1459.038 STORMWATER MANAGEMENT (SWM) SITE PLAN REVIEW.
   (a)   SWM plans shall be submitted to the Borough for review by the Borough Engineer for consistency with this chapter and the respective Act 167 Stormwater Management Plan. Any plan found incomplete may not be accepted for review and may be returned to the applicant. The Borough Engineer will review the SWM site plan for any subdivision or land development against the municipal SALDO provisions not otherwise superseded by this chapter.
   (b)   The applicant shall respond to the Conservation District comments on the SWM site plan prior to being considered for final approval by the Borough.
   (c)   For activities regulated by this chapter (Section 1459.005), the Borough Engineer will notify the applicant and the Borough in writing, with a copy to the Building Permit Officer, within ten calendar days, whether the SWM site plan is consistent with the stormwater management plan.
      (1)   If the Borough Engineer determines that the SWM site plan is consistent with the stormwater management ordinance, the Borough Engineer will forward a letter of consistency to the Borough, who will then forward a copy to the applicant.
      (2)   If the Borough Engineer determines that the SWM site plan is inconsistent or noncompliant with the stormwater management ordinance, the Borough Engineer will forward a letter to the Borough, with a copy to the applicant citing the reason(s) and specific chapter sections for the inconsistency or noncompliance. Inconsistency or noncompliance may be due to inadequate information to make a reasonable judgment as to compliance with the stormwater management plan. Any SWM site plans that are inconsistent or noncompliant may be revised by the applicant and resubmitted when consistent with this chapter.
   (d)   For regulated activities under this chapter that require an NPDES Permit application, the applicant shall forward a copy of the Borough Engineer's letter stating that the SWM site plan is consistent with the stormwater management ordinance to the Conservation District. PADEP and the Conservation District may consider the Borough Engineer's review comments in determining whether to issue a permit.
   (e)   The Borough will not grant preliminary or final approval to any subdivision or land development for regulated activities specified in this chapter if the SWM site plan has been found by the Borough Engineer to be inconsistent with the stormwater management ordinance. All required permits from PADEP must be obtained prior to approval of any subdivision or land development.
   (f)   No building permits for any regulated activity specified in this chapter will be approved by the Borough if the SWM site plan has been found to be inconsistent with the stormwater management ordinance, as determined by the Borough Engineer and Conservation District, or without considering the comments of the Borough Engineer and Conservation District. All required permits from PADEP must be obtained prior to issuance of a building permit.
   (g)   The applicant shall be responsible for completing record drawings of all stormwater management facilities included in the approved SWM site plan. The record drawings and an explanation of any discrepancies with the design plans shall be submitted to the Borough Engineer for final approval. In no case will the Borough approve the record drawings until the Borough receives a copy of an approved Declaration of Adequacy and/or Highway Occupancy Permit from the PennDOT District office, NPDES Permit, and any other applicable permits or approvals from PADEP or the Conservation District. The above permits and approvals must be based on the record drawings.
   (h)   The Borough's approval of a SWM site plan shall be valid for a period not to exceed five years commencing on the date that the Borough signs the approved SWM site plan. If stormwater management facilities included in the approved SWM site plan have not been constructed, or if constructed, record drawings of these facilities have not been approved within this five year time period, then the Borough may consider the SWM site plan inconsistent or noncompliant and may revoke any and all permits. SWM site plans that are determined to be inconsistent or noncompliant by the Borough shall be resubmitted in accordance with Section 1459.040.
(Ord. 1051. Passed 8-13-12.)