A.
When a property owner or developer proposes a regulated activity, said property owner or developer shall submit an SWM site plan to demonstrate compliance with the stormwater management provisions of this chapter. Said submission shall be required by the Township unless said regulated activity is exempted from SWM site plan submission in accordance with the exemption criteria and exemption approval process established in § 136-15 of this chapter. Where the Township determines that the property owner or developer proposing the regulated activity is eligible to employ the process established in the Stormwater Management Design Assistance Manual (SWM Plan Appendix C) to address the stormwater management needs of a site, the submission of the required documentation from said manual shall substitute for the SWM site plan requirements of this article.
B.
Copies of the SWM site plan shall be distributed as follows:
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(1)
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Two copies to the municipality.
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(2)
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One copy to the Township's Engineer, when applicable.
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(3)
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One copy to the Adams County Conservation District (if an NPDES
permit is required).
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(4)
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One copy to the Adams County Planning Commission (only if submitted
as a component of a subdivision and land development plan in accordance
with the Franklin Township Subdivision and Land Development Ordinance[1]).
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C.
Additional copies shall be submitted as requested by the Township.
A.
The SWM site plan shall include the following information. Where
the regulated activity for which an SWM site plan is being submitted
is also subject to subdivision and/or land development plan review
in accordance with the Township's Subdivision and Land Development
Ordinance,[1] the SWM site plan shall be submitted as a component of
the subdivision or land development plan submission for the project
and shall include the following information. Where the submission
requirements of this section conflict with the submission requirements
of the Township's Subdivision and Land Development Ordinance, the
more-restrictive provisions shall control.
(1)
The name of the development, the name and address of the owner of
the property, and the name and address of the individual or firm preparing
the SWM site plan. Also to be included are the name, address, signature
and seal of any registered surveyor (attesting the accuracy of the
boundary survey), professional engineer, landscape architect, or professional
geologist (for geomorphological assessments) contributing to and/or
responsible for any aspect of the SWM site plan.
(2)
A graphic and written plan scale of one inch equals no more than
50 feet. For parcels of 20 acres or more, the scale shall be one inch
equals no more than 100 feet.
(3)
North point (arrow).
(4)
Existing and proposed land uses within the project boundary plus
25 feet outside the project boundary.
(5)
The location of existing and proposed utilities, stormwater facilities,
sanitary sewers, and waterlines within the project boundary and for
the entire area within the first 25 feet beyond the project boundary.
(6)
Significant physical features and associated boundary limits, including
flood hazard areas, sinkholes, existing drainagecourses, and areas
of natural vegetation.
(7)
Existing and proposed structures, buildings, streets, driveways,
access drives, and parking areas.
(8)
The SWM site plan shall show the locations of existing and proposed
on-lot wastewater facilities and water supply wells.
(9)
The location of the proposed regulated activity relative to streets,
municipal boundaries, and other significant man-made features for
the entire area within the first 25 feet beyond the project boundary.
(10)
A determination of site conditions in accordance with the BMP
Manual. A detailed site evaluation shall be completed for projects
proposed in areas of carbonate geology or karst topography, as well
as for other environmentally sensitive areas, whether natural or man-made,
including floodplains, streams, lakes, ponds, hydric soils, wetlands,
brownfields, and wellhead protection zones.
(11)
Stormwater runoff design computations and documentation as specified
in this chapter or as otherwise necessary to demonstrate compliance
with the requirements of this chapter.
(12)
The overall stormwater management concept for the project, including
any additional information required for a PCSM plan, as applicable.
(13)
A hydrogeologic assessment of the effects of stormwater runoff
on sinkholes, where present.
(14)
A description of permanent stormwater management techniques,
including the construction specifications of the materials to be used
for stormwater management facilities.
(15)
Plan and profile drawings of all SWM BMPs, including drainage
structures, pipes, open channels, and swales.
(16)
Horizontal and vertical profiles of all open channels, including
hydraulic capacity.
(17)
Proposed changes to the land surface and vegetative cover and
the type and amount of existing and proposed impervious area.
(18)
Existing and final contours at intervals of two feet. In areas
of slopes in excess of 15%, five-foot contour intervals may be used.
(19)
Drainage flow pathways.
(20)
The effect of the project in terms of runoff volumes, water
quality, and peak flows on surrounding properties and aquatic features
and on any existing stormwater-conveyance system that may be affected
by the project.
(21)
The effect of the proposed regulated activity in terms of runoff
volumes and peak flows on adjacent properties and/or any existing
municipal stormwater collection system that may receive runoff from
the project site.
(22)
A map showing all existing man-made features beyond the subject
parcel's boundary lines that may be affected by the proposed regulated
activities.
(23)
Expected project time schedule.
(24)
An E&S plan, where applicable, as approved by the Adams
County Conservation District.
(25)
An NPDES permit application, including PCSM plan, where applicable,
as administratively reviewed and approved by the Adams County Conservation
District.
(26)
The SWM site plan shall include an O&M plan for all existing and proposed physical stormwater management facilities. The plan shall address long-term ownership and maintenance responsibilities as well as schedules and estimated costs for maintenance activities. The O&M plan shall be prepared in accordance with the requirements of Article V of this chapter.
(27)
Provisions for permanent access or maintenance easements for
all physical SWM BMPs, as necessary to implement the O&M plan
(28)
A note on the SWM site plan indicating the location, and responsibility
for maintenance of, SWM facilities and/or easements that would be
located on adjoining properties as a result of proposed regulated
activities and the location of such facilities and/or easements.
(29)
The following signature block shall be provided:
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This stormwater management site plan has been reviewed and approved
as meeting all design standards and criteria of the Franklin Township
Stormwater Management Ordinance.
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Secretary
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Its
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A.
Preapplication meeting. Prior to proceeding with SWM site plan preparation
and submission, the applicant is encouraged to request a preapplication
meeting with Franklin Township to discuss the plan concept and responsibility
for submission of required documents and information. If the project
requires an E&S plan or an NPDES permit, the applicant is encouraged
to meet with a staff member of the Adams County Conservation District
as well.
B.
SWM site plan review and approval procedure.
(1)
If an SWM site plan is not submitted as a component of a subdivision and/or land development plan, the review of the SWM site plan, recommendations, approval, approval with conditions, or disapproval shall occur within 45 calendar days of submission to the Township. Where the applicant submits revisions to a previously submitted SWM site plan, either because the applicant has elected to revise the SWM site plan or as a result of a determination by the Township that a revision is necessary to meet the requirements of this chapter, this forty-five-day period shall be restarted. Should the Township fail to render a decision on the SWM site plan within this forty-five-day time period, the application shall be deemed denied. The applicant may appeal the denial pursuant to § 136-41 of this chapter or may seek an extension of the time for review of the application for consultation with the Township to modify the application. The review process shall include the following components.
(2)
If an SWM site plan is submitted as a component of a subdivision
and/or land development plan, the SWM site plan shall be reviewed
in accordance with the review process and time frame established in
the Township's Subdivision and Land Development Ordinance[1]) and in accordance with Section 508 of the Pennsylvania
Municipalities Planning Code.[2] If the plan is submitted independently of any subdivision and/or land development plan, the review procedures for subdivision and/or land development plans shall be followed as closely as practicable. [See Subsection B(1) above concerning "deemed denial."]
(3)
NPDES permit technical coordination. Where the project for which
an SWM site plan is submitted is subject to NPDES permitting, the
Township shall notify the Adams County Conservation District when
the applicant has achieved technical compliance with the requirements
of this chapter. The Township may address this requirement though
the completion of the Technical Review Checklist for NPDES Sites in
Appendix C[3] or comparable process as determined by the Township. Upon
receipt of this notification, the Adams County Conservation District
will acknowledge a general NPDES permit. In the case of an Individual
NPDES permit, the Adams County Conservation District will coordinate
municipal reviews with the DEP Regional Office.
[3]
Editor's Note: Appendix C is included at the end of this chapter.
(4)
NPDES permits and E&S plans. Where the project for which an SWM
site plan is submitted is subject to NPDES permitting or the submission
of an E&S plan, or both, any final approval of the SWM site plan
by Franklin Township shall be conditioned on the applicant's receipt
of the required NPDES permit or E&S plan approval, as appropriate.
(5)
Decision notification procedure. In all cases, the decision of the Township to approve with conditions or to disapprove the SWM site plan is to be in writing and delivered to the applicant within 15 calendar days following the decision. If the SWM site plan is disapproved, the written decision by the Township shall state the defects in the application and cite the provisions of the ordinance involved. If the SWM site plan is approved with conditions, the notification to the applicant shall state the acceptable conditions for approval and the time limit for satisfying such conditions. Should the Township fail to notify the applicant of the decision within this fifteen-calendar-day period, the application shall be deemed denied for any and all of the comments stated in any review letter provided to the Township by the Township Engineer, the Township Planning Commission, the County Planning Agency, and/or the Adams County Conservation District, and the applicant shall have the right to appeal that denial pursuant to § 136-41 of this chapter.
C.
Waiver requests.
(1)
If an SWM site plan is not submitted as a component of a subdivision
and/or land development plan, the Township may accept a request for
waiver of one or more of the requirements of this chapter. Any such
waiver requests shall comply with the following requirements:
(a)
The Township may accept a request for waiver of the requirements
of one or more provisions of this chapter if the literal enforcement
will enact undue hardship because of peculiar conditions pertaining
to the land in question, provided that the Township determines that
such waiver will not be contrary to the public interest and that the
purpose and intent of this chapter is observed.
(b)
All requests for waivers from an applicant shall be in writing
and shall accompany and be a part of the application for approval
of an SWM site plan. The request shall state in full the grounds and
facts of unreasonableness or hardship on which the request is based,
the provision or provisions of the ordinance involved, and the minimum
waiver necessary to afford relief.
(c)
The Township shall act to accept or reject requests for waivers within the context of its SWM site plan decisionmaking process established in § 136-26B(1) of this chapter. The decision of the Township regarding acceptance of each request for waiver shall be noted in the minutes of the public meeting of the Township at which acceptance was granted, and notes of the waivers shall be placed on the final copy of the plan.
(2)
If an SWM site plan is submitted as a component of a subdivision
and land development plan, requests for waiver to obtain relief from
one or more of the requirements of this chapter shall be handled in
accordance with the modification process established in the Township's
Subdivision and Land Development Ordinance and Section 512.1 of the
Pennsylvania Municipalities Planning Code, as amended.[4]
A.
SWM site plan not submitted as a component of a subdivision and/or
land development plan. Revisions to a previously approved SWM site
plan to incorporate a change in SWM BMPs or techniques, or the relocation
or redesign of SWM BMPs, or different information about soil or other
conditions from what was stated in the SWM site plan, shall be submitted
by the applicant to the Township. The Township, in its sole discretion,
may require a resubmission and full review of the revised SWM site
plan in accordance with this chapter, including applicable review
fees. For NPDES-permitted sites, any revised SWM site plan shall be
resubmitted to the Adams County Conservation District for its review.
In the case of an SWM site plan which contains minor deficiencies
(such as a missing label, omission of a required note or minor construction
detail), the Township may, in its sole discretion, accept a resubmission
of such SWM site plan without the requirement of a full review fee,
or a lesser fee.
B.
SWM site plan submitted as a component of a subdivision and/or land
development plan. A revision of an SWM site plan approved as a component
of a subdivision and/or land development plan shall be treated as
a revision of the subdivision and/or land development plan and shall
be subject to the review process established in the Township's Subdivision
and Land Development Ordinance.[1]
A.
SWM site plan not submitted as a component of a subdivision and/or land development plan. A previously disapproved or deemed denied SWM site plan may be resubmitted with the revisions addressing all of the defects of the original submission. The resubmitted SWM site plan shall be reviewed and acted upon in accordance with § 136-26B(1) of this chapter. The applicable review fee must accompany the submission of a revised SWM site plan, unless such fee is waived by the Township.
B.
SWM site plan submitted as a component of a subdivision and/or land
development plan. The resubmission of the SWM site plan originally
submitted as a component of a subdivision and/or land development
plan shall be treated as resubmission of said subdivision and/or land
development plan and shall be subject to the review process established
in the Township's Subdivision and Land Development Ordinance.[1]
A.
SWM site plans not submitted as a component of a subdivision and/or land development plan. The Township's approval of an SWM site plan, when such plan is not submitted as a component of a subdivision and/or land development plan, authorizes the regulated activities contained in the SWM site plan for a maximum term of five years following the date of approval. The Township may specify a term shorter than five years in the decision notification for any specific SWM site plan if the nature of the proposed SWM facilities requires more-frequent maintenance (more than annual) and/or short-term replacement of certain components. Terms of authority for the regulated activities shall commence on the date the Township votes to approve the SWM site plan. If an approved SWM site plan is not completed according to § 136-30 within the authorized term, and if a request to extend the permit has not been submitted to the Township by the applicant, the authority terminates, and the Township may revoke any and all permits applicable to the project. SWM site plans for projects with expired permits may be resubmitted in accordance with § 136-28 of this chapter.
B.
SWM site plans submitted as a component of a subdivision and/or land
development plan. The term of authority for regulated activities for
a SWM site plan as a component of a subdivision and/or land development
plan shall be in accord with the law governing such plans.
A.
Prior to commencing construction of stormwater management facilities,
the applicant or its agent shall contact the Township's Engineer to
determine at which stages of construction the facilities shall be
inspected. No facilities or portion thereof shall be buried or otherwise
permanently covered unless and until the inspection of that stage,
as determined by the Township Engineer, has been performed and that
stage of construction has been approved.
B.
The stormwater management facilities constructed in accordance with
an SWM site plan not submitted as a component of a subdivision and/or
land development plan shall be subject to the following process upon
the completion of construction of said facilities:
(1)
The property owner or developer shall contact the Township within
seven days of the completion of the construction process to schedule
a final inspection. The final inspection shall be conducted by the
Township Engineer or such other person designated by the Township.
(2)
The Township may inspect the completed improvements to confirm consistency
with the approved SWM site plan. Following the inspection, if any,
the Township may take one of the following two actions.
(a)
Issue a completion certificate. A completion certificate may
be issued when the Township determines that the stormwater management
facilities have been constructed in conformance with the approved
SWM site plan.
(b)
Issue correspondence regarding discrepancies. If the Township
determines that the stormwater management facilities have not been
constructed in accordance with the approved SWM site plan, it shall
issue correspondence addressed to the property owner or developer
summarizing the discrepancies from the approved SWM site plan. Such
correspondence does not by itself constitute an extension of any applicable
SWM permit.
(3)
Upon receipt of correspondence summarizing discrepancies in the constructed
stormwater facilities, the property owner or developer shall apply
for permit extensions, when necessary, and take one of the following
two actions:
(a)
Reconstruct the required stormwater management facilities in a manner that complies with the approved SWM site plan. Prior to commencement of the reconstruction work, the property owner or developer shall contact the municipality for an inspection schedule in accordance with the process established in § 136-30A.
(b)
Submit a revised SWM site plan in accordance with the process established in § 136-27A. The revised SWM site plan shall be consistent with the improvements as constructed. Upon receipt, the Township may review the revised SWM site plan in accordance with the review and approval process of § 136-26. If the revised SWM site plan is approved, the Township shall issue the completion certificate. If the revised SWM site plan fails to demonstrate that the constructed stormwater management facilities can comply with the requirements of this chapter, the Township may then require the property owner or developer to reconstruct the required stormwater facilities in accordance with the originally approved SWM site plan. If the revised SWM site plan is approved, the Township shall then issue the completion certificate.
(4)
Within 15 days of the completion certificate, the property owner
or developer shall submit to the Township an as-built plan depicting
the stormwater management facilities as constructed. If requested
by the applicant, the Township may grant an extension of the deadline
to submit as-built plans.
C.
The stormwater management facilities constructed in accordance with
an SWM site plan submitted as a component of a subdivision and/or
land development plan shall be subject to the completion of improvements
requirements of the Township's Subdivision and Land Development Ordinance
and Sections 509 through 511 of the Pennsylvania Municipalities Planning
Code, as amended.[1]
