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 Township of Muhlenberg Board of Commissioners,
unless the project qualifies for an exemption from the requirements
to submit a drainage plan.
A.
General exemptions.
The following land use activities are exempt from the drainage plan
submission requirements of this chapter.
(1)
Use of land
for gardening for home consumption.
(2)
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.
(3)
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.
B.
Stormwater quantity
control exemption.
(1)
Any regulated activity that meets the impervious area exemption criteria in Table 297-22-1 shall not be required to implement the stormwater quantity controls specified in § 297-18 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.
Table 297-22-1
Impervious Area Exemption Criteria
| |
---|---|
Total Parcel Size
(acres)
|
Impervious Area Exemption
(square feet)
|
0 to less than 0.125
|
1,000
|
0.125 to less than 0.5
|
2,500
|
0.5 to less than 1
|
5,000
|
1 to less than 2
|
7,500
|
2 to less than 3
|
10,000
|
3 to less than 4
|
12,500
|
4 or more
|
15,000
|
(2)
Submissions for projects that utilize the exemption under § 297-22B shall still be required to meet the groundwater recharge (§ 297-15), water quality (§ 297-16), and stream bank erosion (§ 297-17) controls of this chapter. Drainage plans in accordance with §§ 297-23A(2), 297-23B(7), (8), (11), (15) and (22) and 297-23D(2) must still be submitted. Any exemption must first be approved by the Commissioners of the Township of Muhlenberg with recommendation by the Planning Commission.
C.
Additional exemption
requirement:
(1)
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.
(2)
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 (§ 297-14), groundwater recharge (§ 297-15), water quality (§ 297-16), and stream bank erosion (§ 297-17).
(3)
Drainage
problems.
(a)
If a drainage
problem is documented or known to exist downstream of or expected
from the proposed activity, then the Township of Muhlenberg may require
a drainage plan submittal.
(b)
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.
The drainage plan shall consist of a general description of the project, including sequencing items described in § 297-14, 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 Township of Muhlenberg 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. 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 nonpoint source pollution controls.
(6)
Impervious
areas smaller than 1,000 square feet are exempt from the peak rate
control and the SWM site plan preparation requirement of this chapter.
[Amended 12-17-2012 by Ord. No. 518]
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)[1] 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 waterlines
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 Commissioners of the Township
of Muhlenberg and the Conservation District.
(23)
The following
signature block for the design engineer:
"I, (Design Engineer), on this date (date of
signature), hereby certify that the Drainage Plan meets all design
standards and criteria of the Township of Muhlenberg Stormwater Management
Ordinance."
|
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 operations and maintenance of stormwater controls and BMPs.
(1)
No regulated
earth disturbance activities within the Township of Muhlenberg shall
commence until approval by the Township of Muhlenberg 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 waterlines 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; and
[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; and
(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 Commissioners of the Township of Muhlenberg.
(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 Township of Muhlenberg, stormwater controls and BMPs may also
be dedicated to and maintained by the Township of Muhlenberg.
(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 Commissioners
of the Township of Muhlenberg shall make the final determination on
the continuing operations and maintenance responsibilities. The Township
of Muhlenberg reserves the right to accept or reject the operations
and maintenance responsibility for any or all of the stormwater controls
and BMPs.
F.
Township of Muhlenberg
review of stormwater control and BMP operations and maintenance plan.
(1)
The Township
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 DEP.
(2)
The Township
of Muhlenberg shall notify the applicant in writing whether the stormwater
control and BMP operations and maintenance plan is approved.
(3)
The Township
of Muhlenberg may require a record drawing of all stormwater controls
and BMPs, and an explanation of any discrepancies with the operations
and maintenance plan.
A.
The Township
of Muhlenberg shall require receipt of a complete plan, as specified
in this chapter.
B.
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 are regulated under Chapter 105 (Dam Safety and Waterway Management)
or Chapter 106 (Floodplain Management) of Title 25, 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.
C.
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.
D.
For these regulated activities that do not require SALDO approval, see § 297-21, Approval of plan required.
E.
Six copies of
the drainage plan shall be submitted and distributed as follows:
A.
The Township
Engineer shall review the drainage plan with the standards set forth
in the Township of Muhlenberg's
Stormwater Management Ordinance for consistency with the adopted Schuylkill
River Watershed Act 167 Stormwater Management Plan and the Maiden
Creek Watershed Act 167 Stormwater Management Plan. Any found incomplete
shall not be accepted for review and shall be returned to the applicant.
B.
For activities
regulated by this chapter, the Township Engineer shall notify the
applicant and the Township of Muhlenberg in writing, within 90 calendar
days, whether the drainage plan is consistent with the stormwater
management plan.
(1)
Should the
drainage plan be determined to be consistent with the stormwater management
plan, the Township Engineer shall forward an approval letter to the
Township Planning Secretary, who will then forward a copy to the applicant.
(2)
Should the
drainage plan be determined to be inconsistent with the stormwater
management plan, the Township 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.
C.
For regulated activities specified in § 297-4 of this chapter, which require a building permit, the Township 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.
D.
For regulated
activities under this chapter that require an NPDES permit application,
the applicant shall forward a copy of the Township Engineer's letter
stating that the drainage plan is consistent with the stormwater management
plan to the Conservation District. The PADEP and the Conservation
District may consider the Township Engineer's review comments in determining
whether to issue a permit.
E.
The Township of Muhlenberg shall not grant approval or grant preliminary approval to any subdivision or land development for regulated activities specified in § 297-4 of this chapter if the drainage plan has been found to be inconsistent with the stormwater management plan, as determined by the Township Engineer. All required permits from PADEP must be obtained prior to approval of the final subdivision or land development plan.
F.
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 Township Engineer for final approval.
The Township of Muhlenberg may withhold approval of the record drawings
until the Township of Muhlenberg 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.
G.
The approval of a drainage plan by the Commissioners of the Township of Muhlenberg shall be valid for a period not to exceed five years, commencing on the date that the Commissioners of the Township of Muhlenberg sign 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 Township of Muhlenberg may consider the drainage plan disapproved and may revoke any and all permits. Drainage plans that are considered disapproved by the Township of Muhlenberg shall be resubmitted in accordance with § 297-27 of this chapter.
A.
A modification to a drainage plan under review by the Township of Muhlenberg 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 Township Engineer, shall require a resubmission of the modified drainage plan consistent with § 297-24 of this chapter and be subject to review as specified in § 297-25 of this chapter.
B.
A modification
to an already approved or disapproved drainage plan shall be submitted
to the Township of Muhlenberg, 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 Commissioners of the Township
of Muhlenberg shall be submitted to the Township of Muhlenberg, accompanied
by the applicable municipal review and inspection fee.
A disapproved drainage plan may be resubmitted, with the revisions addressing the Township Engineer's concerns documented in writing and addressed to the Municipal Secretary in accordance with § 297-24 of this chapter and distributed accordingly and be subject to review as specified in § 297-25 of this chapter. The applicable municipal review and inspection fee must accompany a resubmission of a disapproved drainage plan.