The provisions of this chapter shall apply to the following regulated activities unless specifically exempted by the terms of this chapter set forth in § 344-9:
A.
Land development.
B.
Land subdivision.
C.
Planned residential development.
D.
Alteration of the natural hydrologic regime as follows:
(1)
Earth disturbance of 20,000 square feet or more.
(2)
Construction of new or additional impervious or semi-impervious surface.
(3)
Construction of new buildings or additions to existing buildings.
(4)
Diversion piping or encroachments in any natural man-made channel.
(5)
Nonstructural or structural stormwater management BMPs or appurtenances
thereto.
(6)
Stream enhancements or restoration projects.
Any individual, corporation or other legal entity undertaking
any regulated activity in Coolbaugh Township, unless specifically
exempted from the provisions of this chapter as set forth below in
Subsection A, must file an application for a drainage permit accompanied
by a drainage plan consistent with the plan content and stormwater
management requirements set forth in this chapter. For any activity
regulated by this chapter, the preliminary or final approval of subdivision
and/or land development plans, the issuance of any building or occupancy
permit, or the commencement of any earth disturbance may not proceed
until the applicant or his/her agent has received written approval
of a drainage plan, has been issued a drainage permit and has received
an adequate erosion and sediment pollution control plan review from
the Conservation District.
A.
Exemptions.
(1)
A regulated activity involving earth disturbance affecting less than
20,000 square feet and creating less than 5,000 square feet of impervious
or semi-impervious surface. If a development involving a regulated
activity is to take place in phases, the calculation of impervious
or semi-impervious surfaces shall be cumulative covering all phases
of the development of the parent tract. This exemption shall not apply
to diversion piping or encroachments in any natural or man-made channel,
nonstructural or structural stormwater management BMPs or appurtenances,
or stream enhancements or restoration projects.
(2)
Use of land for gardening for home consumption.
(3)
Agriculture when operated in accordance with a conservation plan
or erosion and sediment control plan found adequate by the Conservation
District.
(4)
Forest management operations which are following the Department of Environmental Protection's management practices contained in the publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" and are operating under an approved E&S Plan, and are in compliance with the stream buffer requirements of § 344-21 of this chapter, applicable floodplain management requirements and applicable provisions of Chapter 257, Natural Features Conservation.
(5)
The development of single-family residential building lots which
are one acre or less and are part of a subdivision plan approved and
recorded prior to June 17, 2014, the date of the adoption of this
chapter.
(6)
For projects requiring an NPDES stormwater permit, the PADEP requirements relating to stormwater quality, volume control and temperature control shall supersede those specific requirements of this chapter, except that the stormwater quality provisions of § 344-22A and the stormwater rate runoff control of § 344-25 must be met by the design. This provision shall not apply to the critical water quality criteria established in the Wallenpaupack subwatershed M-WC, which must be met in addition to PADEP requirements.
B.
Additional exemption criteria.
(1)
Exemption responsibilities. An exemption shall not relieve the applicant
from implementing such measures as are necessary to protect the public
health and welfare. An exemption shall not relieve the applicant from
providing adequate stormwater management for regulated activities
to meet the purposes of this chapter. If the Board of Supervisors,
in its sole discretion and after review by the Township Engineer,
determines that a regulated activity could reasonably be expected
to cause a drainage problem downstream, or that the regulated activity
would result in an undue disruption of natural drainage patterns so
as to cause soil erosion, groundwater recharge problems, stream bank
erosion or other stormwater quantity or quality problems, the Township
shall require a drainage plan submittal.
(2)
Parent tracts. Ordinance criteria shall apply to the total development
even if the development is to take place in phases. The date of the
adoption of this chapter, June 17, 2014, shall be the starting point
from which to consider tracts as "parent tracts" in which future subdivisions
and respective impervious area computations shall be cumulatively
considered.
C.
Waivers and modifications. The provisions of this chapter are considered
as minimum standards for the protection of the public health, safety
and welfare of the residents and inhabitants of Coolbaugh Township
and the surrounding area. However, the Township reserves the right,
in its sole discretion, based upon specific site conditions or specific
characteristics of the proposed project, to waive, modify or extend
provisions of this chapter in individual cases as may be necessary
in the public interest, provided that such variation shall not have
the effect of nullifying the intent and purpose of these regulations.
In permitting a variation from these regulations, the following criteria
must be met by the applicant:
(1)
The applicant for a modification or waiver must make the request
in writing to the Board of Supervisors, setting forth in detail the
reasons in support of the request.
(2)
The written request shall be forwarded to the Township Engineer,
and where applicable, to the Township Planning Commission for a recommendation
regarding the request.
(3)
The applicant must demonstrate that the alternatives analysis required
by this chapter was conducted, and that stormwater management cannot
be implemented in strict compliance with the terms of this chapter
without preventing the reasonable use and development of the subject
property.
(4)
The applicant must provide a stormwater management alternative that
demonstrates to the satisfaction of the Board of Supervisors that
the intent and purpose of this chapter are preserved.
All stormwater management system design, plans and/or construction
shall:
A.
Comply with all of the requirements of this chapter, including the alternative management analysis set forth in § 344-19.
B.
Minimize accelerated erosion and resulting sediment pollution by
demonstrating compliance with the standards of Chapter 102 (Erosion
and Sediment Pollution Control) of Title 25 of the rules and regulations
of the Pennsylvania Department of Environmental Protection.
C.
Be designed and constructed utilizing the requirements of this chapter
and, where applicable, the regulations and policies of the Commonwealth
of Pennsylvania, including the Pennsylvania Stormwater Best Management
Practices Manual, dated December 2006 (Pennsylvania Stormwater BMP
Manual), as it may be amended from time to time.
D.
Be designed and constructed in such a way as to conserve, minimize
and mitigate impact upon wetlands, buffers, surface and groundwater
resources and the natural hydrologic regime by utilizing best management
practices as set forth in the Pennsylvania Stormwater BMP Manual.
E.
Utilizing the requirements of this chapter and the Pennsylvania Stormwater
BMP Manual, analyze and evaluate nonstructural project design, minimize
impervious and non-impervious surfaces, avoid environmentally sensitive
areas such as wetlands, buffers, steep slopes, flood hazard areas
and design to topography and soil types in order to maintain the natural
hydrologic regime.
F.
If a preapplication meeting is scheduled with the Monroe County Conservation
District for any project subject to this chapter, Coolbaugh Township
shall be given adequate notice of the meeting so that the Township
Engineer may attend. This should be prior to submission of the drainage
plan application to the Township.
The drainage plan shall consist of a general description of the project including sequencing items described in § 344-20, calculations, maps and plans, as follows: All drainage plan materials shall be submitted to the Township in a format that is clear, concise, legible, neat and well organized; otherwise, the drainage plan shall not be accepted for review. The preparation of the drainage plan shall comply with the requirements of the Engineer, Land Surveyor and Geologist Registration Law.[1]
A.
Narrative report. A narrative report describing the project and giving
the purpose and engineering assumptions and calculations for control
measures and facilities. The narrative report must include, as a minimum,
the following:
(1)
A general description of the project, including a statement of total
square feet of earth disturbance, total square feet of proposed impervious
and semi-impervious surface and the overall stormwater management
concept for the project.
(3)
The effect of the project (in terms of runoff volumes and peak flows)
on adjacent properties and on any existing stormwater collection system
that may receive runoff from the project.
(4)
Complete hydrologic, hydraulic and structural computations for all
stormwater management facilities.
(5)
An erosion and sediment control plan, including all reviews and letters
of completeness and adequacy from the Monroe County Conservation District.
(6)
A general description of pre- and post-construction nonpoint source
pollution controls.
(7)
A consumptive use tracking report as submitted to the Monroe County
Conservation District for projects located in the Brodhead Creek Watershed.
(8)
All calculations, assumptions and criteria used in the design of
the control measures and structures.
(9)
A maintenance program for all stormwater management, erosion and
sediment pollution control BMPs for both the construction period and
after construction is complete. The program must include the proposed
ownership of the permanent controls, the identity of the parties responsible
for the maintenance of the controls and the details for the financial
responsibility for any required maintenance.
(10)
A description of federal, state and/or local agency involvement
with the project.
B.
Site plan(s). An individual site plan(s) of the project area shall be prepared and submitted in conformance with the size and format requirements for plans set forth in Chapter 355, Subdivision and Land Development. The plan(s) shall contain the items and information set forth below. In the appropriate submittal, these requirements can be combined with the plan content requirements of Chapter 257, Natural Features Preservation.
(1)
The location of the project relative to highways, municipalities
or other identifiable landmarks.
(2)
North arrow with meridian noted.
(3)
A graphic and written scale. The plan shall be prepared at a scale
which permits all required and pertinent information to be clearly
shown.
(4)
Tract boundaries and tract sizes, existing and proposed, with distances
marked to the nearest foot and boundaries to the nearest degree.
(5)
Existing and proposed contours at intervals of two feet. In areas
of steep slopes greater than 15%, five-foot contours intervals may
be used.
(6)
Streams, lakes, ponds or other bodies of water within the project
area or outside the project area if the body of water could be affected
by runoff from the project.
(7)
Existing easements and adjoining property owners.
(8)
Existing and proposed land uses.
(9)
Soil types and boundaries.
(10)
The location of all existing and proposed utilities, sanitary
sewers, and water lines located within the site and outside the site
within 50 feet of property boundaries.
(11)
Other physical features including flood hazard boundaries, buffers,
existing drainage courses, areas of natural vegetation to be preserved,
and the total extent of the upstream area draining through the site.
(12)
The name of the development, the name and address of the owner
of the property, the name of the individual or firm preparing the
plan, date of submission and revision dates.
(13)
Existing and proposed man-made features including structures,
roads, paved areas, buildings, wells, sewage disposal systems, drainage
facilities and any other significant features.
(14)
The location(s) of public water supply wells and surface water
intakes as well as their source water protection areas.
(15)
Proposed changes to land surfaces and vegetative cover to include
the limits of earth disturbance, type and amount of impervious or
semi-impervious surface to be added, and areas to be cut and filled.
(16)
Wetlands as delineated by a qualified wetlands scientist and
surveyed by a licensed land surveyor.
(17)
Existing and proposed drainage patterns, swales and open channels.
(18)
Existing streams, lakes, ponds, vernal ponds, wetlands or other
waters of the commonwealth within the project area.
(19)
Existing and proposed drainage area boundaries, including on-site
and off-site contributory areas.
(20)
Existing and proposed stormwater management and erosion and
sediment pollution control BMPs.
(21)
Details/profiles of all proposed stormwater management and erosion
and sediment pollution control BMPs.
(22)
Soil test locations.
(23)
Areas subject to special deed restrictions affecting or affected
by stormwater management.
(24)
Easements and rights-of-way to proposed stormwater controls.
(25)
A note on the plan indicating the location and responsibility
for maintenance of stormwater management facilities that would be
located off-site. All off-site facilities shall meet the performance
standards and design criteria specified in this chapter.
(26)
A note on the plan referencing the associated narrative report
and erosion and sediment pollution control plan.
(27)
A statement signed by the applicant acknowledging that any revision
to the drainage plan must be approved by the Township, and that a
revised E&S plan must be approved by the Monroe County Conservation
District.
(28)
The following signature block to be signed by the designer:
"I, (designer), on this date (date of signature); hereby certify that
the drainage plan meets all design standards and criteria of the Coolbaugh
Township Stormwater Management and Earth Disturbance Ordinance."
[1]
Editor's Note: See 63 P.S. § 148 et seq.
A.
The drainage plan shall be submitted along with the drainage permit application according to the procedure required by Chapter 355, Subdivision and Land Development, or, in the case of a regulated activity not subject to the SALDO, as directed by the Zoning Office. The drainage permit application form is attached to this chapter as Appendix C.
B.
For any activities that require an NPDES permit for stormwater discharges from construction activities, or a PADEP joint permit application, or a PennDOT highway occupancy permit, or any other permit under applicable state or federal regulations, or are regulated under Chapter 105 (Dam Safety and Waterway Management) or Chapter 106 (Floodplain Management) of PADEP's Rules and Regulations, the proof of application for said permit(s) or approvals shall be part of the submission. The drainage plan shall be coordinated with the state and federal permit process and the Township's SALDO review process.
C.
The application shall be accompanied by the requisite fee as set
forth in the Township's fee schedule.
D.
For those regulated activities which require SALDO approval, the
drainage plan shall be submitted by the applicant as part of the preliminary
plan or land development plan submission.
E.
For those regulated activities that do not require SALDO approval,
the application shall be accompanied by the requisite number of applications
and plans as set forth by Township resolution.
F.
Any submission found incomplete shall not be accepted for review
and shall be returned to the applicant with written notification of
the manner in which the application is incomplete.
A.
The Township Engineer shall review the drainage plan for consistency with any applicable Act 167 Stormwater Management Plan, the provisions of this chapter and any applicable provisions of Chapter 355, Subdivision and Land Development.
B.
The Monroe County Conservation District shall review the consumptive
use tracking report. Where thresholds for consumptive use have been
established, the Conservation District will notify the Township and
the applicant in the event that established thresholds have been met.
C.
The Erosion and Sedimentation Pollution Control Plan shall be reviewed
by the Monroe County Conservation District and found adequate to meet
the requirements of 25 Pa. Code § 102 regulations prior
to approval of the drainage plan.
D.
For regulated activities requiring approval under Chapter 355, Subdivision and Land Development, the review of the drainage plan shall adhere to the time requirements of that chapter and the applicable provisions of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
E.
For the review of all other regulated activities requiring drainage
plan approval, the Township Engineer shall review the plans and advise
the Township and the applicant within 90 days of receipt of a complete
drainage plan application whether or not the plan meets the requirements
of this chapter. Any drainage plan found to be inconsistent or noncompliant
with these regulations may be revised and resubmitted triggering a
new ninety-day review period.
F.
In the event the drainage plan is found to be inconsistent or noncompliant with this chapter, and no revised plans have been submitted, the Township shall notify the applicant that the drainage plan, and any associated subdivision, land development and/or permit application, has been rejected. The applicant may file an appeal of this decision as set forth in § 344-38 of this chapter.
A.
The drainage permit will be issued after approval of the drainage
plan. The drainage permit shall be issued by the Board of Supervisors
concurrently with final subdivision or land development approval,
or by the Zoning Officer concurrently with the issuance of the zoning
permit, whichever is applicable.
B.
A drainage permit shall not be issued unless all required approvals or permits have been obtained from state and federal agencies including the following: approval of an Erosion and Sedimentation Pollution Control Plan by the Monroe County Conservation District, approval of any required NPDES permit, approval of a PennDOT Highway Occupancy Permit where stormwater control issues are involved, and any other required state or federal permits related to stormwater management issues, and a maintenance contract in accordance with § 344-32 has been executed.
C.
The municipality's approval of a drainage plan shall be valid for
a period not to exceed five years, commencing on the date that the
municipality signs the approved drainage plan. If stormwater management
facilities included in the approved drainage plan have not been substantially
constructed within this five-year time period, then the municipality
may consider the drainage plan disapproved and may revoke any and
all permits.
Modification of an approved or rejected drainage plan that involves a change in stormwater management facilities or techniques, or that involves the relocation of redesign of stormwater management facilities, or that is necessary because soil or other conditions are not as stated in the original drainage plan shall require the resubmission of a modified drainage plan consistent with § 344-12 of this chapter, and subject to review as set forth in § 344-13 of this chapter.
A.
The applicant's design professional shall make inspections during construction according to the submitted and approved inspection schedule. At the completion of the project, and as a prerequisite for the release of the performance guarantee, the applicant shall provide a certification from a design professional verifying that the inspections have been made and that the construction has been completed according to the approved plans and specifications, and approved revisions thereto, as described in § 344-30 of this chapter.
B.
During any stage of the work, if the Township or its designee determines that the stormwater management facilities are not being implemented according to the approved drainage plan, or that site conditions are not as stated or shown on the drainage plan, the Board of Supervisors or the Zoning Officer, whichever is applicable, may suspend or revoke the drainage permit until a revised plan is submitted and approved as set forth in § 344-15 of this chapter.
C.
Any portion of the work which does not comply with the approved drainage
plan must be corrected by the permittee within the time period specified
by the Township. No work may proceed on any subsequent phase of the
drainage plan, the subdivision or land development or building construction
until the required corrections have been made.
D.
A final observation of all required improvements shown on the approved
drainage plan shall be conducted by the Township Engineer or designee
to verify general compliance with the drainage plan prior to issuance
of any occupancy permit. The permittee must supply a certification
from an engineer that all required improvements have been completed
in accordance with the approved drainage plan prior to the return
of any performance or improvements guarantees by the Township. As-built
plans are required, unless determined not to be necessary by the Township.
A.
The applicant shall submit a proposed schedule of inspections to
be made by the applicant's design professional for review and approval
by the Township.
B.
The Township or its municipal designee shall observe the installation
of the permanent stormwater management facilities as deemed appropriate
by the Township.
C.
During any stage of the work, if the Township or its designee determines
that the permanent stormwater management facilities are not being
installed in accordance with the approved drainage plan, the Township
shall revoke any existing permits or other approvals and issue a cease
and desist order until a revised drainage plan is submitted and approved,
as specified in this chapter.
D.
A final observation of all stormwater management facilities shall
be conducted by the Township or its designee to verify compliance
with the approved drainage plan prior to the issuance of any occupancy
permit.
A.
A fee schedule for the drainage permit, covering the reimbursement
of costs to Coolbaugh Township for plan review, permit issuance and
inspections shall be approved by resolution of the Board of Supervisors,
who shall have the right to amend the fee schedule by resolution,
as necessary.
B.
An occupancy permit for a completed project subject to a drainage
permit will not be issued until all required fees have been paid.
