For any of the activities regulated by this chapter, the preliminary
or final approval of subdivision and/or land development plans, the
issuance of any building or occupancy permit, or the commencement
of any earth disturbance activity may not proceed until the property
owner or applicant or his/her agent has received written approval
of a drainage plan from the municipality and an adequate erosion and
sediment control plan review by the Conservation District.
A.
General exemptions. The following land use activities are exempt
from the drainage plan submission requirements of this chapter:
(1)
Use of land for gardening for home consumption.
(2)
Agriculture when operated in accordance with a conservation plan
or erosion and sediment control plan (E&S) found adequate by the
Conservation District.
(3)
Forest management operations which are following the Department of Environmental Protection's management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" and are operating under an approved E&S plan and must comply with stream buffer requirements in § 398-14E. A copy of the approved E&S plan shall be submitted to the municipality to prove exemption from the requirements of the stormwater ordinance.
B.
Stormwater quantity control exemption.
(1)
Any regulated activity that meets the impervious area exemption criteria in Table 398-21.1 shall not be required to submit a drainage plan implementing the stormwater quantity controls, specified in § 398-16 of this chapter. These criteria shall apply to the total development even if development is to take place in phases. The date of the municipal ordinance adoption shall be the starting point from which to consider tracts as "parent tracts" in which future subdivisions and respective impervious area computations shall be cumulatively considered. Impervious areas existing on the parent tract prior to adoption of this chapter shall not be considered in cumulative impervious area calculations for exemption purposes.
|
Table 398-21.1
Impervious Area Exemption Criteria
| |||
|---|---|---|---|
|
Total Parcel Size
(acres)
|
Minimum Distance*
(feet)
|
Impervious Area Exemption
(square feet)
| |
|
<1/4
|
0
|
2,500
| |
|
>1/4 to 1
|
0
|
5,000
| |
|
>1 to 2
|
100
|
10,000
| |
|
>2
|
250
|
15,000
| |
|
*
|
Note: The minimum distance between the proposed impervious area
and/or stormwater controls/structures discharge point to the downstream
property line.
|
(2)
Applicants whose activities are exempted under Subsection B(1) above shall still be required to meet the groundwater recharge (§ 398-13), water quality (§ 398-14), and stream bank erosion (§ 398-15) controls of this chapter. Drainage plans in accordance with § 398-22A(2), B(7), (8), (11), (15) and (22), and D(2) must still be submitted. Any exemption must first be approved by the municipality.
C.
Additional exemption criteria.
(1)
Exemption responsibilities. An exemption shall not relieve the applicant
from implementing such measures as are necessary to protect the public
health, safety, and property. An exemption shall not relieve the applicant
from providing adequate stormwater management for regulated activities
to meet the purpose of this chapter; however, drainage plans will
not have to be submitted to the municipality.
(2)
HQ and EV streams. This exemption shall not relieve the applicant from meeting the special requirements for watersheds draining to high quality (HQ) or exceptional value (EV) waters, identified and Source Water Protection Areas (SWPA) and requirements for nonstructural project design sequencing (§ 398-12), groundwater recharge (§ 398-13), water quality (§ 398-14), and stream bank erosion (§ 398-15).
(3)
Drainage problems. If a drainage problem is documented or known to
exist downstream of, or expected from the proposed activity, then
the municipality may require a drainage plan submittal.
D.
The municipality may deny or revoke any exemption pursuant to this
section at any time for any project that the municipality believes
may pose a threat to public health, safety, property or the environment.
The drainage plan shall consist of a general description of the project including sequencing items described in § 398-12, calculations, maps and plans. A note on the maps shall refer to the associated computations and erosion and sediment control plan by title and date. The cover sheet of the computations and erosion and sediment control plan shall refer to the associated maps by title and date. All drainage plan materials shall be submitted to the municipality in a format that is clear, concise, legible, neat, and well organized; otherwise, the drainage plan shall not be accepted for review and shall be returned to the applicant. The following items shall be included in the drainage plan:
A.
General.
(2)
General description of permanent stormwater management techniques,
including construction specifications of the materials to be used
for stormwater management facilities.
(3)
Complete hydrologic, hydraulic, and structural computations for all
stormwater management facilities.
(4)
An erosion and sediment control plan, including all reviews and approvals
by the Conservation District.
(5)
A general description of nonpoint source pollution controls.
(6)
Regulated activities that create disconnected impervious areas smaller
than a cumulative total of 500 square feet are exempt from the peak
rate control and the SWM site plan preparation requirements of this
chapter.
B.
Maps. Map(s) of the project area shall be submitted on twenty-four-inch-by-thirty-six inch sheets and/or shall be prepared in a form that meets the requirements for recording at the offices of the Recorder of Deeds of Berks County. If Chapter 410, Subdivision and Land Development, has more stringent criteria, then the more stringent criteria shall apply. The contents of the map(s) shall include, but not be limited to:
(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.
(3)
Existing streams, lakes, ponds or other waters of the commonwealth
within the project area.
(4)
Other physical features including flood hazard boundaries, stream
buffers, existing drainage courses, areas of natural vegetation to
be preserved, and the total extent of the upstream area draining through
the site.
(5)
The locations of all existing and proposed utilities, sanitary sewers,
and water lines within 50 feet of property lines.
(6)
An overlay showing soil names and boundaries.
(7)
Limits of earth disturbance, including the type and amount of impervious
area that would be added.
(8)
Proposed structures, roads, paved areas, and buildings.
(9)
Final contours at intervals of two feet. In areas of steep slopes
(greater than 15%), five-foot contour intervals may be used.
(10)
The name of the development, the name and address of the owner
of the property, and the name of the individual or firm preparing
the plan.
(11)
The date of submission.
(12)
A graphic and written scale of one inch equals no more than
50 feet; for tracts of 20 acres or more, the scale shall be one inch
equals no more than 100 feet.
(13)
A North arrow.
(14)
The total tract boundary and size with distances marked to the
nearest foot and bearings to the nearest degree.
(15)
Existing and proposed land use(s).
(16)
A key map showing all existing man-made features beyond the
property boundary that would be affected by the project.
(17)
Location of all open channels.
(18)
Overland drainage patterns and swales.
(19)
A fifteen-foot wide access easement around all stormwater management
facilities that would provide ingress to and egress from a public
right-of-way.
(20)
The location of all erosion and sediment control facilities.
(21)
A note on the plan indicating the location and responsibility
for maintenance of stormwater management facilities that would be
located on/off-site. All on/off-site facilities shall meet the performance
standards and design criteria specified in this chapter.
(22)
A statement, signed by the landowner, acknowledging that any
revision to the approved drainage plan must be approved by the municipality
and the Conservation District.
(23)
The following signature block for the Design Engineer:
|
"I, (Design Engineer), on this date (date of signature), hereby
certify that the drainage plan meets all design standards and criteria
of the Schuylkill River Watershed Act 167 Stormwater Management Ordinance."
|
C.
Supplemental information.
(1)
A written description of the following information shall be submitted:
(2)
An erosion and sediment control plan.
(3)
The effect of the project (in terms of runoff volumes and peak flows)
on adjacent properties and on any existing municipal stormwater collection
system that may receive runoff from the project site.
(4)
A Declaration of Adequacy and Highway Occupancy Permit from the PennDOT
District Office when utilization of a PennDOT storm drainage system
is proposed.
D.
Stormwater management facilities.
(1)
All stormwater management facilities must be located on a plan and
described in detail.
(2)
When infiltration facilities such as seepage pits, beds or trenches
are used, the locations of existing and proposed septic tank infiltration
areas and wells must be shown.
(3)
All calculations, assumptions, and criteria used in the design of
the stormwater management facilities must be shown.
The municipality shall require receipt of a complete plan, as
specified in this chapter. For any activities that require an NPDES
permit for stormwater discharges from construction activities, a PaDEP
joint permit application, a PennDOT highway occupancy permit, or any
other permit under applicable state or federal regulations, or are
regulated under Chapter 105 (Dam Safety and Waterway Management) or
Chapter 106 (Floodplain Management) of PaDEP's Rules and Regulations,
the proof of application for said permit(s) or approvals shall be
part of the plan. The plan shall be coordinated with the state and
federal permit process and the municipal SALDO review process.
A.
For projects which require SALDO approval, the drainage plan shall
be submitted by the applicant as part of the preliminary plan submission
where applicable for the regulated activity.
B.
For these regulated activities that do not require SALDO approval, see § 398-20, General requirements.
C.
Six copies of the drainage plan shall be submitted and distributed
as follows:
A.
The Municipal Engineer shall review the drainage plan for consistency
with the adopted Schuylkill River Watershed Act 167 Stormwater Management
Plan. Any found incomplete shall not be accepted for review and shall
be returned to the applicant.
B.
The Municipal Engineer shall review the drainage plan for any subdivision or land development against the Chapter 410, Subdivision and Land Development, provisions not superseded by this chapter.
C.
The County Conservation District shall review and approve the E&S
plan for consistency with PaDEP's Chapter 102 regulations.
D.
SWM site plan review and approval procedure.
(1)
If a SWM site plan does not involve a subdivision and/or land development,
the review of the SWM site, recommendations, approval, approval with
conditions, or disapproval, i.e., the review and decision period,
shall occur within 45 days of submission to the municipality. However,
the municipality, in its sole discretion, may extend the review and
decision period another 45 days due to the nature of the application
and/or site conditions. If an extension of another 45 days is imposed
or granted by the municipality beyond the first forty-five-day review
and decision period designated by this subsection, the municipality
shall notify the applicant in writing and deliver such notice to said
applicant within 15 days of the decision to extend the review and
decision period by the municipality. If no extension is imposed or
granted by the municipality beyond the first forty-five-day review
and decision period, and no decision has been rendered by the municipality
within that period, the SWM site plan shall be deemed approved. Similarly,
if after a forty-five-day extension of the review and decision period
has been imposed or granted by the municipality, and no decision has
been rendered by the municipality within that period, the SWM site
plan shall be deemed approved.
(2)
If a SWM site plan involves a subdivision and/or land development
plan, the period of time from the submission to the municipality of
the subdivision and/or land development plan application which includes
the SWM plan and the approval, approval with conditions, or disapproval,
i.e., review and decision period, shall be 90 days, in accordance
with the procedure for approval of plats in Section 508 of the Pennsylvania
Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
(3)
From the time an applicant for approval of a plat involving a subdivision
or land development plan, whether preliminary or final, which includes
a SWM site plan, is duly filed with the municipality, no change or
amendment of this chapter or other governing ordinance or plan shall
affect the decision on such application in accordance with the provisions
of the governing ordinances or plans as they stood at the time the
application was duly filed, as specified in Section 508(4)(i) of the
Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10508(4)(i).
E.
Decision notification procedure. In all cases, the decision of the municipality to approve or disapprove the SWM site plan shall be in writing and shall be delivered to the applicant no later than 15 days following the decision. If the SWM site plan is disapproved, the written decision by the municipality shall specify the defects in the application, describe the requirements that were not met, and shall cite the provisions of this chapter relied upon. If the SWM site plan is approved with conditions, the notification to the applicant shall state the acceptable conditions for approval and the time limit for satisfying such conditions. The time limit for satisfying conditions of approval shall be the time limit prescribed for conditional approval of subdivision and land development plans as stated in Chapter 410, Subdivision and Land Development, or the Berks County Subdivision and Land Development Ordinance, where applicable.
F.
For regulated activities under this chapter that require an NPDES
permit application, the applicant shall forward a copy of the Municipal
Engineer's letter stating that the drainage plan is consistent
with the stormwater management plan to the Conservation District.
PaDEP and the Conservation District may consider the Municipal Engineer's
review comments in determining whether to issue a permit.
G.
No building permits for any regulated activity specified in § 398-5 of this chapter if the drainage plan has been found to be inconsistent with the stormwater management plan, as determined by the Municipal Engineer, or without considering the comments of the Municipal Engineer. All required permits from PaDEP must be obtained prior to issuance of a building permit.
H.
The applicant shall be responsible for completing record drawings
of all stormwater management facilities included in the approved drainage
plan. The record drawings and an explanation of any discrepancies
with the design plans shall be submitted to the Municipal Engineer
for final approval. In no case shall the municipality approve the
record drawings until the municipality 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.
I.
The municipality's approval of a drainage plan shall be valid for a period not to exceed five years. Commencing on the date that the municipality signs the approved drainage plan. If stormwater management facilities included in the approved drainage plan have not been constructed, or if constructed, and record drawings of these facilities have not been approved within this five-year time period, 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 § 398-26 of this chapter.
A.
A modification to a drainage plan under review by the municipality for a development site that involves a change in stormwater management facilities or techniques, or that involves the relocation or redesign of stormwater management facilities, or that is necessary because soil or other conditions are not as stated on the drainage plan as determined by the Municipal Engineer, shall require a resubmission of the modified drainage plan consistent with § 398-23 of this chapter and be subject to review as specified in § 398-24 of this chapter.
B.
A modification to an already approved or disapproved drainage plan
shall be submitted to the municipality, accompanied by the applicable
municipal review and inspection fee. A modification to a drainage
plan for which a formal action has not been taken by the municipality
shall be submitted to the municipality, accompanied by the applicable
municipal review and inspection fee.
A disapproved drainage plan may be resubmitted, with the revisions addressing the Municipal Engineer's concerns documented in writing and addressed to the Municipal Secretary in accordance with § 398-23 of this chapter and distributed accordingly and be subject to review as specified in § 398-24 of this chapter. The applicable municipal review and inspection fee must accompany a resubmission of a disapproved drainage plan.
