A.
No approval of any subdivision or land development
plans, or issuance of any building or occupancy permit, or the commencement
of any earth disturbance, involving earth disturbance of 5,000 square
feet or the creation of 1,000 square feet of impervious surface or
greater at a project site within the municipality, shall proceed until
a written approval of a project plan is issued by the municipality.
B.
The following general project plan requirements apply:
(1)
Stormwater management design shall permit unimpeded
flow along natural watercourses, except as modified by stormwater
BMPs consistent with this chapter.
(2)
The existing points of concentrated drainage that
discharge onto adjacent property shall not be altered without permission
of the adjacent property owner(s).
(3)
Areas of existing diffused drainage discharge shall
be subject to any applicable criteria in the general direction of
existing discharge, whether proposed to be concentrated or maintained
as diffused drainage areas, except as otherwise provided by this chapter.
If diffused flow is proposed to be concentrated and discharged onto
adjacent property, the applicant must demonstrate that the resulting
flows will not result in any increased flooding or risk to human health
and safety, and violation of the water quality requirements herein.
(4)
Where a development site is traversed by watercourses,
drainage easements shall be provided conforming to the line of such
watercourses. The terms of the easement shall prohibit excavation,
the placing of fill or structures, and any alterations that may adversely
affect the flow of stormwater within any portion of the easement.
In addition, maintenance, including mowing of vegetation within the
easement, shall be required. All such easements shall be recorded
in the County Recorder’s office. Minimum easement width is 50
feet.
(5)
When it can be shown that, due to topographic conditions,
natural drainageways on the site cannot adequately provide for stormwater
surface drainage, open channels may be constructed conforming substantially
to the line and grade of such natural drainageways.
C.
The following items shall be included in the project
plan:
(2)
Map(s) of the project area shall be submitted on twenty-four-inch-by-thirty-six-inch
sheets and shall be prepared in a form that meets the requirements
for recording in the offices of the Recorder of Deeds of Westmoreland
County. The contents of the map(s) shall include, but not be limited
to:
[Amended 7-7-2004 by Ord. No. 514]
(a)
The location of the project relative to highways,
municipalities or other identifiable landmarks.
(b)
Existing contours at intervals of two feet.
In areas of steep slopes greater than 15%, five-foot contour intervals
may be used.
(c)
Existing streams, lakes, ponds, or other bodies
of water within the project area.
(d)
Other physical features including flood hazard
boundaries, sinkholes, streams, existing drainage courses, areas of
natural vegetation to be preserved, and the total extent of the upstream
area draining through the site.
(e)
The locations of all existing and proposed utilities,
sanitary sewers, and water lines within 50 feet of property lines.
(f)
An overlay showing soil names and boundaries.
(g)
Proposed changes to the land surface and vegetative
cover, including the type and amount of impervious area that would
be added.
(h)
Proposed structures, roads, paved areas, and
buildings.
(i)
Final contours at intervals of two feet. In
areas of steep slopes (greater than 15%), five-foot contour intervals
may be used.
(j)
Preflow drainage areas and postflow drainage
areas with area noted in acreage.
(3)
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.
(4)
The date of submission.
(5)
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.
(6)
Additional information.
(a)
A North arrow.
(b)
The total tract boundary and size with distances
marked to the nearest foot and bearings to the nearest degree.
(c)
Existing and proposed land use(s).
(d)
A key map showing all existing man-made features
beyond the property boundary that would be affected by the project.
(e)
Horizontal and vertical profiles of all open
channels, including hydraulic capacity.
(f)
Overland drainage paths.
(g)
A twenty-foot wide access easement around all
stormwater BMPs that would provide ingress to and egress from a public
right-of-way.
(h)
The location and responsibility for maintenance
of stormwater management BMPs that would be located off-site. All
off-site facilities shall meet the performance standards and design
criteria specified in this chapter.
(i)
Construction detail of any improvements made
to sinkholes and the location of all notes to be posted, as specified
in this chapter.
(j)
Statement, signed by the landowner, acknowledging
the stormwater BMPs to be fixtures that can be altered or removed
only after approval of a revised plan by the municipality.
(k)
The location of all erosion and sediment control
BMPs.
(l)
The following signature block for the Municipal
Engineer:
|
______________________, on this date (date of
signature), have reviewed and hereby certify that the Drainage Plan
meets all design standards and criteria of the Municipal Ordinance.
|
D.
Supplemental information.
(1)
A written description of the following information
shall be submitted.
(a)
The overall stormwater management concept for
the project.
(b)
Stormwater runoff computations as specified
in this chapter.
(c)
Stormwater management BMPs to be applied both
during and after development.
(d)
Calculations on all storm pipe sizing, inlet
grate capacity and pipe outfall protection.
(e)
Expected project time schedule.
(2)
A soil erosion and sediment control plan, where applicable,
including all reviews and approvals, as required by PADEP.
(3)
A geologic assessment of the effects of runoff on
sinkholes as specified in this chapter.
(4)
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.
(5)
A declaration of adequacy and highway occupancy permit
from the PennDOT District Office when utilization of a PennDOT storm
drainage system is proposed.
E.
Stormwater management BMPs.
(1)
All stormwater BMPs must be located on a plan and
described in detail.
(2)
When infiltration methods such as seepage pits, beds
or trenches are used, the locations of existing and proposed septic
tanks, infiltration areas and wells must be shown.
(3)
All calculations, assumptions, and criteria used in
the design of the stormwater BMPs must be shown.
For any activities that require a PADEP permit under Chapter 102 (Erosion and Sediment Control), Chapter 105 (Dam Safety and Waterway Management) or Chapter 106 (Floodplain Management) of PADEP regulations, require a PennDOT highway occupancy permit, or require any other permit under applicable state or federal regulations, the permit(s) applications(s) (or confirmation of application by relevant governmental unit) shall be part of the plan submittal.
A.
Review by Municipality Engineer and Westmoreland Conservation
District (WCD). Stormwater management plans shall be reviewed by the
Municipality Engineer and WCD. BMPs shall be shown on all stormwater
management plans and erosion and sedimentation control plans, as applicable.
At its discretion, the municipality and/or WCD may also engage other
specialists in hydrology or hydraulics to assist with the stormwater
management plan review.
[Amended 12-2-2020 by Ord. No. 733]
C.
For activities governed by this chapter, the Municipal
Engineer shall notify the applicant in writing, within 30 calendar
days, whether the project plan is consistent with this chapter. Should
the project plan be determined to be consistent with this chapter,
the Municipal Engineer will forward an approval letter to the applicant
with a copy to the Municipal Secretary.
D.
Should the project plan be determined to be inconsistent
with this chapter, the Municipal Engineer will forward a disapproval
letter to the applicant with a copy to the Municipal Secretary citing
the reason(s) for the disapproval. Any disapproved project plans may
be revised by the applicant and resubmitted consistent with this chapter.
There may be additional charges for engineering reviews.
E.
The Municipal Engineer shall notify the Rostraver
Township Zoning Officer in writing, within a timeframe consistent
with the Municipal Building Code and/or Municipal Subdivision Ordinance,
whether the project plan is consistent with this chapter and forward
a copy of the approval/disapproval letter to the applicant. Any disapproved
project plan may be revised by the applicant and resubmitted consistent
with this chapter.
F.
For land development activities requiring a PADEP
permit or other approval, the Municipal Engineer shall notify PADEP
whether the project plan is consistent with this chapter and forward
a copy of the review letter to the municipality and the applicant.
PADEP may consider the Municipal Engineer’s review comments
in determining whether to issue a permit
G.
All required permits from PADEP must be obtained prior
to approval of the project plan by the municipality.
H.
The municipality shall not approve any subdivision
or land development plan, or issue a building or occupancy permit,
unless the project plan complies with the requirements of this chapter
as determined by the Municipal Engineer.
I.
The applicant shall be responsible for completing
an as-built survey of all stormwater BMPs included in the approved
project plan. The as-built survey, and an explanation of any discrepancies
with the project plan, shall be submitted to the Municipal Engineer
for final approval.
J.
In no case shall the municipality approve the as-built
survey until the municipality receives a copy of an approved declaration
of adequacy, highway occupancy permit from the PennDOT District Office,
and any applicable permits from PADEP.
K.
The municipality’s approval of a project plan shall be valid for a period not to exceed two years. This two-year time period shall commence on the date that the municipality signs the approved project plan. If stormwater BMPs included in the approved project plan have not been constructed, or if an as-built survey of these BMPs has not been approved with this two-year time period, then the municipality may consider the project plan disapproved and may revoke any and all municipal permits and approvals and may result in the bond being declared in default. Project plans that are considered disapproved by the municipality shall be resubmitted accordance with § 164-23 of this chapter.
A set of design plans approved by the municipality
shall be on file at the site throughout the duration of the development
activity. Periodic inspections may be made by the municipality or
designee during development activities.
It shall be unlawful for any person to undertake
any development activity on any property except as provided for in
the approved project plan and pursuant to the requirements of this
chapter. It shall be unlawful to alter or remove any BMP required
by the project plan pursuant to this chapter or to allow the property
to remain in a condition which does not conform to the approved project
plan.
A.
At the completion of the project, and as a prerequisite for the release of the performance guarantee under § 164-43, the owner or his representatives shall:
B.
After receipt of the certification by the municipality,
a final inspection shall be conducted by the municipality or its designee
to certify compliance with this chapter.
An occupancy permit shall not be issued unless
the certification of completion has been secured or appropriate stormwater
facilities bond is in place. The occupancy permit shall be required
for each lot owner and/or developer for all subdivisions and land
development in the municipality.
A.
Every applicant shall provide for stormwater management
as required by this chapter, unless a written request is filed to
waive this requirement. Requests to waive the stormwater management
plan requirements shall be submitted to the Township of Rostraver
for approval.
B.
The minimum requirements for stormwater management
may be waived in whole or in part upon written request of the applicant,
provided that at least one of the following conditions applies:
(1)
It can be demonstrated that the proposed development
is not likely to impair attainment of the objectives of this chapter.
(2)
Alternative minimum requirements for on-site management
of stormwater discharges have been established in a stormwater management
plan that has been approved by the Township of Rostraver and the implementation
of the plan is required by local ordinance.
(3)
Provisions are made to manage stormwater by an off-site
facility. The off-site facility is required to be in place, to be
designed and adequately sized to provide a level of stormwater control
that is equal to or greater than that which would be afforded by on-site
practices and there is a legally obligated entity responsible for
long-term operation and maintenance of the stormwater practice.
C.
In instances where one of the conditions above applies,
Rostraver Township may grant a waiver from strict compliance with
these stormwater management provisions, as long as acceptable mitigation
measures are provided. However, to be eligible for a waiver, the applicant
must demonstrate to the satisfaction of the Township of Rostraver
that the waiver will not result in the following impacts to downstream
waterways:
D.
Furthermore, where compliance with minimum requirements
for stormwater management is waived, the applicant will satisfy the
minimum requirements by meeting one of the mitigation measures selected
by Rostraver Township. Mitigation measures may include, but are not
limited to, the following:
(1)
The purchase and donation of privately owned lands,
or the grant of an easement to be dedicated for preservation and/or
reforestation. These lands should be located adjacent to the stream
corridor in order to provide permanent buffer areas to protect water
quality and aquatic habitat.
(2)
The creation of a stormwater management facility or
other drainage improvements on previously developed properties, public
or private, that currently lack stormwater management facilities designed
and constructed in accordance with the purposes and standards of this
chapter.
(3)
Monetary contributions (fee in lieu) to fund stormwater
management activities such as research and studies (e.g., regional
wetland delineation studies, stream monitoring studies for water quality
and macroinvertebrates, stream flow monitoring, threatened and endangered
species studies, hydrologic studies, and monitoring of stormwater
management practices.)
Where the Township of Rostraver waives all or part of the minimum stormwater management requirements, or where the waiver is based on the provision of adequate stormwater facilities provided downstream of the proposed development, the applicant shall be required to pay a fee in an amount as determined by the Township of Rostraver. When an applicant obtains a waiver of the required stormwater management, the monetary contribution required shall be in accordance with a fee schedule (unless the developer and Rostraver Township agree on a greater alternate contribution) established by § 164-42, and based on the cubic feet of storage required for stormwater management of the development in question. All of the monetary contributions shall be credited to an appropriate capital improvements program project, and shall be made by the developer prior to the issuance of any building permit for the development.
In lieu of a monetary contribution, an applicant
may obtain a waiver of the required stormwater management by entering
into an agreement with Rostraver Township for the granting of an easement
or the dedication of land by the applicant, to be used for the construction
of an off-site stormwater management facility. The agreement shall
be entered into by the applicant and Rostraver Township prior to the
recording of plats, or, if no record plat is required, prior to the
issuance of the building permit.
