[Ord. No. 246, 10/11/2023]
No person shall commence any regulated activity or any earth
disturbance activity until the applicant has received written approval
of a drainage plan and the Township has issued a drainage permit.
No person shall receive unconditional approval of a subdivision and/or
land development plan or the issuance of any building or occupancy
permit until the applicant has received written approval of a drainage
plan from the Township and an adequate erosion and sediment control
plan review by the Conservation District.
[Ord. No. 246, 10/11/2023]
1.
Exemptions. The following land use activities are exempt from the
drainage plan submission requirements of this Part:
A.
Use of land for gardening for home consumption.
B.
Agriculture when operated in accordance with a conservation plan
or erosion and sediment control plan found adequate by the Conservation
District.
C.
Forest management operations which are following the DEP management practices contained in its publication "Soil Erosion and Sedimentation (E&S) Control Guidelines for Forestry" and are operating under an approved erosion and sedimentation control plan. Forest management operations shall comply with stream buffer requirements in § 26-223 and floodplain management requirements.
D.
Impervious Surface. Any regulated activity that has less than 5,000
square feet of impervious surface and/or meets the following exemption
criteria is exempt from the plan submittal provisions of this Part.
These criteria shall apply to the total parent tract development even
if development is to take place in phases. Impervious areas existing
on the parent tract prior to date set forth in the definition of "parent
tract" shall not be considered in cumulative impervious area calculations
for exemption purposes.
E.
High tunnels shall be exempt from the provisions of this Part if:
(1)
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
(2)
The high tunnel meets one of the following:
(a)
The high tunnel is located at least 100 feet from any perennial
stream or watercourse, public road or neighboring property line.
(b)
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%.
2.
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
Part and the Act of April 18, 2018, P.L. 91, No. 15, and the Act of
October 4, 1978 (P.L. 864, No 167).[1] Additional exemption criteria includes:
A.
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 Part; however, drainage plans will not
have to be submitted to the Township.
B.
This exemption shall not relieve the applicant from meeting the special requirements for watersheds draining to exceptional value (EV) waters and source water protection areas (SWPA); requirements for nonstructural project design sequencing (§ 26-222); water quality and stream bank erosion (§ 26-223); and groundwater recharge (§ 26-225).
C.
Drainage Problems. If a drainage problem is documented or known to
exist downstream of, or expected from, the proposed activity, then
the Township may require a drainage plan submittal.
D.
Parent Tracts. The criteria in this Part 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.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
[Ord. No. 246, 10/11/2023]
1.
The drainage plan shall consist of a general description of the project, including sequencing items described in § 26-222, 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 Township 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.
2.
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 letters of adequacy obtained by the Conservation District.
(5)
A general description of nonpoint source pollution controls.
B.
Maps. Maps 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 SALDO [Chapter 22] 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 development site.
(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/wellhead protection
areas.
(7)
The location(s) of existing and proposed on-lot water facilities
and water supply well, including wellhead protection areas.
(8)
Soil names, boundaries, hydrologic group, and limitations.
(9)
Limits of earth disturbance, including the type and amount of
impervious area that would be added.
(10)
Proposed structures, roads, paved areas, and buildings.
(11)
The name of the development, the name and address of the applicant,
the address of the property, and the name and address of the individual
or firm preparing the drainage plan.
(12)
The date of submission and all subsequent revision dates.
(13)
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.
(14)
A North arrow.
(15)
The total parent tract and, if different, development site boundary
and size with distances marked to the nearest foot and bearings to
the nearest degree.
(16)
Existing and proposed land use(s).
(17)
Plan and profile drawings of all SWM BMPs, including drainage
structures, pipes, open channels, and swales.
(18)
A key map showing all existing man-made features beyond the
development site boundary that would be affected by the project.
(19)
Location of all open channels.
(20)
Overland drainage patterns and swales with time of concentration
paths.
(21)
A twenty-foot-wide access easement to and around all stormwater
management facilities that would provide ingress to and egress from
a public right-of-way as necessary to implement the operations and
maintenance (O&M) plan. Alternatively, a blanket easement may
be provided by a note on the plan.
(22)
The location of all erosion and sediment control facilities.
(23)
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 Part.
(24)
A statement, signed by the applicant, acknowledging that any
revision to the approved drainage plan must be approved by the Township
and that a revised erosion and sediment control plan must be submitted
to the Conservation District for a determination of adequacy.
(25)
The following signature block for the design professional.
I, (design professional), on this date (date of signature),
hereby certify that the drainage plan meets all design standards and
criteria of the [name of applicable Act 167 plan] and Smithfield Township
Stormwater Management Ordinance.
C.
Supplemental Information.
(1)
A written description of the following information shall be
submitted.
(b)
Stormwater runoff computations as specified in this Part.
(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 Subpart
2G of this Part.
(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)
Isolation distances from wells, buildings, and septic systems,
as noted in the Pennsylvania Stormwater Best Management Practices
Manual.
(4)
All calculations, assumptions, and criteria used in the design
of the stormwater management facilities must be shown.
[Ord. No. 246, 10/11/2023]
1.
The applicant shall submit a complete drainage plan application, with all required plans and supplemental materials, as specified in this Part. No application is complete without the required fee. For any activities that require an NPDES permit for stormwater discharges from construction activities, or a DEP 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 or Chapter 106 of PADEP's rules and regulations, the proof of application for said permit(s) or approvals shall be part of the drainage plan application. The application shall be coordinated with the state and federal permit process and the SALDO [Chapter 22] review process.
A.
For those regulated activities which require SALDO [Chapter 22] approval, the drainage plan and ERSAM shall be submitted by the applicant as part of the preliminary plan submission.
D.
All submissions shall include paper and electronic copies of all
documents.
E.
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.
[Ord. No. 246, 10/11/2023]
1.
The Township Engineer shall review the drainage plan for consistency
with the applicable Act 167 plan and this Part.
2.
The Township Engineer shall review the drainage plan for any subdivision
or land development against the SALDO provisions not superseded by
this Part.
3.
The erosion and sediment control plan shall be forwarded to the Conservation
District for review. The Township shall not unconditionally approve
a drainage plan until the applicant presents evidence that the Conservation
District has found the erosion and sediment control plan adequate
to meet the requirements of Chapter 102.
4.
For regulated activities specified in § 26-205 of this Part, the Township Engineer shall provide the Township with a written review of the drainage plan.
A.
Should the drainage plan be determined to be consistent with the
applicable Act 167 plan and this Part, the Township Engineer will
forward a letter of consistency to the Township Secretary, who will
then notify the applicant.
B.
Should the drainage plan be determined to be inconsistent or noncompliant
with the applicable Act 167 plan and/or this Part, the Township Engineer
shall forward a letter to the Township Secretary with a copy to the
applicant citing the reason(s) and specific sections of this Part
for the inconsistency or noncompliance. Inconsistency or noncompliance
may be due to inadequate information to make a reasonable judgment
as to compliance with the applicable Act 167 plan and this Part. Any
drainage plans that are inconsistent or noncompliant may be revised
by the applicant and resubmitted consistent with this Part. Any disapproved
drainage plans may be revised by the applicant and resubmitted consistent
with this Part.
5.
For regulated activities specified in § 26-205 of this Part which require a building permit, the Township Engineer shall notify the enforcement officer, in writing, whether the drainage plan is consistent with the applicable Act 167 plan and this Part 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 Part.
6.
For regulated activities specified in § 26-205 of this Part that require an NPDES permit application, the applicant shall forward a copy of the Township Engineer's letter stating that the drainage plan is consistent with the applicable Act 167 plan and this Part to the Conservation District.
7.
The Township shall not grant approval or grant preliminary approval to any subdivision or land development for regulated activities specified in § 26-205 of this Part if the drainage plan has been found to be inconsistent with the applicable Act 167 plan and this Part, as determined by the Township Engineer. All required permits from DEP must be obtained prior to unconditional approval of any drainage plan or any subdivision or land development plan.
8.
The Township shall not issue any permits for any regulated activity specified in § 26-205 of this Part if the drainage plan has been found to be inconsistent with the applicable Act 167 plan or this Part, as determined by the Township Engineer. All required permits from DEP must be obtained prior to issuance of a building permit.
9.
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 approved drainage plan shall be submitted to the Township
Engineer for final approval. In no case shall the Township approve
the record drawings until the Township receives a copy of an approved
declaration of adequacy and/or highway occupancy permit from the PennDOT
district office, NPDES permit, and any applicable permits or approvals,
from DEP or the Conservation District. The above permits and approvals
must be based on the record drawings.
10.
The Township's approval of a drainage plan shall be valid for a period not to exceed five years commencing on the date that the Township 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 stormwater management facilities have not been approved within this five-year time period, then the Township may consider the drainage plan disapproved and may revoke any and all permits. Drainage plans that are considered disapproved by the Township shall be resubmitted in accordance with § 26-237 of this Part.
[Ord. No. 246, 10/11/2023]
1.
Any modification to an approved drainage plan 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 Township Engineer, shall require a resubmission of the modified drainage plan consistent with § 26-234 of this Part and be subject to review as specified in § 26-235 of this Part.
2.
A request for a modification to a drainage plan shall be submitted
to the Township, accompanied by the applicable fees.
[Ord. No. 246, 10/11/2023]
A disapproved drainage plan may be resubmitted, with the revisions addressing the Township Engineer's concerns documented in writing and addressed to the Township Secretary in accordance with § 26-234 of this Part and distributed accordingly and be subject to review as specified in § 26-235 of this Part. All applicable fees shall accompany a resubmission of a disapproved drainage plan.
[Ord. No. 246, 10/11/2023]
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 § 26-234 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 § 26-237 of this Part.
