A.
Appropriate sections from the municipality's Subdivision and
Land Development Ordinance,[1] and other applicable local ordinances, shall be followed
in preparing the SWM site plans. In instances where the municipality
lacks subdivision and land development regulations, the content of
SWM site plans shall follow the county's Subdivision and Land
Development Ordinance.
B.
The municipality 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 municipality may either disapprove the submission
and require a resubmission, or, in the case of minor deficiencies,
the municipality 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(17) below.
(1)
A minimum twenty-foot-wide drainage easement shall be provided for
all stormwater management facilities. Drainage easements shall provide
for ingress and egress to a public right-of-way.
(2)
A minimum twenty-foot-wide drainage easement shall be provided where
the conveyance, treatment, of stormwater, either existing or proposed,
is identified on the stormwater management plan. Drainage easements
shall be provided to contain and convey the 100-year storm event.
(3)
A note on the stormwater management plan indicating that nothing
shall be placed, planted, set, or put within the area of an easement.
No alterations to swales, basins, BMPs, or other stormwater management
shall be permitted without prior approval.
(4)
Stormwater management facilities not located within a public right-of-way
shall be contained in and centered within a drainage easement. Easements
shall follow property boundaries where possible.
D.
The following signature block for the municipality:
"(Municipal official or designee), on this date (Signature date),
has reviewed and hereby certifies that the SWM site plan meets all
design standards and criteria of the Municipal Ordinance No. (number
assigned to ordinance)."
E.
The SWM site plan shall provide the following information:
(1)
A written report including an overall project description of the
proposed stormwater management concepts, including a summary identifying
specific LID and green infrastructure practices and the existing site
conditions. Including stormwater runoff calculations for both predevelopment
and post-development conditions, including complete hydrologic, hydraulic,
and structural computations for all stormwater management facilities.
(3)
All calculations, assumptions, and criteria used in the design of
the stormwater management facilities must be shown. If multiple facilities
are used in conjunction with each other, such as infiltration BMPs
with vegetation-based management practices, a summary narrative shall
be included describing any sequencing and how the facilities are meant
to function with each other to manage stormwater runoff in accordance
with this chapter.
(4)
The sheet sizes shall be either 11 inches by 17 inches, 18 inches
by 24 inches, 22 inches by 34 inches, or 24 inches by 36 inches. If
the plan is prepared in two or more drawing sheets, a full-size drawing
and key map showing the location of the sheets and a match line shall
be placed on each sheet. Each sheet shall be numbered to show the
relationship to the total number of sheets in the plan set.
(5)
Proposed name or identifying title of project.
(6)
Name and address of the landowner and applicant of the project site.
(7)
The limit of disturbance (LOD) shall be shown with its area labeled
in square feet or acres.
(8)
Plan date and date of the latest revision to the plan.
(9)
North point, graphic scale and written scale. All plans shall be
drawn at a scale sufficient to determine consistency with this and
other municipal ordinances.
(10)
A table on the plan indicating the total acreage of the project
site and the tract of land on which the project site is located, assumed
square footage of impervious surface for each lot, and the assumed
square footage of impervious surface permitted for each stormwater
management facility.
(11)
A location map, for the purpose of locating the project site
to be developed, at a minimum scale of 1,000 feet to the inch, showing
the relation of the tract to adjoining property and to all streets
and the municipality boundaries existing within 400 feet of any part
of the tract of land on which the project site is proposed to be developed.
(12)
A soil erosion and sediment control plan, where applicable,
as prepared for and submitted to the approval authority as well as
the municipality.
(13)
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.
(14)
A hydrogeologic assessment of the effects of stormwater runoff
on sinkholes, where present.
(15)
Plan and profile drawings of all SWM BMPs, including drainage
structures, pipes, open channels, and swales. All plans and profiles
should align vertically on the sheets for reference. All utility crossings
shall be shown on these profiles.
(16)
SWM site plan shall show the locations of existing and proposed
on-lot wastewater facilities and water supply wells.
(17)
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.
(18)
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.
(19)
A description of permanent stormwater management techniques,
including the construction specifications and the materials to be
used for stormwater management facilities.
(20)
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.
(21)
A list of all requested waivers to the stormwater management
ordinance.
(22)
Existing features.
(a)
Tract boundaries showing distances, bearings, and curve data,
as located by field survey or by deed plotting.
(b)
Existing contours at vertical intervals of one or two feet for
land with an average natural slope of 20% or less and at vertical
intervals of five feet for more steeply sloping land. The location
of the benchmark and the datum used shall also be indicated.
(c)
The names of all owners of all immediately adjacent unplatted
land and the locations and dimensions of any streets or easements
shown thereon.
(d)
The names, locations, and dimensions of all existing streets,
railroads, watercourses, drainage facilities, floodplains, streams,
lakes, ponds, and other water bodies, existing drainage courses, karst
features, and other significant features within 200 feet of any part
of the tract proposed to be developed and the location of all buildings
and structures.
(e)
Other physical features including wetlands, sinkholes, areas
of native vegetation to be preserved, including trees greater than
two inches in diameter at breast height, woodlands, other environmentally
sensitive areas, and the total extent of the upstream area draining
through the project site.
(f)
The locations of all existing utilities, including on-lot disposal
systems and wells, sanitary sewers, and water lines within 200 feet
of the property lines.
(g)
Soil boundaries and soil types as designated by the NRCS.
(h)
Existing zoning districts and property line setbacks.
(23)
Proposed features.
(a)
The proposed land use, the number of lots and dwelling units,
and the extent of commercial, industrial, or other nonresidential
uses.
(b)
The locations and dimensions of all proposed streets, parks,
playgrounds, and other public areas, sewer and water facilities; lot
lines and building locations; parking compounds, driveways, paved
areas, and other impervious surfaces.
(c)
The proposed changes to land surface and vegetative cover, including
areas to be cut or filled.
(d)
Proposed contours at vertical intervals of two feet for land
with an average natural slope of 15% or less and at vertical intervals
of five feet for more steeply sloping land.
(e)
Finished elevations on tops of curbs at lot lines projected
and lot corners. Elevations shall be shown to the nearest tenth of
a foot.
(f)
A summary table depicting the minimum lowest floor elevation,
which includes the basement for all lots located immediately adjacent
to the floodplain area.
(g)
The location of any proposed on-lot disposal system, replacement
drain field easements, and water supply wells.
(h)
The location of any proposed signage identifying the constructed
BMP. Proposed signage shall be installed on any nonresidential property
or property under the control of a homeowners' association or
community association.
(i)
A summary table on the plan identifying all BMPs including BMP
ID, drainage area to the BMP, name of receiving waterbody, the BMP's
inspection and maintenance frequency, name of responsible person or
organization at the time of stormwater management plan approval, and
the lot numbers where the BMP is located.
(j)
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, 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.
(k)
A planting plan is required for all vegetated stormwater BMPs.
(l)
Native or naturalized/noninvasive species suitable to the soil
and hydrologic conditions of the site shall be used unless otherwise
specified in the BMP Manual.
(m)
Invasive vegetation may not be included in any planting schedule.
(See Invasive Plants in Pennsylvania as published by the Department
of Conservation and Natural Resources.)
(n)
The limit of existing, native vegetation to remain shall be
delineated on the plan along with proposed construction protection
measures.
(o)
Prior to construction, a tree protection zone shall be delineated
at the dripline of the tree canopy. The tree protection zone of trees
scheduled to remain shall be marked. Groups of trees may be marked
by a protection zone along the outermost drip line boundary. A forty-eight-inch-high
snow fence or forty-eight-inch-high construction fence mounted on
steel posts located eight feet on center shall be placed along the
tree protection boundary. No construction, storage of material, temporary
parking, pollution of soil, or regrading shall occur within the tree
protection zone.
(p)
All planting shall be performed in conformance with good nursery
and landscape practice. Plant materials shall conform to the standards
recommended in the American Standard of Nursery Stock.
A.
SWM site plans shall be reviewed by the municipality for consistency
with the provisions of this chapter.
B.
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 the ordinance 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 § 508(4)(i)
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10508(4)(i).
C.
The municipality 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 subdivision and land development plan, the
notification shall occur within the time period allowed by the Municipalities
Planning Code (90 days). If a longer notification period is provided
by another statute, regulation, or ordinance, the applicant will be
notified by the municipality. If the municipality denies approval
of the SWM site plan, the municipality will state the reasons for
the denial in writing. The municipality may also approve the SWM site
plan with conditions and, if so, shall provide the acceptable conditions
for approval in writing.
D.
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.
Modifications to a submitted SWM site plan that involve 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 the municipality,
shall require a resubmission of the modified SWM site plan in accordance
with this article.
A.
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 municipality may, after consulting with DEP, 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 and that
the purpose and intent of the ordinance are observed.
B.
All requests for a modification 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 the ordinance involved, and the minimum
modification necessary.
C.
In granting any modification, the municipality may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of the Act 167 plan and this chapter.
D.
The municipality 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.
A disapproved SWM site plan may be resubmitted, with the revisions
addressing the municipality's concerns, to the municipality in
accordance with this article. The applicable review fee must accompany
a resubmission of a disapproved SWM site plan.
A.
SWM site plans independent of subdivision and land development plans. The municipality'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 municipality may 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 municipality signs the approval for a SWM site plan. If an approved SWM site plan is not completed according to § 107-28 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 may be resubmitted in accordance with § 107-26 of this chapter.
B.
SWM site plans included in a subdivision and/or land development
plan. The municipality'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 § 508(4)(ii) through (vii)
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10508(4)(ii)
through (vii).
A.
The developer shall be responsible for providing the municipality
with 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 municipality.
B.
The as-built submission shall include a certification of completion
signed by a qualified professional verifying that all permanent SWM
BMPs have been constructed according to the approved plans and specifications.
The latitude and longitude coordinates for all permanent SWM BMPs
must also be submitted at the central location of the BMPs. 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 the municipality,
the municipality may conduct a final inspection.
A.
The applicant shall provide financial security to the municipality
to assure the timely installation and proper construction of all stormwater
management facilities, including but not limited to erosion and sediment
control measures and BMPs as required by the approved stormwater management
plan and this chapter. The posting and administration of financial
security to guarantee the completion of required improvements and
common amenities shall comply with the provisions of this section,
the MPC, and other applicable laws of the commonwealth. Those projects
that qualify for the usage of the Small Projects Guide[1] shall not be required to provide financial security.
[1]
Editor's Note: See Appendix D, included as an attachment to this chapter.
B.
All financial security shall be prepared by the applicant in the form required by the municipality and in a form and content acceptable to the Solicitor for the municipality. The amount of the security shall be calculated in accordance with Article V of the MPC. The following are acceptable forms of security. All other forms of security shall be individually approved by the municipality.
(1)
Letter of credit. A letter of credit provided by the applicant from
a financial institution or other reputable institution subject to
the approval of the municipality. This letter shall be deposited with
the municipality and shall certify the following:
(a)
That the creditor does guarantee funds in an amount equal to
110% of the cost of completing all required improvements.
(b)
In case of failure on the part of the applicant to complete
the specified improvements within the required time period or notification
by the financial institution that the letter of credit will not be
renewed, the creditor shall pay to the municipality, immediately and
without further action, such funds as are necessary to finance the
completion of those improvements, up to the limit of credit stated
in the letter.
(c)
The letter of credit may not be withdrawn or reduced in amount
until released by the municipality.
(2)
Surety performance bond. A security bond from a surety bonding company
authorized to do business in the Commonwealth of Pennsylvania. The
bond shall be payable and in a form acceptable to the municipality.
(3)
Escrow account. A deposit of cash with the municipality or in escrow
with a financial institution. The use of a financial institution for
establishing an escrow account shall be subject to approval by the
municipality an agreement between the financial institution and himself
guaranteeing the following:
(a)
That the funds of said escrow account shall be held in trust
until released by the municipality, as appropriate, and may not be
used or pledged by the applicant as security in any other manner during
that period.
(b)
In the case of a failure on the part of the applicant to complete
said improvements, then the institution shall immediately make the
funds in said account available to the municipality for use in the
completion of those improvements.
(c)
As the work of installing the required improvements proceeds,
the party posting the financial security may request the municipality
to authorize the release of such portions of the financial security
associated with the completed improvements. Requests for the partial
release of financial security as the work of installing the required
improvements proceeds shall be made and governed by the MPC.
(d)
At such time that the applicant has completed and installed
the required improvements, the elected officials shall consider the
applicant's request for a release from the improvement guarantee
in accordance with the procedure set forth in the MPC.
C.
In the event that any improvements which are required by this chapter
have not been installed as provided in this chapter or in accordance
with the approved stormwater management plan, the municipality may
enforce any corporate bond or other security by appropriate legal
and equitable remedies. If proceeds of such bond or other security
are insufficient to pay the cost of installing or making repairs or
corrections to all the improvements covered by said security, the
elected officials may, at their option, install part of such improvements
in all or part of the stormwater management plan and may institute
appropriate legal or equitable action to recover the monies necessary
to complete the remainder of the improvements.
