For any of the activities regulated by this chapter and not eligible for the exemptions provided in § 360-11, the final approval of subdivision and/or land development plans, the issuance of any building or occupancy permit, zoning permit or the commencement of any land disturbance activity may not proceed until the applicant has received written approval of a SWM site plan from the Borough.
The SWM site plan and SWM site report shall consist of all applicable calculations, maps and plans. All SWM site plan materials shall be submitted to the Borough in a format that is clear, concise, legible, neat and well-organized; otherwise, the SWM site plan shall be rejected. Appropriate sections from the Borough Subdivision and Land Development Ordinance (see Chapter 370) and other applicable Borough ordinances shall be followed in preparing the SWM site plan.
A.
SWM site plan shall include (but not be limited to):
(1)
Plans on no larger than twenty-four-inch by thirty-inch sheets and
in a form that meets the requirements for recording in the office
of the Recorder of Deeds of Dauphin County.
(2)
The name of the development; name and location address of the property
site; name, address and telephone number of the applicant/owner of
the property; and name, address, telephone number, e-mail address,
and engineering seal of the individual preparing the SWM site plan.
(3)
The date of submission and dates of all revisions.
(4)
A graphical and written scale on all drawings and maps.
(5)
A North arrow on all drawings and maps.
(6)
A location map at a minimum scale of one inch equals 1,000 feet.
(7)
Metes and bounds description of the entire tract perimeter.
(8)
Existing and final contours at intervals of two feet.
(9)
Existing water bodies within the project area, including streams,
lakes, ponds, field-delineated wetlands or other bodies of water,
sinkholes, flood hazard boundaries (FEMA-delineated floodplains and
floodways), areas of natural vegetation to be preserved, the total
extent of the upstream area draining through the site, and overland
drainage paths.
(10)
The location of all existing and proposed utilities, on-lot
wastewater facilities, water supply wells, sanitary sewers, and waterlines
on and within 50 feet of property lines.
(11)
A key map showing all existing man-made features beyond the
property boundary that may be affected by the project.
(12)
Soil names and boundaries with identification of the hydrologic
soil group classification.
(13)
The proposed limit of disturbance line and associated proposed
disturbed acres.
(14)
Proposed structures, roads, paved areas and buildings, including
plans and profiles of roads and paved areas and floor elevations of
buildings.
(15)
Horizontal alignment, vertical profiles and cross sections of
all open channels, pipes, swales and other BMPs.
(16)
The location and clear identification of the nature of permanent
stormwater BMPs.
(17)
The location of all erosion and sedimentation control facilities.
(18)
A minimum twenty-foot-wide access easement around all stormwater
management facilities that would provide ingress to and egress from
a public right-of-way. In lieu of providing an easement to the public
right-of-way, a note may be added to the plan granting the Borough
or its designees access to all easements via the nearest public right-of-way.
(19)
Construction details for all drainage and stormwater BMPs.
(20)
Construction details of any improvements made to sinkholes.
(21)
Identification of short-term and long-term ownership, operations
and maintenance responsibilities.
(22)
Notes and statements:
(a)
A statement, signed by the landowner, acknowledging that the
stormwater BMPs are fixtures that cannot be altered or removed without
prior approval by the Borough.
(b)
A statement referencing the operation and maintenance (O&M)
agreement and stating that the O&M agreement is part of the SWM
site plan.
(c)
A note indicating that record drawings will be provided for
all stormwater management facilities prior to occupancy or the release
of financial security.
(d)
The following signature block for the qualified professional
preparing the SWM site plan:
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"I _______________________, hereby certify that the stormwater
management plan meets all design standards and criteria of the Borough
of Paxtang Stormwater Management Ordinance."
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B.
SWM site report shall include (but not limited to):
(1)
The name of the development; name and location address of the property
site; name, address and telephone number of the applicant-owner of
the property; and name, address, telephone number, e-mail address,
and engineering seal of the individual preparing the SWM site report.
(2)
Project description narrative, including expected project time schedule.
(3)
Location map showing the project site and its location relative to
release rate districts.
(4)
Drainage area maps for all watersheds and inlets depicting the time
of concentration paths.
(5)
A detailed description of the existing site conditions. A detailed
site evaluation shall be completed for projects proposed in areas
of carbonate geology or karst topography, and other environmentally
sensitive areas such as brownfields.
(6)
Complete hydrologic, hydraulic and structural computations, calculations,
assumptions and criteria for the design of all stormwater BMPs.
(7)
Description of, justification, and actual field results for infiltration
testing with respect to the type of test and test location for the
design of infiltration BMPs.
(8)
Calculations showing the total drainage area and impervious area
loading rates to each BMP.
(9)
The effect of the project (in terms of runoff volumes, water quality,
and peak flows) on surrounding properties and aquatic features and
on any existing municipal stormwater collection system that may receive
runoff from the project site.
(10)
Description of the proposed changes to the land surface and
vegetative cover, including the type and amount of impervious area
to be added.
(11)
All applicable worksheets from Chapter 8 of the BMP Manual when
establishing volume controls.
(12)
Identification of short-term and long-term ownership, operation
and maintenance responsibilities as well as schedules and costs for
inspection and maintenance activities for each permanent stormwater
or drainage BMP, including provisions for permanent access or maintenance
easements.
C.
Supplemental information to be provided prior to recording of the
SWM site plan, as applicable:
(1)
Signed and executed operations and maintenance agreement (Appendix
A).[1]
[1]
Editor's Note: Appendix A is attached to this chapter.
(2)
Signed and executed easements, as required for all on-site and off-site
work.
(3)
An erosion and sedimentation control plan and approval letter from
the DCCD.
(4)
A NPDES permit.
(5)
Permits from PADEP and the United States Army Corps of Engineers.
(6)
A geologic assessment.
(7)
A wetland delineation report.
(8)
A highway occupancy permit from PennDOT when utilization of a PennDOT
storm drainage system is proposed or when proposed facilities would
encroach onto a PennDOT right-of-way.
A.
The applicant shall submit the SWM site plan and report for the regulated
activity.
B.
Three copies of the SWM site plan and report shall be submitted to
the Borough and may be distributed as follows:
(1)
Two copies for the Borough, accompanied by the requisite Borough
review fee, as specified by the Borough review fee schedule established
and adopted by resolution by the Paxtang Borough Council. Fees shall
be payable to the Borough at the time of application (unless otherwise
noted herein), and plan processing, approval and any subsequent recording
shall not be completed until all required fees are paid. There shall
be no refund or credit of fees or a portion of any fee should the
applicant withdraw the plan during the review process or fail to receive
plan approval.
(2)
One copy for the Borough Engineer.
C.
Additional copies shall be submitted as requested by the Borough,
Dauphin County Planning Commission (DCPC), DCCD or PADEP.
A.
The Borough shall require receipt of a complete SWM site plan and
report as specified in this chapter. The Borough shall review the
SWM site plan and report for consistency with the purposes, requirements
and intent of this chapter.
B.
The Borough shall not approve any SWM site plan and report that is
deficient in meeting the requirements of this chapter. At its sole
discretion and in accordance with this article, when a SWM site plan
and report is found to be deficient, the Borough may disapprove the
submission and require a resubmission or, in the case of minor deficiencies,
the Borough may accept submission of modifications.
C.
The Borough shall notify the applicant in writing within 45 calendar
days whether the SWM site plan and report is approved or disapproved
if the SWM site plan and report is not part of a subdivision or land
development plan. If the SWM site plan and report involves a subdivision
or land development plan, the timing shall following the subdivision
and land development process according to the MPC.
D.
The Paxtang Building Code Official shall not issue a building permit
for any regulated activity if the SWM site plan and report has been
found to be inconsistent with this chapter, as determined by the Borough.
All required permits from PADEP must be obtained prior to issuance
of a building permit.
E.
If the Borough determines that any requirement under this chapter cannot be achieved for a particular regulated activity, the Borough may, after an evaluation of alternatives, approve measures other than those in this chapter, subject to §§ 360-21F. and 360-21G.
[Added 7-19-2022 by Ord. No. 683]
F.
Waivers
or modifications of the requirements of this chapter may be approved
by the Borough if enforcement will exact undue hardship because of
peculiar conditions pertaining to the land in question, provided that
the modifications will not be contrary to the public interest and
that the purpose of this chapter is preserved. Cost or financial burden
shall not be considered a hardship. Modification may be considered
if an alternative standard or approach will provide equal or better
achievement of the purpose of this chapter. A request for modifications
shall be in writing and accompany the Stormwater Management Site Plan
submission. The request shall provide the facts on which the request
is based, the provision(s) of the ordinance involved and the proposed
modification.
[Added 7-19-2022 by Ord. No. 683]
G.
No waiver
or modification of any regulated stormwater activity involving earth
disturbance greater than or equal to one acre may be granted by the
Borough unless that action is approved in advance by the Department
of Environmental Protection (PADEP) or the delegated conservation
district.
[Added 7-19-2022 by Ord. No. 683]
A modification to a submitted SWM site plan and report 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 SWM site plan as determined by
the Borough, shall require a resubmission of the modified SWM site
plan in accordance with this chapter.
A disapproved SWM site plan and report may be resubmitted, with
the revisions addressing the Borough's concerns documented in writing,
to the Borough in accordance with this chapter. The applicable Borough
review fee must accompany a resubmission of a disapproved SWM site
plan and report.
The Borough's approval of a SWM site plan and report authorizes
the regulated activities contained in the SWM site plan for a maximum
term of validity of five years following the date of approval. The
Borough may specify a term of validity shorter than five years in
the approval for any specific SWM site plan. Terms of validity shall
commence on the date the Borough signs the approval for a SWM site
plan. If stormwater management facilities included in the approved
SWM site plan have not been constructed, or if a record drawing of
these facilities has not been approved within this time, then the
Borough may consider the SWM site plan disapproved and may revoke
any and all permits or approvals.
A.
The applicant shall be responsible for providing record drawings
of all stormwater BMPs included in the approved SWM site plan. The
record drawings and an explanation of any discrepancies with the approved
SWM site plan shall be submitted to the Borough.
B.
The record drawings shall include a certification of completion signed
by a qualified professional verifying that all permanent stormwater
BMPs have been constructed according to the approved SWM site plan
and report.
C.
After receipt of the Record drawings and certification of completion,
the Borough may conduct a final inspection.
