by the owner and/or developer as part of the developer’s improvement guarantee agreement to install any unfinished facilities or remedy any improperly constructed facilities.

C.    Pursue other legal remedies pursuant to Article 9 of this Chapter.

D.    After receipt of the certificate of completion letter and as-built plans by the Borough, a final inspection shall be conducted by the Borough Engineer or designated representative to certify compliance with this Chapter.

(Ord. 2022-3, 9/12/2022, §1)

§11A-407 As-Builts, Certificate of Completion, and Final Inspection.

1.    The developer shall be responsible for providing as-built plans of all SWM BMPs included in the approved subdivision, land development or SWM site plan. The as-built plans and an explanation of any discrepancies with the construction plans shall be submitted to the Borough.

2.    The as-built submission shall include a certificate of completion letter signed by a licensed professional verifying that all permanent SWM BMPs have been constructed according to the approved plans and specifications.

3.    After receipt of the certificate of completion from the applicant’s qualified professional, the Borough Engineer may conduct a final inspection.

4.    Minor subdivisions and SWM site plans with less than 1 acre of land disturbance shall be exempt from requirement for submission of an as-built plan unless, in the opinion of the Borough Engineer, as-built conditions vary from the approved plan such that an as-built plan is warranted.

5.    An as-built plan shall contain the following stormwater related information:

A.    Actual location of floodplain by elevation and dimension from property line.

B.    Actual location and cross section of swales and accompanying easements.

C.    Actual horizontal and vertical location of SWM BMPs, including type and size of storm drainage pipes.

D.    For all storage SWM BMPs (e.g., stormwater basins, rain gardens and infiltration facilities), the following information shall be provided:

(1)    As-built elevation contours of the SWM BMP as applicable, or the horizontal and vertical dimensions of underground facilities to include depth from ground surface to top of facility.

(2)    Verification of materials used in construction (e.g., geotextile materials).

(3)    As-built outlet structure details, including type, size, and inverts of discharge pipes.

(4)    As-built elevations for embankments and emergency spillways.

(5)    A table showing the stage/storage/discharge information for the constructed conditions.

(6)    A table providing a comparison of the approved design versus the as-built discharge rates.

6.    The Borough Engineer, Conservation District representatives, and duly authorized representatives of the Borough may enter at reasonable times upon any property within the Borough to inspect stormwater facilities, structures, and related site improvements for compliance with the approved plans and this Chapter.

7.    Construction of stormwater management, erosion control and related facilities shall be in accordance with the approved subdivision and land development plans and the requirements of this Chapter. Construction or development contrary to, or not in compliance with, the stormwater management design on the approved subdivision or land development plan shall be a violation of this Chapter, punishable as provided by Article 9 of this Chapter.

8.    Following construction and release of financial security, the Borough Engineer may inspect the site periodically to confirm operation and maintenance of the stormwater facilities are being performed in accordance with the approved plan and this Chapter.

9.    The cost of inspections shall be paid by the person/entity responsible for operation and maintenance of the stormwater facilities, in accordance with a fee schedule adopted by resolution of Council.

(Ord. 2022-3, 9/12/2022, §1)

§11A-408 Modification of Stormwater Management Facilities.

A modification which involves a change in stormwater management methods, facilities or techniques, or that involves the relocation or redesign of stormwater management facilities, or which is necessary because soil or other conditions are not as stated on the approved plan, shall require an SWM site plan resubmission in accordance with the plan requirements set forth in this Chapter and Chapter 13, Subdivision and Land Development.

(Ord. 2022-3, 9/12/2022, §1)

§11A-409 Modification of Stormwater Management Ordinance Provisions.

1.    The provisions of this Chapter are intended as minimum standards for the protection of the public health, safety and welfare of the residents and inhabitants of the Borough. The Borough may grant a modification of the requirements of 1 or more provisions of this Chapter if the Borough concludes that the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question; provided, that such modifications will not be contrary to the public interest and that the purpose and intent of this Chapter is observed. Cost or financial burden shall not be considered a hardship. Modifications will be considered if an alternative standard or approach will provide equal or better achievement of the purpose of this Chapter.

2.    All requests for a modification shall be in writing to the Borough and shall accompany and be part of the application for a SWM site plan. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the Chapter involved and the minimum modification necessary.

3.    In granting waivers/modifications, the Borough may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this Chapter.

(Ord. 2022-3, 9/12/2022, §1)