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 § 92-10 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 or 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.
B.
Additional exemption criteria includes:
(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.
(2)
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 (§ 92-9) water quality and streambank erosion (§ 92-10), and groundwater recharge (§ 92-11).
(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 McMichaels
Creek and Brodhead Creeks 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 § 92-9, calculations, maps and plans and § 92-16, Consumptive use tracking report. 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.
(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 sheets of 24 inches by 36 inches 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/McMichaels Watershed Act 167
Stormwater Management Ordinance.
|
C.
Supplemental information.
(1)
A written description of the following information
shall be submitted.
(2)
An erosion and sediment control plan.
(4)
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.
(5)
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.
The municipality shall require receipt of a
complete plan, as specified in this chapter. 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.
A.
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.
B.
For those regulated activities that do not require SALDO approval, see § 92-17, General requirements.
C.
Six copies of the drainage plan shall be submitted
and distributed as follows:
D.
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/McMichaels 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 provisions not superseded by this chapter.
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 § 92-4 of this chapter, the Municipal Engineer shall notify the municipality in writing, within 45 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 § 92-4 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 § 92-4 of 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 plan to the Conservation District. 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 § 92-4 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 § 92-4 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 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. The
above permits and approvals must be based on the record drawings.
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 § 92-23 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 § 92-20 of this chapter and be subject to review as specified in § 92-21 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 § 92-20 of this chapter and distributed accordingly and be subject to review as specified in § 92-21 of this chapter. The applicable municipal review and inspection fee must accompany a resubmission of a disapproved drainage plan.
