The following items shall be included in the SWM site plan:
A.
Appropriate sections from Chapter 210, Subdivision and Land Development (SALDO), and other applicable local ordinances shall be followed in preparing the SWM site plans. In cases where the requirements of the SALDO and this chapter conflict, the more stringent requirement shall apply.
B.
Foster 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 an SWM site plan is found
to be deficient, Foster Township may either disapprove the submission
and require a resubmission, or in the case of minor deficiencies,
Foster Township may accept submission of modifications.
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 for Foster Township Engineer:
"[Foster Township Engineer], on this date [date of signature],
has reviewed and hereby certifies that the SWM site plan is in substantial
compliance with the Foster Township Stormwater Management Ordinance."
E.
The SWM site plan shall provide the following information:
(1)
The overall stormwater management concept for the project.
(2)
A determination of site conditions in accordance with the BMP Manual§ 192-37A. A detailed site evaluation shall
be completed for projects proposed in areas of carbonate geology or
karst topography, mined areas, and other environmentally sensitive
areas, such as brownfields; depending on site conditions, more stringent
standards than those in this chapter may be imposed at the discretion
of the Township Engineer.
(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 § 192-10; computations are required for all proposed stormwater management facilities.
(4)
Expected project time schedule.
(5)
A soil erosion and sediment control plan, where applicable, as prepared
for and submitted to the approval authority, and in conformance with
25 Pa. Code Chapter 102.
(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. Roof drain, sump pump and foundation
drain piping shall be shown in plan view for all nonresidential land
developments.
(8)
SWM site plan shall show the locations of existing and proposed on-lot
wastewater facilities and water supply wells.
(9)
The SWM site plan shall include an 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)
The SWM site plan shall include the following additional elements:
(a)
Shall be on twenty-four-inch by thirty-six-inch plan sheets.
(b)
Construction details of all proposed stormwater management facilities.
(c)
A stormwater facility design narrative.
(d)
A signature block containing the name, address, and phone number
of the individual responsible for the operation and maintenance plan.
(e)
A drainage area map with drainage area boundaries, land cover
and time of concentration paths shown.
(f)
Existing contour intervals of two feet.
(g)
All existing features and utilities on the property and within
50 feet of property.
(h)
One-hundred-year floodplain and 100-year floodway lines along
with the source of the information.
(i)
Proposed structures, roads, buildings and grades.
(j)
Soil boundary lines, soil descriptions, soil limitations and
proposed resolutions to the soil limitations.
(k)
Date of submission, North arrow, graphic scale, call-before-you-dig
note and reference number, location map with scale and orientation
of north, name of development, name and address of property owner,
and the name and address of individual preparing the SWM site plan.
(l)
Existing and proposed easements along with legal descriptions
for the easements.
(m)
Statement signed by landowner, stating that they cannot alter
any stormwater management facility without prior permission of Foster
Township.
(n)
Soil infiltration test locations, surface elevation, infiltration
test elevation, limiting zone elevation.
(o)
Location and existing use classification of receiving waterway.
(p)
During-construction and post-construction inspection schedule,
along with the name and address of the person performing the inspections.
(q)
Wetland boundaries.
(r)
Wetland delineation report completed within five years of the
initial application.
(s)
All modifications granted to the provisions of this chapter.
(t)
A plan legend detailing all existing and proposed features shown
in plan view.
(u)
A sensitive resource map which shows all sensitive resources
located on the site to be preserved (woodlands, meadows, floodplains,
rock outcrops, wetlands, natural drainageways, riparian areas, steep
slopes and other natural features).
(v)
A signature block for the Foster Township Supervisors.
(w)
Property lines and the names of all adjoining property owners.
(y)
Any other item that is deemed necessary by the Township Engineer
to satisfy the general intent of this chapter.
B.
Additional copies shall be submitted as requested by Foster Township
or PADEP.
C.
If the SWM site plan involves a land development plan, the number
of copies of the SWM site plan shall coincide with the number of copies
required for the land development application. Please note all land
developments require a Level 4 application and an SWM site plan; however,
it is possible that a project can require a Level 4 application and
SWM site plan but not be classified as a land development.
A.
The SWM site plan shall be reviewed by the Foster Township Engineer
for consistency with the provisions of this chapter. After review,
the Township Engineer shall provide a written recommendation for the
Foster Township Supervisors to approve or disapprove the SWM site
plan. If it is recommended to disapprove the SWM site plan, the Township
Engineer shall state the reasons for the disapproval, in writing,
referencing sections of this chapter in which the plan is deficient.
The Township Engineer also may recommend approval of the SWM site
plan with conditions and, if so, shall provide the acceptable conditions
for approval in writing. The SWM site plan review and recommendations
shall be completed within the time allowed by the Municipalities Planning
Code[1] for reviewing subdivision plans.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The Foster Township Supervisors shall notify the applicant, in writing,
within 45 days whether the SWM site plan is approved or disapproved.
If the SWM site plan involves a land development plan, the notification
period is 90 days. If a longer notification period is provided by
other statute, regulation, or ordinance, the applicant will be so
notified by Foster Township. If Foster Township disapproves the SWM
site plan, Foster Township shall cite the reasons for disapproval
in writing.
C.
If the SWM site plan involves a land development plan, the approval/disapproval
of the plan shall coincide with the approval/disapproval of the land
development.
A modification (revision) to a previously submitted SWM site
plan that involves a change in SWM BMPs or 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 Foster Township shall require a resubmission of the
modified (revised) SWM site plan in accordance with this article.
A disapproved SWM site plan may be resubmitted, with the revisions
addressing Foster Township's concerns, to Foster Township in
accordance with this article. The applicable review fee must accompany
a resubmission of a disapproved SWM site plan.
Foster Township's approval of an SWM site 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. Foster Township may specify a term of validity shorter than five years in the approval for any specific SWM site plan. Terms of validity shall commence on the date Foster Township signs the approval for an SWM site plan. If an approved SWM site plan is not completed according to § 192-22 within the term of validity, then Foster Township may consider the SWM site plan disapproved and may revoke any and all permits. SWM site plans that are considered disapproved by Foster Township shall be resubmitted in accordance with § 192-20 of this chapter.
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 Foster Township.
B.
The as-built submission shall include a certification of compliance
signed by a qualified professional, verifying that all permanent SWM
BMPs have been constructed according to the approved plans and specifications.
If any licensed qualified professionals contributed to the construction
plans, then a licensed qualified professional must sign the completion
certificate.
C.
After receipt of the completion certification by Foster Township,
Foster Township or its official designee may conduct a final inspection.
D.
If an SWM site plan is associated with a residential land development,
building permits shall not be issued by Foster Township unless a certification
of compliance or financial security for all required site improvements
is provided to the Township. Also, the construction of residential
dwellings shall require the submission and approval of a Level 2 application
prior to the building permit being issued. If an SWM site plan is
associated with a nonresidential land development, an occupancy permit
shall not be issued by Foster Township unless a certification of compliance
is provided to the Township.
A.
The provisions of this chapter are intended as a minimum standard
for the protection of the public health, safety, and welfare. If the
literal compliance with any mandatory provision of these regulations
is shown by the applicant, to the satisfaction of the Supervisors,
to be unreasonable or to cause undue hardship as it applies to a particular
property or if the applicant shows that an alternative proposal will
allow for equal or better results, the Supervisors may grant a modification
from such mandatory provision so that substantial justice may be done
and the public interest secured while permitting the reasonable utilization
of the property. However, the granting of a modification shall not
have the effect of making null and void the intent and purpose of
this chapter.
B.
In granting modifications, the Supervisors may impose such conditions
as will, in their judgment, secure substantially the objectives of
the standards and requirements of this chapter.
C.
All requests for modifications shall be in writing, shall accompany
and be made a part of the development application, and shall include:
D.
If the Supervisors deny the request, the applicant shall be notified,
in writing, of the reasons for denial. If the Supervisors grant the
request, the final record plan shall include a note which identifies
the modification as granted. In any case, the Supervisors shall keep
a written record of all actions on all requests for modifications.
E.
Modifications cannot be granted by the Supervisors to any section
of this chapter that is a mandatory provision required by the Luzerne
County Act 167 Phase II Stormwater Management Plan.
F.
All modification requests shall be acted upon by the Supervisors
within 45 days of a written request for such modification. In the
event the Supervisors or Township Engineer needs additional information
to evaluate the modification request, the request for additional information
shall be in writing. The forty-five-day time limit for required action
by the Supervisors shall begin anew upon the receipt of the updated
information provided by the applicant. A failure by the Supervisors
to act upon the request within the specified time period shall be
deemed approval of the modification request.
