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 land disturbance activity may not proceed
until the property owner or developer or his/her agent has received
written approval of a drainage plan from the municipality.
Any regulated activity that meets the exception criteria in the following table is exempt from the 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 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. An exemption shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, and property. This exemption shall not relieve the applicant from meeting the special requirements for watersheds draining to high quality (HQ) or exceptional value (EV) waters (§ 166-8K) and requirements for groundwater recharge (§ 166-14), water quality (§ 166-15) and streambank erosion (§ 166-16). An exemption shall not relieve the applicant from providing adequate stormwater management to meet the purpose of this chapter; however, drainage plans will not have to be submitted to the municipality.
Stormwater Management Exemption Criteria
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Total Parcel Size
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Impervious Area Exemption
(sq. ft.)
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Less than or equal to 1/4 acre
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2,500
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Greater than 1/4 acre to 1 acre
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5,000
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Greater than 1 acre to 2 acres
|
10,000
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Greater than 2 acres to 5 acres
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15,000
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Greater than 5 acres
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20,000
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The drainage plan shall consist of all applicable
calculations, maps, and plans. A note on the maps shall refer to the
associated computations and erosion and sedimentation control plan
by title and date. The cover sheet of the computations and erosion
and sedimentation control plan shall refer to the associated maps
by title and date. All drainage plan materials shall be submitted
to the municipality in a format that is clear, concise, legible, neat,
and well organized; otherwise, the drainage plan shall be disapproved
and returned to the applicant. The following items shall be included
in the drainage plan:
A.
General.
(1)
General description of project.
(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.
B.
Map(s) of the project area shall be submitted on twenty-four-inch
by thirty-six-inch sheets and shall be prepared in a form that meets
the requirements for recording at the offices of the Recorder of Deeds
of Franklin County. The contents of the maps(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 bodies of
water within the project area.
(4)
Other physical features including flood hazard boundaries,
sinkholes, streams, existing drainage courses, 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)
Proposed changes to the land surface and vegetative
cover, 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 existing man-made features
beyond the property boundary that would be affected by the project.
(17)
Horizontal and vertical profiles of all open
channels, including hydraulic capacity.
(18)
Overland drainage paths.
(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)
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 chapter.
(21)
A construction detail of any improvements made
to sinkholes and the location of all notes to be posted, as specified
in this chapter.
(22)
A statement, signed by the landowner, acknowledging
the stormwater management system to be a permanent fixture that can
be altered or removed only after approval of a revised plan by the
municipality.
(23)
The following signature block for the design
engineer:
"(Design Engineer), on this date (date of signature),
hereby certifies that the drainage plan meets all design standards
and criteria of the Conococheague Creek Watershed Act 167 Stormwater
Management Ordinance."
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(24)
The location of all erosion and sedimentation
control facilities.
C.
Supplemental information.
(1)
A written description of the following information
shall be submitted:
(2)
A soil erosion and sedimentation control plan, where
applicable, including all reviews and approvals, as required by PaDEP.
(3)
A geologic assessment of the effects of runoff on
sinkholes as specified in this chapter.
(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.
(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.
(3)
All calculations, assumptions, and criteria used in
the design of the stormwater management facilities must be shown.
For all activities regulated by this chapter, the steps below shall be followed for submission. For any activities that require a PaDEP joint permit application and regulated under Chapter 105 (Dam Safety and Waterway Management) or Chapter 106 (Floodplain Management) of PaDEP's Rules and Regulations, require a PennDOT highway occupancy permit, or require any other permit under applicable state or federal regulations, the proof of application for that, the permit(s) shall be part of the plan. The plan shall be coordinated with the state and federal permit process.
A.
The Municipal Engineer shall review the drainage plan
for consistency with the adopted Conococheague Creek Watersheds Act
167 Stormwater Management Plan. The municipality shall require receipt
of a complete plan, as specified in this chapter.
C.
For activities regulated by this chapter, the Municipal
Engineer shall notify the municipality in writing, within 15 calendar
days of their receipt of the plan, whether the drainage plan is consistent
with the stormwater management plan. Should the drainage 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 developer.
D.
Should the drainage plan be determined to be inconsistent
with the stormwater management plan, the Municipal Engineer will forward
a letter of inconsistency to the Municipal Secretary citing the reason(s)
for the disapproval. The Municipal Secretary shall then notify the
developer of the Municipal Engineer's findings. Any disapproved drainage
plans may be revised by the developer and resubmitted consistent with
this chapter.
E.
For regulated activities specified in § 166-4 of this chapter, the Municipal 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,[2] whether the drainage plan is consistent with the stormwater
management plan and forward a copy of the approval/disapproval letter
to the Municipal Secretary, who will then notify the developer. Any
disapproved drainage plan may be revised by the developer and resubmitted
consistent with this chapter.
F.
For regulated activities requiring a PaDEP joint permit
application, the Municipal Engineer shall notify PaDEP whether the
drainage plan is consistent with the stormwater management plan and
forward a copy of the review letter to the municipality and the developer.
PaDEP may consider the Municipal Engineer's review comments in determining
whether to issue a permit.
G.
The municipality shall not approve any subdivision or land development for regulated activities specified in § 166-4 of this chapter if the drainage 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 of land development.
H.
The Municipal Building Permit Officer shall not issue a building permit for any regulated activity specified in § 166-4 of this chapter if the drainage plan has been found to be inconsistent with the stormwater management plan, as determined by the Municipal Engineer, or without considering the comments of the Municipal Engineer. All required permits from PaDEP must be obtained prior to issuance of a building permit.
I.
The developer 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
Municipal Engineer for final approval. In no case shall the municipality
approve the record drawings until the municipality receives a copy
of an approved Declaration of Adequacy, highway occupancy permit from
the PennDOT District Office, and any applicable permits from PaDEP.
J.
The municipality's approval of a drainage plan shall be valid for a period not to exceed five years. This five-year time period shall commence on the date that the municipality 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 municipality may consider the drainage plan disapproved and may revoke any and all permits. Drainage plans that are considered disapproved by the municipality shall be resubmitted in accordance with § 166-23 of this chapter.
A.
A modification to a submitted drainage plan 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 Municipal Engineer, shall require a resubmission of the modified drainage plan consistent with § 166-20 of this chapter and be subject to review as specified in § 166-21 of this chapter.
B.
A modification to an already approved or disapproved
drainage plan shall be submitted to the municipality, accompanied
by the applicable review. A modification to a drainage plan for which
a formal action has not been taken by the municipality shall be submitted
to the municipality, accompanied by the applicable municipality review
fee.
A disapproved drainage plan may be resubmitted, with the revisions addressing the Municipal Engineer's concerns documented in writing addressed, to the Municipal Secretary in accordance with § 166-20 of this chapter and distributed accordingly and be subject to review as specified in § 166-21 of this chapter. The applicable municipality review fee must accompany a resubmission of a disapproved drainage plan.