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 may not proceed until the applicant or his/her
agent has received written approval of a stormwater management site
plan from the municipality, an adequate erosion and sediment control
plan review by the Conservation District and an NPDES permit from
the DEP, if required. SWM Site Plans approved by the municipality
shall be on site throughout the duration of the regulated activity.
A.
Exemptions. The following land use activities are exempt from the
stormwater management site plan submission requirements of this chapter:
(1)
Use of land for gardening for home consumption.
(2)
Agriculture when operated in accordance with a conservation plan
or erosion and sediment control plan (E&S) found adequate by the
Conservation District.
(3)
Forest management operations which are following the Department of Environmental Protection's management practices contained in its publication "Soil Erosion and Sedimentation (E&S) Control Guidelines for Forestry" and are operating under an approved E&S plan and must comply with stream buffer requirements in § 365-10 and floodplain management requirements.[1]
(4)
Impervious surface. Any regulated activity that has less than 5,000 square feet of impervious surface subject to the additional exemption criteria set forth in Subsection B is exempt from the plan submittal provisions of this chapter. These criteria shall apply to the total development even if development is to take place in phases. The date of the original McMichael's and Brodhead Creeks Stormwater Management Act 167 Plan adoption by the Township (November 21, 1994) 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 November 21, 1994, shall not be considered in cumulative impervious area calculations for exemption purposes.
B.
Additional exemption criteria include:
(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 purpose of this chapter; however, stormwater management
site plans will not have to be submitted to the municipality.
(2)
This exemption shall not relieve the applicant from meeting the special requirements for watersheds draining to exceptional value (EV) waters and source water protection areas (SWPA): requirements for nonstructural project design sequencing (§ 365-9), water quality and stream-bank erosion (§ 365-10), and groundwater recharge (§ 365-11).
(3)
Drainage problems. If a drainage problem is documented or known to
exist downstream of, or expected from, the proposed activity, then
the municipality may require a stormwater management site plan submittal.
The stormwater management site plan shall consist of a general description of the project, including sequencing items described in § 365-10, calculations, maps, plans and a consumptive use tracking report. 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 stormwater management site plan materials shall be submitted to the municipality in a format that is clear, concise, legible, neat, and well organized, in the opinion of the municipality; otherwise, the stormwater management site plan shall not be accepted for review and shall be returned to the applicant. The following items shall be included in the stormwater management site 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 letters
of adequacy obtained by the Conservation District.
(5)
A general description of nonpoint source pollution controls.
(6)
A consumptive use tracking report.
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 Monroe County. If the Chapter 390, Subdivision and Land Development (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 and final 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, buffers,
existing drainage courses, areas of natural vegetation to be preserved,
and the total extent of the upstream area draining through the site.
The upstream area draining through the site can be located on a portion
of a USGS topographic map if more detailed topographic information
is not available.
(5)
The locations of all existing and proposed utilities, sanitary sewers,
and waterlines within 50 feet of property lines.
(6)
The location(s) of public water supply wells and surface water intakes
as well as their source water protection areas.
(7)
Soil names and boundaries; along with any limitations associated
with the soil type and the proposed resolution of the listed limitations.
(8)
Limits of earth disturbance, including the type and amount of impervious
area that would be added.
(9)
Proposed structures, roads, paved areas, and buildings. The proposed
buildings would also include proposed residential structures in a
subdivision.
(10)
The name of the development, the name and address of the applicant
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 200 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 accurate distances to
hundreds of a foot and bearings to the nearest second.
(15)
Existing and proposed land use(s).
(16)
A key map showing all existing man-made features beyond the
property boundary that would be affected by the project.
(17)
Location of all open channels.
(18)
Overland drainage patterns and swales.
(19)
A fifteen-foot-wide access easement to and 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 covenant on the plan indicating the location and responsibility
for maintenance of stormwater management facilities that would be
located off site. All off-site facilities shall meet the performance
standards and design criteria specified in this chapter.
(22)
A statement, signed by the applicant, acknowledging that any
revision to the approved stormwater management site plan must be approved
by the municipality and that a revised E&S plan must be submitted
to the Conservation District for a determination of adequacy.
(23)
The following signature block for the design engineer (Pennsylvania-licensed
professional engineer):
"I, (Design Engineer), on this date (date of signature), hereby
certify that the Stormwater Management Site Plan meets all design
standards and criteria of the Pocono Township Stormwater Management
Ordinance. The word 'certify' is an expression of professional
opinion by the undersigned and does not constitute a guarantee or
warranty."
(24)
(Municipal official or designee), on this date (Signature date),
has reviewed and hereby certifies that the SWM Site Plan meets all
design standards and criteria of the Municipal Ordinance No. (number
assigned to ordinance).
C.
Supplemental information.
(1)
A written description of the following information shall be submitted:
(2)
An erosion and sediment control plan (i.e., plans, narrative, calculations
and any required applications).
(4)
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.
(5)
A declaration of adequacy and highway occupancy permit from the PennDOT
District Office when utilization of a PennDOT storm drainage system
is proposed.
D.
Stormwater management facilities.
(1)
All stormwater management facilities must be located on a plan and
described in detail. Plan and profile drawings of all SWM BMPs, including
drainage structures, pipes, open channels, and swales.
(2)
When groundwater recharge methods such as seepage pits, beds or trenches
are used, the locations of existing and proposed septic tank infiltration
areas and wells must be shown on the plan.
(3)
All calculations, assumptions, and criteria used in the design of
the stormwater management facilities must be shown.
The municipality shall require receipt of a complete plan, as
specified in this chapter. For any activities that require an NPDES
Permit for Stormwater Discharges from Construction Activities, or
a PA DEP Joint Permit Application, or 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 PA DEP'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 those regulated activities which require subdivision and land
development approval, the stormwater management site plan and ERSAM
shall be submitted by the applicant as part of the preliminary plan
submission.
B.
For those regulated activities that do not require subdivision and land development approval (see § 365-17, General requirements), the stormwater management site plan and ERSAM shall be submitted 30 days' prior to permit issuance or commencement of earth disturbance.
C.
Six copies of the stormwater management site plan and ERSAM shall
be submitted and distributed as follows:
D.
Any submissions found incomplete shall not be accepted for review
and shall be returned to the applicant with a notification, in writing,
of the specific manner in which the submission is incomplete.
A.
The Municipal Engineer shall review the stormwater management site
plan for consistency with the adopted Pocono Township Act 167 Stormwater
Management Ordinance.
B.
The Municipal Engineer shall review the stormwater management site
plan for any subdivision or land development against the municipal
SALDO provisions not superseded by this chapter.
C.
The E&S plan shall be reviewed by the County Conservation District and found adequate to meet the requirements of PA DEP's Chapter 102 regulations prior to municipal approval of the stormwater management site plan. The Conservation District shall also review the consumptive use tracking report consistent with § 365-16 of this chapter. The Conservation District will track consumptive use. The Conservation District will notify the municipality when the threshold for consumptive use within a watershed has been met, because subsequent stormwater management site plan approvals will affect base flow, water quality and aquatic habitats. Where thresholds for consumptive use have not yet been established, tracking reports must still be submitted to the Conservation District for use when future studies have established consumptive use thresholds.
D.
For regulated activities specified in § 365-4 of this chapter, the Municipal Engineer shall notify the municipality, in writing, within 30 calendar days, whether the stormwater management site plan is consistent with this chapter.
(1)
Should the stormwater management site plan be determined to be consistent
with this chapter, the Municipal Engineer will forward a letter of
consistency to the Municipal Secretary, who will then notify the developer.
(2)
Should the stormwater management site plan be determined to be inconsistent
or noncompliant with this chapter, the Municipal Engineer shall forward
a letter to the Municipal Secretary with a copy to the applicant citing
the reason(s) and specific chapter sections for the inconsistency
or noncompliance. Inconsistency or noncompliance may be due to inadequate
information to make a reasonable judgment as to compliance with this
chapter. Any stormwater management site plans that are inconsistent
or noncompliant may be revised by the applicant and resubmitted consistent
with this chapter. The Municipal Secretary shall then notify the developer
of the Municipal Engineer's findings. Any disapproved stormwater
management site plans may be revised by the developer and resubmitted
consistent with this chapter.
E.
For regulated activities specified in § 365-4 of this chapter, which require a zoning and/or building permit, the Municipal Engineer shall notify the applicable Zoning Officer, in writing, whether the stormwater management site plan is consistent with this chapter and forward a copy of the approval/disapproval letter to the applicant. Any disapproved stormwater management site plan may be revised by the applicant and resubmitted consistent with this chapter.
F.
For regulated activities specified in § 365-4 of this chapter that require an NPDES Permit application, the applicant shall forward a copy of the Municipal Engineer's letter stating that the stormwater management site plan is consistent with the Pocono Township Stormwater Management Ordinance to the Conservation District. PA DEP and the Conservation District may consider the Municipal Engineer's review comments in determining whether to issue a permit.
G.
The municipality shall not grant unconditional approval or grant preliminary approval to any subdivision or land development for regulated activities specified in § 365-4 of this chapter if the stormwater management site plan has been found to be inconsistent with this chapter, as determined by the Municipal Engineer. All required permits from PA DEP must be obtained prior to any unconditional preliminary approval of any subdivision or land development.
H.
No municipal permits shall be issued for any regulated activity specified in § 365-4 of this chapter if the stormwater management site plan has been found to be inconsistent with this chapter, as determined by the Municipal Engineer. All required permits from PA DEP must be obtained prior to issuance of a building permit.
I.
The applicant shall be responsible for completing record drawings
of all stormwater management facilities included in the approved stormwater
management site plan. The record drawings and an explanation of any
discrepancies with the design plans shall be submitted to the Municipal
Engineer for final approval prior to the issuance of any occupancy
permits. In no case shall the municipality approve the record drawings
until the municipality receives a copy of an approved declaration
of adequacy and/or highway occupancy permit from the PennDOT District
Office (if required), NPDES Permit, consumptive use tracking report,
and any other applicable permits or approvals from PA DEP or the Conservation
District. The above permits and approvals must be based on the record
drawings. This means that if there are changes during construction,
the record drawings must be submitted to the PA DEP and the Conservation
District for an updated approval if this was not done previously.
J.
The municipality's approval of a stormwater management site plan shall be valid for a period not to exceed five years. Commencing on the date that the municipality signs the approved stormwater management site plan. If stormwater management facilities included in the approved stormwater management site plan have not been constructed, or if constructed, record drawings of these facilities have not been submitted for approval, within this five-year time period, then the municipality may consider the stormwater management site plan disapproved and may revoke any and all permits. Stormwater management site plans that are considered disapproved by the municipality must be resubmitted in accordance with § 365-23 of this chapter.
A.
A modification to a stormwater management site plan under review by the municipality 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 stormwater management site plan as determined by the Municipal Engineer, shall require a resubmission of the modified stormwater management site plan consistent with § 365-20 of this chapter and be subject to review as specified in § 365-21 of this chapter.
B.
A modification to an already approved or disapproved stormwater management
site plan shall be submitted to the municipality, accompanied by the
applicable municipal review and observation fee. A modification to
a stormwater management site plan for which a formal action has not
been taken by the municipality shall be submitted to the municipality,
accompanied by the applicable municipal review and observation fee.
A disapproved stormwater management site plan may be resubmitted, with the revisions addressing the Municipal Engineer's concerns documented in writing and addressed to the Municipal Secretary in accordance with § 365-20 of this chapter and distributed accordingly and be subject to review as specified in § 365-21 of this chapter. The applicable municipal review and observation fee must accompany a resubmission of a disapproved stormwater management site plan.
