A.
Before submitting the stormwater plan, applicants are urged to consult
with the Township on the applicable regulations and techniques for
safely managing runoff from the development site. The Township may
also be helpful in providing necessary data for the stormwater management
plan.
B.
Applicants are encouraged to submit a sketch plan with a narrative
description of the proposed stormwater management controls for general
guidance and discussion with the Township and other agencies.
C.
The preapplication phase is not mandatory. Any review comments provided
by the Township are advisory only and do not constitute any legally
binding action on the part of the Township.
A.
Notification of affected municipalities. The developer is required to notify municipalities immediately downstream of the development site that a stormwater control plan has been submitted. Copies of the plans will be made available to the municipalities upon request. Comments received from any affected municipality will be considered by the Township Engineer and county agencies in their reviews. Prior to first consideration of the plan or the development plan to which it pertains, the developer must submit to the Township Engineer proof that required notice to downstream municipalities has been given. See § 116-28B(10)(g).
B.
Engineer's review.
(1)
Stormwater management plans submitted to the Township shall be referred
to a consulting engineer to be selected by the Board of Supervisors
for review of submitted plans and issuance of written reports and
certifications required under this subsection, unless the Board of
Supervisors, upon approval of the first plan application, should otherwise
direct. Where plan applications and reports are referred to the retained
firm, "Township Engineer" shall mean the engineer or firm retained
by the Township to review submitted plans and reports.
(2)
The Township's engineer shall review the SWM site plan and report
for consistency with the purposes, requirements and intent of this
chapter and recommend approval or disapproval of the stormwater management
plan based on the requirements of the Township's ordinances,
the standards and criteria of the watershed plan and good engineering
practice. The engineer shall submit a written report, along with supporting
documentation, stating reasons for approval or disapproval.
(3)
All fees and costs associated with such reviews, inspections, administration,
reports and related services shall be paid by the applicant and deemed
plan application, review, inspection and administration fees. The
Board of Supervisors shall, by resolution adopted from time to time,
establish a schedule of such fees and the manner of their prepayment
by the applicant. All such fees shall be paid or deposited prior to
recordation of the subdivision or land development plat to which it
pertains.
(4)
The Board of Supervisors by resolution shall establish procedures
and policies governing such reviews, which shall address prohibitions
against conflicts of interest, identify those engineers eligible for
referrals, and establish the process for referral of proposed plans
to an engineer retained by the Township.
(5)
Permits required from other governmental agencies. Where the proposed
development requires an obstruction permit from the Pennsylvania DEP
or an erosion/sedimentation permit from the County Conservation District,
final stormwater management plan approval shall be granted subject
to the receipt of such permits. No building permit shall be issued,
nor construction started, until the permits are received and copies
filed with the Township.
(6)
The Township 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 Township may disapprove the
submission and require a resubmission, or in the case of minor deficiencies,
the Township may accept submission of modifications.
(7)
The Township shall notify the applicant in writing within 45 calendar days after the Township Engineer's receipt of a complete SWM site plan and report 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. Computation of review time shall not commence until the day on which a complete SWM site plan and report meeting requirements of Article VI have been submitted.
C.
Engineering certification. The engineer reviewing stormwater management
applications and submitting recommendations thereon to the Board of
Supervisors shall certify that any application recommended for approval
meets all requirements of the Storm Water Management Act,[1] this chapter and other applicable laws, ordinances and
regulations. If a review indicates that all requirements have not
been met, the engineer shall in writing identify deficiencies and
recommend the corrective measures needed to ensure compliance.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
D.
Approvals conditioned on SWM site plan and report approval. The Township shall not issue a zoning, construction or other permit for any regulated activity, nor shall it allow recordation of any approved subdivision, land development or other plan until the Township's Engineer has issued its written certification that the submitted SWM site plan and report meet all requirements of this chapter. All required permits from PaDEP must have been obtained prior to issuance of a Township zoning or construction permit. See also § 116-41D pertaining to recording of documents after approval.
A.
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 Township, shall require a resubmission of the modified SWM site
plan in accordance with this chapter.
B.
If the request for a plan modification is initiated before construction
begins, the SWM site plan and report must be resubmitted and reviewed
according to the procedures contained in this article.
C.
If the request for a plan modification is initiated after construction is underway, the engineer who reviewed the original plan shall recommend approval or disapproval of the modification based on field inspection provided: the requested changes in stormwater controls do not result in any modifications to other approved Township land use/development requirements (e.g., building setbacks, yards, etc.); and the performance standards in Article III of this chapter are met. Notification of the engineer's action shall be sent to the Board of Supervisors, which may issue a stay of the plan modification within 14 days and require the permittee to resubmit the plan modification for full stormwater plan review in accordance with the procedures contained in this article.
D.
The applicant shall be responsible for payment of all fees and costs
incurred as a consequence of review, approval and/or inspection of
a plan modification.
A.
Upon final stormwater plan approval, receipt of all necessary permits,
and recording of the final subdivision or land development plan in
the Erie County Recorder of Deeds Office, the applicant may commence
to install or implement the approved stormwater management controls
and engage in the regulated activities contained in the SWM site plan.
B.
The Township's approval of a SWM site plan and report authorizes
the regulated activities contained in the SWM site plan for a period
of five years following the date of approval (the date the Township
signs the approval for the SWM site plan), provided that:
(1)
If site development or building construction does not begin within
two years of the date of final approval of the SWM site plan and report,
then before doing so, the applicant shall resubmit the SWM site plan
and report to verify that no condition has changed within the watershed
that would affect the feasibility or effectiveness of the previously
approved stormwater management controls.
(2)
If for any reason development activities are suspended for two years
or more, then the same requirement for resubmission of the stormwater
management plan shall apply.
(3)
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 five years after the date
of approval, then the Township shall consider the SWM site plan disapproved
and shall revoke any and all permits or approvals, without any prior
notice to the applicant being required.
(4)
An Applicant's failure to commence and/or complete required
activities within the time periods required in this section shall
constitute a default of said applicant's obligations under applicant's
developer's agreement with the Township, and shall entitle the
Township to exercise rights against financial security to secure completion
of said improvements.
A.
The applicant shall be responsible for providing record drawings
of all stormwater BMPs included in the approved SWM site plan. The
record drawing and an explanation of any discrepancies with the approved
SWM site plan shall be submitted to the Township as a prerequisite
for the release of financial security for completion of required improvements
and/or issuance of an occupancy certificate.
B.
The record drawing shall include a certification of completion signed
by a professional engineer verifying that all permanent stormwater
BMPs have been constructed according to the approved SWM site plan
and report.
(1)
Drawings shall show all approved revisions and elevations and inverts
to all manholes, inlets, pipes and stormwater control facilities.
(2)
Submission shall include a comparison of the constructed stage-storage
(volume versus elevation) of all aboveground and below-ground stormwater
storage facilities to the approved design.
(3)
After receipt of the record drawing and certification of completion
by the Township, the Township shall conduct a final inspection.
A stormwater management plan is intended under this chapter
as a developer's means of meeting the developer's obligations
under the Storm Water Management Act.[1] Neither the Township's approval of a submitted plan
nor any subsequent acceptance of dedication shall relieve the developer
of his/her/its obligation to control stormwater from the development
as is established in the Act.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
