[Ord. No. 1151, 6/20/2023]
1.
For any of the activities regulated by this Part, 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 an SWM site plan from the municipality
and an adequate erosion and sediment control plan review by the Conservation
District for limit of earth disturbance of more than 0.5 acre.
2.
The following items shall be included in the SWM site plan:
B.
The municipality shall not approve any SWM site plan that is deficient
in meeting the requirements of this Part. At its sole discretion and
in accordance with this Subpart, when an SWM site plan is found to
be deficient, the municipality may either disapprove the submission
and require a resubmission or, in the case of minor deficiencies,
the municipality may accept submission of modifications.
C.
Provisions for permanent access or maintenance covenants for all physical SWM BMPs, such as ponds and infiltration structures, as necessary to implement the operation and maintenance (O&M) plan discussed in Subsection 2D(9) below.
D.
The SWM site plan shall provide the following information:
(1)
The overall stormwater management concept for the project including
sequencing items, calculations, maps, and plan. 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 municipality 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. A general description
of nonpoint source pollution controls.
(2)
A determination of site conditions in accordance with the BMP
Manual.[2] A detailed site evaluation shall be completed for projects
proposed in areas of carbonate geology or karst topography, and other
environmentally sensitive areas, such as brownfields.
(3)
Stormwater runoff design computations and documentation as specified in this Part, or as otherwise necessary to demonstrate that the maximum practicable measures have been taken to meet the requirements of this Part, including the recommendations and general requirements in § 26-121.
(4)
Expected project time schedule.
(5)
A soil erosion and sediment control plan, where applicable,
as prepared for and submitted to the approval authority.
(6)
The effect of the project (in terms of runoff volumes, water
quality, and peak flows) on surrounding properties and aquatic features
and on any existing stormwater conveyance system that may be affected
by the project.
(7)
Plan and profile drawings of all SWM BMPs, including drainage
structures, pipes, open channels, and swales.
(8)
SWM site plan shall show the locations of existing and proposed
on-lot wastewater facilities and water supply wells.
(9)
The SWM site plan shall include an O&M plan for all existing
and proposed physical stormwater management facilities. This plan
shall address long-term ownership and responsibilities for O&M
as well as schedules and costs for O&M activities.
(10)
A justification must be included in the SWM site plan if BMPs
other than green infrastructure methods and LID practices are proposed
to achieve the volume, rate and water quality controls under this
Part.
(11)
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 Subdivision and Land Development
Ordinance (SALDO)[3] has more stringent criteria, then the more stringent criteria
shall apply. The contents of the map(s) shall include, but not be
limited to:
(a)
The location of the project relative to highways, municipalities,
or other identifiable landmarks.
(b)
Existing and final contours at intervals of two feet. In areas
of steep slopes (greater than 15%), five-foot contour intervals may
be used.
(c)
Existing streams, lakes, ponds, or other waters of the commonwealth
within the project area.
(d)
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.
(e)
The locations of all existing and proposed utilities, sanitary
sewers, and water lines within 50 feet of property lines. 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.
(f)
The location(s) of public water supply wells and surface water
intakes as well as their source water protection areas.
(g)
Soil names and boundaries.
(h)
Limits of earth disturbance, including the type and amount of
impervious area that would be added.
(i)
Proposed structures, roads, paved areas, and buildings.
(j)
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.
(k)
The date of submission.
(l)
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.
(m)
A North arrow.
(n)
The total tract boundary and size with distances marked to the
nearest foot and bearings to the nearest degree.
(o)
Existing and proposed land use(s). A key map showing all existing
man-made features beyond the property boundary that would be affected
by the project.
(p)
Location of all open channels.
(q)
Overland drainage patterns and swales.
(r)
All stormwater management facilities must be located on a plan
and described in detail.
(s)
A blanket access covenant approved by the Municipal Solicitor.
(t)
The location of all erosion and sediment control facilities.
(u)
A note 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 Part.
(v)
A statement, signed by the applicant, acknowledging that any
revision to the approved SWM 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.
(w)
The following signature block for the qualified design professional:
I, (qualified design professional), on this date (date of signature),
hereby certify that the SWM site plan meets all design standards and
criteria of the Brodhead and McMichael Creek Watershed Act 167 Stormwater
Management Ordinance.
(x)
Stormwater management techniques to be applied both during and
after development. All calculations, assumptions, and criteria used
in the design of the stormwater management facilities must be shown.
(y)
Expected project time schedule.
(z)
Development stages (project phases) if so proposed.
(aa)
An operation and maintenance plan.
(bb)
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.
(cc)
A declaration of adequacy and highway occupancy
permit from the PennDOT District Office when utilization of a PennDOT
storm drainage system is proposed.
(dd)
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.
[Ord. No. 1151, 6/20/2023]
1.
For any activities that require an NPDES permit for stormwater discharges
from construction activities, or a PaDEP 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 Water 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.
2.
For those regulated activities regulated by the Subdivision and Land
Development Ordinance (SALDO),[1] the SWM site plan and ERSAM shall be submitted to the
Borough by the applicant for review in accordance with the requirements
of this Part concurrently with the preliminary plan review.
3.
Projects that required an SWM site plan application but not an NPDES
permit or SALDO approval the following submission procedure shall
apply:
[Ord. No. 1151, 6/20/2023]
1.
SWM site plans shall be reviewed by the municipality for consistency
with the provisions of this Part.
2.
For any SWM site plan that proposes to use any BMPs other than green
infrastructure and LID practices to achieve the volume and rate controls
required under this Part, the municipality will not approve the SWM
site plan unless it determines that green infrastructure and LID practices
are not practicable.
3.
The Municipal Engineer shall review the SWM site plan for consistency
with the adopted Brodhead and McMichael Creek Watershed Act 167 Stormwater
Management Plan.
4.
The Municipal Engineer shall review the SWM site plan for any subdivision
or land development against the municipal subdivision and land development
ordinance provisions not superseded by this Part.
5.
The E&S plan shall be reviewed by the County Conservation District
for designs with a limit of earth disturbance greater than 0.5 acre
and found adequate to meet the requirements of PaDEP's Chapter
102 regulations prior to municipal approval of the SWM site plan.
E&S plans for projects with less than 0.5 acre shall be reviewed
by the Municipal Engineer. Under state regulations, construction activities
consist of clearing and grubbing, grading and excavation activities
involving one acre or more of earth disturbance activity, or an earth
disturbance activity on any portion, part or during any stage of,
a larger common plan of development or sale that involves one acre
or more of earth disturbance activity over the life of the project
requires submission of an NPDES permit in accordance with PaDEP requirements.
6.
For regulated activities specified in §§ 26-104 and 26-105 of this Part, the Municipal Engineer shall notify the municipality in writing, within 90 calendar days, whether the SWM site plan is consistent with the stormwater management plan.
A.
Should the SWM site plan be determined to be consistent with the
stormwater management plan, the Municipal Engineer will forward a
letter of consistency to the Municipal Secretary, who will then notify
the applicant.
B.
Should the SWM site plan be determined to be inconsistent or noncompliant
with the Stormwater Management Plan, the Municipal Engineer shall
forward a letter to the Municipal Secretary with a copy to the applicant
citing the reason(s) and specific Part sections for the inconsistency
or noncompliance. Inconsistency or noncompliance may be due to inadequate
information to make a reasonable judgment as to compliance with the
stormwater management plan. Any SWM site plans that are inconsistent
or noncompliant may be revised by the applicant and resubmitted consistent
with this Part. The Municipal Secretary shall then notify the applicant
of the Municipal Engineer's findings. Any disapproved SWM site
plans may be revised by the applicant and resubmitted consistent with
this Part.
7.
For regulated activities specified in §§ 26-104 and 26-105 of this Part, which require a building permit, the Municipal Engineer shall notify the enforcement officer, in writing, whether the SWM site plan is consistent with the Stormwater Management Plan and forward a copy of the approval/disapproval letter to the applicant. Any disapproved SWM site plan may be revised by the applicant and resubmitted consistent with this Part.
9.
The municipality shall not grant approval or grant preliminary approval to any subdivision or land development for regulated activities specified in §§ 26-104 and 26-105 of this Part if the SWM site plan has been found to be inconsistent with the stormwater management plan, as determined by the Municipal Engineer. All required permits from PaDEP must be obtained prior to approval of any subdivision or land development. All required permits from PaDEP must be obtained prior to issuance of a building permit.
10.
The municipality's approval of an SWM site plan shall be valid
for a period not to exceed five years, commencing on the date that
the municipality signs the approved.
11.
SWM site plan. If stormwater management facilities included in the approved SWM site 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 municipality may consider the SWM site plan disapproved and may revoke any and all permits. SWM site plans that are considered disapproved by the municipality shall be resubmitted in accordance with § 26-135 of this Part.
12.
If the municipality disapproves the SWM site plan, the municipality
will state the reasons for the disapproval in writing. The municipality
also may approve the SWM site plan with conditions and, if so, shall
provide the acceptable conditions for approval in writing.
[Ord. No. 1151, 6/20/2023]
A modification to a submitted SWM site plan that involves a
change in SWM BMPs or techniques, or that involves the relocation
or redesign of SWM BMPs, or that is necessary because soil or other
conditions are not as stated on the SWM site plan as determined by
the municipality shall require a resubmission of the modified SWM
site plan in accordance with this Subpart.
[Ord. No. 1151, 6/20/2023]
A disapproved SWM site plan may be resubmitted, with the revisions
addressing the municipality's concerns, to the municipality in
accordance with this Subpart. The applicable review fee must accompany
a resubmission of a disapproved SWM site plan.
[Ord. No. 1151, 6/20/2023]
The municipality's approval of an SWM site plan authorizes the regulated activities contained in the SWM site plan for a maximum term of validity of five years following the date of approval. The municipality may specify a term of validity shorter than five years in the approval for any specific SWM site plan. Terms of validity shall commence on the date the municipality signs the approval for an SWM site plan. If an approved SWM site plan is not completed according to § 26-138 within the term of validity, then the municipality may consider the SWM site plan disapproved and may revoke any and all permits. SWM site plans that are considered disapproved by the municipality shall be resubmitted in accordance with § 26-135 of this Part.
[Ord. No. 1151, 6/20/2023]
1.
The qualified design professional shall conduct critical stage inspections
as required to ensure functioning of the stormwater BMPs. A final
certification that the stormwater BMPs were installed to the satisfaction
of the qualified design professional will be required.
2.
The Municipal Engineer or his/her municipal designee shall inspect
all phases of the installation of the permanent stormwater management
facilities as deemed appropriate by the Municipal Engineer.
3.
During any stage of the work, if the Municipal Engineer or his municipal
designee determines that the permanent stormwater management facilities
are not being installed in accordance with the approved stormwater
management plan, the municipality shall revoke any existing permits
or other approvals and issue a cease-and-desist order until a revised
SWM site plan is submitted and approved, as specified in this Part.
4.
Final inspection of all stormwater management facilities shall be
conducted by the Municipal Engineer or his municipal designee and
to confirm compliance with the approved SWM site plan prior to the
issuance of any occupancy permit.
[Ord. No. 1151, 6/20/2023]
1.
The applicant shall be responsible for providing as-built plans of
all SWM BMPs included in the approved SWM site plan. The as-built
plans and an explanation of any discrepancies with the construction
plans shall be submitted to the municipality. In no case shall the
municipality approve the record drawings until the municipality receives
a copy of an approved or amended declaration of adequacy and/or highway
occupancy permit from the PennDOT District Office, NPDES permit, and
any applicable permits or approvals, from PaDEP or the Conservation
District. The information on the as-built plan shall include all applicable
information on the DEP Notice of Termination (NOT) Record Drawings
Checklist.
2.
The as-built submission shall include a certification of completion
signed by a qualified professional verifying that all permanent SWM
BMPs have been constructed according to the approved plans and specifications.
The latitude and longitude coordinates for all permanent SWM BMPs
must also be submitted, at the central location of the BMPs. If any
licensed qualified professionals contributed to the construction plans,
then a licensed qualified professional must sign the completion certificate.
3.
After receipt of the completion certification by the municipality,
the municipality may conduct a final inspection.
