For any of the activities regulated by this Part 2, 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 activity may not proceed until the property owner or applicant or his/her agent has received written approval of a drainage plan from the municipality unless the project qualifies for an exemption from the requirements to submit a drainage plan.
A.
General exemptions. The following land use activities are exempt from the drainage plan submission requirements of this Part 2.
B.
Stormwater quantity control exemption.
(1)
Any regulated activity that meets the impervious area exemption criteria in Table 410-60 shall not be required to implement the stormwater quantity controls specified in § 410-56 of this Part 2. These criteria shall apply to the total development even if development is to take place in phases. The date of adoption of this Part 2 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. Impervious areas existing on the parent tract prior to adoption of this Part 2 shall not be considered in cumulative impervious area calculations for exemption purposes.
Table 410-60 Impervious Area Exemption Criteria | |
|---|---|
Total Parcel Size (acres) | Impervious Area Exemption (square feet) |
0 to < 0.125 | 1,000 |
0.125 to < 0.5 | 2,500 |
0.5 to < 1 | 5,000 |
1 to < 2 | 7,500 |
2 to < 3 | 10,000 |
3 to < 4 | 12,500 |
>4 | 15,000 |
(2)
Submissions for projects that utilize the exemption under § 410-60B shall still be required to meet the groundwater recharge (§ 410-53), water quality (§ 410-54), and streambank erosion (§ 410-55) controls of this Part 2. Drainage plans in accordance with §§ 410-61A(2), 410-61B(7), (8), (11), (15), (22), and 410-61D(2) must still be submitted. Any exemption must first be approved by the municipality.
C.
Additional exemption requirement:
(1)
Exemption responsibilities. An exemption shall not relieve the applicant from implementing such measures as are necessary to protect the public health, safety, and property. An exemption shall not relieve the applicant from providing adequate stormwater management for regulated activities to meet the requirements of this Part 2.
(2)
HQ and EV streams. This exemption shall not relieve the applicant from meeting the special requirements for watersheds draining to high quality (HQ) or exceptional value (EV) waters, identified and source water protection areas (SWPA) and requirements for nonstructural project design sequencing (§ 410-52), groundwater recharge (§ 410-53), water quality (§ 410-54), and streambank erosion (§ 410-55).
(3)
Drainage problems.
(a)
If a drainage problem is documented or known to exist downstream of or expected from the proposed activity, then the municipality may require a drainage plan submittal.
(b)
All regulated activities occurring in drainage areas tributary to waters designated HQ/EV pursuant to 25 Pa. Code Chapter 93 shall not change any biological, chemical, or physical characteristics, including volume, rate, velocity, course, current, cross section, or temperature of the waters, unless the activity is specifically permitted in accordance with the environmental laws of the commonwealth.
D.
The municipality may deny or revoke any exemption pursuant to this section at any time for any project that the municipality believes may pose a threat to public health, safety, property or the environment.
The drainage plan shall consist of a general description of the project, including sequencing items described in § 410-52, Calculations, maps and plans. A note on the maps shall refer to the associated computations and erosion and sediment control plan by title and date. The cover sheet of the computations and erosion and sediment control plan shall refer to the associated maps by title and date. All drainage plan materials shall be submitted to the municipality in a format that is clear, concise, legible, neat, and well organized, otherwise the drainage plan shall not be accepted for review and shall be returned to the applicant. The following items shall be included in the drainage plan:
A.
General.
(2)
General description of permanent stormwater management techniques, including construction specifications of the materials to be used for stormwater management facilities.
(3)
Complete hydrologic, hydraulic, and structural computations for all stormwater management facilities.
(4)
An erosion and sediment control plan, including all reviews and approvals by the Conservation District.
(5)
A general description of nonpoint source pollution controls.
(6)
Regulated activities that create disconnected impervious areas smaller than (need a value) square feet are exempt from the peak rate control and the SWM site plan preparation requirements of this Part 2. Use of a value for (need a value) between 250 square feet to 1,000 square feet is suggested in the instructions to PADEP's draft model ordinance.[1]
[1]
Editor's Note: So in original.
B.
Maps. Map(s) of the project area shall be submitted on twenty-four-inch by thirty-six-inch sheets and/or shall be prepared in a form that meets the requirements for recording at the offices of the Recorder of Deeds of Berks County. If Chapter 425, Subdivision and Land Development (SALDO), of the Code of Caernarvon Township, has more stringent criteria, then the more stringent criteria shall apply. The contents of the map(s) shall include, but not be limited to:
(1)
The location of the project relative to highways, municipalities or other identifiable landmarks.
(2)
Existing contours at intervals of two feet. In areas of steep slopes (greater than 15%), five-foot contour intervals may be used.
(3)
Existing streams, lakes, ponds or other waters of the commonwealth within the project area.
(4)
Other physical features, including flood hazard boundaries, stream buffers, existing drainage courses, areas of natural vegetation to be preserved, and the total extent of the upstream area draining through the site.
(5)
The locations of all existing and proposed utilities, sanitary sewers, and water lines within 50 feet of property lines.
(6)
An overlay showing soil names and boundaries.
(7)
Limits of earth disturbance, including the type and amount of impervious area that would be added.
(8)
Proposed structures, roads, paved areas, and buildings.
(9)
Final contours at intervals of two feet. In areas of steep slopes (greater than 15%), five-foot contour intervals may be used.
(10)
The name of the development, the name and address of the owner of the property, and the name of the individual or firm preparing the plan.
(11)
The date of submission.
(12)
A graphic and written scale of one inch equals no more than 50 feet; for tracts of 20 acres or more, the scale shall be one inch equals no more than 100 feet.
(13)
A North arrow.
(14)
The total tract boundary and size with distances marked to the nearest foot and bearings to the nearest degree.
(15)
Existing and proposed land use(s).
(16)
A key map showing all off site existing man-made features which may be affected by stormwater runoff or stormwater management controls for the project.
(17)
Location of all open channels.
(18)
Overland drainage patterns and swales.
(19)
A fifteen-foot-wide access easement around all stormwater management facilities that would provide ingress to and egress from a public right-of-way.
(20)
The location of all erosion and sediment control facilities.
(21)
A note on the plan indicating the location and responsibility for maintenance of stormwater management facilities that would be located on-site/off-site. All on-site/off-site facilities shall meet the performance standards and design criteria specified in this Part 2.
(22)
A statement, signed by the landowner, acknowledging that any revision to the approved drainage plan must be approved by the municipality and the Conservation District.
C.
Supplemental information.
(1)
(2)
An erosion and sediment control plan.
(3)
The effect of the project (in terms of runoff volumes and peak flows) on adjacent properties and on any existing municipal stormwater collection system that may receive runoff from the project site.
D.
Stormwater management facilities.
(1)
All stormwater management facilities must be located on a plan and described in detail.
(2)
When infiltration facilities such as seepage pits, beds or trenches are used, the locations of existing and proposed septic tank infiltration areas and wells must be shown.
(3)
All calculations, assumptions, and criteria used in the design of the stormwater management facilities must be shown.
E.
Responsibilities for operations and maintenance of stormwater controls and BMPs.
(1)
No regulated earth disturbance activities within the municipality shall commence until approval by the municipality of a stormwater control and BMP operations and maintenance plan which describes how the permanent (e.g., post-construction) stormwater controls and BMPs will be properly operated and maintained.
(2)
The following items shall be included in the stormwater control and BMP operations and maintenance plan:
(a)
Map(s) of the project area, in a form that meets the requirements for recording at the Office of the Recorder of Deeds of Berks County, and shall be submitted on twenty-four-inch by thirty-six-inch sheets. The contents of the maps(s) shall include, but not be limited to:
[1]
Clear identification of the location and nature of permanent stormwater controls and BMPs;
[2]
The location of the project site relative to highways, municipal boundaries or other identifiable landmarks;
[3]
Existing and final contours at intervals of two feet, or others as appropriate;
[4]
Existing streams, lakes, ponds, or other bodies of water within the project site area;
[5]
Other physical features, including flood hazard boundaries, sinkholes, streams, existing drainage courses, and areas of natural vegetation to be preserved;
[6]
The locations of all existing and proposed utilities, sanitary sewers, and water lines within 50 feet of property lines of the project site;
[7]
Proposed final changes to the land surface and vegetative cover, including the type and amount of impervious area that would be added;
[8]
Proposed final structures, roads, paved areas, and buildings; and
[9]
A fifteen-foot wide access easement around all stormwater controls and BMPs that would provide ingress to and egress from a public right-of-way.
(b)
A description of how each permanent stormwater control and BMP will be operated and maintained, and the identity of the person(s) responsible for operations and maintenance;
(c)
The name of the project site, the name and address of the owner of the property, and the name of the individual or firm preparing the plan; and
(d)
A statement, signed by the landowner, acknowledging that the stormwater controls and BMPs are fixtures that can be altered or removed only after approval by the municipality.
(3)
The stormwater control and BMP operations and maintenance plan for the project site shall establish responsibilities for the continuing operation and maintenance of all permanent stormwater controls and BMPs, as follows:
(a)
If a plan includes structures or lots which are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the municipality, stormwater controls and BMPs may also be dedicated to and maintained by the municipality;
(b)
If a plan includes operations and maintenance by a single ownership, or if sewers and other public improvements are to be privately owned and maintained, then the operation and maintenance of stormwater controls and BMPs shall be the responsibility of the owner or private management entity.
(4)
The municipality shall make the final determination on the continuing operations and maintenance responsibilities. The municipality reserves the right to accept or reject the operations and maintenance responsibility for any or all of the stormwater control and BMPs.
F.
Municipality review of stormwater control and BMP operations and maintenance plan.
(1)
The municipality shall review the stormwater control and BMP operations and maintenance plan for consistency with the purposes and requirements of this Part 2 and any permits issued by PADEP.
(2)
The municipality shall notify the applicant in writing whether the stormwater control and BMP operations and maintenance plan is approved.
(3)
The municipality may require a record drawing of all stormwater controls and BMPs and an explanation of any discrepancies with the operations and maintenance plan.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The municipality shall require receipt of a complete plan, as specified in this Part 2. For any activities that require an NPDES permit for stormwater discharges from construction activities, a PADEP joint permit application, a PennDOT highway occupancy permit, or any other permit under applicable state or federal regulations or are regulated under 25 Pa. Code 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 plan. The plan shall be coordinated with the state and federal permit process and the review process of Chapter 425, Subdivision and Land Development.
A.
The municipality shall review the drainage plan with the standards set forth in this Part 2 for consistency with the adopted Schuylkill River Watershed Act 167 Stormwater Management Plan. Any found incomplete shall not be accepted for review and shall be returned to the applicant.
B.
SWM site plan review and approval.
(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 municipality. However, the municipality, 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 municipality beyond the first forty-five-day review and decision period designated by this subsection, the municipality 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 municipality. If no extension is imposed or granted by the municipality beyond the first forty-five-day review and decision period, and no decision has been rendered by the municipality within that period, the SWM site plan shall be deemed approved. Similarly, if after forty-five-day extension of the review and decision period has been imposed or granted by the municipality, and no decision has been rendered by the municipality with 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 municipality of the subdivision and or land development plan application which includes the SWM site plan and the approval, approval with conditions, or disapproval, 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 municipality, no change or amendment of this Part 2 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)(i) of the Pennsylvania Municipalities Planning Code.[2] Deleted.[3]
C.
Decision notification procedure. In all cases, the decision of the municipality to approve or disapprove the SWM site plan shall be in writing and shall be delivered to the application no later than 15 days following the decision. If the SWM site plan is disapproved, the written decision by the municipality shall specify the defects in the application, describe the requirements that were not met, and shall cite the provisions of this Part 2 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 the subdivision and land development plans as stated in Chapter 425, Subdivision and Land development, of the Code of Caernarvon Township, or the Berks County Subdivision and Land Development Ordinance where applicable. Deleted.[4]
[4]
Editor's Note: So in original.
D.
For regulated activities under this Part 2 that require an NPDES permit application, the applicant shall forward a copy of the Municipal Engineer's letter stating that the drainage plan is consistent with the stormwater management plan to the Conservation District. PADEP and the Conservation District may consider the Municipal Engineer's review comments in determining whether to issue a permit.
E.
The applicant shall be responsible for completing record drawings of all stormwater management facilities included in the approved drainage plan. The record drawings and an explanation of any discrepancies with the design plans shall be submitted to the municipality for final approval. The municipality may withhold approval of the record drawings until the municipality receives a copy of an approved highway occupancy permit from the PennDOT District Office, NPDES permit, and any other applicable permits or approvals, from PADEP or the Conservation District. The above permits and approvals must be based on the record drawings.
F.
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 constructed or, if constructed and record drawings of these facilities have not been approved within this five-year time period, then the municipality may consider the drainage plan disapproved and may revoke any and all permits. Drainage plans that are considered disapproved by the municipality shall be resubmitted in accordance with § 410-65 of this Part 2.
A.
A modification to a drainage plan under review by the municipality for a development site that involves a change in stormwater management facilities or techniques, or that involves the relocation or redesign of stormwater management facilities, or that is necessary because soil or other conditions are not as stated on the drainage plan as determined by the municipality, shall require a resubmission of the modified drainage plan consistent with § 410-62 of this Part 2 and be subject to review as specified in § 410-63 of this Part 2.
B.
A modification to an already approved or disapproved drainage plan shall be submitted to the municipality, accompanied by the applicable municipal review and inspection fee. A modification to a drainage plan for which a formal action has not been taken by the municipality shall be submitted to the municipality, accompanied by the applicable municipal review and inspection fee.
A disapproved drainage plan may be resubmitted with the revisions addressing the municipality's concerns documented in writing and addressed to the Municipal Secretary in accordance with § 410-62 of this Part 2 and distributed accordingly and be subject to review as specified in § 410-63 of this Part 2. The applicable municipal review and inspection fee must accompany a resubmission of a disapproved drainage plan.