[Ord. No. 261, 3/6/2023]
For any regulated activity, unless exempt per the provisions of § 23-106:
1.
Preparation and implementation of an approved SWM site plan is required.
2.
For all activities regulated by this chapter, the applicant shall
submit a stormwater management plan and report prepared by a professional
engineer licensed in the Commonwealth of Pennsylvania, which shall
contain, but not be limited to, the following:
A.
All proposed improvements.
B.
All permanent and temporary stormwater facilities must be shown in
detail.
C.
A suitable map of the watershed for any and all named streams within
which the project is proposed (a United States Geological Survey quadrangle
map is usually sufficient) with existing and proposed development
areas presented on the map.
D.
The design computations for all proposed stormwater drainage systems,
including storm-drain pipes, inlets, runoff control measures and culverts,
drainage channels, and other features, facilities, and stormwater
management practices. The stormwater report shall include a background
description, summary, conclusions and table of contents.
E.
A note on the plan indicating the location, access easement and responsibility
for maintenance of stormwater management facilities that would be
located on- and/or off-site.
F.
All stormwater management facilities and BMPs must be located on
a plan and described in detail.
G.
When infiltration facilities such as seepage pits, beds or trenches
are used, the locations of existing and proposed septic tank infiltration
areas and wells must be shown.
H.
All calculations, assumptions, and criteria used in the design of
the stormwater management facilities must be shown.
I.
All site testing data used to determine the feasibility of infiltration
on a site.
3.
No regulated activity shall commence until the municipality issues
written approval of a SWM site plan, which demonstrates compliance
with the requirements of this chapter and, if required, a letter of
adequacy has been issued by the conservation district for an erosion
and sediment control plan.
4.
The preliminary or final approval of subdivision and/or land development
plans, and the issuance of any building or occupancy permit, shall
not proceed until the applicant has received written approval of a
SWM site plan from the municipality.
5.
The SWM site plan approved by the municipality shall be on-site throughout
the duration of the regulated activity.
[Ord. No. 261, 3/6/2023]
1.
The SWM site plan shall consist of a general description of the project including items described in § 23-304, calculations, maps, and plans. 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.
2.
The following items shall be included in the SWM site plan:
A.
General.
(1)
A general description of the proposed project.
(2)
A listing of all regulatory approvals required for the proposed
project and the status of the review and approval process for each.
Final approval or adequacy letters must be submitted to the municipality
prior to (or as a condition of) the municipality's issuing final
approval of the SWM site plan. Proof of application or documentation
of required permit(s) or approvals for the programs listed below shall
be part of the SWM site plan, if applicable:
(3)
A statement, signed by the applicant, acknowledging that any
revision to the approved SWM site plan shall be submitted to and approved
by the municipality, and that a revised erosion and sediment control
plan shall be submitted to, and approved by, the conservation district
or municipality (as applicable) for a determination of adequacy prior
to construction of the revised features.
(4)
A statement, signed by the landowner, acknowledging that the
stormwater management system is to be a permanent fixture that can
be altered or removed only after approval of a revised plan by the
Borough, and any revision to the approved drainage plan must be approved
by the Borough and the Chester County Conservation District.
(5)
The following signature block signed and sealed by the qualified
licensed professional responsible for the preparation of the SWM site
plan:
"I (name), on this date (date of signature), hereby certify
to the best of my knowledge that the SWM site plan meets all design
standards and criteria of the Honey Brook Stormwater Ordinance." [Note:
Include signature, name, discipline of professional license, and license
stamp or seal here.]
(6)
The following signature block for the municipality:
"On behalf of Honey Brook Borough, the Borough Engineer, on
this date, has reviewed and hereby acknowledges to the best of my
knowledge that the SWM site plan meets the intent of the design standards
and criteria of the Honey Brook Stormwater Ordinance."
B.
Maps or Plan Sheets. Map(s) or plan sheets of the site shall be submitted on minimum twenty-four-inch by thirty-six-inch sheets and shall be prepared in a form that meets the requirements for recording at the Chester County Office of the Recorder of Deeds and the requirements of the operation and maintenance (O&M) plan and O&M agreement (Part 7). If the SALDO has additional or more stringent criteria than this chapter, then the SALDO criteria shall also apply. Unless otherwise approved by the Municipal Engineer, the contents of the maps or plan sheets shall include, but not be limited to:
(1)
A location map, with a scale of one inch equals 1,000 feet or
greater, showing the site location relative to highways, municipal
boundaries, or other identifiable landmarks.
(2)
The name of the project, tax parcel number(s), and the names,
addresses and phone numbers of the owner of the property, the applicant,
and firm preparing the plan.
(3)
Signature and seal of the qualified licensed professional(s)
responsible for preparation of the maps and plan sheets.
(4)
The date of SWM site plan submission and revision dates, as
applicable.
(5)
A graphic and written scale of one inch equals no more than
50 feet.
(6)
A North arrow.
(7)
Legal property boundaries, including:
(a)
The total project property boundary and size with distances
marked to the nearest foot and bearings to the nearest degree.
(b)
Boundaries, size, and description of purpose of all existing
easements and deed-restricted areas of the project property, with
distances marked to the nearest foot and bearings to the nearest degree.
(8)
Existing natural resources and natural or man-made hydrologic
features that are located within the site or receiving discharge from,
or that may otherwise be impacted by, the proposed regulated activity,
including but not limited to:
(a)
All existing natural resources, hydrologic features and drainage
patterns including natural waterways, water bodies, wetlands, streams
(intermittent and perennial), ponds, lakes, vernal pools, etc., natural
infiltration areas and patterns, areas of significant natural evapotranspiration,
and other water features and aquatic resources.
(b)
Any existing man-made drainage features, BMPs, conveyances,
facilities, open channels, swales, drainage patterns, or other flood,
stormwater, or drainage control features.
(c)
For the site, discharge points and locations of concentrated
flows and their drainage areas.
(d)
For named waters, show names and their watershed boundaries
within the site.
(f)
For the water bodies, streams and wetlands identified in § 23-402, Subsection 2B(8)(a), label or otherwise show the following attributes, if applicable:
1)
The designated use as determined by PADEP (25 Pa. Code Chapter
93);
2)
Impairments listed on the PADEP "Integrated List" (as updated)
and the listed source and cause of impairment;
3)
Name, date, and target pollutant(s) for any approved total maximum
daily load (TMDL); and
4)
Drainages to water supply reservoirs.
(g)
Areas that are part of the Pennsylvania Natural Diversity Inventory
(PNDI) and a list of potential impacts and clearances received (for
regulated activities involving one acre or more proposed earth disturbance).
(h)
Woods, vegetated riparian buffers and other areas of natural
vegetation.
(i)
Topography using contours (with elevations based on established
benchmarks) at intervals of two feet. In areas of slopes greater than
15%, five-foot contour intervals may be used. The datum used and the
location, elevation and datum of any benchmarks used shall be shown.
(j)
Areas classified by the municipality as steep slopes.
(k)
Soil names and boundaries, general type of soils with hydrologic
soil group noted, and in particular note areas most conducive to infiltration
BMPs, such as groups A and B, etc., estimated permeabilities in inches
per hour, and location and other results of all soil tests and borings.
(l)
If present, areas with underlying carbonate geologic units,
existing sinkholes, subsidence or other karst features, and any associated
groundwater recharge areas with increased vulnerability to contamination.
(m)
Any contaminated surface or subsurface areas of the site.
(n)
Water Supply Wells.
1)
Location of existing well(s) on the project property and delineation
of the(ir) recharge area(s) (if known), or a fifty-foot-diameter assumed
recharge area.
2)
Location of existing well(s) within 50 feet beyond the boundary
of the project property boundary (if public water supply is proposed
for the regulated activity).
(o)
Current FEMA 100-year floodplain boundaries, elevations, and
floodway boundaries for any special flood hazard areas on or within
100 feet of the property. The source of these elevations shall also
be shown on the plans.
(9)
Location of the proposed regulated activity, limits of earth disturbance (disturbed area), and BMPs and conveyances relative to the location of existing natural resources and hydrologic features and special management areas resulting from the site design process of § 23-304.
(10)
Description of existing and proposed ground cover and land use
including the type and total area. The total area in square feet and
percent impervious cover shall be noted.
(11)
Existing and proposed man-made features including roads, paved
areas, buildings, and other impervious and pervious surfaces on the
project property (or an appropriate portion of the property as determined
in consultation with the Municipal Engineer) and within the proposed
disturbed area, and including the type and total area of the following:
(a)
Existing impervious surfaces (must differentiate existing impervious
surfaces installed after February 2, 2009);
(b)
Existing impervious surfaces proposed to be replaced;
(c)
Existing impervious surfaces to be permanently removed and replaced
with pervious ground cover;
(d)
New or additional impervious surfaces; and
(e)
Percent of the site covered by impervious surfaces for both
the existing and proposed post-construction conditions.
(12)
The total extent of the upstream area draining through the site.
A suitable map of the watershed for any and all named streams within
which the project is proposed (a United States Geological Survey quadrangle
map is usually sufficient) with existing and proposed development
areas presented on the map.
(13)
The location and test results for all soil probes and infiltration
testing holes.
(14)
All proposed BMPs, conveyances and other stormwater management
facilities shall be located on the plan sheets, including design drawings,
profile drawings, construction details, materials to be used, description
of function, etc.
(15)
Complete delineation of the flow paths used for calculating
the time of concentration for the predevelopment and post-construction
conditions shall be included.
(16)
The locations of all existing and proposed utilities, sanitary
sewers, on-lot wastewater facilities (including subsurface tanks and
leach fields), and water supply lines within the site and within 50
feet beyond the proposed limits of earth disturbance.
(17)
A grading plan, including all areas of proposed earth disturbance
and the proposed regulated activity and delineating the boundary or
limits of earth disturbance of the site. The total disturbed area
of the site shall be noted in square feet and acres.
(18)
Proposed final grade elevations and contours at intervals of
two feet. In areas of steep slopes (greater than 15%), five-foot contour
intervals may be used.
(19)
A note that confirmation infiltration tests are required for
all infiltration areas prior to construction.
(20)
A note that the permanent stormwater facilities and BMPs will
remain a permanent part of the topography and cannot be removed or
modified, unless approved by the municipality.
(21)
For each proposed BMP and conveyance included in the SWM site
plan (including any to be located on any property other than the property
being developed by the applicant), the following shall be included
on the SWM site plan map or plan sheets:
(a)
Identification of the person responsible for ongoing inspections,
operation, repair, and maintenance of the BMP or conveyance after
completion of construction.
(b)
Delineation of the land area, structures, impervious surfaces,
and conveyances draining to and from the BMP or conveyance.
(c)
Easements, as per the requirements of Part 7, that shall include:
1)
Boundaries labeled with distances shown in feet and bearings
to the nearest degree;
2)
Notes or other documentation, as needed, to grant the municipality
the right of access to all BMPs and conveyances for the purposes of
inspection and enforcement of the requirements of this chapter, and
any applicable O&M plans and O&M agreements;
3)
Notes or other documentation, as needed, to grant the municipality
the right of access to all roadways necessary to access all BMPs and
conveyances, where roadways are not to be dedicated to the municipality;
4)
Notes or other documentation as needed to grant the owner of
any BMP or conveyance the right of access for the purpose of inspection,
operation, maintenance, and repair of the BMP or conveyance that is
to be owned, operated, and maintained by a person other than the municipality,
and other than the owner of the property on which the BMP or conveyance
is located;
5)
A minimum fifteen-foot-wide perimeter (or other width as determined
in consultation with the Municipal Engineer) around all BMPs and conveyances;
6)
Sufficient vehicular ingress to and egress from a public right-of-way
or roadway, as determined in consultation with the Municipal Engineer;
and
7)
Accompanying notes or other documentation as needed, and in
accordance with Part 7 describing the type, purpose, and total area
of easements, who the easement is granted to, and the rights, duties,
and obligations of the parties with respect to every BMP or conveyance.
(d)
Boundaries of land areas (if any) for which deed restrictions
are required for the purpose of protecting and prohibiting disturbance
to a BMP or conveyance, indicating the area to which the restriction
applies with distances shown in feet and bearings to the nearest degree,
and a written description of the type, purpose, and nature of the
restriction.
(e)
Other items that may be needed to comply with all other requirements
of Part 7.
C.
A written description of the following information shall be included
in the SWM site plan:
(2)
How the site design achieves the requirements of § 23-304, and, if applicable, where they could not be achieved and why;
(4)
Proposed features and conditions, proposed erosion, and sediment
control features, proposed BMPs, conveyances, and any other stormwater
facilities;
(5)
A description of the effect of the project (in terms of flow
alteration and runoff volumes, water quality and peak flows, etc.)
on existing natural resources, hydrologic features and special management
areas, adjacent and downgradient properties, and any existing municipal
or other stormwater conveyance system(s), that may be affected by
or receive runoff from the regulated activity (whether located within
or outside of the area of the regulated activity), and specifics of
how erosion, water quality and flow impacts will be avoided or otherwise
mitigated;
(6)
Proposed nonpoint source pollution controls and justification
and confirmation that the proposed project will not result in any
increased pollutant loadings to any existing stream or stream impairment
identified by PADEP, or to any receiving water body;
(7)
Expected project time schedule;
(8)
Description of construction stages or project phases, if so
proposed;
(9)
A plan of the proposed stormwater drainage system attributable
to the activity proposed, including runoff calculations, stormwater
management practices to be applied both during and after development,
and the expected project time schedule; and
(10)
The design computations for all proposed stormwater drainage
systems, including storm-drain pipes, inlets, runoff control measures
and culverts, drainage channels, and other features, facilities, and
stormwater management practices. The stormwater report shall include
a background description, reference documents attached, summary, conclusions,
and table of contents.
D.
A detailed site evaluation conducted by a qualified licensed professional
for projects proposed in areas of carbonate geology or karst topography,
and other environmentally sensitive areas, such as contaminated sites
and brownfields, as described in of this chapter.
E.
A detailed soils evaluation and report of the site shall be conducted
by a qualified professional and at a minimum shall address soil permeability,
depth to bedrock, and subgrade stability.
F.
Provide stormwater runoff design computations and documentation, such as hydrologic, hydraulic, and structural computations, assumptions, BMP loading ratios, Appendix C exhibits, etc., consistent with the guidelines and criteria presented in the PA BMP Manual (as amended) or other guidance acceptable to the Municipal Engineer, and used in the design of the BMPs, conveyances and other features proposed to be utilized for stormwater management, or as otherwise necessary to demonstrate that the requirements of this chapter have been met, specifically including the requirements in §§ 23-301 and 23-304 through 23-311.
G.
Inspections, Operation and Maintenance Requirements. The following
documents shall be prepared and submitted to the municipality for
review and approval as part of the SWM site plan, in accordance with
the requirements of Part 7, for each BMP and conveyance included in
the SWM site plan (including any to be located on any property other
than the property being developed by the applicant):
(1)
A construction cost estimate of the proposed project improvements to be used for the financial security, per the requirements of § 23-110;
(2)
An O&M plan;
(3)
An O&M agreement;
(4)
Any easement agreements that are needed to ensure access, inspection,
maintenance, operation, repair and permanent protection of any permanent
BMP(s) and conveyances associated with the regulated activity;
(5)
Any written deed, deed amendment or equivalent document (if
needed) to be recorded against a subject property, as shown on the
SWM site plan maps or plan sheets, or recorded plan sheets for the
purpose of protecting and prohibiting disturbance to a BMP or conveyance;
and
H.
An erosion and sediment control plan, where applicable, as prepared for and submitted to the conservation district and/or municipality per § 23-303. A letter of adequacy from the conservation district, if applicable, must be submitted to the municipality prior to (or as a condition of) the municipality's final approval of the SWM site plan.
I.
A highway occupancy permit from the Pennsylvania Department of Transportation
(PennDOT) District Office must be submitted to the municipality prior
to (or as a condition of) the municipality's final approval of
the SWM site plan when utilization of a PennDOT storm drainage system
is proposed.
[Ord. No. 261, 3/6/2023]
A complete SWM site plan that complies with all applicable provisions of § 23-402 shall be submitted to the municipality for review and approval, as follows:
1.
The SWM site plan shall be coordinated with the applicable state
and federal permit process and the municipal SALDO review process.
All permit approvals or letters of adequacy not yet received by the
applicant at the time of submittal of the SWM site plan to the municipality
must be submitted to the municipality prior to (or as a condition
of) the municipality's final approval of the SWM site plan.
2.
For projects that require SALDO approval, the SWM site plan shall
be submitted by the applicant as part of the preliminary plan submission
where applicable for the regulated activity.
3.
For regulated activities that do not require SALDO approval, the
SWM site plan shall be submitted by the applicant for review in accordance
with instructions from the municipality and Appendix F.[1]
[1]
Editor's Note: Appendix F is included as an attachment to this chapter.
4.
The number of copies of the SWM site plan to be submitted by the
applicant for review shall be in accordance with instructions from
the municipality.
5.
The corresponding review fee shall be submitted to the municipality
simultaneously with the SWM site plan, per the municipality's
fee schedule.
6.
Any submissions to the municipality that are found to be incomplete
shall not be accepted for review and shall be returned to the applicant
within seven days, with a notification in writing of the specific
manner in which the submission is incomplete.
[Ord. No. 261, 3/6/2023]
1.
The SWM site plan shall be submitted to the municipality for review
by the Municipal Engineer for consistency with this chapter and the
respective PA Act 167 stormwater management plan(s). The Municipal
Engineer will review the SWM site plan for any subdivision or land
development for compliance with this chapter and the Municipal SALDO
provisions not otherwise superseded by this chapter.
2.
If applicable, the applicant shall have received a "letter of adequacy"
from the conservation district or other PADEP approval for the proposed
regulated activity prior to (or as a condition of) final approval
by the municipality.
3.
The Municipal Engineer will notify the applicant and the municipality
in writing, within 45 calendar days, whether the SWM site plan is
consistent with the requirements of this chapter. If the SWM site
plan involves a subdivision and land development plan, the notification
shall occur within the time period allowed by the MPC (as amended).[1] If a longer notification period is provided by other statute,
regulation, or ordinance, the applicant will be so notified by the
municipality.
A.
If the Municipal Engineer determines that the SWM site plan is consistent
with this chapter, the Municipal Engineer shall forward a letter of
consistency to the municipality, who shall then forward a copy to
the applicant.
B.
The municipality may approve the SWM site plan with conditions reasonably
defined to make the SWM site plan compliant with the terms of this
chapter, and, if so, shall provide the conditions for approval in
writing.
C.
If the Municipal Engineer determines that the SWM site plan is inconsistent or noncompliant with this chapter, the Municipal Engineer will forward a letter to the municipality, with a copy to the applicant citing the reason(s) and specific ordinance sections for the inconsistency or noncompliance. Inconsistency or noncompliance may be due to inadequate information to make a reasonable judgment as to compliance with this chapter. Any SWM site plans that are inconsistent or noncompliant may be revised by the applicant and resubmitted in accordance with § 23-406 when consistent with this chapter. Resubmission will commence a new municipal review and notification time period.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
4.
The municipality will not grant final approval to any proposed subdivision,
land development, or regulated activity specified in this chapter
if the SWM site plan has been found to be inconsistent with this chapter.
5.
All required permits from PADEP shall be obtained and submitted to
the municipality prior to (or as a condition of) final approval of
any proposed subdivision, land development, or other regulated activity
by the municipality.
6.
No building permits for any regulated activity will be approved by
the municipality if the SWM site plan has been found to be inconsistent
with this chapter, as determined by the Municipal Engineer. All required
permits from PADEP shall be obtained prior to issuance of a building
permit.
7.
The municipality's approval of a SWM site plan shall be valid for a period not to exceed five years commencing on the date that the municipality approved the SWM site plan. If stormwater management facilities included in the approved SWM site plan have not been constructed, or, if constructed, as-built plans of these facilities have not been approved within this five-year time period, then the applicant may seek reinstatement of approval of the expired SWM site plan. If the municipality determines that the expired SWM site plan is consistent and compliant with current regulations and requirements, then the expired SWM site plan will be reinstated; otherwise, it will be rejected. The applicant will be prohibited from conducting any regulated activity until a reinstated or newly approved SWM site plan is obtained in accordance with § 23-406 of this chapter.
8.
All or portions of the final approved SWM site plan shall be recorded
(as "recorded plans") per the instructions of the municipality.
[Ord. No. 261, 3/6/2023]
1.
A submitted SWM site plan under review by the municipality shall
be revised and resubmitted for any of the following reasons:
A.
A change in stormwater management BMPs, conveyances, facilities,
or techniques;
B.
Relocation or redesign of stormwater management BMPs, conveyances,
or facilities; or
C.
Soil or other site conditions are not as stated on the SWM site plan
as determined by the Municipal Engineer, and the new conditions necessitate
design changes.
3.
A revision to an approved SWM site plan shall be submitted to the
municipality, accompanied by the applicable municipal review fee.
[Ord. No. 261, 3/6/2023]
Any SWM site plan deemed inconsistent or noncompliant may be revised and resubmitted with the revisions addressing the Municipal Engineer's concerns documented in writing. The submission shall be addressed to the municipality in accordance with § 23-403 of this chapter, distributed accordingly, and be subject to review as specified in § 23-404 of this chapter. The applicable municipal review fee shall accompany a resubmission of a SWM site plan previously determined to be inconsistent or noncompliant.
