[Ord. 1056, 4/20/2004; as amended by Ord. 1106, 1/20/2009;
and by Ord. 1121, 3/15/2011]
The following items shall be included in the SWM site plan:
A.
General; Structural Prohibition. A land disturbance activity, as
defined in this Part 1, shall not be initiated until a stormwater
management permit has been issued. No structure shall be permitted,
and no permit shall be issued, for the laying, placing, erecting,
constructing or locating of any structure in any stormwater management
facility or drainage easement area, whether such area was created
by plan, express easement, easement by implication, easement in fact,
or easement by operation of law. This prohibition shall not apply
to structures comprising component parts of an approved stormwater
management facility.
B.
Application Procedure.
(1)
All applications for a stormwater management permit, the activity for which also constitutes a subdivision or land development, shall be submitted concurrently with the subdivision and/or land development plan filed pursuant to Chapter 22, Subdivision and Land Development, of this Code. Action on the stormwater management permit will be made in conjunction with the preliminary plan under Chapter 22.
(2)
All applications for a stormwater management permit, the activity
for which does not constitute a subdivision or land development, shall
conform with the following procedures. An application for a stormwater
management permit shall be submitted to the Borough-designated representative
who has been authorized to receive applications, at the Borough of
Mechanicsburg Building, on any business day.
(3)
The Borough shall forward the application to the Borough Engineer
for review.
(4)
The Borough Engineer shall, within 60 days from the municipal
receipt of an application, issue a permit (see Appendix D)[1] or disapprove the application and transmit the decision,
in writing, to the applicant and the Mechanicsburg Borough Council.
Failure of the Borough-designated representative to render a decision
and communicate it as prescribed above shall not be deemed an approval.
[1]
Editor's Note: Appendix D is included as an attachment
to this chapter.
(5)
A notice of disapproval shall cite the reasons for disapproval.
C.
Application Requirements.
(1)
Minor Land Disturbance. An application for a stormwater management
permit for a minor land disturbance, as defined in this Part 1, shall
include one completed copy of the application for a minor land disturbance
(see Appendix D) and a filing fee in the amount specified in the fee
schedule as established by resolution or ordinance of the Borough
Council.
(2)
Major Land Disturbance. An application for a stormwater management
permit for a land disturbance activity, as defined in this Part 1,
shall include the following items:
(a)
One completed copy of the application for a Stormwater Management
permit (see Appendix D).
(c)
A filing fee in the amount specified in the fee schedule as
established by resolution or ordinance of the Borough Council.
(d)
A performance bond, when applicable.
(e)
Liability insurance, when applicable.
D.
Stormwater Management Plan Contents. Stormwater management plans
shall be prepared by professionals registered in the Commonwealth
of Pennsylvania to perform such duties. Designs which entail engineering
expertise shall be prepared by engineers with appropriate expertise.
The plan shall show, be accompanied by, or be prepared in accordance
with the following:
(1)
General.
(a)
The plan shall be clearly and legibly drawn at a scale of 10
feet, 20 feet, 30 feet, 40 feet, 50 feet, or 100 feet to the inch.
Profile plans shall maintain a ratio of one to 10 (1:10) vertical
to horizontal.
(b)
The sheet size shall be a maximum of 36 inches by 24 inches.
If the plan is prepared in two or more sections, a key map showing
the location of the sections shall be placed on each sheet. If more
than one sheet is necessary, each sheet shall be numbered to show
the relationship to the total number of sheets in the plan (e.g.,
sheet one of five).
(c)
Plans shall be legible in every detail.
(d)
The name and address of the landowner, applicant, and individual
who prepared the plan.
(e)
The plan date and the date of latest revision to the plan, North
point, graphic scale and written scale.
(f)
A location map, drawn to scale, relating the property to at
least two intersections of existing road center lines, including the
approximate distance to the intersection of the center lines of the
nearest existing street intersection.
(g)
A note on the plan indicating any area that is proposed to be
offered for dedication to the Borough. Any area that is subjected
to an easement and not to be offered for dedication shall be identified,
along with a statement that the Borough is not responsible for the
maintenance of any area not dedicated to and accepted for public use.
(h)
A certificate, signed and sealed by an individual registered
in the Commonwealth of Pennsylvania and qualified to perform such
duties, indicating compliance with the provisions of this Part 1 (see
Appendix E).
(2)
Existing Features.
(a)
Tract boundaries, showing distances, bearings and curve data,
as located by field survey or deed plotting, the total acreage of
the tract, and the total acreage of the project if less than the entire
tract.
(b)
Existing contours, at a minimum vertical interval of two feet
for land with an average natural slope of 4% or less and at a minimum
vertical interval of five feet for more-steeply sloping land. Contours
shall be accompanied by the location of the benchmark within or immediately
adjacent to the subject tract and a notation indicating the datum
used. The United States Geodetic Survey shall be used for benchmark
datum.
(c)
The names of all owners of all immediately adjacent land, the
names of all proposed or existing developments immediately adjacent,
and the locations and dimensions of any streets or easements shown
thereon.
(d)
The names, locations and dimensions of all existing buildings,
street rights-of-way, railroads, utilities, watercourses, drainage
facilities, floodplains, wetlands, on-lot sewage disposal facilities,
easements, and other significant features located either within and
adjacent to the property or 200 feet from the property.
(e)
The size, slope capacity, material, elevation and condition
of the existing stormwater management system and any other facility
that may be used to convey storm flows.
(f)
Soil types as designated by the United States Department of
Agriculture, Natural Resources Conservation Service, Soil Survey of
Cumberland County.
(g)
Designation of the location of on-site and off-site subwatersheds.
(h)
Designation of the location of the time of concentration for
the on-site and off-site subwatersheds.
(3)
Proposed Features.
(a)
The proposed land use, total number of lots and dwelling units,
and extent of commercial, industrial or other nonresidential uses.
(b)
Locations and dimensions of all proposed streets, sidewalks,
lot lines, building locations, parking compounds, impervious and semi-impervious
surfaces, sanitary sewer facilities, water facilities, stormwater
management facilities, utilities, and other significant features.
This information shall be provided to the detail necessary to construct
the facilities.
(c)
Proposed changes to the land surface and vegetative cover, including
areas to be cut or filled.
(d)
Proposed topographical data. This information shall be provided
by contour lines indicating the existing and proposed grades of the
site. Contour lines shall be provided at one-foot vertical intervals
for slopes of 10% or less and at vertical intervals of five feet for
more-steeply sloping land.
(e)
Plans and profiles of proposed stormwater management facilities,
including horizontal and vertical location. Additionally, a detail
with all pertinent construction requirements shall be provided for
outlet structures. This information shall be of the quality required
for the construction of all facilities.
(f)
The size, slope, capacity, material, elevation, and condition
of the proposed stormwater management system and any other facility
that may be used to convey storm flows. This information shall include
invert elevations and top-of-grate elevations.
(g)
Plans and profiles of all erosion and sedimentation control
measures, temporary as well as permanent.
(h)
Designation of the location of on-site subwatersheds.
(i)
Designation of the location of the time of concentration for
the on-site subwatersheds.
(4)
Written Report and Calculations.
(a)
Calculations, assumptions, criteria, methodology and references
used in the design of stormwater management facilities, the establishment
of capacities, and the predevelopment and post-development peak discharge.
(b)
For all basins, a plotting or tabulation of the storage volumes
and discharge curves, with corresponding water surface elevations,
inflow hydrographs and outflow hydrographs.
(c)
Soil structures and characteristics shall be provided for all
proposed groundwater recharge systems and for detention or retention
basins which hold two acre-feet or more of water or which have an
embankment that is six feet or more in height. Plans and data prepared
by a registered professional experienced and educated in soil mechanics
shall be submitted. This data shall provide design solutions for frost-heave
potential, spring-swell potential, soil-bearing strength, water infiltration,
soil-settling characteristics, fill and backfilling procedures and
soil treatment techniques as required to protect the improvements
or structures. The following requirements apply to all proposed groundwater
recharge methods of rate and volume control, such as seepage pits,
beds, trenches, bioretention areas and subsurface infiltration:
[1]
Representative percolation tests must be made throughout the
proposed area. At least one percolation test must be included in each
soil group and at least one percolation test must be conducted for
each five lots proposed for development. Testing, in general, should
follow the same guidelines as though testing for an on-lot septic
system.
(d)
A description of all erosion and sedimentation control measures,
temporary as well as permanent, including the staging of landmoving
activities, sufficient in detail to clearly indicate their function.
All erosion and sedimentation control measures shall conform to the
requirements of the Pennsylvania Department of Environmental Protection,
Soil Erosion and Sedimentation Control Manual.
(e)
A description of an ownership and maintenance program, in a
recordable form, that clearly sets forth the ownership and maintenance
responsibilities for all temporary and permanent stormwater management
facilities, which shall include the following:
[1]
A description of the method and extent of the maintenance requirements.
[2]
Identification of an individual, corporation, association or
other entity responsible for ownership and maintenance.
[3]
When maintained by a private entity, a copy of the legally binding
document which provides that the Borough shall have the right to:
[a]
Inspect the facilities at any time.
[b]
Require the private entity to take corrective measures
and assign the private entity reasonable time periods for any necessary
action.
[c]
Authorize maintenance to be done by the Borough
or an agent or contractor of the Borough and the liening of the cost
of the work against the properties of the private entity responsible
for the maintenance.
[4]
Establishment of suitable easements for access to stormwater
management facilities.
[5]
When an assignment of responsibility is made to the Borough,
it must include an acknowledgment of its formal acceptance of the
responsibility.
[6]
This document shall be recorded in the office of the Recorder
of Deeds for Cumberland County upon issuance of a permit. In all cases,
the document shall be recorded prior to the initiation of construction
and be fully effective at the post-construction period.
(f)
A Pennsylvania Department of Transportation highway occupancy
permit for any stormwater management facility proposed within the
right-of-way of any state road.
(g)
Acknowledgment that an NPDES DEP permit or other soil erosion
and sediment pollution control approval is not required by law, or,
if such approval is required by law, then a true and correct copy
of such approval shall be provided to the Borough.
(h)
Notification of approval from the applicable state and federal
agencies for any proposed encroachment into a regulated floodway or
wetland area.
(i)
A schedule for installation of the control measures and devices.
In all cases, the proposed stormwater management devices must be completed
prior to the construction of additional impervious areas.
[Ord. 1056, 4/20/2004; as amended by Ord. 1106, 1/20/2009;
and by Ord. 1121, 3/15/2011]
1.
The SWM site plan shall be reviewed by the Borough Engineer for the
Borough for consistency with the provisions of this Part 1. After
review, the Borough Engineer shall approve or disapprove the SWM site
plan. If it is recommended to disapprove the SWM site plan, the Borough
Engineer shall state the reasons for the disapproval in writing. The
Borough Engineer also may approve the SWM site plan with conditions
and, if so, shall provide the acceptable conditions for approval in
writing. The SWM site plan review shall be completed within the time
allowed by the Municipalities Planning Code[1] for reviewing subdivision plans.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
2.
For SWM site plans that do not require subdivision and land development
approval, the Borough Engineer shall notify the applicant, in writing,
within 60 calendar days whether the SWM site plan is approved or disapproved.
If the SWM site plan involves a subdivision and land development plan,
the notification period is 90 days. If a longer notification period
is provided by other statute, regulation, or ordinance, the applicant
will be so notified by the Borough Engineer. If the Borough Engineer
disapproves the SWM site plan, the Borough shall cite the reasons
for disapproval in writing.
[Ord. 1056, 4/20/2004; as amended by Ord. 1106, 1/20/2009;
and by Ord. 1121, 3/15/2011]
1.
Inspections shall be required prior to the start of construction,
during installation of materials and structures, and upon the completion
of all improvements. Prior to the initiation of construction, the
developer shall arrange a preconstruction meeting with the Borough
Engineer so that an inspection schedule can be coordinated with the
construction schedule. The Borough Engineer shall be notified two
working days in advance of any intended date of construction. The
provisions stated herein shall not be construed as mandating periodic
inspections, and the undertaking of periodic inspections shall not
be construed as an acceptance of the work during construction or as
a final inspection of the construction. The Borough shall inspect
all phases of the land disturbance activity, including but not limited
to the following:
A.
Prior to the start of any land disturbance activity.
B.
During construction of the permanent stormwater management facilities
at such times as specified by the Borough.
C.
Upon installation of permanent stormwater management facilities.
D.
Upon completion of any final grading, vegetative control measures
or other site restoration work done in accordance with the permit.
2.
No work shall begin on a subsequent phase until the preceding phase
has been inspected and approval has been noted on the permit. Any
portion of the work which does not comply with the approved plan must
be corrected by the applicant. No work may proceed on any subsequent
phase until the required corrections have been made.
[Ord. 1056, 4/20/2004; as amended by Ord. 1106, 1/20/2009;
and by Ord. 1121, 3/15/2011]
1.
The Borough may, prior to issuing a stormwater management permit,
require a performance guaranty for stormwater detention and/or retention
basins, erosion control facilities, and other drainage facilities
which may adversely affect adjacent properties, streets or other public
improvements.
2.
Where required, the developer shall file with the Borough Council financial security in an amount sufficient to cover the costs of the stormwater management facilities. The administration of the financial security shall comply with the financial security provisions of Chapter 22, Subdivision and Land Development, of this Code.
[Ord. 1056, 4/20/2004; as amended by Ord. 1106, 1/20/2009;
and by Ord. 1121, 3/15/2011]
The degree of stormwater management sought by the provisions
of this Part 1 is considered reasonable for regulatory purposes. The
issuance of permits by the Borough, its officers, or employees shall
not be deemed to relieve the developer of responsibility, if any such
responsibility exists, to those adversely affected by the drainage
of water. Further, the Borough, through the issuance of a permit,
assumes no responsibility to either the developer or the adjoining
property owner affected by the drainage of water. Additionally, neither
issuance of the permit nor compliance with the provisions hereto shall
constitute a representation, guaranty or warranty of any kind by the
Borough of Mechanicsburg or by any official or employee thereof and
shall create no liability, nor shall any conditions imposed by the
Borough relieve any person from any responsibility for damage otherwise
imposed by law nor impose any liability upon the Borough or its officers,
appointed professionals, or employees for damages to persons or property.
[Ord. 1056, 4/20/2004; as amended by Ord. 1106, 1/20/2009;
and by Ord. 1121, 3/15/2011]
The Borough may, prior to issuing a stormwater management permit,
require the applicant to submit a maintenance guaranty for the structural
integrity as well as function of any stormwater management facility
for a term not to exceed 18 months from the date of acceptance of
dedication by the Borough Council. Said guaranty shall not exceed
15% of the actual cost of installation of said improvements and shall
be of the same type of financial security as required in this Part
1.
[Ord. 1056, 4/20/2004; as amended by Ord. 1106, 1/20/2009;
and by Ord. 1121, 3/15/2011]
A modification to a submitted SWM site plan that involves a
change in SWM BMPs or techniques, or that involves the relocation
or redesign of SWM BMPs, 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 new permit; except that the Borough Engineer
may authorize modification, provided that such modifications do not:
[Ord. 1056, 4/20/2004; as amended by Ord. 1106, 1/20/2009;
and by Ord. 1121, 3/15/2011]
A disapproved SWM site plan may be resubmitted, with the revisions
addressing the Borough Engineer's concerns, in accordance with
this Subpart D. The applicable review fee must accompany a resubmission
of a disapproved SWM site plan.
[Ord. 1056, 4/20/2004; as amended by Ord. 1106, 1/20/2009;
and by Ord. 1121, 3/15/2011]
In circumstances where no subdivision or land development plan is required, the Borough Engineer's approval of an SWM site plan authorizes completion of the regulated activities contained in the SWM site plan for a maximum term of validity of five years following the date of approval. Terms of validity shall commence on the date the Borough Engineer signs the approval for an SWM site plan. In the case of a required subdivision or land development plan, the maximum term of validity shall be five years following the date of preliminary plan approval by the Borough Council. If an approved SWM site plan is not completed according to § 26-140 within the term of validity, then the Borough may consider the SWM site plan disapproved and may revoke any and all permits issued by the Borough. SWM site plans that are considered disapproved by the Borough shall be resubmitted in accordance with § 26-131 of this Part 1.
[Ord. 1056, 4/20/2004; as amended by Ord. 1106, 1/20/2009;
and by Ord. 1121, 3/15/2011]
1.
The applicant shall be responsible for providing as-built plans of
all SWM BMPs included in the approved SWM site plan. The as-built
plans and an explanation of any discrepancies with the construction
plans shall be submitted to the Borough within 30 calendar days of
project completion or, in the case of dedicated public improvements,
prior to acceptance of the improvements by the Borough Council.
2.
The as-built submission shall include a certification of completion,
signed by a qualified professional verifying that all permanent SWM
BMPs have been constructed according to the approved plans and specifications.
If any licensed qualified professionals contributed to the construction
plans, then a licensed qualified professional must sign the completion
certificate.
3.
After receipt of the as-built plan, the Borough may conduct a final
inspection.
