For any of the activities regulated by this
part, the final approval of subdivision and/or land development plans,
the issuance of any building or occupancy permit, or the commencement
of any earth disturbance activity may not proceed until the property
owner or developer or his/her agent has received written approval
of a drainage plan from the municipality.
A.
Any regulated activity described in § 148-4 of this part that is less than or equal to 5,000 square feet of impervious area is exempt from the drainage plan preparation provisions of this part. These criteria shall apply to the total development even if development is to take place in phases. The date of the municipal ordinance adoption by the county shall be the starting point from which to consider tracts as "parent tracts" in which future subdivisions and respective impervious area computations shall be cumulatively considered. Exemption shall not relieve the applicant from providing adequate stormwater management to meet the purpose of this part.
B.
Earth disturbance associated with existing one- and two-family dwellings, subject to conditions described in Subsection A above.
C.
Use of land for gardening for home consumption.
D.
Agriculture when operated in accordance with a conservation
plan or erosion and dimentation pollution control plans (E & S)
found adequate by the conservation district. Agricultural activities,
such as growing crops, rotating crops, tilling of soil and grazing
animals and other such activities, are specifically exempt from complying
with the requirements of this part.
E.
Forest management operations which are following the
Department of Environmental Protection's management practices contained
in its publication "Soil Erosion and Sedimentation Control Guidelines
for Forestry" and are operating under an E & S plan.
No exemption shall be provided for regulated
activities as defined in § 148-4E and F of this part.
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The drainage plan shall consist of all applicable
calculations, narratives, maps, and plans. A note on the maps shall
refer to the associated computations and E & S plan by title and
date. The cover sheet of the computations and E & S plan shall
refer to the associated maps by title and date. All drainage plan
materials shall be in a format that is clear, concise, legible, neat,
and well organized; otherwise, the drainage plan shall be disapproved
and returned to the applicant. The following items shall be included
in the drainage plan:
A.
General.
(1)
General description of project.
(2)
General description of permanent stormwater management
techniques, including construction specifications of the materials
to be used for stormwater management facilities.
(3)
Complete hydrologic, hydraulic, and structural computations
for all stormwater management facilities.
(4)
An E & S plan, including all reviews and approvals,
as required by PA DEP.
(5)
[General description of non point source pollution
controls.]
B.
Map(s) of the project area shall be submitted on twenty-four-inch
by thirty-six-inch or thirty-inch by forty-two-inch sheets and shall
be prepared in a form that meets the requirements for recording in
the office of the Recorder of Deeds of Carbon County. The contents
of the maps(s) shall include, but not be limited to:
(1)
The location of the project relative to highways,
municipal boundaries or other identifiable landmarks.
(2)
Existing contours at intervals of two feet. In areas
of steep slopes (greater than 15%), five-foot contour intervals may
be used.
(3)
Existing streams, lakes, ponds, wetlands or other
water of the commonwealth within the development site.
(4)
Other physical features, including flood hazard boundaries,
sinkholes, streams, existing drainage courses, areas of natural vegetation
to be preserved, and the total extent of the upstream area draining
through the site.
(5)
The locations of all existing and proposed utilities,
sanitary sewers, and waterlines within the development site and within
50 feet of property lines.
(6)
Soil names and boundaries.
(7)
Proposed changes to the land surface and vegetative
cover, including the type and amount of impervious area that would
be added.
(8)
Proposed structures, roads, paved areas, and buildings.
(9)
Final contours at intervals of two feet. In areas
of steep slopes (greater than 15%), five-foot contour intervals may
be used.
(10)
The name of the development, the name and address
of the owner of the property, and the name of the individual or firm
preparing the plan.
(11)
The date of submission.
(13)
A North arrow.
(14)
The total tract boundary and size with distances
marked to the nearest foot and bearings to the nearest degree.
(15)
Existing and proposed land use(s).
(16)
A key map showing all existing man-made features
beyond the property boundary that would be affected by the project.
(17)
Horizontal and vertical profiles of all open
channels, including hydraulic capacity.
(18)
Overland drainage paths.
(19)
A fifteen-foot-wide access easement around all
stormwater management facilities that would provide ingress from and
egress to a public right-of-way.
(20)
A note on the plan indicating the location and
responsibility for maintenance of stormwater management facilities
that would be located off site. All off-site facilities shall meet
the performance standards and design criteria specified in this part.
(21)
A statement, signed by the landowner, acknowledging
that any revision to the approved drainage plan must be reviewed and
approved by the municipality and the Carbon County Conservation District.
(22)
The location of all erosion and sediment pollution
control facilities.
C.
Supplemental information.
(1)
A written description of the following information
shall be submitted:
(2)
The effect of the project (in terms of runoff volumes
and peak flows) on adjacent properties and on any existing municipal
stormwater collection system that may receive runoff from the project
site.
(3)
A declaration of adequacy from the PennDOT District
Office when utilization of a PennDOT storm drainage system is proposed
and/or a highway occupancy permit is required by PennDOT.
(4)
A description of stages (phases), if so proposed.
D.
Stormwater management facilities:
(1)
All stormwater management facilities must be located
on a map and described in detail.
(2)
When groundwater recharge methods, such as seepage
pits, beds or trenches are used, the locations of existing and proposed
septic tank infiltration areas and wells must be shown.
(3)
All calculations, assumptions, and criteria used in
the design of the stormwater management facilities and BMPs must be
shown.
A.
For all regulated activities listed in § 148-4 of this part, the steps below shall be followed for submission. For any activities that require a PA DEP joint permit application and regulated under Chapter 105 (Dam Safety and Waterway Management) or Chapter 106 (Floodplain Management) of PA DEP's rules and regulations, require a PennDOT highway occupancy permit, or require an NPDES permit for stormwater discharge from construction sites, or require any other permit under applicable state or federal regulations, the permit(s) shall be part of the drainage plan.
A.
The municipality shall review the drainage plan for
consistency with the adopted Tobyhanna Creek Watershed Act 167 Stormwater
Management Plan. The municipality shall require receipt of a complete
plan, as specified in this part.
B.
The municipality shall review the drainage plan for
any submission or land development against the municipal subdivision
and land development ordinance provisions not superseded by this part.
C.
The County Conservation District shall review and approve the E & S plan for consistency with PA DEP's Chapter 102 regulations.
D.
For activities regulated by this part, the Municipal
Engineer shall notify the municipality in writing, within 90 calendar
days, whether the drainage plan is consistent with the stormwater
management plan. Should the drainage plan be determined to be consistent
with the stormwater management plan, the municipality will forward
an approval letter to the developer. Should the drainage plan be determined
to be inconsistent with the stormwater management plan, the Municipal
Engineer will forward a disapproval letter to the Municipal Secretary
and developer citing the reason(s) for the disapproval. Any disapproved
drainage plans may be revised by the developer and resubmitted consistent
with this part.
E.
The municipality shall not approve any subdivision or land development for regulated activities specified in § 148-4A and B of this part or issue a building permit if the drainage plan has been found to be inconsistent with the stormwater management plan, as determined by the municipality, or without considering the comments of the Municipal Engineer. All required permits from PA DEP must be obtained prior to approval.
F.
The developer shall be responsible for completing
an as-built survey of all stormwater management facilities included
in the approved drainage plan. The as-built survey and an explanation
of any discrepancies with the design plans shall be submitted to the
municipality for final approval.
G.
The municipality's approval of a drainage plan shall be valid for a period not to exceed five years. This five-year time period shall commence on the date that the municipality signs the approved drainage plan. If stormwater management facilities included in the approved drainage plan have not been constructed, or if an as-built survey of these facilities has not been approved within this one-year time period, then the municipality may consider the drainage plan disapproved and may recommend that the municipality revoke any and all permits. Drainage plans that are considered disapproved by the municipality may be resubmitted in accordance with § 148-23 of this part.
A.
A modification to a submitted drainage plan for a development site that involves a change in stormwater management facilities or techniques, or that involves the relocation or redesign of stormwater management facilities or E & S controls, or that is necessary because soil or other conditions are not as stated on the drainage plan (as determined by the municipality or the Municipal Engineer), shall require a resubmission of the modified drainage plan consistent with § 148-20 of this part and be subject to review as specified in § 148-21 of this part.
B.
A modification to an already approved or disapproved
drainage plan shall be submitted to the municipality, accompanied
by the applicable municipality review fee. A modification to a drainage
plan for which a formal action has not been taken by the municipality
shall be submitted to the municipality, accompanied by the applicable
municipality review fee.
A disapproved drainage plan may be resubmitted, with the revisions addressing the municipality's concerns documented in writing, to the municipality in accordance with § 148-20 of this part and be subject to review as specified in § 148-21 of this part. The applicable municipality review fee must accompany a resubmission of a disapproved drainage plan.