A.
Designation of administrator.
(1)
The appointed Limerick Township Zoning Officer shall administer and
enforce this chapter and is referred to herein as Administrator. The
Administrator may: fulfill the administrative duties and responsibilities
set for the in these regulations; delegate administrative duties and
responsibilities in this chapter to the Municipal Engineer or any
other designee appointed by the municipality. The Administrator shall
delegate technical matters of this chapter including, but not limited
to, drainage plan review to the Municipal Engineer. In the absence
of a designated Administrator, the Administrator's duties are
to be fulfilled by the Municipal Engineer.
B.
Permits required for regulated activities. For any of the activities
regulated by this chapter, 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 a permit from the municipality, obtained an NPDES permit
for stormwater discharges associated with construction activities,
if greater than one acre of land disturbance, from the local Conservation
District and/or DEP, and an adequate erosion and sediment control
plan review by the Conservation District, as applicable. The Township
shall be provided with a copy of all outside agency permit applications
and final approval or permit. Activity regulated by this chapter includes
all of the following:
C.
Waivers.
(2)
Waivers or modifications of the requirements of this chapter may
be approved by the municipality if enforcement will exact undue hardship
because of peculiar conditions pertaining to the land in question,
provided that the modifications will not be contrary to the public
interest and that the purpose of the ordinance is preserved. Cost
or financial burden shall not be considered a hardship. Modification
may be considered if an alternative standard or approach will provide
equal or better achievement of the purpose of the ordinance. A request
for modifications shall be in writing and accompany the stormwater
management site plan submission. The request shall provide the facts
on which the request is based, the provision(s) of the ordinance involved
and the proposed modification.
(3)
No waiver or modification of any regulated stormwater activity involving
earth disturbance greater than or equal to one acre may be granted
by the municipality unless that action is approved in advance by the
Department of Environmental Protection (DEP) or the delegated county
conservation district.
D.
Erroneous permit. Any permit or authorization issued or approved
based on false, misleading or erroneous information provided by an
applicant is void without the necessity of any proceedings for revocation.
Any work undertaken or use established pursuant to such permit or
other authorization is unlawful. No action may be taken by a board,
agency or employee of the municipality purporting to validate such
a violation.
Persons desiring a permit under this article shall file an application for drainage permit with the Township which shall be accompanied by drainage plan and associated stormwater management report, as applicable, to address stormwater management, and/or an erosion and sedimentation control plan to address earth disturbance activities. If the project is exempt from regulated activities for stormwater management but not exempt from regulated earth disturbance activities, then only the erosion and sediment control plan is required to be filed with the application. The drainage plan shall consist of a general description of the project, including sequencing items described in § 151-20, 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, erosion and sediment control plan, and post-construction stormwater management (PCSWM) 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 proposed 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 from the Conservation District, as applicable.
(5)
A general description of proposed nonpoint source pollution controls.
(6)
The drainage plan application (Appendix C-1).[1] The Township reserves the right to revise the application from time to time to comply with the terms and conditions of this Chapter 151.
[1]
Editor's Note: Appendix C-1 is included as an attachment to this chapter.
(7)
The drainage plan checklist (Appendix C-2).[2]
[2]
Editor's Note: Appendix C-2 is included as an attachment to this chapter.
(8)
The development or construction schedule.
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 Montgomery County. If the SALDO has more stringent criteria
than this chapter, 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, municipal boundaries,
or other identifiable landmarks.
(2)
Existing contours at intervals of two feet. In areas of slopes greater
than 25%, 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, boundaries and limitations (in tabular
format).
(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 25%), 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 existing man-made features beyond the
property boundary that would be affected by the project.
(17)
Location of all open channels, as well as indicating where they
are draining after they leave the site (storm sewer, defined drainage
swale, stream channel, waters of the commonwealth, etc.).
(18)
Overland drainage patterns and swales.
(19)
A fifteen-foot-wide access easement to 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,
both temporary and permanent, and all post-construction stormwater
management facilities, BMPs, systems, etc.
(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 plan must be approved by the municipality
and the Conservation District and/or DEP (if greater than one acre
of land disturbance) and that a revised erosion and sediment control
plan must be submitted to the Conservation District for a determination
of adequacy, as applicable.
(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 Limerick
Township Stormwater Management Ordinance."
C.
Supplemental information to be submitted to the municipality.
(1)
A written description of the following information shall be submitted
by the applicant and shall include:
(2)
An erosion and sediment control plan.
(3)
A description of 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 Pennsylvania
Department of Transportation (PennDOT) district office when utilization
of a PennDOT storm drainage system is proposed.
D.
Stormwater management facilities.
(1)
All PCSWM BMP facilities must be located on a plan and described
in detail. The PCSWM plan package should include, at a minimum, pre-
and post-drainage area plans, an overall PCSWM plan, PCSWM details
sheets, landscaping or conservation plans, etc.
(2)
When infiltration measures such as seepage pits, beds, or trenches
are used, the locations of existing and proposed septic tanks, infiltration
areas and wells must be shown. Minimum setback distances should be
identified from water supply wells, septic areas, and any adjacent
or downgradient buildings and/or structures with below-grade floors
or inhabitable space.
(3)
All calculations, assumptions, and criteria used in the design of
the stormwater management facilities must be shown.
The municipality shall require receipt of a complete drainage
permit, as specified in this chapter.
A.
Proof of application or documentation of required permit(s) or approvals
for the programs listed below shall be part of the plan:
(1)
NPDES permit for stormwater discharges from construction activities.
(2)
DEP joint permit application.
(3)
PennDOT highway occupancy permit and/or Limerick Township road opening
permit, as applicable.
(4)
25 Pa. Code Chapter 105 (Dam Safety and Waterway Management).
(6)
Any other permit under applicable state or federal regulations.
B.
The plan shall be coordinated with the state and federal permit process
and the municipal SALDO review process.
C.
For projects that require SALDO approval, the drainage plan shall
be submitted by the applicant as part of the preliminary plan submission
where applicable for the regulated activity.
D.
Four copies of the drainage plan shall be submitted and distributed
as follows:
(1)
Two copies to the municipality accompanied by the requisite municipal
review fee, application for drainage permit and associated stormwater
management report, as required, as specified in this chapter. The
Administrator shall forward one set to the Municipal Engineer for
review and retain one set at the Municipal offices.
(2)
Two copies to the County Conservation District.
E.
Any submissions to the agencies listed above that are found to be
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 this chapter, the Limerick Township Stormwater Management Ordinance,
and the respective Act 167 stormwater management plan. Any found incomplete
shall not be accepted for review and shall be returned to the applicant.
B.
The Municipal Engineer shall review the drainage plan for any subdivision
or land development against the municipal SALDO provisions not otherwise
superseded by this chapter.
C.
The Conservation District, in accordance with established criteria
and procedures, shall review the drainage plan for consistency with
stormwater management and erosion and sediment pollution control requirements
and provide comments to the municipality. Such comments shall be considered
by the municipality prior to final approval of the drainage plan.
D.
For activities regulated by this chapter, the Municipal Engineer
shall notify the applicant and the municipality in writing, within
30 calendar days, whether the drainage plan is consistent with the
Limerick Township Stormwater Management Ordinance and Act 167 stormwater
management plan for the Swamp Creek watershed.
(1)
If the Municipal Engineer determines that the drainage plan is consistent
with the Stormwater Management Ordinance, the Municipal Engineer shall
forward a letter of consistency to the Administrator, who will issue
the permit to the applicant.
(2)
If the Municipal Engineer determines that the drainage plan does
not comply with the Stormwater Management Ordinance, the Municipal
Engineer shall forward a letter to the Administrator with a copy to
the applicant citing the reason(s) and specific ordinance sections
for the noncompliance. Any drainage plans that are noncompliant may
be revised by the applicant and resubmitted. The Administrator shall
then forward the resubmission to the Municipal Engineer for review.
E.
For regulated activities specified in §§ 151-5, 151-6, and 151-51 of this chapter that require a building permit,
(1)
The Municipal Engineer shall notify the Municipal Building Code Official
in writing, within a time frame consistent with the municipal Building
Code[1] and/or municipal SALDO, whether the drainage plan is consistent
with the Stormwater Management Ordinance.
[1]
Editor's Note: See Ch. 60, Building Construction. The
Municipal Building Code Official shall forward a copy of the consistency/inconsistency
letter to the applicant. Any drainage plan deemed inconsistent may
be revised by the applicant and resubmitted consistent with this chapter.
(2)
No building permits shall be approved by the municipality if the
drainage plan has been found to be inconsistent with the Stormwater
Management Ordinance, as determined by the Municipal Engineer and
Conservation District, or without considering the comments of the
Municipal Engineer and Conservation District.
(3)
All required permits from DEP must be obtained prior to issuance
of a building permit.
F.
For regulated activities under this chapter 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 Ordinance to the Conservation District
and/or DEP. In addition, a short summary of the proposed post-construction
stormwater management design and proposed BMPs should also be forwarded
to the Conservation District and/or DEP. DEP and the Conservation
District may consider the Municipal Engineer's review comments
in determining whether to issue an NPDES permit.
G.
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
declaration of adequacy and/or highway occupancy permit from the PennDOT
District Office, NPDES permit, and any other applicable permits or
approvals from DEP or the Conservation District. The above permits
and approvals must be based on the record drawings.
H.
The drainage permit shall be valid for a period of five years from
the issue date, or the expiration date of the associated NPDES permit,
whichever is less. If stormwater management facilities included in
the approved drainage permit have not been constructed or, if constructed,
as-built of these facilities have not been approved by the Municipal
Engineer within this time period, then the municipality may revoke
the drainage permit and any and all permits associated with the project.
Drainage plans associated with an expired permit shall be resubmitted
to the municipality as a new drainage permit application complete
with associated fees for a new application.
A.
B.
A modification to an already approved drainage permit shall be submitted
to the municipality, accompanied by the applicable municipal review
and inspection fee.
