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 Engineer and
staff members of the York County Conservation District to discuss
the plan concept and responsibility for submission of required documents
and information. The following items shall be included in the SWM
site plan:
A.
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.
B.
The Township Engineer 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 Engineer may either disapprove the submission, or, in the case of minor deficiencies, may accept the submission of a revised SWM site plan as noted in § 268-19 of this chapter.
C.
Provisions for permanent access 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 E(9) below.
D.
The following signature block shall be required by the Township:
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"_____________________ (Township Engineer)," on this date __________
(date of signature), has reviewed and hereby certifies that the SWM
site plan meets all design standards and criteria of the Penn Township
Stormwater Management Ordinance, as amended.
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E.
If not required by the Township Subdivision and Land Development
Ordinance,[2] as specified in § 268-16A of this chapter, the SWM site plan shall also provide the following information where applicable:
(1)
The overall stormwater management concept for the project, including
any additional information required for a post-construction stormwater
management plan (PCSWMP) as applicable.
(2)
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.
(3)
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 § 268-10.
(4)
Expected project time schedule.
(5)
A soil erosion and sediment control plan, where applicable, as prepared
for, reviewed, and approved by the York County Conservation District.
(6)
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.
(7)
Plan and profile drawings of all SWM BMPs, including drainage structures,
pipes, open channels, and swales.
(8)
A SWM site plan showing the locations of existing and proposed on-lot
wastewater facilities and water supply wells.
(9)
A SWM site plan, which 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.
(10)
A description of permanent stormwater management techniques,
including the construction specifications of the materials to be used
for stormwater management facilities.
(11)
A notarized signature of the owner of the parcel for which the
SWM site plan is proposed indicating that they are aware of and will
be responsible for operation and maintenance of the facilities.
(12)
Existing and proposed land uses.
(13)
The location of the proposed regulated activity relative to
streets, municipal boundaries, and other significant man-made features.
(14)
Significant physical features and associated boundary limits
including flood hazard areas, sinkholes, existing drainage courses,
and areas of natural vegetation.
(15)
The location, within 50 feet of property lines, of existing
and proposed utilities, stormwater facilities, sanitary sewers, and
water lines on the parcel.
(16)
Proposed changes to the land surface and vegetative cover, and
the type and amount of existing and proposed impervious area.
(17)
Existing and proposed structures, buildings, streets, driveways,
access drives, and parking areas.
(18)
Contour intervals of two feet in moderately sloped areas, and
contours at intervals of five feet for slopes in excess of 15%. Dependent
upon site conditions, the Township may accept alternative contour
intervals proposed by an applicant or his designee.
(19)
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.
(20)
A graphic and written 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. Dependent upon site conditions, the
Township may accept an alternative scale proposed by the applicant
or his designee.
(21)
North point (arrow).
(22)
A map showing all existing man-made features beyond the subject
parcel's boundary lines that will be affected by the proposed regulated
activities.
(23)
Horizontal and vertical profiles of all open channels, including
hydraulic capacity.
(24)
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.
(25)
A hydrogeologic assessment of the effects of stormwater runoff
on sinkholes where present.
(26)
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.
(27)
Drainage flow pathways.
A.
SWM site plans shall be reviewed by the Township Engineer for consistency
with the provisions of this chapter.
B.
Modification requests.
(1)
When reviewing a SWM site plan, whether or not the SWM site plan is included in a subdivision and/or land development plan application, the Township Board of Commissioners may, after considering the comments of PADEP as noted in § 268-10C 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 the 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 or provisions of this chapter involved and the minimum modification
necessary.
(3)
The Township shall keep a written record of all action on requests
for modifications. The response of any consultation and/or review
by PADEP 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 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 Engineer or the Board of Commissioners, may extend the
review and decision period another 45 days due to the nature of the
application and/or site conditions. If a forty-five-day extension
is imposed or granted by the Township beyond the first forty-five-day
review and decision period designated by this subsection, 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. If no extension is imposed or granted 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 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
shall not exceed 90 days, in accordance with the procedure for approval
of plats in Section 508 of the Pennsylvania Municipalities Planning
Code.[1] If the applicant requests an extension of the initial
ninety-day review period regarding the subdivision/land development,
the approval period for the SWM site plan shall correspond with the
approved adjusted review schedule for the subdivision/land development
plan.
[1]
Editor's Note: See 53 P.S. § 10508.
(3)
From the time an application for approval of a plat involving a subdivision
and/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 Section 508(4)(1)
of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10508(4)(1).
D.
Decision notification procedure. The decision of the Township to approve or disapprove a 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 that 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/or land development plans as stated in Chapter 280, Subdivision of Land.
A revision to a previously submitted 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
Engineer, 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 Engineer, 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 permit and fee
schedule.
A disapproved SWM site plan may be resubmitted with the revisions addressing the Township's concerns, in accordance with this article. The applicable review fee must accompany the submission of a revised SWM site plan, unless the Township waives such fee. (See § 268-19.)
A.
SWM site plans independent of subdivision and/or 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 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 requires 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 § 268-22 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 § 268-20 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 Section 508(4)(ii) through (vii) of
the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508(4)(ii) through
(vii).
A.
The applicant 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 licensed by the Commonwealth of Pennsylvania
as qualified to perform and to be responsible for such duties verifying
that all permanent SWM BMPs have been constructed according to the
approved plans and specifications. If any licensed qualified designers
contributed to the construction plans, then a licensed qualified designer
must sign the completion certificate.
C.
After receipt of the completion certification by the Township, the
Township Engineer may conduct a final inspection. The Township Engineer
shall determine, by final inspection, that all SWM BMP construction
is consistent with the as-built plans and in compliance with this
chapter, prior to issuing a certificate of use.
