[Ord. 1141, 10/11/2012]
For any of the activities regulated by this chapter, the preliminary
or final approval of subdivision and/or land development plans, the
issuance of any building or occupancy permit, or the commencement
of any earth disturbance activity may not proceed until the property
owner or applicant or his/her agent has received written approval
of a drainage plan from the Shillington Borough Council, unless the
project qualifies for an exemption from the requirements to submit
a drainage plan.
[Ord. 1141, 10/11/2012]
1.
General Exemptions. The following land use activities are exempt
from the drainage plan submission requirements of this chapter.
A.
Use of land for gardening for home consumption.
B.
Agricultural plowing and tilling are exempt from the rate control
and SWM site plan preparation requirements of this chapter, provided
the activities are performed according to the requirements of 25 Pa.
Code, Chapter 102.
C.
Forest management and timber operations are exempt from the rate
control and SWM site plan preparation requirements of this chapter,
provided the activities are performed according to the requirements
of 25 Pa. Code, Chapter 102.
2.
Stormwater Quantity Control Exemption.
A.
Any regulated activity that meets the impervious area exemption criteria in Table 402-1 shall not be required to implement the stormwater quantity controls, specified in § 19-308 of this chapter. These criteria shall apply to the total development even if development is to take place in phases. The date of the municipal ordinance adoption shall be the starting point from which to consider tracts as "parent tracts" in which future subdivisions and respective impervious area computations shall be cumulatively considered. Impervious areas existing on the "parent tract" prior to adoption of this chapter shall not be considered in cumulative impervious area calculations for exemption purposes.
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Table 402-1
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Impervious Area Exemption Criteria
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Total Parcel Size
(acres)
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Impervious Area Exemption
(square feet)
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0 to < 0.125
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1,000
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0.125 to < 0.5
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2,500
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0.5 to < 1
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5,000
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1 to < 2
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7,500
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2 to < 3
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10,000
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3 to < 4
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12,500
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> 4
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15,000
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B.
Submissions for projects that utilize the exemption under Subsection 2A shall still be required to meet the groundwater recharge (§ 19-305), water quality (§ 19-306), and streambank erosion (§ 19-307) controls of this chapter. Drainage plans in accordance with § 19-403, Subsection 2A(2), B(7), (8), (11), (15), and (22), and D(2), must still be submitted. Any exemption must first be approved by the Shillington Borough Council.
3.
Additional Exemption Requirement:
A.
Exemption responsibilities. An exemption shall not relieve the applicant
from implementing such measures as are necessary to protect the public
health, safety, and property. An exemption shall not relieve the applicant
from providing adequate stormwater management for regulated activities
to meet the requirements of this chapter.
B.
HQ and EV Streams. This exemption shall not relieve the applicant from meeting the special requirements for watersheds draining to high-quality (HQ) or exceptional-value (EV) waters, identified and source water protection areas (SWPA) and requirements for nonstructural project design sequencing (§ 19-304), groundwater recharge (§ 19-305), water quality (§ 19-306), and streambank erosion (§ 19-307).
C.
Drainage Problems.
(1)
If a drainage problem is documented or known to exist downstream
of, or expected from, the proposed activity, then the Borough of Shillington
may require a drainage plan submittal.
(2)
All regulated activities occurring in drainage areas tributary
to waters designated HQ/EV pursuant to 25 Pa. Code, Chapter 93, shall
not change any biological, chemical, or physical characteristics,
including volume, rate, velocity, course, current, cross section,
or temperature of the waters, unless the activity is specifically
permitted in accordance with the environmental laws of the commonwealth.
[Ord. 1141, 10/11/2012]
1.
The drainage plan shall consist of a general description of the project, including sequencing items described in § 19-304, 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 drainage plan materials shall be submitted to the Borough of Shillington in a format that is clear, concise, legible, neat, and well organized; otherwise, the drainage plan shall not be accepted for review and shall be returned to the applicant.
2.
The following items shall be included in the drainage plan:
A.
General.
(2)
General description of permanent stormwater management techniques,
including construction specifications of the materials to be used
for stormwater management facilities.
(3)
Complete hydrologic, hydraulic, and structural computations
for all stormwater management facilities.
(4)
An erosion and sediment control plan, including all reviews
and approvals by the Conservation District.
(5)
A general description of non-point-source pollution controls.
(6)
Regulated activities that create disconnected impervious areas
smaller than 500 square feet are exempt from the peak rate control
and the SWM site plan preparation requirements of this chapter.
B.
Maps. Map(s) of the project area shall be submitted on twenty-four-inch
by thirty-six-inch sheets and/or shall be prepared in a form that
meets the requirements for recording at the offices of the Recorder
of Deeds of Berks County. If the Subdivision and Land Development
Ordinance (SALDO) has more-stringent criteria, then the more-stringent
criteria shall apply. The contents of the map(s) shall include, but
not be limited to:
(1)
The location of the project relative to highways, municipalities
or other identifiable landmarks.
(2)
Existing contours at intervals of two feet. In areas of steep
slopes (greater than 15%), five-foot contour intervals may be used.
(3)
Existing streams, lakes, ponds or other waters of the commonwealth
within the project area.
(4)
Other physical features, including flood hazard boundaries,
stream buffers, existing drainagecourses, areas of natural vegetation
to be preserved, and the total extent of the upstream area draining
through the site.
(5)
The locations of all existing and proposed utilities, sanitary
sewers, and water lines within 50 feet of property lines.
(6)
An overlay showing soil names and boundaries.
(7)
Limits of earth disturbance, including the type and amount of
impervious area that would be added.
(8)
Proposed structures, roads, paved areas, and buildings.
(9)
Final contours at intervals of two feet. In areas of steep slopes
(greater than 15%), five-foot contour intervals may be used.
(10)
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.
(11)
The date of submission.
(12)
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.
(13)
A North arrow.
(14)
The total tract boundary and size, with distances marked to
the nearest foot and bearings to the nearest degree.
(15)
Existing and proposed land use(s).
(16)
A key map showing all off-site existing man-made features which
may be affected by stormwater runoff or stormwater management controls
for the project.
(17)
Location of all open channels.
(18)
Overland drainage patterns and swales.
(19)
A fifteen-foot-wide access easement around all stormwater management
facilities that would provide ingress to and egress from a public
right-of-way.
(20)
The location of all erosion and sediment control facilities.
(21)
A note on the plan indicating the location and responsibility
for maintenance of stormwater management facilities that would be
located on/off-site. All on/off-site facilities shall meet the performance
standards and design criteria specified in this chapter.
(22)
A statement, signed by the landowner, acknowledging that any
revision to the approved drainage plan must be approved by the Shillington
Borough Council and the Conservation District.
(23)
The following signature block for the design engineer:
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I, (design engineer), on this date (date of signature), hereby
certify that the drainage plan meets all design standards and criteria
of the Schuylkill River Watershed Act 167 Stormwater Management Ordinance."
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C.
Supplemental Information.
(1)
A written description of the following information shall be
submitted:
(2)
An erosion and sediment control plan.
(3)
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.
D.
Stormwater Management Facilities.
(1)
All stormwater management facilities must be located on a plan,
described in detail, and details/cross sections provided illustrating
their construction.
(2)
Profiles shall be provided for all storm sewers and underground
detention/retention facilities at one of the following sets of scales:
(a)
One inch equals 10 feet horizontal and one inch equals one foot
vertical; or
(b)
One inch equals 20 feet horizontal and one inch equals two feet
vertical; or
(c)
One inch equals 40 feet horizontal and one inch equals four
feet vertical; or
(d)
One inch equals 50 feet horizontal and one inch equals five
feet vertical.
(3)
When infiltration facilities such as seepage pits, beds or trenches
are used, the locations of existing and proposed septic tank infiltration
areas and wells must be shown.
(4)
All calculations, assumptions, and criteria used in the design
of the stormwater management facilities must be shown.
E.
Responsibilities for Operation and Maintenance of Stormwater Controls
and BMPs.
(1)
No regulated earth disturbance activities within Borough of
Shillington shall commence until approval by Borough of Shillington
of a stormwater control and BMP operations and maintenance plan which
describes how the permanent (e.g., post-construction) stormwater controls
and BMPs will be properly operated and maintained.
(2)
The following items shall be included in the stormwater control
and BMP operations and maintenance plan:
(a)
Map(s) of the project area, in a form that meets the requirements
for recording at the offices of the Recorder of Deeds of Berks County,
and shall be submitted on twenty-four-inch by thirty-six-inch or thirty-six-inch
by forty-eight-inch sheets. The contents of the maps(s) shall include,
but not be limited to:
1)
Clear identification of the location and nature of permanent
stormwater controls and BMPs.
2)
The location of the project site relative to highways, municipal
boundaries or other identifiable landmarks.
3)
Existing and final contours at intervals of two feet, or others
as appropriate.
4)
Existing streams, lakes, ponds, or other bodies of water within
the project site area.
5)
Other physical features, including flood hazard boundaries,
sinkholes, streams, existing drainagecourses, and areas of natural
vegetation to be preserved.
6)
The locations of all existing and proposed utilities, sanitary
sewers, and water lines within 50 feet of property lines of the project
site.
7)
Proposed final changes to the land surface and vegetative cover,
including the type and amount of impervious area that would be added.
8)
Proposed final structures, roads, paved areas, and buildings.
9)
A fifteen-foot-wide access easement around all stormwater controls
and BMPs that would provide ingress to and egress from a public right-of-way.
(b)
A description of how each permanent stormwater control and BMP
will be operated and maintained and the identity of the person(s)
responsible for operations and maintenance.
(c)
The name of the project site, the name and address of the owner
of the property, and the name of the individual or firm preparing
the plan.
(d)
A statement, signed by the landowner, acknowledging that the
stormwater controls and BMPs are fixtures that can be altered or removed
only after approval by the Borough of Shillington.
(3)
The stormwater control and BMP operations and maintenance plan
for the project site shall establish responsibilities for the continuing
operation and maintenance of all permanent stormwater controls and
BMPs, as follows:
(a)
If a plan includes structures or lots which are to be separately
owned and in which streets, sewers and other public improvements are
to be dedicated to the Borough of Shillington, stormwater controls
and BMPs may also be dedicated to and maintained by Borough of Shillington.
(b)
If a plan includes operations and maintenance by a single ownership,
or if sewers and other public improvements are to be privately owned
and maintained, then the operation and maintenance of stormwater controls
and BMPs shall be the responsibility of the owner or private management
entity.
(4)
The Borough of Shillington shall make the final determination
on the continuing operations and maintenance responsibilities. The
Borough of Shillington reserves the right to accept or reject the
operations and maintenance responsibility for any or all of the stormwater
controls and BMPs.
F.
Borough of Shillington Review of Stormwater Control and BMP Operations
and Maintenance Plan.
(1)
The Borough Engineer shall review the stormwater control and
BMP operations and maintenance plan for consistency with the purposes
and requirements of this chapter and any permits issued by the DEP.
(2)
The Borough of Shillington shall notify the applicant in writing
whether the stormwater control and BMP operations and maintenance
plan is approved.
(3)
The Borough of Shillington may require a "record drawing" of
all stormwater controls and BMPs and an explanation of any discrepancies
with the operations and maintenance plan.
[Ord. 1141, 10/11/2012]
1.
The Borough of Shillington shall require receipt of a complete plan,
as specified in this chapter.
2.
For any activities that require an NPDES permit for stormwater discharges
from construction activities, a PaDEP joint permit application, a
PennDOT highway occupancy permit, or any other permit under applicable
state or federal regulations or which are regulated under Chapter
105 (Dam Safety and Waterway Management) or Chapter 106 (Floodplain
Management) of PaDEP's Rules and Regulations, the proof of application
for said permit(s) or approvals shall be part of the plan. The plan
shall be coordinated with the state and federal permit process and
the municipal SALDO review process.
A.
For projects which require SALDO approval, the drainage plan shall
be submitted by the applicant as part of the preliminary plan submission
where applicable for the regulated activity.
B.
For these regulated activities that do not require SALDO approval, see § 19-401, General Requirements.
C.
Six copies of the drainage plan shall be submitted and distributed
as follows:
[Ord. 1141, 10/11/2012]
1.
The Borough Engineer shall review the drainage plan with the standards
set forth in this chapter for consistency with the adopted Schuylkill
River Watershed Act 167 Stormwater Management Plan. Any found incomplete
shall not be accepted for review and shall be returned to the applicant.
2.
For activities regulated by this chapter, the Borough Engineer shall
notify the applicant and the Borough of Shillington, in writing, within
90 calendar days, whether the drainage plan is consistent with the
Stormwater Management Plan.
A.
Should the drainage plan be determined to be consistent with the
Stormwater Management Plan, the Borough Engineer shall forward an
approval letter to the Municipal Secretary, who will then forward
a copy to the applicant.
B.
Should the drainage plan be determined to be inconsistent with the
Stormwater Management Plan, the Borough Engineer shall forward a disapproval
letter to the Municipal Secretary, who will then forward a copy to
the applicant. The disapproval letter shall cite the reason(s) and
specific ordinance sections for the disapproval. Disapproval may be
due to inadequate information to make a reasonable judgment as to
compliance with the Stormwater Management Plan. Any disapproved drainage
plans may be revised by the applicant and resubmitted consistent with
this chapter.
3.
For regulated activities specified in § 19-105 of this chapter, which require a building permit, the Borough Engineer shall notify the Municipal Building Permit Officer in writing, within a time frame consistent with the Municipal Building Code and/or Municipal Subdivision Ordinance, whether the drainage plan is consistent with the Stormwater Management Plan and forward a copy of the approval/disapproval letter to the applicant. Any disapproved drainage plan may be revised by the applicant and resubmitted consistent with this chapter.
4.
For regulated activities under this chapter that require an NPDES
permit application, the applicant shall forward a copy of the Borough
Engineer's letter stating that the drainage plan is consistent
with the stormwater management plan to the Conservation District.
PaDEP and the Conservation District may consider the Borough Engineer's
review comments in determining whether to issue a permit.
5.
The Borough of Shillington shall not grant approval or grant preliminary approval to any subdivision or land development for regulated activities specified in § 19-105 of this chapter if the drainage plan has been found to be inconsistent with the Stormwater Management Plan, as determined by the Borough Engineer. All required permits from PaDEP must be obtained prior to approval of any subdivision or land development.
6.
The applicant shall be responsible for completing record drawings
of all stormwater management facilities included in the approved drainage
plan. The record drawings and an explanation of any discrepancies
with the design plans shall be submitted to the Borough Engineer for
final approval. The Borough of Shillington may withhold approval of
the record drawings until the Borough of Shillington receives a copy
of an approved highway occupancy permit from the PennDOT district
office, NPDES permit, and any other applicable permits or approvals,
from PaDEP or the Conservation District. The above permits and approvals
must be based on the record drawings.
7.
The Shillington Borough Council's approval of a drainage plan shall be valid for a period not to exceed five years, commencing on the date that the Shillington Borough Council signs the approved drainage plan. If stormwater management facilities included in the approved drainage plan have not been constructed, or if constructed, and record drawings of these facilities have not been approved within this five-year time period, then the Borough of Shillington may consider the drainage plan disapproved and may revoke any and all permits. Drainage plans that are considered disapproved by the Borough of Shillington shall be resubmitted in accordance with § 19-407 of this chapter.
[Ord. 1141, 10/11/2012]
1.
A modification to a drainage plan under review by the Borough of Shillington 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 drainage plan as determined by the Borough Engineer, shall require a resubmission of the modified drainage plan consistent with § 19-404 of this chapter and be subject to review as specified in § 19-405 of this chapter.
2.
A modification to an already approved or disapproved drainage plan
shall be submitted to the Borough of Shillington, accompanied by the
applicable municipal review and inspection fee. A modification to
a drainage plan for which a formal action has not been taken by the
Shillington Borough Council shall be submitted to the Borough of Shillington,
accompanied by the applicable municipal review and inspection fee.
[Ord. 1141, 10/11/2012]
A disapproved drainage plan may be resubmitted, with the revisions addressing the Borough Engineer's concerns documented in writing and addressed to the Municipal Secretary in accordance with § 19-404 of this chapter and distributed accordingly and shall be subject to review as specified in § 19-405 of this chapter. The applicable municipal review and inspection fee must accompany a resubmission of a disapproved drainage plan.
