A.
A land disturbance activity, as defined in this chapter, shall not
be initiated until a stormwater management permit has been issued.
B.
SWM site plans approved by the Township in accordance with § 345-12 shall be on site throughout the duration of the regulated activity.
C.
The Township, after consultation with DEP, may approve measures for
meeting the state water quality requirements other than those in this
chapter, provided that they meet the minimum requirements of, and
do not conflict with, state law, including but not limited to the
Clean Streams Law.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
D.
For all regulated earth disturbance activities, erosion and sediment
control BMPs shall be designed, implemented, operated and maintained
during the regulated earth disturbance activities (e.g., during construction)
to meet the purposes and requirements of this chapter and to meet
all requirements under the Pennsylvania Code Title 25 and the Clean
Streams Law. Various BMPs and their design standards are listed in
the Erosion and Sediment Control Best Management Practice (BMP) Manual,
Commonwealth of Pennsylvania, Department of Environmental Protection,
No. 363-2134-008 (2000), as amended and updated.
F.
For all new development projects, the measurement of impervious areas
shall include all of the impervious areas in the total proposed development
even if development is to take place in stages. Similarly, for new
development projects taking place in stages, the entire proposed new
development plan must be used in determining conformance with this
chapter.
G.
The design of all facilities over karst shall include an evaluation
of measures to minimize adverse effects in accordance with the procedures
outlined in Section 7.4 (Special Management Areas: Karst Areas) of
the most current version of the SWM Manual.
H.
Storage facilities should completely drain both the volume control
and rate control capacities within 72 hours from the end of the design
storm, subject to site conditions.
I.
The design storm precipitation depth estimates to be used in the
analysis of peak rates of discharge should be obtained from the Precipitation-Frequency
Atlas of the United States, Atlas 14, Volume 2, United States Department
of Commerce, National Oceanic and Atmospheric Administration (NOAA),
National Weather Service, Hydrometeorological Design Studies Center,
Silver Spring, Maryland, 20910. NOAA's Atlas 14 can be accessed
at Internet address: http://hdsc.nws.noaa.gov/hdsc/pfds/.
A.
All applications for a stormwater management permit, the activity for which also constitutes a subdivision or land development, shall be submitted concurrently with all applications from Chapter 360, Subdivision and Land Development, of the Code of the Township of Silver Spring. Applications for stormwater management permits will be submitted in conjunction with preliminary plans (when preliminary plans are required). Action on the stormwater management permit will be made in conjunction with the preliminary plan under Chapter 360, Subdivision and Land Development.
B.
All applications for a stormwater management permit, the activity
for which does not constitute a subdivision or land development, shall
conform with the below procedures. An application for a stormwater
management permit shall be submitted to the Township-designated representative
who has been authorized to receive applications at the Silver Spring
Township Building on any business day.
C.
The Township shall forward the application to the Township Engineer
for review.
D.
The Township-designated representative shall, within 16 days from
the municipal receipt of an application, issue a permit (see Appendix
No. 4[1]) or disapprove the application and transmit the decision
in writing to the applicant and the Township Board of Supervisors.
Failure of the Township Engineer to render a decision and communicate
it as prescribed above shall not be deemed an approval.
[1]
Editor's Note: Appendix No. 4 is an attachment to this chapter.
E.
A notice of disapproval shall cite the reasons for disapproval.
A.
Minor land disturbance. An application for a stormwater management
permit for a minor land disturbance, as defined in this chapter, shall
include one completed copy of the application for a minor land disturbance
(see Appendix No. 1[1]) and filing fee in the amounts specified in the fee schedule
as established by resolution or ordinance of the Board of Supervisors.
[1]
Editor's Note: Appendix No. 1 is an attachment to this chapter.
B.
Major land disturbance. An application for a stormwater management
permit for a land disturbance activity, as defined in this chapter,
shall include the following items:
C.
Exemptions. The following activities are exempt from the requirements
of this chapter.
(1)
Agricultural plowing and tilling are exempt from the requirements
of this chapter, provided the activities are performed according to
the requirements of 25 Pa. Code Chapter 102.
(2)
Forest management and timber operations are exempt from the requirements
of this chapter, provided the activities are performed according to
the requirements of 25 Pa. Code Chapter 102.
Stormwater management plans shall be prepared by professionals
registered in the Commonwealth of Pennsylvania to perform such duties.
Designs which entail engineering expertise shall be prepared by engineers
with appropriate expertise. The plan shall show, be accompanied by,
or be prepared in accordance with the following:
A.
General.
(1)
The plan shall be clearly and legibly drawn at a scale of 10 feet,
20 feet, 30 feet, 40 feet, or 50 feet to the inch. Profile plans shall
maintain a ratio of 1:10 vertical to horizontal.
(2)
The sheet size shall be 18 inches by 24 inches. If the plan is prepared
in two or more sections, a key map showing the location of the sections
shall be placed on each sheet. If more than one sheet is necessary,
each sheet shall be numbered to show the relationship to the total
number of sheets in the plan (e.g., Sheet 1 of 5).
(3)
Plans shall be legible in every detail.
(4)
Name and address of landowner, applicant and individual who prepared
the plan.
(5)
Plan date and date of latest revision to plan, North point, graphic
scale and written scale.
(6)
A location map, drawn to scale, relating the property to at least
two intersections of existing road center lines, including the approximate
distance to the intersection of the center lines of the nearest existing
street intersection.
(7)
Note on plan indicating any area that is proposed to be offered for
dedication to the Township. Any area that is easemented and not to
be offered for dedication shall be identified, along with a statement
that the Township is not responsible for the maintenance of any area
not dedicated to and accepted for public use.
(9)
Provisions for permanent access or maintenance easements as determined necessary by the Township for all physical SWM BMPs, such as but not limited to ponds and infiltration structures, to implement the operation and maintenance plan discussed in Subsection A(10) below.
(10)
The SWM site plan shall provide an operation and maintenance
(O&M) plan for all proposed physical stormwater management facilities
(see Appendix 5[2]). This plan shall address long-term ownership and responsibilities
for operation and maintenance as well as schedules for O&M activities.
[2]
Editor's Note: Appendix No. 5 is an attachment to this chapter.
B.
Existing features.
(1)
Tract boundaries showing distances, bearings and curve data, as located
by field survey or deed plotting, total acreage of tract, and total
acreage of project if less than the entire tract.
(2)
Existing contours, at a minimum vertical interval of two feet for
land with average natural slope of 4% or less and at a minimum vertical
interval of five feet for more steeply sloping land. Contours shall
be accompanied by the location of the bench mark within or immediately
adjacent to the subject tract and a notation indicating the datum
used. The United States Geodetic Survey shall be used for bench mark
datum.
(3)
Names of all owners of all immediately adjacent land, names of all
proposed or existing developments immediately adjacent, and locations
and dimensions of any streets or easements shown thereon.
(4)
Names, locations and dimensions of all existing buildings, street
rights-of-way, railroads, utilities, watercourses, drainage facilities,
floodplains, wetland, on-lot sewage disposal facilities, easements,
and other significant features located either within and adjacent
to the property or 200 feet from the property.
(5)
The size, slope, capacity, and condition of the existing stormwater
management system and any other facility that may be used to convey
storm flows.
(6)
Soil types as designated by the United States Department of Agriculture,
Natural Resources Conservation Service, Soil Survey of Cumberland
County.
(7)
Designation of the location of on-site and off-site subwatersheds.
(8)
Designation of the location of the time of concentration for the
on-site and off-site subwatersheds.
C.
Proposed features.
(1)
Proposed land use, total number of lots and dwelling units, and extent
of commercial, industrial or other nonresidential uses.
(2)
Locations and dimensions of all proposed streets, sidewalks, lot
lines, building locations, parking compounds, impervious and semi-impervious
surfaces, sanitary sewer facilities, water facilities, stormwater
management facilities, utilities and other significant features. This
information shall be provided to the detail necessary to construct
the facilities.
(3)
Proposed changes to land surface and vegetative cover, including
areas to be cut or filled.
(4)
Proposed topographical data. This information shall be provided by
contour lines indicating the existing and proposed grades of the site.
Contour lines shall be provided at two-foot vertical intervals for
slopes of 4% or less and at vertical intervals of five feet for more
steeply sloping land.
(5)
Plans and profiles of proposed stormwater management facilities,
including horizontal and vertical location. Additionally, a detail
with all pertinent construction requirements shall be provided for
outlet structures. This information shall be of the quality required
for the construction of all facilities.
(6)
The size, slope, capacity, material, elevation and condition of the
proposed stormwater management system and other facility that may
be used to convey storm flows. This information shall include invert
elevations and top-of-grate elevations.
(7)
Plans and profiles of all erosion and sedimentation control measures,
temporary as well as permanent.
(8)
Designation of the location of on-site subwatersheds.
(9)
Designation of the location of the time of concentration for the
on-site subwatersheds.
D.
Written report and calculations.
(1)
Calculations, assumptions, criteria, methodology and references used
in the design of stormwater management facilities, the establishment
of capacities, and the predevelopment and post-development peak discharge.
This information shall include data on all subwatersheds.
(2)
For all basins, a plotting or tabulation of the storage volumes and
discharge curves with corresponding water surface elevations, inflow
hydrographs, and outflow hydrographs.
(3)
Soil structures and characteristics shall be provided for all proposed
groundwater recharge systems and detention or retention basins which:
(a) hold two acre feet or more of water; or (b) have an embankment
that is six feet or more in height. Plans and data prepared by a registered
professional experienced and educated in soil mechanics shall be submitted.
This data shall provide design solutions for frost heave potential,
spring-swell potential, soil-bearing strength, water infiltration,
soil-settling characteristics, fill and backfilling procedures and
soil treatment techniques as required to protect the improvements
or structures. The following requirements apply to all proposed groundwater
recharge methods of stormwater management, such as seepage pits, beds,
trenches, leaching wells, and cisterns:
(a)
Representative percolation tests must be made throughout the
proposed area. At least one percolation test must be included in each
soil group and at least one percolation test must be conducted for
each five lots proposed for development. Testing, in general, should
follow the same guidelines as though testing for an on-lot septic
system.
(b)
Seepage pits, beds or trenches shall not be permitted for any
development of more than five lots without prior approval of the Township.
(4)
Copies of an approved erosion and sediment control plan and post-construction
stormwater management plan, associated plan narratives and long-term
operation and maintenance documents. These plans shall include a description
of all erosion and sedimentation control measures, temporary as well
as permanent, including the staging of land-moving activities, sufficient
in detail to clearly indicate their function. All erosion and sedimentation
control measures shall conform to the requirements of the Pennsylvania
Department of Environmental Protection Erosion and Sediment Control
Best Management Practice (BMP) Manual.
(5)
Description of an ownership and maintenance program, in a recordable
form, that clearly sets forth the ownership and maintenance responsibilities
for all temporary and permanent stormwater management facilities,
which shall include the following:
(a)
Description of the method and extent of the maintenance requirements.
(b)
Identification of an individual, corporation, association or
other entity responsible for ownership and maintenance.
(c)
When maintained by a private entity, a copy of the legally binding
document which provides that the Township shall have the right to:
[1]
Inspect the facilities at any time.
[2]
Require the private entity to take corrective measures and assign
the private entity reasonable time periods for any necessary action.
[3]
Authorize maintenance to be done by the Township or an agent
or contractor of the Township and the liening of the cost of the work
against the properties of the private entity responsible for the maintenance.
(d)
Establishment of suitable easements for access to stormwater
management facilities.
(e)
When an assignment of responsibility is made to the Township,
it must include an acknowledgement of its formal acceptance of the
responsibility.
(f)
This document shall be recorded in the office of the Recorder
of Deeds for Cumberland County upon issuance of a permit. In all cases,
the document shall be recorded prior to the initiation of construction
and be fully effective at the post-construction period.
(6)
A Pennsylvania Department of Transportation Highway Occupancy Permit
for any stormwater management facility proposed within the right-of-way
of any state road.
(7)
Acknowledgment that an NPDES, DEP permit or other soil erosion and
sediment pollution control approval is not required by law, or if
such approval is required by law, then a true and correct copy of
such approval(s) shall be provided to the Township.
(8)
Notification of approval from the applicable state and federal agencies
for any proposed encroachment into a wetland.
(9)
A schedule for installation of the control measures and devices.
In all cases, the proposed stormwater management devices must be completed
prior to the construction of additional impervious areas.
(10)
Stormwater management plans shall be designed in a manner that is consistent with § 360-40 of Chapter 360, Subdivision and Land Development, and § 345-22V of this chapter, and shall also include the submission of a carbonate assessment report, as required in § 360-14E(11) of Chapter 360, Subdivision and Land Development.
A modification of an approved stormwater management plan shall
require a new permit, except that the Township Engineer may authorize
modification, provided that such modifications do not:
A.
The provisions of this chapter are intended as minimum standards
for the protection of the public health, safety and welfare. The Board
of Supervisors may waive any mandatory provision of these regulations
to the benefit of the applicant, provided that the Board of Supervisors
determines that the waiver:
(2)
Will remove or reduce an unreasonable standard or undue hardship
as it applies to the particular property, which is grossly disproportionate
to any benefit derived from the standard or when an alternative standard
provides equal or better results;
(4)
Provides for reasonable utilization of the property while securing
the public interest.
B.
It shall be the burden of the applicant to demonstrate compliance
with the above conditions.
C.
Waiver application. Notwithstanding the ability of the Board of Supervisors
to independently consider a waiver, all requests for waivers which
are desired by the applicant shall be submitted to the designated
Township representative at the Township Building on any business day.
A waiver request shall include 12 copies of all applicable plans,
reports and supplementary data and one application form.
D.
Distribution. One copy of the waiver request will be distributed
to the Township Assistant Manager, Township Planning Commission, Township
Zoning Officer, Township Engineer, Board of Supervisors and, if necessary,
other officials.
E.
Review of the waiver. The waiver is reviewed by the Township staff
and Planning Commission. Recommendations are forwarded to the Board
of Supervisors.
F.
Ruling on the waiver.
(1)
The Board of Supervisors shall have the authority to approve or disapprove
the waiver. In granting any waiver, the Board of Supervisors may impose
such conditions as will, in its judgment, secure substantially the
objectives of the standards and requirements of this chapter.
(2)
Action on the waiver shall be entered in the minutes of the Board
of Supervisors and forwarded to the applicant. Failure of the Board
of Supervisors to render a decision and communicate it to the applicant
as described herein shall not be a deemed approval of the waiver.
A.
All stormwater management permits shall expire 12 months from the
date of issuance unless an extension of time is approved. An extension
of an unexpired stormwater management permit shall be issued by the
Township Engineer following the submission of a written request, if,
in the opinion of the Township Engineer, the following characteristics
are present:
B.
The refusal of an extension of time shall cite the reasons for such
refusal.
C.
A stormwater management permit shall not expire while a request for
an extension is pending.
A.
Inspections shall be required prior to the start of construction,
during installation of materials and structures, and upon the completion
of all improvements. Prior to the initiation of construction, the
developer shall arrange a preconstruction meeting with the Township
Engineer so that an inspection schedule can be coordinated with the
construction schedule. The Township Engineer shall be notified two
working days in advance of any intended date of construction. The
provisions stated herein shall not be construed as mandating periodic
inspections and the undertaking of periodic inspections shall not
be construed as an acceptance of the work during construction or as
a final inspection of the construction. The Township shall inspect
all phases of the land disturbance activity, including, but not limited
to, the following:
(1)
Prior to the start of any land disturbance activity.
(2)
During construction of the permanent stormwater management facilities
at such times as specified by the Township.
(3)
Upon installation of permanent stormwater management facilities.
(4)
Upon completion of any final grading, vegetative control measures
or other site restoration work done in accordance with the permit.
B.
No work shall begin on a subsequent phase until the preceding phase
has been inspected and approval has been noted on the permit.
C.
Any portion of the work which does not comply with the approved plan
must be corrected by the applicant. No work may proceed on any subsequent
phase until the required corrections have been made.
A.
The Township may, prior to issuing a stormwater management permit,
require a performance guarantee for stormwater detention and/or retention
basin, erosion control facilities, and other drainage facilities which
may adversely affect adjacent properties, streets or other public
improvements.
B.
Where required, the developer shall file with the Board of Supervisors financial security in an amount sufficient to cover the costs of the stormwater management facilities. The administration of the financial security shall comply with the financial security provisions of Chapter 360, Subdivision and Land Development, of the Code of the Township of Silver Spring.
Neither issuance of the permit nor compliance with the provisions
hereto or any conditions imposed by the Township shall relieve any
person from any responsibility for damage otherwise imposed by law,
nor impose any liability upon Silver Spring Township or its officers,
appointed professionals, and employees for damages to persons or property.
The Township may, prior to issuing a stormwater management permit,
require the applicant to submit a maintenance guarantee for the structural
integrity as well as the function of any stormwater management facility
for a term not to exceed 18 months from the date of acceptance of
dedication by the Board of Supervisors. Said guarantee shall not exceed
15% of the actual cost of installation of said improvements and be
of the same type of financial security as required in this article.
A.
Upon completion of all required improvements and prior to release
of the performance bond, the applicant shall submit an as-built plan
and any profiles showing the location, dimension and elevation of
all stormwater management facilities. In addition, the plan shall
indicate that the resultant grading, drainage structures and/or drainage
systems are in substantial conformance with the previously approved
drawings and specifications. The applicant's engineer shall certify
that the construction of the stormwater management facilities were
completed in accordance with the plans and specifications as approved
by the Township. The plan shall note all deviation from the previously
approved drawings. Three paper copies of the plan shall be submitted
to the Township, who shall distribute a paper copy to the Township
Engineer and retain the remaining copies for the Township files.
B.
Certified calculations of any detention/retention facilities and
stormwater conveyance facilities shall be provided as part of the
as-built submission. If as-built condition calculations deviate from
the design calculations, remedial measures may be required.[1]
[1]
Editor's Note: Original Section 313, Payments in lieu of stormwater
management facilities, which immediately followed this subsection,
was repealed 1-23-2019 by Ord. No. 15-2018.
