A.
For any of the development activities regulated by this chapter as defined pursuant to § 198-4E, the final approval of subdivision and/or land development plans, the issuance of any building, zoning, or certificate of occupancy (or the equivalent thereof), or the commencement of any land disturbance activity may not proceed until the property owner, applicant or their authorized agent (as verified by the Township) has obtained approval of a stormwater management plan [stormwater management site plan (SMSP) or simplified stormwater management site plan (SSMSP), as applicable] or approval of a stormwater management exemption by the Township.
B.
Recordation of a final approved subdivision and/or land development plan at the Delaware County Recorder of Deeds shall constitute approval of the stormwater management site plan (SMSP) required for such regulated activities. For all recorded subdivisions and/or land developments, no construction activity, tree/vegetation clearing, or ground disturbance may commence until a grading and excavating permit (aka soil erosion and sedimentation control permit) is approved by Middletown Township pursuant to the requirements of Chapter 186 of the Township Code. The SMSP shall include all items identified pursuant to § 198-22.
C.
For all regulated development activities that do not qualify for exemption from the provisions of this chapter (pursuant to § 198-5B and C of this chapter), and that are not a subdivision or land development, approval of a stormwater management site plan (SMSP) shall be required. Approval of the SMSP shall be accomplished at time of approval, by Middletown Township, of a grading and excavating permit application, submitted by the applicant (or approved agent/designee of the owner), pursuant to the requirements of Chapter 186 of the Township Code (aka Soil Erosion and Sedimentation Control). No construction activity, tree/vegetation clearing, or ground disturbance associated with such regulated activities may commence until a grading and excavating permit application is approved by the Township and a permit is issued to the applicant, by the Township Director of Planning and Development. The SMSP shall include all items identified pursuant to § 198-22.
D.
A simplified stormwater management site plan (SSMSP) shall be required in conjunction with a permit for regulated development activities qualifying for exemption of the provisions of this chapter pursuant to § 198-5C. Approval of the SSMSP shall be accomplished at time of approval, by Middletown Township, of a grading and excavating permit application, submitted by the applicant (or approved agent/designee of the owner), pursuant to the requirements of Chapter 186 of the Township Code (Grading and Excavating, aka Soil Erosion and Sedimentation Control). No construction activity, tree/vegetation clearing, or ground disturbance associated with such regulated activities may commence until a grading and excavating permit application is approved by the Township and a permit is issued to the applicant, by the Township Director of Planning and Development. The SSMSP shall include all items identified pursuant to § 198-23.
E.
The SMSP or SSMSP approved by the Township shall be available to
view on a development site throughout the duration of the regulated
activity.
F.
Approval of a stormwater management plan is not required for regulated activities exempt pursuant to § 198-5B of this chapter, but approval of a stormwater management exemption must be issued by the Township pursuant to § 198-5B and F prior to commencement of construction activities, tree/vegetation clearing, or ground disturbance.
For all regulated activities that are not exempt from provisions of this chapter, a stormwater management site plan (SMSP) is required and shall consist of all applicable calculations, maps, and plans as described in this chapter. 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 SMSP documents, reports and calculations shall be submitted to the Township in a format that is clear, concise, legible, neat, and well organized; otherwise, the stormwater management site plan shall be disapproved and returned to the applicant. A SMSP and related documentation/reports shall be prepared by qualified professional(s), as applicable, including but not limited to professional land surveyors or engineers licensed in the Commonwealth of Pennsylvania. The following items shall be included with submission of any stormwater management site plan (SMSP) for approval by the Township (Refer to § 198-22J for additional SMSP requirements related to subdivision and/or land development applications.):
A.
Three copies of the completed Township grading and excavating (aka soil erosion and sedimentation control) permit application form. (Refer to § 198-21B.)
B.
Grading and excavating (aka soil erosion and sedimentation control)
permit application fee and escrow, as established by separate resolution
of The Township Council.
C.
Feasibility analysis.
(1)
A feasibility analysis that evaluates the potential application of infiltration, flow attenuation, bioretention, wetland, or wet pond BMPs must be submitted with the stormwater management site plans required in Article IV.
(2)
The feasibility analysis must allow the Township to review the general
soil characteristics of a site and the proposed development for that
site and determine if infiltration BMPs or wet pond or artificial
wetland BMPs could have been more thoroughly pursued for use by the
applicant. The information required in the analysis shall be detailed
enough to determine the potential applicability of these BMPs for
a proposed development, but general enough not to force an applicant
into incurring excessive cost associated with conducting laborious
field and/or laboratory soil testing for a site which ultimately may
not be suitable for infiltration or wet pond or artificial wetland
BMP implementation. Applicants are expected to use these BMPs wherever
possible and are required to provide adequate justification if these
BMPs are not to be implemented. Applicants for those sites that are
determined to be generally suitable from these analysis (taking into
consideration the areal extent of suitable soils necessary to accommodate
an infiltration or wet pond or wetland BMP for the type and size of
development proposed) are required to conduct the detailed soil testing
and other feasibility testing required in other sections of this chapter
which contain the description and additional design criteria of these
BMPs.
(3)
This analysis shall provide:
(a)
A general assessment of the anticipated additional runoff based on the design storm and post-development condition and utilizing the calculation procedures required in § 198-18;
(b)
Indication of drainage areas on the development site resulting
in impervious, pervious, and rooftop runoff;
(c)
Indication of type of land use (residential, nonresidential)
generating the impervious surface runoff;
(d)
A delineation of soils on the site from the NRCS, soil survey
and on-site soil study. The soil study shall be conducted by a soil
scientist and shall include sufficient probes/deep holes to evaluate
application of BMPs;
(e)
Indication of soils generally suitable for infiltration and/or
wet pond/artificial wetland BMPs;
(f)
Calculated acreage of suitable soils for infiltration BMPs and
wet pond or artificial wetland BMPs and percentage of suitable soils
based on total site acreage;
(g)
Calculated acreage of suitable soils for infiltration BMPs and
wet pond or artificial wetland BMPs made unavailable due to proposed
development layout and justification that alternative development
layout which would reduce impact on suitable soil availability is
unfeasible;
(h)
An analysis of potential infiltration or wet pond or artificial wetland BMPs which could be implemented to manage the projected post-development runoff with consideration of suitable soil availability runoff point of and type of land use (items in Subsection C(3)(b) and (c) above) and the general design standards and maintenance issues included in this chapter, including an indication of how most post-development runoff can be managed by these BMPs (e.g., the entire post-development runoff or partial amount of runoff expressed as a percentage); and
(i)
The rationale for the decision to not proceed with implementation
of infiltration BMPs or wet pond or artificial wetland BMPs, such
as excessive cost of implementation, insufficient soil suitability,
and development constraints.
D.
A detailed geologic evaluation of the project site pursuant to § 198-15D and Appendix B[1] of this chapter shall be performed to determine the suitability
of recharge facilities. The evaluation shall be performed by a qualified
geologist and/or soil scientist, and shall address, at a minimum,
soil permeability, depth to bedrock, susceptibility to sinkhole formation,
and subgrade stability.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
E.
Whenever stormwater management facilities will be located in an area
underlain by limestone or in proximity to known sinkholes or other
karst features, a geological evaluation of the proposed location shall
be conducted to determine susceptibility to sinkhole formations. The
design of all stormwater BMPs over karst/limestone formations or in
proximity to known sinkholes shall include measures to prevent groundwater
contamination and, where necessary, sinkhole formation. Installation
of an impermeable liner shall be required in stormwater management
BMPs to be constructed over or in close proximity (less than 150 feet)
to limestone, other known sinkholes, or karst features. The following
note shall be attached to all stormwater management site plans and
signed and sealed by the applicant's professional engineer:
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"I, ______________, certify that the proposed stormwater management
facilities (circle one) are/are not in close proximity to known sinkholes,
karst features, underlain by limestone or in proximity to geology
associated with the formation of voids and sinkholes."
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F.
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.
G.
Three copies of the stormwater management site plan for the parcel
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 Delaware County. All existing
surface features required to be depicted on the plan must be obtained
from a field survey of the development site prepared by a qualified
professional licensed in the Commonwealth of Pennsylvania. The plan
must include the date of survey and the professional seal of the individual(s)
responsible for completing the survey and identification of existing
features. The contents of the plan shall include, but not be limited
to:
(1)
The location of the project relative to highways, municipalities,
or other identifiable landmarks. Property boundaries of the development
site must be shown based on a field survey prepared by a professional
land surveyor licensed in the Commonwealth of Pennsylvania. The plan
must show property corners located and include the date of survey
and the professional seal of the land surveyor responsible for completing
the boundary survey. The zoning district in which the property is
located shall be shown including bulk zoning data (required, existing
and proposed).
(2)
Watershed(s) within which the project is located (e.g., Chester Creek,
Ridley Creek, etc.).
(3)
Existing contours at intervals no greater than two feet.
(4)
Existing streams, lakes, ponds, surface waters, watercourses or other
bodies of water within the project area and all drainage channels
leading to or from such surface waters.
(5)
Other physical features, including riparian corridors, floodplains,
sinkholes, streams, existing surface waters, wetlands, areas of natural
vegetation to be preserved, and the total extent of the upstream area
draining through the site.
(6)
The locations of all existing and proposed utilities, sanitary sewers,
and water lines located on the site and/or within 50 feet of property
lines with minimum setback distances for all existing and proposed
water supply wells and on-lot sewage disposal systems.
(7)
An overlay showing soil names and boundaries. This overlay shall
include a table on the map showing the recharge capabilities of each
soil represented on site in inches per hour and describe their recharge
or infiltration capabilities.
(8)
Proposed changes to the land surface and vegetative cover, including
a tabulation of impervious surface area which identifies the type
of surface and the quantity of existing impervious surface area, existing
impervious surface area to be removed and proposed impervious surface
area.
(9)
Proposed structures, roads, paved areas, and buildings. Where pervious
pavement is proposed for parking lots, recreational facilities, nondedicated
streets, or other areas, detailed pervious pavement construction specifications
shall be noted on the plan. All pervious pavement areas of a development
site must be permanently posted with legible signs summarizing the
maintenance requirements of pervious paving as well as other restrictions
on use/maintenance of such areas (i.e., activities that would adversely
impact the ability of the surface to absorb water).
(10)
Required and proposed structure setbacks to property boundaries
shall be shown.
(11)
Final proposed contours at intervals no greater than two feet.
(12)
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.
(13)
The date of submission.
(14)
A graphic and written scale of one inch equals no more than
50 feet. For tracts of 20 acres or more, the scale may be one inch
equals no more than 100 feet.
(15)
Location map identifying the site relative to streets and other
parcels in the vicinity of the site and depicting zoning district
boundaries.
(16)
A North arrow.
(17)
The total tract boundary and size with distances marked to the
nearest foot and bearings to the nearest degree.
(18)
Existing and proposed land use(s).
(19)
A key map showing all existing man-made features beyond the
property boundary that may be affected by the project, or that may
impact the development proposal.
(20)
Horizontal and vertical profiles of all open channels, including
hydraulic capacity.
(21)
All existing and proposed stormwater management facility and/or
drainage easements described by metes and bounds, including the purpose
and ownership and maintenance provisions for each easement.
(22)
A twenty-foot-wide access easement around all stormwater management
facilities that would provide ingress to and egress from a public
right-of-way or paved driveway within an existing or proposed easement
that accesses a public right-of-way.
(23)
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.
(24)
A certification on the plan, signed by the landowner, acknowledging
the stormwater management system to be a permanent fixture that may
not be altered or removed without written approval of a revised plan
by the Township, which shall be recorded with the record plan and
which shall be applicable to all future owners of the property.
(25)
The location of all erosion and sedimentation control facilities
and an erosion and sedimentation control plan.
(26)
Riparian corridor area and floodplain shall be shown on the
plan.
(27)
Steep and very steep slopes, as defined by Middletown Township Code Chapter 275, shall be shown on the plan.
(28)
The following signature block for the design engineer:
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"(Design engineer), on this date (date of signature), has reviewed and hereby certifies
that the stormwater management site plan meets all design standards
and criteria of the Middletown Township Stormwater Management Ordinance,
Township Code Chapter 198."
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(29)
Design professional signature.
(a)
The following signature block for the certified design professional:
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"(Design professional), on this date (date of signature), has reviewed the project site, parcel(s) and surrounding areas and hereby certifies that there are no wetlands, waters of the United States, regulated surface waters or areas subject to inundation by the 100-year frequency rainfall event, as defined by this chapter 198 and other applicable Township codes, within the parcel(s) being developed or within the minimum required setbacks from such features if such features are outside of the parcel(s) boundary."
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(b)
Alternatively, if any of these features do exist on the development
parcel(s) or in proximity to the parcel(s), the plan shall show such
features and must include a signed and dated statement from a qualified
professional indicating date of identification of such features and
certifying location and extent of features identified on the plan.
(30)
The stormwater management site plan shall include an operation
and maintenance plan for all existing and proposed stormwater management/BMP
facilities, addressing long-term ownership and maintenance responsibilities
for such facilities, including schedule for operation and maintenance
activities.
H.
Required supplemental information.
(1)
A written description of the following information shall be submitted:
(a)
The overall stormwater management concept for the project.
(b)
Three copies of stormwater runoff computations as specified
in this chapter, signed and sealed by a qualified technical professional.
(c)
Stormwater management techniques to be applied both during and
after development.
(d)
Expected project time schedule.
(2)
An erosion and sedimentation control plan, where applicable, including
all reviews and approvals, as required by PADEP and/or Delaware County
Conservation District.
(3)
A geologic assessment of the effects of runoff on limestone, karst
geology or sinkholes as specified in this chapter.
(4)
The effect of the project (in terms of runoff volume, peak flow,
and discharge duration) on adjacent properties and on any existing
Township stormwater collection system that may receive runoff from
the project site.
(5)
Highway occupancy permit from the PennDOT District Office when utilization
of a PennDOT storm drainage system is proposed.
(6)
An operations and maintenance (O&M) plan for all existing and proposed physical stormwater facilities, as well as schedules and costs for O&M activities. The plan shall address long-term ownership and responsibilities for O&M. Operation and maintenance agreements for privately owned stormwater management facilities/BMPs must be executed by the applicant/owner pursuant to § 198-40 of this chapter.
I.
Stormwater management BMPs.
(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 proposed, the locations of existing and proposed septic
tanks and seepage areas and wells must be shown. A minimum separation
distance of no less than 50 feet shall be provided between any septic
system and any facility used for stormwater management. An analysis
shall be submitted to verify that stormwater infiltration shall not
affect groundwater elevations of the septic drain field site if this
distance is approved by the Township to be less than 50 feet. In no
case shall this distance be less than 20 feet.
(3)
All calculations, assumptions, and criteria used in the design of
the stormwater management facilities must be shown. If multiple facilities
are proposed in conjunction with each other, such as infiltration
best management practices with vegetation-based management practices,
a summary narrative shall be included describing any sequence and
how the facilities are meant to function with each other to manage
stormwater runoff.
(4)
All stormwater management/BMP facility easements required by this
chapter must be shown on the stormwater management site plan, including
the bearing and distance of each segment of the easement(s) boundary.
J.
Additional requirements related to subdivisions and/or land development
applications.
(1)
A grading and excavating (aka soil erosion and sedimentation control) permit application form is not required at the time of submission of the subdivision and land development application. (Refer to Township Code, Chapter 210 for submission documents/requirements for subdivisions and/or land developments.) A grading and excavating permit application (and form) is required upon approval and recordation of the subdivision and/or land development plan, prior to commencement of construction activity, tree/vegetation clearing, or ground disturbance, and shall be submitted as described in § 198-22.
(2)
A fee for review of an SMSP, separate from that required in conjunction with a subdivision and/or land development application, is not required until time of submission of the grading and excavating permit application identified in § 198-22J(1). A separate escrow is not required as long as the escrow posted with the Township, in conjunction with the subdivision and/or land development application, remains in good standing and in an amount exceeding the minimum required by the Township.
(3)
The SMSP and stormwater management calculations (report) shall be
included with the subdivision and/or land development plan and application
and shall include the same number of copies required with the subdivision/land
development application.
For all regulated activities that qualify for the simplified stormwater management approach (i.e., exempt from certain provisions of this chapter pursuant to § 198-5C), a simplified stormwater management site plan (SSMSP) is required for approval by the Township. SSMSPs and related documentation shall be prepared by qualified professional(s) as applicable, including but not limited to professional land surveyors or engineers licensed in the Commonwealth of Pennsylvania. The following items shall be included with submission of any simplified stormwater management site plan (SSMSP) for approval by the Township:
A.
Three copies of the completed Township grading and excavating permit application pursuant to Township Code, Chapter 186, Grading and Excavating (aka Soil Erosion and Sedimentation Control).
B.
Grading and excavating (aka soil erosion and sedimentation control)
permit application fee and escrow, as established by separate resolution
of The Township Council.
C.
Three copies of the simplified stormwater management site plan for
the parcel containing, at a minimum, the following information:
(1)
Property boundaries (within 100 feet of the proposed improvements
and/or limit of ground disturbance) and area of the parcel, based
on deed information. Property boundaries shall be shown based on a
field survey prepared by a professional land surveyor licensed in
the Commonwealth of Pennsylvania. Plan must show property corners
located and include date of survey and professional seal of land surveyor
responsible for completing the boundary survey.
(2)
Location map identifying the site relative to streets and other parcels
in the vicinity of the site and depicting zoning district boundaries.
(3)
North arrow.
(4)
Within 100 feet of the proposed improvements and/or limit of ground
disturbance: location of significant natural and existing man-made
features, including but not limited to wetlands, watercourses, surface
waters, riparian corridors, woodlands, steep slopes, very steep slopes,
structures, parking areas, driveways, utilities, floodplains, flood
hazard boundaries, sinkholes, limestone/karst features, wells, and
on-lot septic systems within 100 feet of proposed impervious surface
areas and/or limit of proposed ground disturbance, regardless of the
location of the property boundary. The plan must include the date
of survey and the professional seal of the individual responsible
for completing the survey.
(5)
Location and dimensions of existing and proposed impervious surface
and other improvements, with setbacks drawn to relate the location
of same to property lines, streets, and existing features. Impervious
surface area tabulation must be provided identifying existing area
of impervious surface, existing impervious surface area to be removed,
and proposed impervious surface area. The plan must clearly delineate
the areas of existing impervious surfaces that are to be removed.
The tabulation must include all existing and proposed impervious surface
on the entire parcel. If required by the Zoning Officer to verify
compliance with the maximum permitted impervious surface area cover
percentage on the parcel, all existing impervious surface areas must
be shown on the plan, regardless of whether they are within 100 feet
of the proposed improvements and/or limit of disturbance.
(6)
Zoning district in which the property is located, including bulk
zoning data (required, existing and proposed).
(7)
Plan scale, as applicable.
(8)
Existing contours at intervals no greater than two feet.
(9)
Final proposed contours at intervals no greater than two feet.
(10)
Location and dimensions of proposed infiltration BMP(s), including design calculation and BMP construction details. Projects meeting the exemption criteria established by Tables 198-5.1 and 198-5.2 shall construct a stormwater management infiltration facility (BMP) capable of capturing, storing and infiltrating the first two inches of rainfall generated by the net increase in impervious surface area (or the equivalent thereof). The physical surface area of infiltration BMPs (the surface on which water is infiltrated) shall be no less than 20% of the net increase of impervious surface area. Infiltration BMPs must be constructed in accordance with Middletown Township standards and specifications and provisions of § 198-19 of this chapter, unless an alternative construction specification is approved by the Township Engineer.
(11)
An overlay showing soil names and boundaries. This overlay shall
include a table on the map showing the recharge capabilities of each
soil represented on site in inches per hour and describe their recharge
or infiltration capabilities.
(12)
Watershed(s) within which the project is located (e.g., Chester
Creek, Ridley Creek, etc.).
(13)
A graphic and written scale of one inch equals no more than
50 feet. For tracts of 20 acres or more, the scale may be one inch
equals no more than 100 feet.
(14)
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.
(15)
Proposed changes to the land surface and vegetative cover. Proposed
structures, driveways, parking areas, paved areas, concrete surfaces,
pavers, structures and buildings. Required and proposed structure
setbacks from the property boundaries shall be shown.
(16)
A key map showing all existing man-made features beyond the
property boundary that may be affected by the project or that may
impact the development proposal.
(17)
An operation and maintenance plan for all existing and proposed
stormwater management/BMP facilities, addressing long-term ownership
and maintenance responsibilities for such facilities, including schedule
for operation and maintenance activities.
(18)
An erosion and sedimentation control plan pursuant to Chapter 186 of the Middletown Township Code (Grading and Excavating, aka Soil Erosion and Sedimentation Control), including all reviews and approvals, as required by PADEP and/or Delaware County Conservation District.
(19)
Riparian corridor area and floodplain shall be shown on the
plan.
(20)
A certification on the plan, signed by the landowner, acknowledging
the stormwater management system to be a permanent fixture that may
not be altered or removed without written approval of a revised plan
by the Township, which shall be recorded with the stormwater operation
and maintenance agreement, and which shall be applicable to all future
owners of the property.
(21)
The following signature block for the certified design engineer:
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"(Design engineer), on this date (date of signature), has reviewed and hereby certifies
that the simplified stormwater management site plan meets all design
standards and criteria of the Middletown Township Stormwater Management
Ordinance, Township Code Chapter 198."
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(22)
Design professional signature.
(a)
The following signature block for the certified design professional:
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"(Design professional), on this date
(date of signature), has reviewed the project site, parcel(s) and surrounding areas and hereby certify that there are no wetlands, waters of the United States, regulated surface waters or areas subject to inundation by the 100-year frequency rainfall event, as defined by this chapter 198 and other applicable Township codes, within the parcel(s) being developed or within the minimum required setbacks from such features if such features are outside of the parcel(s) boundary."
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(b)
Alternatively, if any of these features do exist on the property
or in proximity to the development site, the plan shall show such
features and must include a signed and dated statement from a qualified
professional indicating date of identification of such features and
certifying location and extent of features identified on the plan.
(23)
Locations of existing and proposed septic tanks and seepage
areas and wells must be shown. A minimum separation distance of no
less than 50 feet shall be provided between any septic system and
any facility used for stormwater management. An analysis shall be
required to verify that stormwater infiltration shall not affect groundwater
elevations of the septic drain field site, if this distance is approved
by the Township to be less than 50 feet. In no case shall this distance
be less than 20 feet.
(24)
Steep and very steep slopes, as defined by Middletown Township Code Chapter 275, shall be shown on the plan.
(25)
Whenever stormwater management facilities will be located in
an area underlain by limestone or in proximity to known sinkholes
or other karst features, a geological evaluation of the proposed location
shall be conducted to determine susceptibility to sinkhole formations.
The design of all stormwater BMPs over karst/limestone formations
or in proximity to known sinkholes shall include measures to prevent
groundwater contamination and, where necessary, sinkhole formation.
Installation of an impermeable liner shall be required in stormwater
management BMPs to be constructed over or in close proximity (less
than 150 feet) to limestone other known sinkholes, or karst features.
The following note shall be attached to all simplified stormwater
management site plans and signed and sealed by the applicant's
professional engineer:
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"I,____________, certify that the proposed stormwater management
facilities (circle one) are/are not in close proximity to known sinkholes,
karst features, underlain by limestone or in proximity to geology
associated with the formation of voids and sinkholes."
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D.
Required supplemental information.
(1)
Operation and maintenance agreement for privately owned stormwater management facilities/BMPs must be executed by the applicant/owner and recorded at the Delaware County Recorder of Deeds, pursuant to § 198-40 of this chapter, upon approval of the SSMSP, but prior to issuance of grading and excavating permit by the Township.
(2)
Highway occupancy permit from the PennDOT District Office when utilization
of a PennDOT storm drainage system is proposed.
E.
The following requirements of this chapter are not applicable to
regulated activities eligible for the simplified stormwater management
approach:
For all activities regulated by this chapter, the steps below
shall be followed for submission of a stormwater management plan (SMSP
or SSMSP). For any activities that require a PADEP permit regulated
under Chapter 102 (Erosion and Sediment Control), Chapter 105 (Dam
Safety and Waterway Management) or Chapter 106 (Floodplain Management)
of PADEP's Rules and Regulations, a PennDOT highway occupancy
permit, or any other permit under applicable local, state, or federal
regulations, those permit(s) shall be part of the stormwater management
plan.
A.
For subdivision and/or land development applications, the SMSP shall
be submitted to the Township as part of any preliminary application
(or final, if preliminary is not required). The number of copies of
the SMSP and application fees and escrows shall be as stipulated by
the Township's subdivision and land development application requirements.
The SMSP will then be distributed by the Township for review by their
staff and/or consultants as part of the subdivision/land development
application.
B.
For all regulated activities that are not a subdivision and/or land
development, a minimum of three copies of the plan [and required grading
and excavating (aka soil erosion and sedimentation control) permit
application form, fees and escrow] shall be submitted directly to
the Township. The Township shall then distribute the stormwater management
plan to its staff and/or consultants for review. Two copies of the
stormwater management plan (and related plan/submission documentation)
will be forwarded to the Township Engineer for review.
A.
The Township Engineer shall review the stormwater management plan
for consistency with the requirements of this chapter, adopted Watershed
Act 167 stormwater management plans and other applicable Township
Code requirements. As a prerequisite to review of the plan by the
Township, a complete plan, required submission documentation/reports/calculations,
and applicable forms, fee and escrow, as specified in this chapter,
shall be required. Any stormwater management plan submission determined
to be incomplete by the Township shall not be reviewed and will be
returned to the applicant (except for those submitted with subdivisions
or land development applications; in such cases, the Township Engineer
will notify the applicant of deficiencies as part of the subdivision
and/or land development review).
B.
For an SMSP submitted with a subdivision and/or land development, the Township Engineer shall review the plan for compliance with provisions of Township Code, Chapter 210, Subdivision and Land Development, where not superseded by this chapter.
C.
For all activities regulated by this chapter, the Township Engineer shall notify the Middletown Township Director of Planning and Development, in writing, whether the stormwater management plan is consistent with Township Code requirements and other relevant regulations, including the requirements of this chapter. Should the stormwater management plan submitted by the applicant be determined to be consistent with the Township Code and other relevant regulations, the Township Engineer will forward a review letter recommending approval of the plan (with conditions, as applicable) to the Township and a copy of this recommendation will also be forwarded to the applicant. Recommendation of approval of a stormwater management plan by the Township Engineer is not approval to commence construction. Refer to § 198-21 of this chapter for requirements that must be satisfied prior to commencement of construction. Any disapproved stormwater management plan may be revised by the applicant and resubmitted consistent with this chapter.
D.
The Township shall not approve any subdivision and/or land development or regulated activities specified in § 198-4E(1) and (2) of this chapter if the stormwater management plan has been found to be inconsistent with adopted Watershed Act 167 stormwater management plan(s) and the requirements of this chapter. All required permits or approvals from PADEP and/or PennDOT must be obtained prior to, or as a condition of, final approval of a subdivision or land development.
E.
For all regulated activities that are not a subdivision or land development,
all required permits and approvals from PADEP, PennDOT or other regulatory
agencies must be obtained prior to approval of the stormwater management
plan and issuance of a permit by the Township to commence construction.
F.
The Middletown Township Building Code Official shall not issue a building permit for any regulated activity specified in § 198-4 of this chapter if the stormwater management plan has been found to be inconsistent with adopted Watershed Act 167 stormwater management plan(s) and the requirements of this chapter, as determined by the Township Engineer, or without considering the comments of the Township Engineer. All required permits and approvals from PADEP, PennDOT or other regulatory agencies must be obtained prior to issuance of a building permit.
G.
For regulated activities that are not a subdivision or land development, the Township's approval of a stormwater management site plan or simplified stormwater management site plan, submitted in conjunction with a grading and excavating (aka soil erosion and sedimentation control) permit application, shall be valid for the same time period as the grading and excavating (aka soil erosion and sedimentation control) permit issued in conjunction with the stormwater management plan. Expiration and extension of a grading and excavating permit shall be in accordance with Township Code, Chapter 186. If stormwater management facilities included in the approved plan have not been constructed, or if an as-built survey plan of these facilities (pursuant to § 198-28 of this chapter) has not been approved prior to expiration of the grading and excavating permit, the Township may consider the stormwater management plan disapproved and may revoke any and all related permits. Plans that are considered disapproved by the Township shall be resubmitted in accordance with § 198-27 of this chapter.
H.
The Township's approval of a stormwater management site plan
submitted in conjunction with an approved subdivision and/or land
development shall remain valid and protected from any change in Township
Codes and Ordinances for a period of time consistent with the provisions
of the Pennsylvania Municipalities Planning Code.
A.
A modification to a submitted stormwater management site plan or simplified stormwater management site 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 plan as determined by the Township Engineer, shall require a resubmission of a modified stormwater management plan consistent with § 198-27 of this chapter and be subject to review as specified in § 198-25 of this chapter.
B.
A modification to an already approved or disapproved plan shall be
submitted to the Township, accompanied by the applicable Township
fees and escrow. A modification to a plan for which a formal action,
in writing, has not been taken by the Township shall be submitted
to the Township, accompanied by the applicable Township fees and escrow.
A disapproved stormwater management site plan or simplified stormwater management site plan may be resubmitted, with revisions addressing the Township Engineer's concerns, documented in writing, to the Township Director of Planning and Development in accordance with § 198-24 of this chapter and be subject to review as specified in § 198-25 of this chapter. The applicable Township fees and escrow must accompany resubmission of a disapproved Plan.
A.
The applicant for any regulated activity requiring a stormwater management
plan shall be responsible for completing an as-built survey, prepared
and certified by a professional engineer or professional land surveyor
licensed in the Commonwealth of Pennsylvania, of all stormwater management
facilities/improvements included on the approved plan. The as-built
survey and an explanation of any discrepancies between constructed
improvements and the approved design plan shall be submitted to the
Township Engineer for approval. In no case shall the Township approve
the as-built survey until the Township receives a copy of an approved
NPDES permit notice of termination (if applicable) from PADEP or the
Delaware County Conservation District.
B.
Completed stormwater management facilities and BMPs, including but
not limited to storm sewer, drainage pipe, collection and junction
structures, detention/retention basins, underground basins, infiltration
facilities and surface conveyance facilities (e.g., swales, berms,
diversions, etc.) shall be surveyed by a professional land surveyor
or engineer licensed in the Commonwealth of Pennsylvania, to verify
compliance with the character of stormwater management facilities
and proposed post-construction drainage areas (tributary to stormwater
management BMPs) as depicted on the approved stormwater management
plan. As-constructed plans shall be submitted to Middletown Township
for review and approval, upon completion of construction of all facilities
and prior to dedication of any public facilities and/or approval of
certificate of total completion (and release of financial security).
C.
Financial security required by the Township as part of a subdivision or land development, or security required pursuant to § 198-37 of this chapter, shall not be approved for release by the Township until the as-built survey plan of all completed stormwater management BMPs, as required by this chapter s been approved by the Township Engineer.
D.
As-built survey plans of all stormwater management detention/retention
basins and/or underground basins must be submitted to the Township
for review immediately upon completion of construction, and prior
to collection and conveyance of stormwater runoff from impervious
surfaces, to those facilities. For subdivisions and/or land developments,
certificates of occupancy for any structure shall not be approved
by the Township until stormwater management facilities that receive
runoff from such structures are constructed and the as-built survey
(of those facilities) is reviewed and approved by the Township Engineer.
A copy of the stormwater management plan approved by the Township
shall be on file at the development site throughout the duration of
the regulated development activity. Periodic inspections may be made
by the Township or designee during development activities.
It shall be unlawful for any person to undertake any regulated
activity on any property, except as provided for in the approved stormwater
management plan and, if applicable, the grading and excavating (aka
soil erosion and sedimentation control) permit plan, and pursuant
to the requirements of this chapter. It shall be unlawful to alter
or remove any stormwater management facility or BMP required by the
stormwater management plan pursuant to this chapter or to allow the
property to remain in a condition which does not conform to the approved
stormwater management plan.
At the completion of construction activity, and as a prerequisite for the release of the performance guarantee required pursuant to § 198-37, the applicant or their representatives shall:
A.
Provide a set of survey as-built drawings pursuant to § 198-28 of this chapter and/or, if applicable, Subdivision and Land Development Ordinance[1] requirements. The as-built submission shall include a certification statement (certification of completion) signed by a licensed, qualified professional verifying that all permanent stormwater management/BMP facilities have been constructed in accordance with the approved stormwater management plan and specifications. If stormwater management facilities/BMPs have been installed absent required inspection by the Township Engineer pursuant to § 198-33 of this chapter, the certification of completion shall also include material data sheets, proof of purchase of required materials and photo documentation verifying proper installation of all required facilities. The Township shall not be obligated to approve any certification of completion submitted for stormwater management facilities/BMPs that have been constructed without reasonable and required notice to the Township Engineer to schedule inspections.
B.
Contact the Township Engineer to request inspection of the site for
completion of stormwater management facilities and compliance with
the approved stormwater management plan and provisions of this chapter.
This final inspection shall be conducted by the Township Engineer
after receipt of the certification of completion.
C.
Certification of completion shall be reviewed and approved by the
Township Engineer.
A certificate of occupancy (CO) approval for any improvements constructed in conjunction with a subdivision and/or land development or other Township permit (requiring issuance of a CO) shall not be granted unless the certification of completion, pursuant to § 198-31 of this chapter, has been approved by the Township (in conjunction with regulated development activities requiring a stormwater management plan and stormwater improvements/BMPs).
