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, 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.
[Amended 9-26-2022 by Ord. No. 2022-4]
The SWM site plan shall consist of all applicable calculations, maps, and plans. The plan shall be sealed by a professional engineer. The engineer shall certify that the plan meets the minimum design requirements of this chapter. A note on the plan shall refer to the associated computations and erosion and sedimentation control plan by title and date. The cover sheet of the computations and erosion and sedimentation control plan shall refer to the associated SWM site plan sheets by title and date. All SWM site plan materials shall be submitted to Fairview Township in a format that is clear, concise, legible, neat, and well organized; otherwise, the SWM site plan shall be disapproved and returned to the applicant. The following items shall be included in the SWM site plan:
A.
Appropriate sections of Chapter 260, Subdivision and Land Development, 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 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 § 252-24 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 F(9) below.
D.
A signature block for the developer's engineer and geologists indicating compliance with the requirements of this chapter.
E.
The following signature block is for the Township:
"(Municipal official or designee), on this date (date of signature), has reviewed and hereby certifies that the SWM site plan meets all design standards and criteria of the Township Ordinance No. (number assigned to the Ordinance)." |
F.
Plan sheet(s) of the project area shall be submitted on twenty-two-inch-by-thirty-four-inch sheets. If not required by Chapter 260, Subdivision and Land Development, as specified in Subsection A, 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 postconstruction 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 § 252-10.
(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)
The SWM site plan shall show the locations of existing and proposed on-lot wastewater facilities and water supply wells that are on the property as well as within 50 feet of property lines.
(9)
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.
(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. The statement shall also acknowledge the stormwater management system to be a permanent fixture that can be altered or removed only after approval of a revised plan by the Township.
(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, streams, existing drainage courses, areas of natural vegetation, and the total extent of the upstream area draining through the site.
(15)
The location 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)
Existing streams, lakes, ponds, or other bodies of water within the project area.
(19)
An overlay showing soil names and boundaries.
(20)
Maximum impervious coverage for each lot based on lot coverages defined in Chapter 300, Zoning, for each zoning district.
(21)
Date of submission.
(22)
The total tract boundary and size with distances marked to the nearest hundredth of a foot and bearings to the nearest second.
(23)
Soil evaluation to justify infiltration, site location, location of on-site testing, and results of on-site testing to establish infiltration rates used for design.
(24)
Preferred existing and proposed 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, alternative contour intervals proposed by an applicant or his designee may be accepted by the Township Engineer.
(25)
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. This requirement shall be waived if the applicant can provide a past survey that is acceptable to the Township Engineer.
(26)
Preferred graphic and written scale of one inch equals no more than 50 feet. For parcels of 20 acres or more, the preferred scale is one inch equals no more than 100 feet. Dependent upon site conditions, an alternative scale proposed by the applicant or his designee may be accepted by the Township Engineer.
(27)
North point (arrow).
(28)
A map showing all existing man-made features beyond the subject parcel's boundary lines that will be affected by the proposed regulated activities.
(29)
Horizontal and vertical profiles of all open channels, including hydraulic capacity.
(30)
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. All off-site facilities shall meet the performance standards and design criteria specified in this chapter.
(31)
A hydrogeologic assessment of the effects of stormwater runoff on sinkholes where present.
(32)
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.
(33)
Drainage flow pathways.
(34)
A justification must be included in the SWM site plan if BMPs other than green infrastructure methods and LID practices are proposed to achieve the volume, rate, and water quality controls under this chapter.
G.
Stormwater management facilities.
(1)
All stormwater management facilities must be located on a plan and described in detail, including:
(a)
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.
(b)
Basins. A cross-section of the basin showing the relationship between the existing topography and the proposed bottom, spillway, top of embankment, and the outlet structure and the corresponding proposed finished grade elevations. A detail of the outlet structure shall be provided, including all pertinent construction requirements.
(c)
Schedule for installation of the control measures and devices. In all cases, the proposed stormwater control devices must be completed prior to the creation of additional impervious area. Where stormwater management basins are used as sediment control facilities during construction, the conversion to the stormwater management facility shall occur within six months of stabilization of the site.
(2)
When groundwater recharge methods such as seepage pits, beds, or trenches are used, a detailed cross-section must be included, showing the locations of existing and proposed septic tank infiltration areas and wells.
(a)
All piping used for seepage pits, beds, or trenches shall be specified in the details, from the downspout drops to the infiltration site. No metal pipes will be permitted by the Township Engineer.
(b)
A detail shall be shown for overflow devices at all connection points to downspouts. Overflow devices shall be directed away from the structure wall a minimum of five feet.
(3)
All calculations, assumptions, and criteria used in the design of the control device or method must be submitted with the plan, including but not limited to:
(a)
Methodology for determining time of concentration and weighted runoff curve numbers;
(b)
Stage/storage/discharge table including sample calculations for determining discharge rates;
(c)
Summary table showing predevelopment, controlled and uncontrolled postdevelopment peak discharge rates for all required storms; and
(d)
Copies of infiltration test results when required.
(4)
Discharge from uncontrolled impervious surfaces shall be no closer to a property line than one foot for every 25 square feet of impervious surface (measured along a vegetated flow path). The minimum distance is three feet.
H.
Stormwater collection system.
(1)
All catch basins, pipes, swales, and other means of conveyance of stormwater must be shown and described, including:
(a)
A plan view of the collection system showing the location, size, and material for all catch basins, ditches, swales, and pipes.
(b)
A profile of the collection system showing existing and proposed finish grades, proposed invert elevations and slope of each storm sewer or open channel segment.
(c)
A topographic plan showing the area tributary to each design point in the collection system.
(2)
All calculations, assumptions, and criteria used in the design of the stormwater collection system must be submitted with the plans.
[Amended 9-26-2022 by Ord. No. 2022-4]
A.
SWM site plans shall be reviewed by the Township 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's governing body may, after consulting with DEP as noted in § 252-10C 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, public health and safety, and where 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 or provisions of this chapter involved and the minimum modification necessary.
(3)
The Township may grant a modification, provided that all of the following findings are made in a given case:
(a)
That there are unique physical circumstances or conditions, including irregularity of lot size or shape, or exceptional topographical or physical conditions peculiar to the particular property, and the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of this chapter in the stormwater management district in which the property is located;
(b)
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a modification is therefore necessary to enable the reasonable use of the property;
(c)
That such necessary hardship has not been created by the applicant; and
(d)
That the modification, if authorized, will represent the minimum modification that will afford relief and will represent the least modification possible of the regulation in issue.
(4)
In granting of any modification, the Township may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Act 167 Plan and this chapter.
(5)
The Board of Supervisors 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 does not involve a subdivision and/or land development, the review of the SWM site plan, recommendations, approval, approval with conditions, or disapproval, i.e., the review and decision period, shall occur within 45 days of submission of the complete SWM site plan 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 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 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 complete subdivision and/or land development plan application which includes the SWM plan and the approval, approval with conditions, or disapproval by the Township Board of Supervisors, i.e., review and decision period, shall be 90 days, in accordance with the procedure for approval of plats in Section 508 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
(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 Section 508(4)(l) of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10508(4)(l).
(4)
The Township Engineer shall review the SWM site plan for any submission or land development against provisions of Chapter 260, Subdivision and Land Development, not superseded by this chapter. A written review will be provided to the Township outlining the results of the review.
(5)
The Township shall not approve any subdivision or land development for regulated activities specified in § 252-5 of this chapter if the SWM site plan has been found to be inconsistent with this chapter, as determined by the Township officials and/or Engineer. All required permits from PA DEP must be obtained prior to approval of any subdivision or land development.
(6)
The Township Building Permit Office shall not issue a building permit for any regulated activity specified in § 252-5 of this chapter if the SWM site plan has been found to be inconsistent with this chapter, as determined by the Township Engineer, or without considering the comments of the Township Engineer. All required permits from PA DEP must be obtained prior to issuance of a building permit. The permit file cannot be closed until the stormwater management plan is implemented and determined to be complete.
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 personally or mailed to the applicant's last known address 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 the 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 Chapter 260, Subdivision and Land Development, or the York County Subdivision and Land Development Ordinance, where applicable.
E.
For any SWM site plan that proposes to use any BMPs other than green infrastructure and LID practices to achieve the volume and rate controls required under this chapter, the Municipality will not approve the SWM site plan unless it determines that green infrastructure and LID practices are not practicable.
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 any one or more SWM BMP, 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 fee schedule.[1]
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. The applicable review fee must accompany the submission of a revised SWM site plan, unless such fee is waived by the Township. (See § 252-24.)
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 § 252-27 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 § 252-25 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 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 within six months after completion of the facility. In no case shall the Township approve the as-built until the Township receives a copy of the highway occupancy permit from the PennDOT District Office, and any applicable permits from PA DEP.
[Amended 1-25-2016 by Ord. No. 2016-1]
B.
The as-built submission shall include a certification of completion signed by a qualified person 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. Plans which are not properly documented and certified or which do not accurately reflect correct site conditions shall be rejected.
[Amended 1-25-2016 by Ord. No. 2016-1]
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.