For any regulated activity, unless exempt per the provisions of § 388-6:
A.
Preparation and implementation of an approved SWM site plan is required.
B.
No regulated activity shall commence until the Township issues written
approval of a SWM site plan, which demonstrates compliance with the
requirements of this chapter, and, if required, a letter of adequacy
has been issued by the Conservation District for an erosion and sediment
control plan.
[Amended 12-15-2014 by Ord. No. 424-14]
C.
The preliminary or final approval of subdivision and/or land development
plans and the issuance of any building or occupancy permit shall not
proceed until the applicant has received written approval of a SWM
site plan from the Township.
[Amended 12-15-2014 by Ord. No. 424-14]
D.
The SWM site plan approved by the Township shall be on site throughout
the duration of the regulated activity.
[Amended 12-15-2014 by Ord. No. 424-14]
[Amended 12-15-2014 by Ord. No. 424-14]
The SWM site plan shall consist of a general description of the project, including items described in § 388-16, 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 SWM site plan materials shall be submitted to the Township in a format that is clear, concise, legible, neat, and well organized; otherwise, the SWM site plan shall not be accepted for review and shall be returned to the applicant. The following items shall be included in the SWM site plan:
A.
General:
(1)
A general description of the proposed project;
(2)
A listing of all regulatory approvals required for the proposed project
and the status of the review and approval process for each. Final
approval or adequacy letters must be submitted to the Township prior
to (or as a condition of) the Township's issuing final approval of
the SWM site plan. Proof of application or documentation of required
permit(s) or approvals for the programs listed below shall be part
of the SWM site plan, if applicable:
(3)
A statement, signed by the applicant, acknowledging that any revision
to the approved SWM site plan shall be submitted to and approved by
the Township, and that a revised erosion and sediment control plan
shall be submitted to, and approved by, the Conservation District
or Township (as applicable) for a determination of adequacy prior
to construction of the revised features;
(4)
The following signature block, signed and sealed by the qualified
licensed professional responsible for the preparation of the SWM site
plan:
[Amended 1-15-2018 by Ord. No. 433-18]
"I__________ (name), on this date _____ (date of signature), hereby certify to the best of my knowledge that the SWM site plan meets all design standards and criteria of Easttown Township Code Chapter 388, Stormwater Management." [Note: include signature, name, discipline of professional license, and license stamp or seal here.]
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(5)
The
following signature block for the Township:
[Added 10-17-2022 by Ord. No. 452-22]
"On behalf of Easttown Township, __________ (Township Engineer), on this date _____, has reviewed and hereby certifies to the best of my knowledge that the SWM site plan meets all design standards and criteria of Easttown Township Code Chapter 388, Stormwater Management.
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B.
Maps or plan sheets. Map(s) or plan sheets of the site shall be submitted on minimum twenty-four-inch by thirty-six-inch sheets and shall be prepared in a form that meets the requirements for recording at the Chester County Office of the Recorder of Deeds and the requirements of the operation and maintenance (O&M) plan and O&M agreement (Article VII). If the SALDO has additional or more stringent criteria than this chapter, then the SALDO criteria shall also apply. Unless otherwise approved by the Township Engineer, the contents of the maps or plan sheets shall include, but not be limited to:
(1)
A location map, with a scale of one inch equals 2,000 feet or greater,
showing the site location relative to highways, municipal boundaries,
or other identifiable landmarks.
(2)
The name of the project, tax parcel number(s), and the names, addresses
and phone numbers of the owner of the property, the applicant, and
firm preparing the plan.
(3)
Signature and seal of the qualified licensed professional(s) responsible
for preparation of the maps and plan sheets.
(4)
The date of SWM site plan submission and revision dates, as applicable.
(5)
A graphic and written scale of one inch equals no more than 50 feet.
(6)
A North arrow.
(7)
Legal property boundaries, including:
(a)
The total project property boundary and size with distances
marked to the nearest foot and bearings to the nearest degree.
(b)
Boundaries, size and description of purpose of all existing
easements and deed-restricted areas of the project property, with
distances marked to the nearest foot and bearings to the nearest degree.
(8)
Existing natural resources and natural or man-made hydrologic features
that are located within the site or receiving discharge from, or that
may otherwise be impacted by, the proposed regulated activity, including
but not limited to:
(a)
All existing natural resources, hydrologic features and drainage
patterns, including natural waterways, water bodies, wetlands, streams
(intermittent and perennial), ponds, lakes, vernal pools, etc., natural
infiltration areas and patterns, areas of significant natural evapotranspiration,
and other water features and aquatic resources.
(b)
Any existing man-made drainage features, BMPs, conveyances,
facilities, open channels, swales, drainage patterns, or other flood,
stormwater or drainage control features.
(c)
For the site, discharge points and locations of concentrated
flows and their drainage areas.
(d)
For named waters, show names and their watershed boundaries
within the site.
(f)
For the water bodies, streams and wetlands identified in Subsection B(8)(a), label or otherwise show the following attributes, if applicable:
[1]
The designated use as determined by PADEP (25 Pa. Code Chapter
93);
[2]
Impairments listed on the PADEP "Integrated List" (as updated)
and the listed source and cause of impairment;
[3]
Name, date, and target pollutant(s) for any approved total maximum
daily load (TMDL); and
[4]
Drainages to water supply reservoirs.
(g)
Areas that are part of the Pennsylvania Natural Diversity Inventory
(PNDI) and a list of potential impacts and clearances received (for
regulated activities involving one acre or more of proposed earth
disturbance).
(h)
Woods, vegetated riparian buffers and other areas of natural
vegetation.
(i)
Topography using contours (with elevations based on established
bench marks) at intervals of two feet. In areas of slopes greater
than 15%, five-foot contour intervals may be used. The datum used
and the location, elevation and datum of any bench marks used shall
be shown.
(j)
Areas classified by the Township as steep slopes.
(k)
Soil names and boundaries, general type of soils with hydrologic
soil group noted, and in particular note areas most conducive to infiltration
BMPs, such as groups A and B, etc., estimated permeabilities in inches
per hour, and location and other results of all soil tests and borings.
(l)
If present, areas with underlying carbonate geologic units,
existing sinkholes, subsidence or other karst features, and any associated
groundwater recharge areas with increased vulnerability to contamination.
(m)
Any contaminated surface or subsurface areas of the site.
(n)
Water supply wells:
[1]
Location of existing well(s) on the project property and delineation
of the(ir) recharge area(s) (if known), or a fifty-foot-diameter assumed
recharge area.
[2]
Location of existing well(s) within 50 feet beyond the boundary
of the project property boundary (if public water supply is proposed
for the regulated activity).
(o)
Curent one-hundred-year floodplain boundaries, elevations, and
floodway boundaries for any identified floodplain area on or within
100 feet of the property.
[Amended 5-15-2017 by Ord. No. 428-17]
(9)
Location of the proposed regulated activity, limits of earth disturbance (disturbed area), and BMPs and conveyances relative to the location of existing natural resources and hydrologic features and special management areas resulting from the site design process of § 388-16.
(10)
Description of existing and proposed ground cover and land use,
including the type and total area.
(11)
Existing and proposed man-made features, including roads, paved
areas, buildings, and other impervious and pervious surfaces on the
project property (or an appropriate portion of the property as determined
in consultation with the Township Engineer) and within the proposed
disturbed area, and including the type and total area of the following:
(a)
Existing impervious surfaces (must differentiate existing impervious
surfaces installed after November 18, 2013);
[Amended 10-17-2022 by Ord. No. 452-22]
(b)
Existing impervious surfaces proposed to be replaced;
(c)
Existing impervious surfaces to be permanently removed and replaced
with pervious ground cover;
(d)
New or additional impervious surfaces; and
(e)
Percent of the site covered by impervious surfaces for both
the existing and proposed post-construction conditions.
(12)
The total extent of the upstream area draining through the site.
(13)
All BMPs, conveyances and other stormwater management facilities
shall be located on the plan sheets, including design drawings, profile
drawings, construction details, materials to be used, description
of function, etc.
(14)
Complete delineation of the flow paths used for calculating
the time of concentration for the predevelopment and post-construction
conditions shall be included.
(15)
The locations of all existing and proposed utilities, sanitary
sewers, on-lot wastewater facilities (including subsurface tanks and
leach fields), and water supply lines within the site and within 50
feet beyond the proposed limits of earth disturbance.
(16)
A grading plan, including all areas of proposed earth disturbance
and the proposed regulated activity and delineating the boundary or
limits of earth disturbance of the site. The total disturbed area
of the site shall be noted in square feet and acres.
(17)
Proposed final grade elevations and contours at intervals of
two feet. In areas of steep slopes (greater than 15%), five-foot contour
intervals may be used.
(18)
For each proposed BMP and conveyance included in the SWM site
plan (including any to be located on any property other than the property
being developed by the applicant), the following shall be included
on the SWM site plan map or plan sheets:
(a)
Identification of the person responsible for ongoing inspections,
operation, repair, and maintenance of the BMP or conveyance after
completion of construction.
(b)
Delineation of the land area, structures, impervious surfaces,
and conveyances draining to and from the BMP or conveyance.
(c)
Easements, as per the requirements of Article VII, that shall include:
[1]
Boundaries labeled with distances shown in feet and bearings
to the nearest degree;
[2]
Notes or other documentation, as needed, to grant the Township
the right of access to all BMPs and conveyances for the purposes of
inspection and enforcement of the requirements of this chapter, and
any applicable O&M plans and O&M agreements;
[3]
Notes or other documentation, as needed, to grant the Township
the right of access to all roadways necessary to access all BMPs and
conveyances, where roadways are not to be dedicated to the Township;
[4]
Notes or other documentation as needed to grant the owner of
any BMP or conveyance the right of access for the purpose of inspection,
operation, maintenance, and repair of the BMP or conveyance that is
to be owned, operated and maintained by a person other than the Township
and other than the owner of the property on which the BMP or conveyance
is located;
[5]
A minimum twenty-foot-wide perimeter (or other width as determined
in consultation with the Township Engineer) around all BMPs and conveyances;
[6]
Sufficient vehicular ingress to and egress from a public right-of-way
or roadway, as determined in consultation with the Township Engineer;
and
(d)
Boundaries of land areas (if any) for which deed restrictions
are required for the purpose of protecting and prohibiting disturbance
to a BMP or conveyance, indicating the area to which the restriction
applies with distances shown in feet and bearings to the nearest degree,
and a written description of the type, purpose and nature of the restriction.
C.
A written description of the following information shall be included
in the SWM site plan:
(1)
Existing features, conditions, natural resources, hydrologic features, and special management areas [as listed in Subsection B(8)];
(2)
How the site design achieves the requirements of § 388-16, and if applicable, where they could not be achieved and why;
(4)
Proposed features and conditions, proposed erosion and sediment control
features, proposed BMPs, conveyances, and any other stormwater facilities;
(5)
A description of the effect of the project (in terms of flow alteration
and runoff volumes, water quality and peak flows, etc.) on existing
natural resources, hydrologic features and special management areas,
adjacent and downgradient properties, and any existing municipal or
other stormwater conveyance system(s) that may be affected by or receive
runoff from the regulated activity (whether located within or outside
of the area of the regulated activity), and specifics of how erosion,
water quality and flow impacts will be avoided or otherwise mitigated;
(6)
Proposed nonpoint source pollution controls and justification and
confirmation that the proposed project will not result in any increased
pollutant loadings to any existing stream or stream impairment identified
by PADEP or to any receiving water body;
(7)
Expected project time schedule; and
(8)
Description of construction stages or project phases, if so proposed.
(9)
A
detailed justification must be included in the SWM site plan if BMPs
other than green infrastructure methods, LID practices, or CD are
proposed to achieve the volume, rate, and water quality controls under
this chapter.
[Added 10-17-2022 by Ord. No. 452-22]
E.
Stormwater runoff design computations and documentation, such as hydrologic, hydraulic, and structural computations, assumptions, BMP loading ratios, etc., consistent with the guidelines and criteria presented in the PA BMP Manual (as amended) or other guidance acceptable to the Township Engineer, and used in the design of the BMPs, conveyances and other features proposed to be utilized for stormwater management, or as otherwise necessary to demonstrate that the requirements of this chapter have been met, specifically including the requirements in §§ 388-13 and 388-16 through 388-21.
F.
Inspections, operation and maintenance requirements. The following documents shall be prepared and submitted to the Township for review and approval as part of the SWM site plan, in accordance with the requirements of Article VII, for each BMP and conveyance included in the SWM site plan (including any to be located on any property other than the property being developed by the applicant):
(1)
An O&M plan;
(2)
An O&M agreement;
(3)
Any easement agreements that are needed to ensure access, inspection,
maintenance, operation, repair and permanent protection of any permanent
BMP(s) and conveyances associated with the regulated activity;
(4)
Any written deed, deed amendment or equivalent document (if needed)
to be recorded against a subject property, as shown on the SWM site
plan maps or plan sheets, or recorded plan sheets for the purpose
of protecting and prohibiting disturbance to a BMP or conveyance;
and
G.
An erosion and sediment control plan, where applicable, as prepared
for and submitted to the Conservation District and/or Township. A
letter of adequacy from the Conservation District, if applicable,
must be submitted to the Township prior to (or as a condition of)
the Township's final approval of the SWM site plan.
H.
A highway occupancy permit from the Pennsylvania Department of Transportation
(PennDOT) District Office must be submitted to the Township prior
to (or as a condition of) the Township's final approval of the SWM
site plan when utilization of a PennDOT stormwater management system
is proposed.
[Amended 12-15-2014 by Ord. No. 424-14]
A complete SWM site plan that complies with all applicable provisions of § 388-25 shall be submitted to the Township for review and approval, as follows:
A.
The SWM site plan shall be coordinated with the applicable state
and federal permit process and the Township SALDO review process.
All permit approvals or letters of adequacy not yet received by the
applicant at the time of submittal of the SWM site plan to the Township
must be submitted to the Township prior to (or as a condition of)
the Township's final approval of the SWM site plan.
B.
For projects that require SALDO approval, the SWM site plan shall
be submitted by the applicant as part of the preliminary plan submission
where applicable for the regulated activity.
C.
For regulated activities that do not require SALDO approval, the
SWM site plan shall be submitted by the applicant for review in accordance
with instructions from the Township.
D.
The number of copies of the SWM site plan to be submitted by the
applicant for review shall be in accordance with instructions from
the Township.
E.
The corresponding review fee shall be submitted to the Township simultaneously
with the SWM site plan, per the Township's fee schedule.
A.
The SWM site plan shall be submitted to the Township for review by
the Township Engineer for consistency with this chapter and the respective
PA Act 167 stormwater management plan(s). The Township Engineer will
review the SWM site plan for any subdivision or land development for
compliance with this chapter and the Township SALDO provisions not
otherwise superseded by this chapter.
[Amended 12-15-2014 by Ord. No. 424-14]
B.
If applicable, the applicant shall have received a letter of adequacy
from the Conservation District or other PADEP approval for the proposed
regulated activity prior to (or as a condition of) final approval
by the Township.
[Amended 12-15-2014 by Ord. No. 424-14]
C.
The Township Engineer will notify the applicant and the Township
in writing, within 45 calendar days, whether the SWM site plan is
consistent with the requirements of this chapter. If the SWM site
plan involves a subdivision and land development plan, the notification
shall occur within the time period allowed by the MPC (as amended).
If a longer notification period is provided by other statute, regulation,
or ordinance, the applicant will be so notified by the Township.
[Amended 12-15-2014 by Ord. No. 424-14]
(1)
The Township Engineer may approve the SWM site plan with conditions
reasonably defined to make the SWM site plan compliant with the terms
of this chapter and, if so, shall provide the conditions for approval
in writing.
(2)
If the Township Engineer disapproves the SWM site plan, the Township Engineer will forward a letter or e-mail to the applicant, with a copy to the Township, citing the reason(s) and specific chapter sections for the disapproval. Disapproval may be due to inadequate information to make a reasonable judgment as to compliance with this chapter. Any SWM site plans that are disapproved may be revised by the applicant and resubmitted in accordance with § 388-29. Resubmission will commence a new Township review and notification time period.
D.
The Township will not grant final approval to any proposed subdivision,
land development, or regulated activity specified in this chapter
unless the SWM site plan has been approved by the Township Engineer.
[Amended 12-15-2014 by Ord. No. 424-14]
E.
All required permits from PADEP shall be obtained and submitted to
the Township prior to (or as a condition of) final approval of any
proposed subdivision, land development, or other regulated activity
by the Township.
[Amended 12-15-2014 by Ord. No. 424-14]
F.
No building permits for any regulated activity will be approved by
the Township unless the SWM site plan has been approved by the Township
Engineer. All required permits from PADEP shall be obtained prior
to issuance of a building permit.
[Amended 12-15-2014 by Ord. No. 424-14]
G.
The Township Engineer's approval of a SWM site plan shall be valid for a period not to exceed five years commencing on the date that the Township approved the SWM site plan. If stormwater management facilities included in the approved SWM site plan have not been constructed or, if constructed, as-built plans of these facilities have not been approved within this five-year time period, then the applicant may seek reinstatement of approval of the expired SWM site plan. If the Township determines that the expired SWM site plan is consistent and compliant with current regulations and requirements, then the expired SWM site plan will be reinstated; otherwise, it will be rejected. The applicant will be prohibited from conducting any regulated activity until a reinstated or newly approved SWM site plan is obtained in accordance with § 388-29 of this chapter.
[Amended 12-15-2014 by Ord. No. 424-14]
H.
All or portions of the final approved SWM site plan shall be recorded
(as record plans) per the instructions of the Township.
[Amended 12-15-2014 by Ord. No. 424-14]
I.
Upon completion of construction, the applicant shall be responsible for completing final as-built plans of all BMPs, conveyances, or other stormwater management facilities included in the approved SWM site plan as per the requirements of § 388-31 of this chapter.
J.
For any
SWM site plan that proposes to use any BMPs other than green infrastructure,
LID practices, or CD to achieve the volume and rate controls required
under this chapter, the Township will not approve the SWM site plan
unless it determines that green infrastructure, LID practices, and
CD are not practicable.
[Added 10-17-2022 by Ord. No. 452-22]
A.
A submitted SWM site plan under review by the Township shall be revised
and resubmitted for any of the following reasons:
[Amended 12-15-2014 by Ord. No. 424-14]
(1)
A change in stormwater management BMPs, conveyances, facilities or
techniques;
(2)
Relocation or redesign of stormwater management BMPs, conveyances,
or facilities; or
(3)
Soil or other site conditions are not as stated on the SWM site plan
as determined by the Township Engineer, and the new conditions necessitate
design changes.
C.
A revision to an approved SWM site plan shall be submitted to the
Township, accompanied by the applicable Township review fee.
[Amended 12-15-2014 by Ord. No. 424-14]
[Amended 12-15-2014 by Ord. No. 424-14]
Any SWM site plan deemed disapproved may be revised and resubmitted with the revisions addressing the Township Engineer's concerns documented in writing. The submission shall be addressed to the Township in accordance with § 388-26 of this chapter, distributed accordingly, and be subject to review as specified in § 388-27 of this chapter. The applicable Township review fee shall accompany a resubmission of a SWM site plan previously determined to be disapproved.