Township of Mount Joy, PA Article IV Stormwater Management (SWM) Site Plan Requirements

§ 81-401 SWM site plan submission.

A. When a property owner or developer proposes a regulated activity, said property owner or developer shall submit an SWM site plan to demonstrate compliance with the stormwater management provisions of this chapter. Said submission shall be required unless said regulated activity is exempt from SWM site plan submission in accordance with the exemption criteria and exemption approval process established in § 81-302 of this chapter. Where Mount Joy Township determines that the property owner or developer proposing the regulated activity is eligible to employ the process established in the Stormwater Management Design Assistance Manual to address the stormwater management needs of a site, the submission of the required documentation from the Manual shall substitute for the SWM site plan requirements of this article.

B. Copies of the SWM site plan shall be distributed as follows:

(1) Two copies to Mount Joy Township;

(2) One copy to the Mount Joy Township Engineer, when applicable;

(3) One copy to the Adams County Conservation District (if an NPDES permit is required); and

(4) One copy to the Adams County Planning Commission (only if submitted as a component of a subdivision or land development plan in accordance with the Mount Joy Township Subdivision and Land Development Ordinance).[1]

[1] Editor's Note: See Ch. 86, Subdivision and Land Development.

C. Additional copies shall be submitted as requested by Mount Joy Township.

D. The property owner or developer shall submit a review fee in accordance with Article VI. Payment of the required fee is a component of the SWM site plan submission. The SWM site plan submission shall not be considered to be complete until such time that any required fee is paid.

§ 81-402 Plan requirements.

A. The SWM site plan shall include the following information. Where the regulated activity for which an SWM site plan is being submitted is also subject to subdivision and/or land development plan review in accordance with the Township's Subdivision and Land Development Ordinance,[1] the SWM site plan shall be submitted as a component of the subdivision or land development plan submission for the project and shall include the following information. Where the submission requirements of this section conflict with the submission requirements of the Township's Subdivision and Land Development Ordinance, the more-restrictive provisions shall control.

(1) The name of the development, the name and address of the owner of the property, and the name and address of the individual or firm preparing the SWM site plan. Also to be included are the name, address, signature and seal of any registered surveyor (attesting the accuracy of the boundary survey) and professional engineer, landscape architect, and/or professional geologist contributing to and/or responsible for any aspect of the SWM site plan.

(2) A graphic and written plan scale of one inch equals no more than 50 feet. For parcels of 20 acres or more, the scale shall be one inch equals no more than 100 feet.

(3) North point (arrow).

(4) Property boundary information.

(5) Project site boundary information.

(6) Existing and final contours at intervals of no more than two feet. In areas of slopes in excess of 15%, five-foot contour intervals may be used.

(7) Identification and the location of existing and proposed land uses within the project site boundary and within 25 feet beyond the project site boundary.

(8) Identification and the location of existing and proposed structures, buildings, streets, driveways, access drives, and parking areas within the project site boundary and structures and buildings within and 100 feet beyond the project site boundary.

(9) Identification and the location of existing and proposed utilities, stormwater facilities, sanitary sewers, and water lines within the project site boundary and within 25 feet beyond the project site boundary.

(10) Identification and the location of significant physical features and associated boundary limits, including flood hazard areas, sinkholes, existing drainagecourses, and areas of natural vegetation, within the project site boundary and within 25 feet beyond the project site boundary.

(11) Identification and the location of existing and proposed on-lot wastewater facilities and water supply wells within the project site boundary and within 50 feet beyond the project site boundary.

(12) The location of the proposed regulated activity relative to streets, municipal boundaries, and other significant man-made features within 25 feet beyond the project site boundary or more if affected by the proposed regulated activities.

(13) A determination of site conditions in accordance with the BMP Manual. A detailed site evaluation shall be completed for projects proposed in areas of carbonate geology or karst topography, as well as for other environmentally sensitive areas, whether natural or man-made, including floodplains, streams, lakes, ponds, hydric soils, wetlands, brownfields, and wellhead protection zones.

(14) The overall stormwater management concept for the project, including any additional information required for a PCSM plan, as applicable.

(15) A description of permanent stormwater management techniques, including the construction specifications of the materials to be used for stormwater management facilities.

(16) The identification, location, construction details, specifications, and materials used for all SWM facilities.

(17) Horizontal and vertical profiles of all SWM BMPs, including drainage structures, storm sewers, pipes, open channels, and swales, and including hydraulic capacity.

(18) Stormwater runoff design computations and documentation as specified in this chapter, or as otherwise necessary, to demonstrate compliance with the requirements of this chapter.

(19) The effect of the regulated activity in terms of runoff volumes, water quality, and peak flows on adjacent properties and aquatic features and on any existing stormwater conveyance or collection system that may be affected by the project or may receive runoff from the project site.

(20) Soil type boundaries and the location of any soil test pits or infiltration tests.

(21) A hydrogeologic assessment of the effects of stormwater runoff on sinkholes, where present.

(22) Proposed changes to the land surface and vegetative cover and the type and amount of existing and proposed impervious surface.

(23) Drainage flow pathways.

(24) Sequence of construction for all earthmoving activities.

(25) Expected project construction schedule.

(26) An O&M plan for all existing and proposed physical stormwater management facilities. The plan shall address long-term ownership and maintenance responsibilities as well as schedules and estimated costs for maintenance activities. The O&M plan shall be prepared in accordance with the requirements of Article V of this chapter.

(27) Location and dimensions of construction access, permanent access and maintenance easements for all physical SWM BMPs on the project site and on adjacent properties, as are necessary as a result of proposed regulated activities and to implement the O&M plan and for municipal inspection of any facilities.

(28) A note on the SWM site plan indicating the responsibility for maintenance of SWM facilities and easements on the project site and on adjacent properties.

(29) An E&S plan, where applicable, as approved by the Adams County Conservation District. In cases where E&S plan approval by the Adams County Conservation District is not required, all erosion and sedimentation control measures and BMPs must be depicted within the SWM site plan.

(30) An NPDES permit application, including PCSM plan, where required, as administratively reviewed and approved by the Adams County Conservation District.

(31) The following signature blocks shall be provided:

	The Township Engineer on this date __________ has reviewed and hereby approves the stormwater management site plan as meeting all design standards and criteria of the Stormwater Management Ordinance of Mount Joy Township.
	Secretary	Township Engineer
	I, ________________, hereby acknowledge that the stormwater management facilities as depicted within the stormwater management site plan are permanent fixtures that can be altered, modified or removed only after approval of a revised stormwater management site plan by the Township Engineer.
	Title Owner	Date

(32) A narrative shall be provided with the SWM site plan to demonstrate compliance with the requirements of this chapter. The narrative shall contain the following information, at a minimum:

(a) General description of project.

(b) Stormwater runoff design computations and documentation as specified in this chapter.

(c) Predevelopment and post-development drainage area mapping depicting drainage area boundaries and drainage flow pathways.

(d) Proposed changes to the land surface and vegetative cover and the type and amount of existing and proposed impervious surface.

(e) The overall stormwater management concept for the project, including any additional information required for a PCSM plan, as applicable.

(f) A description of permanent stormwater management techniques.

(g) Calculations and computation for all stormwater detention or retention BMPs.

(h) Hydraulic capacity design information for all stormwater conveyance systems, including storm sewers, culverts, inlets, and open channels.

(i) 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.

(j) The effect of the proposed regulated activity in terms of runoff volumes and peak flows on adjacent properties and/or any existing municipal stormwater collection system that may receive runoff from the project site.

(k) Estimated project time schedule.

(l) Brief description of soils and their characteristics.

[1] Editor's Note: See Ch. 86, Subdivision and Land Development.

§ 81-403 Plan review and approval procedure.

A. Preapplication meeting. Prior to proceeding with SWM site plan preparation and submission, the applicant is encouraged to request a preapplication meeting with Mount Joy Township to discuss the plan concept and responsibility for submission of required documents and information. If the project requires an E&S plan or an NPDES permit, the applicant is encouraged to meet with a staff member of the Adams County Conservation District as well.

B. SWM site plan review and approval procedure.

(1) SWM site plan not submitted as component of subdivision or land development plan.

(a) If an SWM site plan is not submitted as a component of a subdivision and/or land development plan, the review of the SWM site plan, recommendations, approval, approval with conditions, or disapproval shall occur within 45 calendar days of submission to Mount Joy Township. Where the applicant submits revisions to a previously submitted SWM site plan, either because the applicant has elected to revise the SWM site plan or as a result of a determination by Mount Joy Township that a revision is necessary to meet the requirements of this chapter, this forty-five-day period shall be restarted. Should Mount Joy Township fail to render a decision on the SWM site plan within this forty-five-day time period, the application shall be deemed approved.

(b) The decision of the Board of Supervisors or its designee to approve, approve with conditions, or disapprove the SWM site plan shall be in writing and shall be delivered to the applicant no later than 15 calendar days following the decision. If the SWM site plan is disapproved, the written decision by the Board of Supervisors or its designee shall specify the defects in the application, describe the requirements which were not met, and shall cite the provisions of the ordinance relied upon. If the SWM site plan is approved with conditions, the written decision to the applicant shall state the conditions for approval and the time limit for satisfying such conditions. Should Mount Joy Township fail to issue the written decision within the fifteen-calendar-day period, the application shall be deemed approved.

(2) If an SWM site plan is submitted as a component of a subdivision and/or land development plan, the SWM site plan shall be reviewed in accordance with the review process and time frame established in the Mount Joy Township Subdivision and Land Development Ordinance and in accordance with Section 508 of the Pennsylvania Municipalities Planning Code.[1]

[1] Editor's Note: See 53 P.S. § 10508.

(3) NPDES permit technical coordination. Where the project for which an SWM site plan is submitted is subject to NPDES permitting, Mount Joy Township shall notify the Adams County Conservation District when the applicant has achieved technical compliance with the requirements of this chapter with respect to SWM site plan requirements. Mount Joy Township may address this requirement through the completion of the Technical Review Checklist or comparable process as determined by Mount Joy Township. Upon receipt of this notification, the Adams County Conservation District will acknowledge a general NPDES permit, provided all the NPDES permit criteria are met. In the case of an Individual NPDES permit, the Adams County Conservation District will coordinate municipal reviews with the DEP Regional Office.

(4) NPDES permits and E&S plans. Where the project for which an SWM site plan is submitted is subject to NPDES permitting or the submission of an E&S plan, or both, any final approval of the SWM site plan by Mount Joy Township shall be conditioned on the applicant's receipt of the required NPDES permit or E&S plan approval, as appropriate.

(5) Approvals from regulating agencies. Evidence of all appropriate approvals from regulating agencies, including, but not limited to, the Pennsylvania Department of Environmental Protection, Adams County Conservation District, and/or the United States Army Corps of Engineers, with regards to storm drainage and stormwater management shall be submitted to the Township.

C. Waiver requests.

(1) The Board of Supervisors may grant a waiver of one or more of the requirements of this chapter. Any such waiver shall comply with the following requirements:

(a) All requests for waiver shall be submitted by the applicant in writing and shall accompany and be a part of the application for approval of an SWM site plan. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the ordinance involved, and the minimum waiver necessary to afford relief.

(b) The Board of Supervisors may grant a waiver of a requirement if the literal enforcement will enact undue hardship because of peculiar conditions pertaining to the land in question, provided that such waiver will not be contrary to the public interest and that the purpose and intent of the ordinance is observed.

(c) If an SWM site plan is not submitted as a component of a subdivision or land development plan, the Board of Supervisors shall act to grant or deny a waiver within the context of its SWM site plan decisionmaking process established in § 81-403 of this chapter. The decision of the Board of Supervisors regarding acceptance of each request for waiver shall be incorporated into the written decision of the Board of Supervisors for the overall SWM site plan as required in § 81-403B of this chapter.

(d) If an SWM site plan is submitted as a component of a subdivision and land development plan, the Board of Supervisors shall act to grant or deny a waiver within the context of its decisionmaking process established in the Mount Joy Township Subdivision and Land Development Ordinance and in accordance with Section 81-508 of the Pennsylvania Municipalities Planning Code. The decision of the Board of Supervisors regarding acceptance of each request for waiver shall be incorporated into the written decision of the Board of Supervisors for the subdivision or land development plan.

(2) The final decision to grant or deny a waiver to the requirements of §§ 81-302, 81-303, 81-304, 81-305 and 81-310 of this chapter shall be made in accordance with § 81-301L.

(3) The Board of Supervisors shall keep a written record of all action on requests for waivers from this chapter.

§ 81-404 Revision of SWM site plans.

A. SWM site plan not submitted as a component of a subdivision and/or land development plan. Revisions to a previously approved SWM site plan to incorporate a change in SWM BMPs or techniques, or the relocation or redesign of SWM BMPs, or different information about soil or other conditions from what was stated in the SWM site plan, shall be submitted by the applicant to Mount Joy Township. Mount Joy Township, at its sole discretion, may require a resubmission of the revised SWM site plan in accordance with this chapter, including the applicable review fee. For NPDES-permitted sites, any revised SWM site plan shall be resubmitted to the Adams County Conservation District for its review. In the case of an SWM site plan which contains minor deficiencies (such as a missing label, omission of a required note or minor construction detail), at its sole discretion, Mount Joy Township may accept a resubmission of such SWM site plan without the requirement of a full review fee, or with a lesser fee, as determined by Mount Joy Township.

B. SWM site plan submitted as a component of a subdivision and/or land development plan. A revision of an SWM site plan approved as a component of a subdivision and/or land development plan shall be treated as a revision of the subdivision and/or land development plan and shall be subject to the review process established in the Mount Joy Township Subdivision and Land Development Ordinance.

§ 81-405 Resubmission of disapproved SWM site plans.

A. SWM site plan not submitted as a component of a subdivision and/or land development plan. A previously disapproved SWM site plan may be resubmitted with the revisions addressing the defects of the original submission as listed in the Mount Joy Township decision provided in accordance with § 81-403B(1)(b). The resubmitted SWM site plan shall be reviewed and acted upon in accordance with § 81-403B(1) of this chapter. The applicable review fee must accompany the submission of a revised SWM site plan, unless such fee is waived by Mount Joy Township.

B. SWM site plan submitted as a component of a subdivision and/or land development plan. The resubmission of the SWM site plan originally submitted as a component of a subdivision and/or land development plan shall be treated as resubmission of said subdivision and/or land development plan and shall be subject to the review process established in the Mount Joy Township Subdivision and Land Development Ordinance.

§ 81-406 Authorization to construct and term of validity.

A. SWM site plans not submitted as a component of a subdivision and/or land development plan. Mount Joy Township's approval of an SWM site plan, when such plan is not submitted as a component of a subdivision and/or land development 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. Terms of validity shall commence on the date Mount Joy Township signs the decision for an SWM site plan. If an approved SWM site plan is not completed according to § 81-407 within the term of validity, and if a request to extend the permit has not been submitted to Mount Joy Township by the applicant, the permit terminates, and Mount Joy Township may revoke any and all permits applicable to the project. SWM site plans for projects with expired permits may be resubmitted in accordance with § 81-405 of this chapter.

B. SWM site plans submitted as a component of a subdivision and/or land development plan. Mount Joy Township's approval of an SWM site plan as a component of a subdivision and/or land development plan is subject to the term of validity as specified in the Mount Joy Township Subdivision and Land Development Ordinance.

§ 81-407 Construction, inspection, completion certificate, and as-built plans.

A. No stormwater management facilities or portion thereof shall be constructed, buried or otherwise permanently covered unless and until the inspection of that stage by the Township Engineer has been performed and that stage of construction has been approved.

B. Prior to commencing construction of stormwater management facilities, the applicant shall contact the Township Engineer a minimum of seven business days prior to the start of construction to determine at which stages of construction the facilities shall be inspected.

C. The applicant shall contact the Township Engineer a minimum of two business days prior to the start of the construction process for each stage to schedule an inspection.

D. During inspection, if it is found that the work is not consistent with the approved SWM site plan, the Township Engineer may refuse to approve further work until compliance with the approved SWM site plan is obtained.

E. During inspection, if it is found that the soil or other conditions are not as stated or shown in the application and the approved SWM site plan, the Township Engineer may refuse to approve further work, and the Board of Supervisors or its designee may revoke any or all permits and/or agreements until approval is obtained for a revised soil erosion and sedimentation control plan conforming to existing conditions.

F. If, at any stage of the work, the Township Engineer determines by inspection that the nature of the work is such that further work as authorized by an existing permit is likely to endanger property or streets or create hazardous conditions, the Township may require as a condition to allowing the work to be done that such reasonable safety precautions be taken as the Township Engineer considers advisable to avoid such likelihood of danger.

G. No person shall interfere with or obstruct the ingress or egress to and from any project site by the Township Engineer engaged in the inspection of work for compliance with the approved SWM site plan.

H. Final inspection:

(1) SWM site plans not submitted as a component of a subdivision and/or land development plan. The stormwater management facilities constructed in accordance with an SWM site plan not submitted as a component of a subdivision and/or land development plan shall be subject to the following process upon the completion of construction of said facilities.

(a) The applicant shall contact the Township Engineer within seven business days of the completion of the construction process for the project to schedule a final inspection of the constructed improvements to confirm consistency with the approved SWM site plan.

(b) Following the final inspection, the Township or its designee may take one of the following two actions:

[1] Issue a completion certificate. A completion certificate may be issued when the Township or its designee determines that the stormwater management facilities have been constructed in conformance with the approved SWM site plan.

[2] Issue correspondence regarding discrepancies. If the Township or its designee determines that the stormwater management facilities have not been constructed in accordance with the approved SWM site plan, the Township or its designee shall issue correspondence addressed to the applicant summarizing the discrepancies from the approved SWM site plan. Such correspondence does not by itself constitute an extension of any applicable SWM permit.

(c) Upon receipt of correspondence summarizing discrepancies in the constructed stormwater facilities, the applicant shall apply for permit extensions, when necessary, and take one of the following two actions:

[1] Reconstruct the required stormwater management facilities in a manner that complies with the approved SWM site plan. Prior to commencement of the reconstruction work, the applicant shall contact the Township Engineer for an inspection schedule in accordance with the process established in § 81-407.

[2] Submit a revised SWM site plan in accordance with the process established in § 81-404A. The revised SWM site plan shall be consistent with the improvements as constructed. Upon receipt, the Township Engineer shall review the revised SWM site plan in accordance with the review and approval process of § 81-403. If the revised SWM site plan is approved, the Township shall issue a completion certificate. If the revised SWM site plan fails to demonstrate that the constructed stormwater management facilities can comply with the requirements of this chapter, the applicant shall reconstruct the required stormwater facilities in accordance with the originally approved SWM site plan, subject to inspection as provided for in § 81-407.

(d) Within 15 days of the issuance of a completion certificate, the applicant shall submit to the Township an as-built plan depicting the stormwater management facilities as constructed. If requested by the applicant, the Township may grant an extension of the deadline to submit an as-built plan.

(2) SWM site plans submitted as a component of a subdivision and/or land development plan.

(a) The stormwater management facilities constructed in accordance with an SWM site plan submitted as a component of a subdivision and/or land development plan shall be subject to the inspection and completion of improvements requirements of the Mount Joy Township Subdivision and Land Development Ordinance and Sections 81-509 through 81-511 of the Pennsylvania Municipalities Planning Code.[1]

[1] Editor's Note: See 53 P.S. §§ 10509 through 10511.

(b) Within 15 days of the final inspection and approval of the constructed stormwater management facilities, the applicant shall submit to the Township an as-built plan depicting the stormwater management facilities as constructed. If requested by the applicant, the Township may grant an extension of the deadline to submit an as-built plan.