For any of the regulated activities of this part, prior to the
final approval of subdivision and/or land development plans, or the
issuance of any permit, or the commencement of any regulated earth
disturbance activity, the owner, subdivider, developer or his agent
shall submit a drainage plan and receive municipal approval of the
Plan.
Exemptions from the drainage plan requirements are as specified in § 148-41.
The drainage plan shall consist of all applicable calculations,
maps, and plans. All drainage plan materials shall be submitted to
Kidder Township 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 proposed permanent stormwater controls.
(3)
The name and address of the project site, the name and address of
the owner of the property, the name and address of the applicant (if
different from owner) and the name of the individual or firm preparing
the drainage plan.
B.
Map(s) of the project area showing:
(1)
The location of the project relative to highways, municipalities
or other identifiable landmarks.
(2)
Existing contours at intervals of two feet. In areas of steep slopes
(greater than 15%), five-foot contour intervals may be used. Off-site
drainage areas impacting the project including topographic detail.
(3)
Streams, lakes, ponds or other bodies of water within the project
area.
(4)
Other physical features including existing drainage swales, wetlands,
closed depressions, sinkholes and areas of natural vegetation to be
preserved.
(5)
Locations of proposed underground utilities, sewers and water lines.
The locations of all existing and proposed utilities, sanitary sewers
and water lines within 50 feet of property lines of the project site.
(6)
An overlay showing soil types and boundaries based on the Carbon
County Soil Survey, as applicable, latest edition.
(7)
An overlay showing geologic types, boundaries and any special geologic
features present on the site.
(8)
Proposed changes to land surface and vegetative cover.
(9)
Proposed structures, roads, paved areas and buildings.
(10)
Final contours at intervals of two feet. In areas of steep slopes
(greater than 15%), five-foot contour intervals may be used.
(11)
Any watershed boundaries applicable to the site.
(12)
Clear identification of the location and nature of permanent
stormwater BMPs.
(13)
An adequate access easement around all stormwater BMPs that
would provide municipal ingress to and egress from a public right-of-way.
(14)
A schematic showing all tributaries contributing flow to the
site and all existing man-made features beyond the property boundary
that would be affected by the project.
(15)
The location of all public water supply wells within 400 feet
of the project and all private water supply wells within 100 feet
of the project.
(16)
The date of submission and latest revision date.
(17)
A graphic and written scale of one inch equals no more than
50 feet.
(18)
A North arrow.
(19)
A total tract boundary and size with proposed lot lines, if
applicable.
(20)
Existing and proposed land use(s).
(21)
A key map showing all existing man-made features beyond the
property boundary that would be affected by the project.
(22)
Overland drainage paths and points of discharge/analysis.
C.
Stormwater management controls and BMPs.
(1)
All stormwater management controls and BMPs shall be shown on a map
and described, including:
(a)
Groundwater recharge methods such as seepage pits, beds or trenches.
When these structures are used, the locations of land-based sewage
disposal areas and wells shall be shown.
(b)
Other control devices or methods such as rooftop storage, semipervious
paving materials, grass swales, parking lot ponding, vegetated strips,
detention or retention ponds, storm sewers, etc.
(2)
All calculations, assumptions and criteria used in the design of
the stormwater management facilities and in the establishment of the
calculated pre- and postdevelopment peak discharge, including mapping
of the watershed areas and indication of runoff for all points of
runoff concentration shall be provided.
(3)
All plans and profiles of proposed stormwater management facilities
including horizontal and vertical location, size, and type of material.
This information shall provide sufficient information required for
the construction of all facilities.
(4)
A map(s) clearly delineating and labeling all drainage areas used
in the design of storm sewer facilities, swales, and retention/detention
basins.
(5)
For all detention and retention basins, a plotting or tabulation
of storage volumes with corresponding water surface elevations and
of the outflow rates for those water surfaces.
(6)
For all detention and retention basins, the design inflow and outflow
hydrographs or the shortcut routing method to determine the function
of the basin.
(7)
A map(s) clearly delineating any existing wetlands as classified
by a qualified environmental scientist experienced in wetland determination.
Wetland determination shall be performed in accordance with U.S. Army
Corps of Engineers procedures as outlined in Publication TRY-87-1,
"Wetlands Delineation Manual," latest edition.
(8)
No construction or development shall be permitted in wetlands without
approval from the U.S. Army Corps of Engineers and the Pennsylvania
Department of Environmental Protection, Bureau of Dams and Waterway
Management.
(9)
All calculations, assumptions and criteria used in the design of
the BMPs shall be shown.
(10)
All site testing data used to determine the feasibility of infiltration
on a site.
D.
Proposals for the ownership and maintenance responsibilities for
all proposed storm drainage and erosion and sediment control facilities
shall be submitted to the Township for review and approval at preliminary
plan stage. The Township shall be satisfied that sufficient provisions
have been made for adequate and perpetual maintenance of all such
facilities. All drainage facilities to be owned by the developer or
his assigns shall be maintained to retain their design capacity. Such
assurances shall be in a form to act as a covenant that shall run
with the land, and shall provide for municipal maintenance, assessment
of cost and penalties, in case of lack of maintenance.
E.
Environmental resources site design assessment.
(1)
An environmental resources site design assessment that describes
the following:
(a)
The extent to which the proposed grading and impervious cover
avoid disturbance of significant environmental resources and preserve
existing site hydrology.
(b)
An assessment of whether alternative grading and impervious
cover site design could lessen the disturbance of significant environmental
resources and/or make better use of the site hydrologic resources.
(c)
A description of how the proposed stormwater management controls
and BMPs serve to mitigate any adverse impacts on environmental resources
on the site.
(2)
Significant environmental resources considered in the site design
assessment include, but are not limited to, steep slopes, ponds, lakes,
streams, wetlands, hydric soils, floodplains, riparian vegetation,
native vegetation and special geologic features.
For all activities regulated by this part, the steps below shall be followed for submission. For any activities that require a PaDEP joint permit application and regulated under Chapter 105 (Dam Safety and Waterway Management) or Chapter 106 (Floodplain Management) of PaDEP's rules and regulations, require a PennDOT highway occupancy permit, or require any other permit under applicable state or federal regulations, the permit(s) shall be part of the plan.
A.
(1)
The drainage plan shall be submitted by the applicant to the municipal
secretary as part of the preliminary plan submission for the subdivision
or land development.
(2)
Six copies of the drainage plan shall be submitted to the Township
Secretary.
(4)
One copy of the drainage plan shall be submitted to the Carbon County
Planning Commission. Proof of this submission shall accompany the
submission to the Township Secretary.
C.
For regulated activities specified in § 148-40E, F and
G:
(1)
The drainage plan shall be submitted by the applicant to Kidder Township for coordination with the DEP permit application process under Chapter 105 (Dam Safety and Waterway Management), Chapter 106 (Floodplain Management) of DEP's Rules and Regulations, and the NPDES regulations.
(2)
Two copies of the drainage plan shall be submitted.
A.
Kidder Township shall review the drainage plan, including the BMP operations and maintenance plan, for consistency with the Kidder Township Stormwater Management Ordinance and with any permits issued by DEP. Kidder Township shall also review the drainage plan against any additional storm drainage provisions contained in Chapter 153, Subdivision and Land Development, and Chapter 180, Zoning.
B.
For activities regulated by this part, the Kidder Township Engineer
shall notify Kidder Township in writing, within 45 calendar days,
whether the drainage plan is consistent with this part. Should the
drainage plan be determined to be consistent, the Kidder Township
Engineer will forward an approval letter to the Kidder Township Secretary
with a copy to the applicant. Should the drainage plan be determined
to be inconsistent with this part, the Kidder Township Engineer will
forward a disapproval letter to the Kidder Township Secretary and
applicant citing the reason(s) for the disapproval. Any disapproved
drainage plans may be revised by the applicant and resubmitted consistent
with this part.
C.
For regulated activities specified in § 148-40C and D of this part, the Kidder Township Engineer shall notify the Kidder Township Building Permit Officer in writing, within a time frame consistent with the Kidder Township Building Code[1] and/or Chapter 153, Subdivision and Land Development, whether the drainage plan is consistent with this part and forward a copy of approval/disapproval letter to the applicant. Any disapproved drainage plan may be revised by the applicant and resubmitted consistent with this part.
D.
Kidder Township shall not approve any subdivision or land development for regulated activities specified in § 148-40A and B of this part if the drainage plan has been found to be inconsistent with this part, as determined by the Kidder Township Engineer. All required permits from PaDEP must be obtained prior to approval.
E.
The Kidder Township Building Permit Office shall not issue a building permit for any regulated activity specified in § 148-40 of this part if the drainage plan has been found to be inconsistent with this part, as determined by the Kidder Township Engineer, or without considering the comments of the Kidder Township Engineer. All required permits from PaDEP must be obtained prior to issuance of a building permit.
A.
A modification to a submitted drainage plan for a proposed development site which involves a change in control methods or techniques, or which involves the relocation or redesign of control measures, or which is necessary because soil or other conditions are not as stated on the drainage plan (as determined by Kidder Township) shall require a resubmission of the modified drainage plan consistent with § 148-62 subject to review per § 148-63 of this part.
B.
A modification to an already approved or disapproved drainage plan
shall be submitted to Kidder Township, accompanied by the applicable
review fee. A modification to a drainage plan for which a formal action
has not been taken by Kidder Township shall be submitted to Kidder
Township, accompanied by the applicable Kidder Township Review Fee.
A disapproved drainage plan may be resubmitted, with the revisions addressing the Kidder Township Engineer's concerns documented in writing, to Kidder Township in accordance with § 148-62 of this part and subject to the applicable review as specified in § 148-63 of this part. The applicable Kidder Township review fee must accompany a resubmission of a disapproved drainage plan.
Kidder Township Board of Supervisors may hear requests for waivers
where it is alleged that the provisions of this part inflict unnecessary
hardship upon the applicant. The waiver request shall be in writing
and accompanied by the requisite fee based upon a fee schedule adopted
by Kidder Township. A copy of the waiver request shall be provided
to each of the following: Kidder Township, Kidder Township Engineer,
Kidder Township Solicitor and Carbon County Planning Commission. The
request shall fully document the nature of the alleged hardship. Kidder
Township will utilize the following process in providing consideration
of waiver requests:
A.
The Township Supervisors, within their sole discretion, may grant
a modification of the requirements of one or more provisions of this
part if literal compliance will result in undue hardship as determined
within the sole discretion and findings of the Township Supervisors,
as is applied to a particular property or if the applicant establishes
to the satisfaction of the Township Supervisors that an alternative
proposal will allow for equal or better results, provided that such
modification will not be contrary to the public interest and fulfills
the purpose and intent of this part.
(1)
In granting any requested modification, the Township Supervisors
may impose such conditions as will, in its judgment, secure substantially
the objectives of the standards and requirements of this part.
B.
All requests for modifications shall be made in writing, shall be
signed by the applicant and shall accompany the submission of the
drainage plan and shall include in addition to any other requirements
as provided for in this part the following:
(1)
The specific provision of this part with respect to which a modification
is desired.
(2)
The specific modification desired in the proposed alternative.
(3)
The applicant's justification for the modification, including
the full basis and facts of the alleged unreasonableness of the alleged
undue hardship, and an explanation of how the requested modification
is the minimum modification necessary to permit the reasonable utilization
of the property but still achieve the purposes and objectives of this
part.
C.
The Township Supervisors shall maintain a written record of the action
taken and all requests for modification. Any modifications that are
granted or approved shall be set forth on the approved drainage plan
and on the record plan. Modifications granted in accordance with these
provisions shall be considered to be consistent with this part. In
granting any waiver, the Kidder Township Board of Supervisors may
attach such conditions and safeguards as it may deem necessary to
implement the purposes of this part. If a waiver is granted, the applicant
must still manage the quantity, velocity, direction and quality of
resulting storm run off as is necessary to prevent injury to health,
safety or other property.
D.
For all regulated activities described in § 148-40, the Board of Supervisors shall hereby request for and decide on hardship waiver requests on behalf of the Township of Kidder.
E.
The Township shall not waive the water quality provisions of this
part.
