For any regulated activity, unless exempt per the provisions of §
246-106:
A. Preparation and implementation of an approved SWM site plan is required.
B. No regulated activity shall commence until the municipality issues
written approval of an SWM site plan which demonstrates compliance
with the requirements of this chapter and, if required, a letter of
adequacy has been issued by the Conservation District for an erosion
and sediment control plan.
C. The preliminary or final approval of subdivision and/or land development
plans, and the issuance of any building or occupancy permit shall
not proceed until the applicant has received written approval of an
SWM site plan from the municipality.
D. The SWM site plan approved by the municipality shall be on-site throughout
the duration of the regulated activity.
The SWM site plan shall consist of a general description of the project, including items described in §
246-304, 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 SWM site plan materials shall be submitted to the municipality in a format that is clear, concise, legible, neat, and well organized; otherwise, the SWM site plan shall not be accepted for review and shall be returned to the applicant. For regulated activities with less than 10,000 square feet of proposed earth disturbance and less than 2,000 square feet of regulated impervious surfaces, the required content of the SWM site plan, operation and maintenance (O&M) plan and O&M agreement may be reduced upon approval of the municipality. At a minimum, the reduced requirements for SWM site plan maps/plan sheets (Subsection
B) must include all items required for the reduced operation and maintenance plan map/plan sheet (§
246-702A). The following items shall be included in the SWM site plan:
A. General.
(1)
A general description of the proposed project.
(2)
A listing of all regulatory approvals required for the proposed
project and the status of the review and approval process for each.
Final approval or adequacy letters must be submitted to the municipality
prior to (or as a condition of) the municipality's issuing final
approval of the SWM site plan. Proof of application or documentation
of required permits or approvals for the programs listed below shall
be part of the SWM site plan, if applicable:
(a)
NPDES permit for stormwater discharges associated with construction
activities;
(b)
PADEP permits as needed:
[1]
PADEP joint permit application;
[2]
Chapter 105 (Dam Safety and Waterway Management);
[3]
Chapter 106 (Floodplain Management);
(c)
PennDOT highway occupancy permit;
(d)
Erosion and sediment control plan letter of adequacy; and
(e)
Any other permit under applicable state or federal regulations.
(3)
A statement, signed by the applicant, acknowledging that any
revision to the approved SWM site plan shall be submitted to and approved
by the municipality, and that a revised erosion and sediment control
plan shall be submitted to, and approved by, the Conservation District
or municipality (as applicable) for a determination of adequacy prior
to construction of the revised features.
(4)
The following signature block signed and sealed by the qualified
licensed professional responsible for the preparation of the SWM site
plan:
"I (name), on this date (date of signature), hereby certify
to the best of my knowledge that the SWM site plan meets all design
standards and criteria of the Borough of Downingtown Ordinance No.
2023-01, Stormwater Management Ordinance." [Note: Include signature,
name, discipline of professional license, and license stamp or seal
here]
(5)
The following signature block for the municipality:
"On behalf of [Municipality name], (Municipal official or designee),
on this date [Signature date], has reviewed and hereby certifies to
the best of my knowledge that the SWM site plan meets all design standards
and criteria of the Municipal Ordinance No. 2023-01."
B. Maps or plan sheets. Map(s) or plan sheets of the site shall be submitted on minimum twenty-four-inch by thirty-six-inch sheets and shall be prepared in a form that meets the requirements for recording at the Chester County Office of the Recorder of Deeds and the requirements of the operation and maintenance (O&M) plan and O&M agreement (Article
VII). If the SALDO has additional or more stringent criteria than this chapter, then the SALDO criteria shall also apply. Unless otherwise approved by the Municipal Engineer, the contents of the maps or plan sheets shall include, but not be limited to:
(1)
A location map, with a scale of one inch equals 2,000 feet or
greater, showing the site location relative to highways, municipal
boundaries, or other identifiable landmarks.
(2)
The name of the project, tax parcel number(s), and the names,
addresses and phone numbers of the owner of the property, the applicant,
and firm preparing the plan.
(3)
Signature and seal of the qualified licensed professional(s)
responsible for preparation of the maps and plan sheets.
(4)
The date of SWM site plan submission and revision dates, as
applicable.
(5)
A graphic and written scale of one inch equals no more than
50 feet.
(7)
Legal property boundaries, including:
(a)
The total project property boundary and size with distances
marked to the nearest foot and bearings to the nearest degree.
(b)
Boundaries, size, and description of purpose of all existing
easements and deed-restricted areas of the project property, with
distances marked to the nearest foot and bearings to the nearest degree.
(8)
Existing natural resources and natural or man-made hydrologic
features that are located within the site or receiving discharge from,
or that may otherwise be impacted by, the proposed regulated activity,
including but not limited to:
(a)
All existing natural resources, hydrologic features and drainage
patterns including natural waterways, water bodies, wetlands, streams
(intermittent and perennial), ponds, lakes, vernal pools, etc., natural
infiltration areas and patterns, areas of significant natural evapotranspiration,
and other water features and aquatic resources.
(b)
Any existing man-made drainage features, BMPs, conveyances,
facilities, open channels, swales, drainage patterns, or other flood,
stormwater, or drainage control features.
(c)
For the site, discharge points and locations of concentrated
flows and their drainage areas.
(d)
For named waters, show names and their watershed boundaries
within the site.
(f)
For the water bodies, streams and wetlands identified in Subsection
B(8)(a), label or otherwise show the following attributes, if applicable:
[1]
The designated use as determined by PADEP (25 Pa. Code Chapter
93);
[2]
Impairments listed on the PADEP "Integrated List" (as updated)
and the listed source and cause of impairment;
[3]
Name, date, and target pollutant(s) for any approved total maximum
daily load (TMDL); and
[4]
Drainages to water supply reservoirs.
(g)
Areas that are part of the Pennsylvania Natural Diversity Inventory
(PNDI) and a list of potential impacts and clearances received (for
regulated activities involving one acre or more proposed earth disturbance).
(h)
Woods, vegetated riparian buffers and other areas of natural
vegetation.
(i)
Topography using contours (with elevations based on established
benchmarks) at intervals of two feet. The datum used and the location,
elevation and datum of any benchmarks used shall be shown.
(j)
Areas classified by the municipality as steep slopes.
(k)
Soil names and boundaries, general type of soils with hydrologic
soil group noted, and in particular note areas most conducive to infiltration
BMPs, such as Groups A and B, etc., estimated permeabilities in inches
per hour, and location and other results of all soil tests and borings.
(l)
If present, areas with underlying carbonate geologic units,
existing sinkholes, subsidence or other karst features, and any associated
groundwater recharge areas with increased vulnerability to contamination.
(m)
Any contaminated surface or subsurface areas of the site.
(n)
Water supply wells.
[1]
Location of existing well(s) on the project property and delineation
of the(ir) recharge area(s) (if known), or a fifty-foot diameter assumed
recharge area;
[2]
Location of existing well(s) within 50 feet beyond the boundary
of the project property boundary (if public water supply is proposed
for the regulated activity).
(o)
Current FEMA 100-year floodplain boundaries, elevations, and
floodway boundaries for any special flood hazard areas on or within
100 feet of the property.
(p)
Boundaries of a fifty-foot construction nondisturbance buffer
to protect streams (intermittent and perennial), wetlands and other
water bodies during construction of the proposed regulated activity.
(9)
Location of the proposed regulated activity, limits of earth disturbance (disturbed area), and BMPs and conveyances relative to the location of existing natural resources and hydrologic features and special management areas resulting from the site design process of §
246-304.
(10)
Description of existing and proposed ground cover and land use,
including the type and total area.
(11)
Existing and proposed man-made features, including roads, paved
areas, buildings, and other impervious and pervious surfaces on the
project property (or an appropriate portion of the property as determined
in consultation with the Municipal Engineer) and within the proposed
disturbed area, and including the type and total area of the following:
(a)
Existing impervious surfaces (must differentiate existing impervious
surfaces installed after March 27, 2013);
(b)
Existing impervious surfaces proposed to be replaced;
(c)
Existing impervious surfaces to be permanently removed and replaced
with pervious ground cover;
(d)
New or additional impervious surfaces; and
(e)
Percent of the site covered by impervious surfaces for both
the existing and proposed post-construction conditions.
(12)
The total extent of the upstream area draining through the site.
(13)
All BMPs, conveyances and other stormwater management facilities
shall be located on the plan sheets, including design drawings, profile
drawings, construction details, materials to be used, description
of function, etc.
(14)
Complete delineation of the flow paths used for calculating
the time of concentration for the predevelopment and post-construction
conditions shall be included.
(15)
The locations of all existing and proposed utilities, sanitary
sewers, on-lot wastewater facilities (including subsurface tanks and
leach fields), and water supply lines within the site and within 50
feet beyond the proposed limits of earth disturbance.
(16)
A grading plan, including all areas of proposed earth disturbance
and the proposed regulated activity and delineating the boundary or
limits of earth disturbance of the site. The total disturbed area
of the site shall be noted in square feet and acres.
(17)
Proposed final grade elevations and contours at intervals of
two feet.
(18)
For each proposed BMP and conveyance included in the SWM site
plan (including any to be located on any property other than the property
being developed by the applicant), the following shall be included
on the SWM site plan map or plan sheets:
(a)
Identification of the person responsible for ongoing inspections,
operation, repair, and maintenance of the BMP or conveyance after
completion of construction.
(b)
Delineation of the land area, structures, impervious surfaces,
and conveyances draining to and from the BMP or conveyance.
(c)
Easements, as per the requirements of Article
VII, that shall include:
[1] Boundaries labeled with distances shown in feet
and bearings to the nearest degree;
[2] Notes or other documentation, as needed, to grant
the municipality the right of access to all BMPs and conveyances for
the purposes of inspection and enforcement of the requirements of
this chapter, and any applicable O&M plans and O&M agreements;
[3] Notes or other documentation, as needed, to grant
the municipality the right of access to all roadways necessary to
access all BMPs and conveyances, where roadways are not to be dedicated
to the municipality;
[4] Notes or other documentation as needed to grant
the owner of any BMP or conveyance the right of access for the purpose
of inspection, operation, maintenance, and repair of the BMP or conveyance
that is to be owned, operated, and maintained by a person other than
the municipality, and other than the owner of the property on which
the BMP or conveyance is located;
[5] A minimum twenty-foot-wide perimeter, or other
width as determined by the municipality, around all BMPs and conveyances;
[6] Sufficient vehicular ingress to and egress from
a public right-of-way or roadway, as determined in consultation with
the Municipal Engineer; and
[7] Accompanying notes or other documentation as needed, and in accordance with Article
VII, describing the type, purpose, and total area of easements, who the easement is granted to, and the rights, duties, and obligations of the parties with respect to every BMP or conveyance.
(d)
Boundaries of land areas (if any) for which deed restrictions
are required for the purpose of protecting and prohibiting disturbance
to a BMP or conveyance, indicating the area to which the restriction
applies with distances shown in feet and bearings to the nearest degree,
and a written description of the type, purpose, and nature of the
restriction.
(e)
Other items that may be needed to comply with all other requirements of Article
VII.
C. A written description of the following information shall be included
in the SWM site plan:
(1)
Existing features, conditions, natural resources, hydrologic features, and special management areas [as listed in §
246-402B(8)];
(2)
How the site design achieves the requirements of §
246-304, and, if applicable, where they could not be achieved and why;
(3)
The overall stormwater management design concept for the project and how the site design achieves the requirements of §§
246-301 through
246-311 of Article
III;
(4)
Proposed features and conditions, proposed erosion and sediment
control features, proposed BMPs, conveyances, and any other stormwater
facilities;
(5)
A description of the effect of the project (in terms of flow
alteration and runoff volumes, water quality and peak flows, etc.)
on existing natural resources, hydrologic features and special management
areas, adjacent and downgradient properties, and any existing municipal
or other stormwater conveyance system(s), that may be affected by
or receive runoff from the regulated activity (whether located within
or outside of the area of the regulated activity), and specifics of
how erosion, water quality and flow impacts will be avoided or otherwise
mitigated;
(6)
Proposed nonpoint source pollution controls and justification
and confirmation that the proposed project will not result in any
increased pollutant loadings to any existing stream or stream impairment
identified by PADEP, or to any receiving water body;
(7)
Expected project time schedule; and
(8)
Description of construction stages or project phases, if so
proposed.
D. A detailed site evaluation conducted by a qualified licensed professional for projects proposed in areas of carbonate geology or karst topography and other environmentally sensitive areas, such as contaminated sites and brownfields, as described in §
246-301O and
R of this chapter.
E. Stormwater runoff design computations and documentation, such as hydrologic, hydraulic, and structural computations, assumptions, BMP loading ratios, etc., consistent with the guidelines and criteria presented in the PA BMP Manual (as amended) or other guidance acceptable to the Municipal Engineer, and used in the design of the BMPs, conveyances and other features proposed to be utilized for stormwater management, or as otherwise necessary to demonstrate that the requirements of this chapter have been met, specifically including the requirements in §§
246-301 and
246-304 through
246-309.
F. Inspections, operation and maintenance requirements. The following documents shall be prepared and submitted to the municipality for review and approval as part of the SWM site plan, in accordance with the requirements of Article
VII, for each BMP and conveyance included in the SWM site plan (including any to be located on any property other than the property being developed by the applicant):
(3)
Any easement agreements that are needed to ensure access, inspection,
maintenance, operation, repair and permanent protection of any permanent
BMP(s) and conveyances associated with the regulated activity;
(4)
Any written deed, deed amendment or equivalent document (if
needed) to be recorded against a subject property, as shown on the
SWM site plan maps or plan sheets, or recorded plan sheets for the
purpose of protecting and prohibiting disturbance to a BMP or conveyance;
and
(5)
Written approval, easement agreements, or other documentation for discharges to adjacent or downgradient properties when required to comply with §
246-301G and Article
VII of this chapter.
G. An erosion and sediment control plan, where applicable, as prepared
for and submitted to the Conservation District and/or municipality.
A letter of adequacy from the Conservation District, if applicable,
must be submitted to the municipality prior to (or as a condition
of) the municipality's final approval of the SWM site plan.
H. A highway occupancy permit from the Pennsylvania Department of Transportation
(PennDOT) District Office must be submitted to the municipality prior
to (or as a condition of) the municipality's final approval of
the SWM site plan when utilization of a PennDOT storm drainage system
is proposed.
A complete SWM site plan that complies with all applicable provisions of §
246-402 shall be submitted to the municipality for review and approval, as follows:
A. The SWM site plan shall be coordinated with the applicable state
and federal permit process and the municipal SALDO review process.
All permit approvals or letters of adequacy not yet received by the
applicant at the time of submittal of the SWM site plan to the municipality
must be submitted to the municipality prior to (or as a condition
of) the municipality's final approval of the SWM site plan.
B. For projects that require SALDO approval, the SWM site plan shall
be submitted by the applicant as part of the preliminary plan submission
where applicable for the regulated activity.
C. For regulated activities that do not require SALDO approval, the
SWM site plan shall be submitted by the applicant for review in accordance
with instructions from the municipality.
D. The number of copies of the SWM site plan to be submitted by the
applicant for review shall be in accordance with instructions from
the municipality.
E. The corresponding review fee shall be submitted to the municipality
simultaneously with the SWM site plan, per the municipality's
fee schedule.
F. Any submissions to the municipality that are found to be incomplete
shall not be accepted for review and shall be returned to the applicant
within 45 days with a notification in writing of the specific manner
in which the submission is incomplete.
G. Financial security, per the requirements of §
246-110, shall be submitted to the municipality prior to approval of the SWM site plan.
Any SWM site plan deemed inconsistent or noncompliant may be revised and resubmitted with the revisions addressing the Municipal Engineer's concerns documented in writing. The submission shall be addressed to the municipality in accordance with §
246-403 of this chapter, distributed accordingly, and be subject to review as specified in §
246-404 of this chapter. The applicable municipal review fee shall accompany a resubmission of an SWM site plan previously determined to be inconsistent or noncompliant.