For any of the activities 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 from the municipality and an adequate erosion and sediment control plan review by the conservation district.
A. 
Exemptions. The following land use activities are exempt from the drainage plan submission requirements of this chapter:
(1) 
Use of land for gardening for home consumption.
(2) 
Agriculture when operated in accordance with a conservation plan or erosion and sediment control plan (E&S) found adequate by the conservation district.
(3) 
Forest management operations which are following the Department of Environmental Protection's management practices contained in its publication "Soil Erosion and Sedimentation (E&S) Control Guidelines for Forestry" and are operating under an approved E&S plan and must comply with stream buffer requirements in § 160-15 and floodplain management requirements.
(4) 
Impervious surface. Any regulated activity that has less than 5,000 square foot of impervious surface and/or meets the following exemption criteria is exempt from the plan submittal provisions of this chapter. These criteria shall apply to the total development even if development is to take place in phases. The date of the original Brodhead and McMichaels municipal ordinance adoption 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 chapter shall not be considered in cumulative impervious area calculations for exemption purposes.
(5) 
High tunnels shall be exempt from the provisions of this chapter if:
(a) 
The high tunnel or its flooring does not result in an impervious area exceeding 25% of all structures located on the owner's total contiguous land area; and
(b) 
The high tunnel meets one of the following:
[1] 
The high tunnel is located at least 100 feet from any perennial stream or watercourse, public road, or neighboring property line.
[2] 
The high tunnel is located at least 35 feet from any perennial stream or watercourse, public road or neighboring property line and located on land with a slope not greater than 7%.
[3] 
The high tunnel is supported with a buffer or diversion system that does not directly drain into a stream or other watercourse managing stormwater runoff in a manner consistent with requirements of this chapter and the Act of April 18, 2018, P.L. 91, No. 15, and the Act of October 4, 1978 (P.L. 864, No 167).
B. 
Additional exemption criteria include:
(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 purpose of this chapter; however, drainage plans will not have to be submitted to the municipality. Please see Appendix E[1] for the procedure to follow those projects that meet the exemption requirements.
[1]
Editor's Note: Appendix E is included as an attachment to this chapter.
(2) 
This exemption shall not relieve the applicant from meeting the requirements for watersheds draining to exceptional-value (EV) waters and source water protection areas (SWPA), requirements for nonstructural project design (§ 160-14), water quality and streambank erosion (§ 160-15), and groundwater recharge (§ 160-16).
(3) 
Drainage problems. 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.
(4) 
Parent tracts. Ordinance criteria shall apply to the total development even if development is to take place in phases. The date of the municipal ordinance adoption from the original Brodhead and McMichaels Creek Act 167 plans 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.
The drainage plan shall consist of a general description of the project, including sequencing items described in § 160-14, 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.
(1) 
General description of the project including those areas described in § 160-14.
(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 letters of adequacy obtained by the conservation district.
(5) 
A general description of nonpoint source pollution controls.
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 Monroe County. If the Subdivision and Land Development Ordinance (SALDO)[1] 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 and final 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, 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) 
The location(s) of public water supply wells and surface water intakes as well as their source water protection areas.
(7) 
Soil names and boundaries.
(8) 
Limits of earth disturbance, including the type and amount of impervious area that would be added.
(9) 
Proposed structures, roads, paved areas, and buildings.
(10) 
The name of the development, the name and address of the applicant 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 existing man-made features beyond the property boundary that would be affected by the project.
(17) 
Location of all open channels.
(18) 
Overland drainage patterns and swales.
(19) 
A fifteen-foot-wide access easement to and 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 off-site. All off-site facilities shall meet the performance standards and design criteria specified in this chapter.
(22) 
A statement, signed by the applicant, acknowledging that any revision to the approved drainage plan must be approved by the municipality and that a revised E&S plan must be submitted to the conservation district for a determination of adequacy.
(23) 
The following signature block for the design engineer:
"I, (design engineer), on this date (date of signature), hereby certify that the drainage plan meets all design standards and criteria of the Brodhead and McMichaels Creek Watershed Act 167 Stormwater Management Ordinance."
[1]
Editor's Note: See Ch. 170, Subdivision and Land Development.
C. 
Supplemental information.
(1) 
A written description of the following information shall be submitted.
(a) 
The overall stormwater management concept for the project designed in accordance with § 160-14.
(b) 
Stormwater runoff computations as specified in this chapter.
(c) 
Stormwater management techniques to be applied both during and after development.
(d) 
Expected project time schedule.
(e) 
Development stages (project phases) if so proposed.
(f) 
An operation and maintenance plan in accordance with § 160-35 of this chapter.
(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.
(4) 
A declaration of adequacy and highway occupancy permit from the PennDOT district office when utilization of a PennDOT storm drainage system is proposed.
D. 
Stormwater management facilities.
(1) 
All stormwater management facilities must be located on a plan and described in detail.
(2) 
When groundwater recharge methods 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.
A. 
The municipality shall require receipt of a complete plan, as specified in this chapter.
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 plan. The plan shall be coordinated with the state and federal permit process and the municipal SALDO review process.
(1) 
For those regulated activities which require SALDO approval, the drainage plan and ERSAM shall be submitted by the applicant as part of the preliminary plan submission.
(2) 
For those regulated activities that do not require SALDO approval, see § 160-13, General requirements.
(3) 
Six copies of the drainage plan shall be submitted and distributed as follows:
(a) 
Two copies to the municipality accompanied by the requisite municipal review fee, as specified in this chapter.
(b) 
Two copies to the conservation district.
(c) 
One copy to the Municipal Engineer.
(d) 
One copy to the County Planning Commission.
(4) 
Any submissions found incomplete shall not be accepted for review and shall be returned to the applicant with a notification, in writing, of the specific manner in which the submission is incomplete.
A. 
The Municipal Engineer shall review the drainage plan for consistency with the adopted Brodhead and McMichaels Creek Watershed Act 167 stormwater management plan.
B. 
The Municipal Engineer shall review the drainage plan for any subdivision or land development against the municipal Subdivision and Land Development Ordinance[1] provisions not superseded by this chapter.
[1]
Editor's Note: See Ch. 170, Subdivision and Land Development.
C. 
The E & S plan shall be reviewed by the county conservation district and found adequate to meet the requirements of PaDEP's Chapter 102 regulations prior to municipal approval of the drainage plan.
D. 
For regulated activities specified in § 160-5 of this chapter, the Municipal Engineer shall notify the municipality, in writing, within 90 calendar days, whether the drainage plan is consistent with the stormwater management plan.
(1) 
Should the drainage plan be determined to be consistent with the stormwater management plan, the Municipal Engineer will forward a letter of consistency to the Municipal Secretary, who will then notify the developer.
(2) 
Should the drainage plan be determined to be inconsistent or noncompliant with the stormwater management plan, the Municipal Engineer shall forward a letter to the Municipal Secretary with a copy to the applicant citing the reason(s) and specific ordinance sections for the inconsistency or noncompliance. Inconsistency or noncompliance may be due to inadequate information to make a reasonable judgment as to compliance with the stormwater management plan. Any drainage plans that are inconsistent or noncompliant may be revised by the applicant and resubmitted consistent with this chapter. The Municipal Secretary shall then notify the developer of the Municipal Engineer's findings. Any disapproved drainage plans may be revised by the developer and resubmitted consistent with this chapter.
E. 
For regulated activities specified in § 160-5 of this chapter, which require a building permit, the Municipal Engineer shall notify the Enforcement Officer, in writing, whether the drainage plan is consistent with the stormwater management plan and forward a copy of the approval/disapproval letter to the applicant. Any disapproved drainage plan may be revised by the applicant and resubmitted consistent with this chapter.
F. 
For regulated activities specified in § 160-5 of this chapter that require an NPDES permit application, PADEP and the conservation district may consider the Municipal Engineer's review comments in determining whether to issue a permit.
G. 
The municipality shall not grant approval or grant preliminary approval to any subdivision or land development for regulated activities specified in § 160-5 of this chapter if the drainage plan has been found to be inconsistent with the stormwater management plan, as determined by the Municipal Engineer. All required permits from PADEP must be obtained prior to approval of any subdivision or land development.
H. 
No municipal permits shall be issued for any regulated activity specified in § 160-5 of this chapter if the drainage plan has been found to be inconsistent with the stormwater management plan, as determined by the Municipal Engineer, or without considering the comments of the Municipal Engineer shall be issued. All required permits from PADEP must be obtained prior to issuance of a building permit.
I. 
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 Municipal Engineer for final approval. In no case shall the municipality approve the record drawings until the municipality receives a copy of an approved or amended declaration of adequacy and/or highway occupancy permit from the PennDOT district office, NPDES permit, and any applicable permits or approvals, from PADEP or the conservation district.
J. 
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 § 160-28 of this chapter.
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 Municipal Engineer, shall require a resubmission of the modified drainage plan consistent with § 160-25 of this chapter and be subject to review as specified in § 160-26 of this chapter.
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 Municipal Engineer's concerns documented, in writing, and addressed to the Municipal Secretary in accordance with § 160-25 of this chapter and distributed accordingly and be subject to review as specified in § 160-26 of this chapter. The applicable municipal review and inspection fee must accompany a resubmission of a disapproved drainage plan.
The municipality'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. The municipality 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 the municipality signs the approval for an SWM site plan. If an approved SWM site plan is not completed according to § 160-28 within the term of validity, then the municipality may consider the SWM site plan disapproved and may revoke any and all permits. SWM site plans that are considered disapproved by the municipality shall be resubmitted in accordance with § 160-26 of this chapter.