A.
Although not a requirement of this chapter, prior to proceeding with
SWM site plan preparation and submission, the applicant is encouraged
to request a preapplication meeting with the Township's Engineer and
a staff member of the York County Conservation District to discuss
the plan concept and responsibility for submission of required documents
and information.
B.
Appropriate sections of the Township's Subdivision and Land Development
Ordinance,[1] and other applicable ordinances of the Township regarding
subdivision and land development plan preparation and applicable plan
requirements shall be followed in preparing all SWM site plans, regardless
of whether or not a SWM site plan involves a subdivision and/or land
development plan.
C.
The Township shall not approve any SWM site plan that is deficient in meeting the requirements of this chapter. At its sole discretion, and in accordance with this article, when a SWM site plan is found to be deficient, the Township may either disapprove the submission, or, in the case of minor deficiencies, the Township may accept the submission of a revised SWM site plan as noted in § 158-22 of this chapter.
D.
The following items shall be included in the SWM site plan:
(1)
Provisions for permanent access and/or maintenance easements for all physical SWM BMPs, such as ponds and infiltration structures, as necessary to implement the operation and maintenance (O&M) plan discussed in Subsection D(3)(i), below.
(2)
The following signature blocks for the Township and design engineer:
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"(Township engineer), on this date (date of signature), has
reviewed the SWM site plan and finds it to be consistent with the
design standards and criteria of the North Codorus Township Stormwater
Management Ordinance, Ordinance No. (_____)."
| |
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"(Design engineer), on this date (date of signature), hereby
certifies that the SWM site plan meets all design standards and criteria
of the North Codorus Township Stormwater Management Ordinance, Ordinance
No. (_____)."
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(3)
If not required by the Township's Subdivision and Land Development
Ordinance,[2] as specified in § 158-19A of this chapter, the SWM site plan shall also provide the following information where applicable:
(a)
The overall stormwater management concept for the project, including
any additional information required for a post-construction stormwater
management plan (PCSWMP) as applicable.
(b)
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 but not limited to floodplains, streams, lakes, ponds, hydric
soils, wetlands, brownfields and wellhead protection zones.
(c)
Stormwater runoff design computations, and documentation as specified in this chapter, or as otherwise necessary to demonstrate that the maximum practicable measures have been taken to meet the requirements of this chapter, including the recommendations and general requirements in § 158-13.
(d)
Expected project time schedule.
(e)
A soil erosion and sediment control plan in accordance with
the following:
[1]
Earth disturbance, zero to 5,000 square feet: Implement erosion
and sediment control measures on site; a written erosion and sediment
control plan and York County Conservation District approval is not
required unless required by state and/or federal permit(s) or is deemed
necessary by the Township. If earth disturbance is in a high-quality
or exceptional-value watershed, then a written erosion and sediment
control plan and YCCD approval is required.
[2]
Earth disturbance, 5,001 square feet to less than one acre:
A written erosion and sediment control plan and implementation of
plan on site is required. YCCD approval may be required by the Township
or state and/or federal permit(s). If earth disturbance is in a high-quality
or exceptional-value watershed, than YCCD approval is required.
[3]
Earth disturbance, one acre or greater: A written erosion and
sediment control plan, YCCD approval and implementation of plan on
site are required.
[4]
In addition, under 25 Pa. Code Chapter 92, an individual or
general, as applicable, DEP NPDES construction activities permit is
required for regulated earth disturbance activities of one acre or
greater.
(f)
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.
(g)
Plan and profile drawings of all SWM BMPs, including but not
limited to drainage structures, pipes, open channels, and swales.
(h)
The SWM site plan shall show the locations of existing and proposed
on-lot wastewater facilities and water supply wells.
(i)
The SWM site plan shall include an operation and maintenance
(O&M) plan for all existing and proposed physical stormwater management
facilities. This plan shall address long-term ownership and responsibilities
for O&M as well as schedules and costs for O&M activities.
This O&M plan shall be a separate recordable document, which shall
be recorded, and either a copy of the O&M plan shall be included
as a part of the stormwater site plan or at a minimum shall reference
in the stormwater site plan the recording information of the O&M
plan.
(j)
A description of permanent stormwater management techniques,
including the construction specifications of the materials to be used
for stormwater management facilities.
(k)
A notarized signature of the owner of the parcel for which the
SWM site plan is proposed.
(l)
Existing and proposed land uses.
(m)
The location of the proposed regulated activity relative to
streets, municipal boundaries, and other significant man-made features.
(n)
Significant physical features and associated boundary limits
including flood hazard areas, sinkholes, existing drainage courses,
and areas of natural vegetation.
(o)
The location of existing and proposed utilities, stormwater
facilities, sanitary sewers, and water lines on the parcel and within
50 feet of property lines.
(p)
Proposed changes to the land surface and vegetative cover, and
the type and amount of existing and proposed impervious area.
(q)
Existing and proposed features, such as structures, buildings,
streets, driveways, access drives, and parking areas.
(r)
Contour intervals of two feet or less. Dependent upon site conditions,
alternative contour intervals proposed by an applicant or his designee
may be accepted by the Township.
(s)
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 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
with a responsibility for any aspect of the plan where applicable.
(t)
Preferred graphic and written scale of one inch equals no more
than 50 feet. Dependent upon site conditions, an alternative scale
proposed by the applicant or his designee may be accepted by the Township.
(u)
North point (arrow).
(v)
A map showing all existing man-made features beyond the subject
parcel's boundary lines that will be affected by the proposed regulated
activities.
(w)
Horizontal and vertical cross-sections of all open channels,
including hydraulic capacity.
(x)
A note on the 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.
(y)
A hydrogeologic assessment of the effects of stormwater runoff
on sinkholes where present.
(z)
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.
(aa)
Drainage flow pathways.
E.
Simplified SWM site plan.
(1)
The simplified site plan shall require a drawing showing:
(a)
The location and dimensions of the proposed new impervious surface,
property lines, and significant natural and man-made features within
the project site.
(b)
The approximate location and dimensions of all other impervious
surfaces within the project site identifying those placed after the
date of the enactment of this chapter.
(c)
The location of all wells and sewage disposal systems located
within the project site.
(d)
The direction of stormwater flow from existing impervious surfaces
within the project site, and the direction of stormwater flow from
the proposed impervious surface and across the project site.
(2)
The simplified site plan shall require a proposal to manage the stormwater
flow from the proposed impervious surface. The proposal may involve:
(a)
The maintenance of a pervious flow area constructed consistent
with the requirements of a DIA as set forth in Appendix A of this
chapter,[3] or if the requirements of Appendix A cannot be met, then
an equivalent DIA, as authorized by the Township.
[3]
Editor's Note: Appendix A is included at the end of this chapter.
(b)
The construction and maintenance of:
[1]
Stormwater pits to receive roof water. If the footprint of the
proposed structure exceeds 2,500 square feet in size, stormwater pit(s)
shall be sized after the analysis of probe hole(s) and infiltration
tests to establish the size of the pit(s) necessary to achieve compliance
with this chapter. Tests shall be performed by the Township's designee
at the depth and location of the proposed pits; or
[2]
A detention basin approved by the Township's engineer as designed
and sized to manage proposed increases in stormwater flow from the
project site brought about by the proposed impervious surface. Prior
to approval, there must be analysis of probe hole(s) and infiltration
tests to establish the size of basins necessary to achieve compliance
with this chapter. Tests shall be performed by the Township's designee
at the depth and location of the proposed basin; or
[3]
Any other proposal approved by the Township's designee as sufficient
to manage the increase in stormwater runoff brought about by the regulated
activity.
A.
Three copies of the SWM site plan and supporting information shall
be submitted as follows:
B.
Additional copies shall be submitted as requested by the Township
or DEP.
C.
The Township may establish a fee schedule for the review of SWM plans,
the amount of which shall be set by resolution of the Township's Board
of Supervisors.
A.
SWM site plans and supporting information shall be reviewed by the
Township for consistency with the provisions of this chapter.
B.
Modification requests:
(1)
When reviewing a SWM site plan and supporting information, whether or not the SWM site plan is included in a subdivision and/or land development plan application, the Township's Board of Supervisors may, after consulting with DEP as noted in § 158-13C of this chapter, grant a modification 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 such modification will not be contrary to the public interest and that the purpose and intent of this chapter is observed.
(2)
All requests for modifications from an applicant shall be in writing
and shall accompany and be a part of the application for approval
of a SWM site plan and/or a subdivision or land development plan as
applicable. The request shall state in full the grounds and facts
of unreasonableness or hardship on which the request is based, the
provision(s) of this chapter involved and the minimum modification(s)
necessary.
(3)
The Board of Supervisors of the Township shall keep a written record
of all action on requests for modifications. The response of any consultation
and/or review by DEP shall be included as an original report if available
or otherwise documented in the required written record.
C.
SWM site plan review and approval procedure.
(1)
If a SWM site plan and supporting information does not involve a
subdivision and/or land development, the review of the SWM Site, recommendations,
approval, approval with conditions or disapproval, i.e., the review
and decision period, shall occur within 45 days of submission to the
Township. However, the Township, in its sole discretion, may extend
the review and decision period another 45 days due to the nature of
the application and/or site conditions. If an extension of another
45 days is imposed or granted by the Township beyond the first forty-five-day
review and decision period designated by this paragraph, the Township
shall notify the applicant in writing and deliver such notice to said
applicant within 15 days of the decision to extend the review and
decision period by the Township. If no extension is imposed or granted
by the Township beyond the first forty-five-day review and decision
period, and no decision has been rendered by the Township within that
period, the SWM site plan shall be deemed approved. Similarly, if
after a forty-five-day extension of the review and decision period
has been imposed or granted by the Township, and no decision has been
rendered by the Township within that period, the SWM site plan shall
be deemed approved.
(2)
If a SWM site plan involves a subdivision and/or land development
plan, the period of time from the submission to the Township of the
subdivision and/or land development plan application which includes
the SWM Plan and the approval, approval with conditions, or disapproval,
i.e., review and decision period, shall be in accordance with the
procedure for approval of plats in § 508 of the Pennsylvania
Municipalities Planning Code.
(3)
From the time an application for approval of a plat involving a subdivision
or land development plan, whether preliminary or final, which includes
a SWM site plan, is duly filed with the Township, no change or amendment
of this chapter or other governing ordinance or plan shall affect
the decision on such application in accordance with the provisions
of the governing ordinances or plans as they stood at the time the
application was duly filed, as specified in § 508(4)(i)
of the Pennsylvania Municipalities Planning Code.
D.
Decision notification procedure. In all cases, the decision of the
Township to approve or disapprove the SWM site plan shall be in writing
and shall be delivered to the applicant no later than 15 days following
the decision. If the SWM site plan is disapproved, the written decision
by the Township shall specify the defects in the application, describe
the requirements which were not met, and shall cite the provisions
of this chapter relied upon. 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.
The time limit for satisfying conditions of approval shall be the
time limit prescribed for conditional approval of subdivision and
land development plans as stated in the Township's Subdivision and
Land Development Ordinance.[1]
E.
Once the SWM plan and supporting documents are finalized and approved,
electronic copies in PDF or other format acceptable to the Township
shall be provided to the Township and its Engineer.
A revision to a previously submitted or approved SWM site plan
that involves a change in SWM BMPs, stormwater management facilities,
or changes in analytical techniques, or that involves the relocation
or redesign of SWM BMPs, or that is necessary because soil or other
conditions are not as stated on the SWM site plan, as determined by
the Township, shall require a resubmission of the revised SWM site
plan in accordance with this article, including applicable fees. For
NPDES-permitted sites, any revised SWM site plan shall also be resubmitted
to the York County Conservation District for review. In the case of
a SWM site plan which contains minor deficiencies, such as a missing
label, omission of a required note or minor construction detail, as
determined by the Township, the Township may accept a resubmission
of such SWM site plan without the requirement of a review fee, or
for a lesser fee as provided for in the Township's fee schedule.
A disapproved SWM site plan may be resubmitted, with the revisions addressing the Township's concerns as stated regarding the original submission, to the Township in accordance with this Article IV. The applicable review fee must accompany the submission of a revised SWM site plan, unless such fee is waived by the Township. (See § 158-22.)
A.
SWM site plans independent of subdivision and land development plans. The Township's approval of a SWM site plan, when such plan is submitted independent of a subdivision and/or land development plan, authorizes the regulated activities contained in the SWM site plan for a maximum term of validity of five years following the date of approval. The Township may, in its sole discretion, specify a term of validity shorter than five years in the approval for any specific SWM site plan, particularly if the nature of the proposed SWM facilities require more frequent maintenance and/or short-term replacement of certain components. Terms of validity shall commence on the date the Township signs the approval for an SWM site plan. If an approved SWM site plan is not completed according to § 158-25 within the term of validity, then the Township may consider the SWM site plan disapproved and may revoke any and all permits. SWM site plans that are considered disapproved by the Township may be resubmitted in accordance with § 158-23 of this chapter.
B.
SWM site plans included in a subdivision and/or land development
plan. The Township's approval of a SWM site plan, which is a part
of a subdivision and/or land development plan, authorizes that plan
and the regulated activities therein so that no subsequent change
or amendment in this chapter or other governing ordinances or plans
shall be applied to affect adversely the right of the applicant to
commence and to complete any aspect of the approved development in
accordance with the terms of such approval within five years from
such approval, as specified in § 508(4)(ii) through (vii)
of the Pennsylvania Municipalities Planning Code.
A.
The developer shall be responsible for providing as-built plans of
all SWM BMPs included in the approved SWM site plan. The as-built
plans and an explanation of any discrepancies with the construction
plans shall be submitted to the Township.
B.
The as-built submission shall include a certification of completion
signed by a qualified person approved by the Township, or in the sole
discretion of the Township, its designee, verifying that all permanent
SWM BMPs have been constructed according to the approved plans and
specifications. If any licensed qualified person contributed to the
construction plans, then a licensed qualified person must sign the
completion certificate.
C.
After receipt of the completion certification by the Township, the
Township may conduct a final inspection to verify compliance with,
and accuracy of, the as-built plans.
The applicant shall provide financial security to the Township prior to approval of a SWM site plan to guarantee installation and construction of all stormwater management facilities depicted on the approved SWM site plan (including associated erosion and sedimentation facilities) in the amount of 110% of the total estimated construction cost. Financial security shall be provided in a form that is acceptable to the Township's legal counsel. The financial security shall comply with the requirements of § 509 of the Pennsylvania Municipalities Planning Code, except that the financial security shall only be released upon submittal and approval of an as-built plan and professional certification as required by § 158-25. All remedies available to the Township pursuant to §§ 509, 510, and 511 of the Pennsylvania Municipalities Planning Code shall be available pursuant to this chapter.
