Although not a requirement of this chapter, prior to proceeding
with SWM site plan preparation and submission, the applicant is encouraged
to request a preapplication meeting with the municipality's engineer
and a staff member of the York County Conservation District to discuss
the plan concept and responsibility for submission of required documents
and information. Appropriate sections of the municipality's Subdivision
and Land Development Ordinance,[1] and other applicable ordinances of the municipality regarding subdivision and land development plan preparation and applicable plan requirements, shall be followed in preparing all SWM site plans, regardless of whether or not a SWM site plan involves a subdivision and/or land development plan. 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, or in the case of minor deficiencies, the municipality may accept the submission of a revised SWM site plan as noted in § 195-21 of this chapter. The following items shall be included in the SWM site plan:
A.
Provisions for permanent access and/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 C(9) below.
B.
The following signature blocks for the municipality and design engineer:
"(Municipal engineer), on this date (date of signature), has
reviewed the SWM Site Plan and finds it to be consistent with the
design standards and criteria of the New Salem Borough Stormwater
Management Ordinance, Ordinance No. 2-2012."
"(Design engineer), on this date (date of signature), hereby
certifies that the SWM Site Plan meets all design standards and criteria
of the New Salem Borough Stormwater Management Ordinance, Ordinance
No. 2-2012."
C.
If not required by the Municipal Subdivision and Land Development Ordinance, as specified in § 195-18 of this chapter, the SWM site plan shall also provide the following information where applicable:
(1)
The overall stormwater management concept for the project, including
any additional information required for a post-construction stormwater
management plan (PCSWMP), as applicable.
(2)
A determination of site conditions in accordance with the BMP Manual.
A detailed site evaluation shall be completed for projects proposed
in areas of carbonate geology or karst topography, as well as for
other environmentally sensitive areas, whether natural or man-made,
including but not limited to floodplains, streams, lakes, ponds, hydric
soils, wetlands, brownfields and wellhead protection zones.
(3)
Stormwater runoff design computations, and documentation as specified in this chapter, or as otherwise necessary to demonstrate that the maximum practicable measures have been taken to meet the requirements of this chapter, including the recommendations and general requirements in § 195-12.
(4)
Expected project time schedule.
(5)
A soil erosion and sediment control plan in accordance with the following:
(a)
Earth disturbance, zero feet to 5,000 square feet, implement
erosion and sediment control measures on site, a written erosion and
sediment control plan and York County Conservation District approval
is not required unless required by state and/or federal permit(s)
or is deemed necessary by the municipality. If earth disturbance is
in a high quality or exceptional value watershed, then a written erosion
and sediment control plan and YCCD approval is required.
(b)
Earth disturbance, 5,001 square feet to less than one acre,
a written erosion and sediment control plan and implementation of
plan on site is required. YCCD approval may be required by the municipality
or state and/or federal permit(s). If earth disturbance is in a high
quality or exceptional value watershed, then YCCD approval is required.
(c)
Earth disturbance, one acre or greater, a written erosion and
sediment control plan, YCCD approval and implementation of plan on
site is required.
(d)
In addition, under 25 Pa. Code Chapter 92,[2] an individual or general, as applicable, DEP NPDES construction
activities permit is required for regulated earth disturbance activities
of one acre or greater.
[2]
Editor's Note: Former 25 Pa. Code Ch. 92 was repealed
effective 10-9-2010. See now 25 Pa. Code Ch. 92a.
(6)
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.
(7)
Plan and profile drawings of all SWM BMPs, including but not limited
to drainage structures, pipes, open channels, and swales.
(8)
The SWM site plan shall show the locations of existing and proposed
on-lot wastewater facilities and water supply wells.
(9)
The SWM site plan shall include an operation and maintenance (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.
This O&M plan may be part of the SWM site plan or may be a separate
recorded document.
(10)
A description of permanent stormwater management techniques,
including the construction specifications of the materials to be used
for stormwater management facilities.
(11)
A notarized signature of the owner of the parcel for which the
SWM site plan is proposed.
(12)
Existing and proposed land uses.
(13)
The location of the proposed regulated activity relative to
streets, municipal boundaries, and other significant man-made features.
(14)
Significant physical features and associated boundary limits,
including flood hazard areas, sinkholes, existing drainagecourses,
and areas of natural vegetation.
(15)
The location of existing and proposed utilities, stormwater
facilities, sanitary sewers, and water lines on the parcel and within
50 feet of property lines.
(16)
Proposed changes to the land surface and vegetative cover, and
the type and amount of existing and proposed impervious area.
(17)
Existing and proposed features, such as structures, buildings,
streets, driveways, access drives, and parking areas.
(18)
Contour intervals of two feet or less. Dependent upon site conditions,
alternative contour intervals proposed by an applicant or his designee
may be accepted by the municipality.
(19)
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 (attesting the accuracy of the
boundary survey), 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.
(20)
Preferred graphic and written scale of one inch equals no more
than 50 feet. Dependent upon site conditions, an alternative scale
proposed by the applicant or his designee may be accepted by the municipality.
(21)
North point (arrow).
(22)
A map showing all existing man-made features beyond the subject
parcel's boundary lines that will be affected by the proposed
regulated activities.
(23)
Horizontal and vertical cross sections of all open channels,
including hydraulic capacity.
(24)
A note on the plan indicating the location and responsibility
for maintenance of SWM facilities and/or easements that would be located
on adjoining properties as a result of proposed regulated activities,
and the location of such facilities and/or easements.
(25)
A hydrogeologic assessment of the effects of stormwater runoff
on sinkholes where present.
(26)
The effect of the proposed regulated activity in terms of runoff
volumes and peak flows on adjacent properties and/or any existing
municipal stormwater collection system that may receive runoff from
the project site.
(27)
Drainage flow pathways.
(28)
Infiltration testing performed in accordance with the BMP Manual
shall be completed and the test results provided for any proposed
infiltration BMPs.
D.
Simplified SWM site plan.
(1)
The simplified site plan shall require a drawing showing:
(a)
The location and dimensions of the proposed new impervious surface,
property lines, significant natural and man-made features within the
project site.
(b)
The approximate location and dimensions of all other impervious
surfaces within the project site identifying those placed after the
date of the enactment of this chapter.
(c)
The location of all wells and sewage disposal systems located
within the project site.
(d)
The direction of stormwater flow from the existing impervious
surfaces within the project site. The direction of stormwater flow
from the proposed impervious surfaces within the project site. The
general flow patterns across the project site.
(2)
The simplified site plan shall require a proposal to manage the stormwater
flow from the proposed impervious surfaces. The proposal may involve:
(a)
The maintenance of a pervious flow area constructed consistent
with the requirements of a DIA as set forth in Appendix B of this
chapter, or if the requirements of Appendix B cannot be met, then
an equivalent DIA may be authorized by the Borough.[3]
[3]
Editor's Note: Appendix B is included as an attachment
to this chapter.
(b)
The construction and maintenance of:
[1]
Stormwater pits approved by the Borough's engineer as designed
and sized to manage proposed increases in stormwater flow from the
project site brought about by the proposed impervious surface. Infiltration
tests to establish the size of the pit(s) necessary to achieve compliance
with this chapter may be required by the Borough; or
[2]
A detention basin approved by the Borough's Engineer as
designed and sized to manage proposed increases in stormwater flow
from the project site brought about by the proposed impervious surface.
Infiltration tests to establish the size of basins necessary to achieve
compliance with this chapter may be required by the Borough; or
[3]
Any other proposal approved by the Borough Engineer or the Borough
Enforcement Officer as sufficient to manage the increase in stormwater
runoff brought about by the regulated activity.
A.
Three copies of the SWM site plan and supporting information shall
be submitted as follows:
B.
Additional copies shall be submitted as requested by the municipality
or DEP.
C.
The Borough may establish a fee schedule for the review of SWM plans,
the amount of which shall be set by resolution of the Borough Council.
A.
SWM site plans and supporting information shall be reviewed by the
municipality for consistency with the provisions of this chapter.
B.
Modification requests.
(1)
When reviewing a SWM site plan and supporting information, whether or not the SWM site plan is included in a subdivision and/or land development plan application, the municipality may, after the applicant consults with DEP as noted in § 195-12C of this chapter, 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 chapter is observed.
(2)
All requests for modifications 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(s) of the chapter involved and the minimum modification(s)
necessary.
(3)
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.
C.
SWM site plan review and approval procedure.
(1)
If a SWM site plan and supporting information does not involve a
subdivision and/or land development, the review of the SWM site, recommendations,
approval, approval with conditions, or disapproval, i.e., the review
and decision period, shall occur within 45 days of submission to the
municipality. However, the municipality, in its sole discretion, may
extend the review and decision period another 45 days due to the nature
of the application and/or site conditions. If an extension of another
45 days is imposed or granted by the municipality beyond the first
forty-five-day review and decision period designated by this subsection,
the municipality shall notify the applicant in writing and deliver
such notice to said applicant within 15 days of the decision to extend
the review and decision period by the municipality. If no extension
is imposed or granted by the municipality beyond the first forty-five-day
review and decision period, and no decision has been rendered by the
municipality within that period, the SWM site plan shall be deemed
approved. Similarly, if after a forty-five-day extension of the review
and decision period has been imposed or granted by the municipality
and no decision has been rendered by the municipality within that
period, the SWM site plan shall be deemed approved.
(2)
If a SWM site plan involves a subdivision and/or land development
plan, the period of time from the submission to the municipality of
the subdivision and/or land development plan application which includes
the SWM Plan and the approval, approval with conditions, or disapproval,
i.e., review and decision period, shall be in accordance with the
procedure for approval of plats in Section 508 of the Pennsylvania
Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
(3)
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 this chapter or other governing chapter or plan shall
affect the decision on such application in accordance with the provisions
of the governing chapters or plans as they stood at the time the application
was duly filed, as specified in Section 508(4)(i) of the Pennsylvania
Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10508(4)(i).
D.
Decision notification procedure. In all cases, the decision of the
municipality to approve or disapprove the SWM site plan shall be in
writing and shall be delivered to the applicant no later than 15 days
following the decision. If the SWM site plan is disapproved, the written
decision by the municipality shall specify the defects in the application,
shall describe the requirements which were not met, and shall cite
the provisions of the chapter relied upon. If the SWM site plan is
approved with conditions, the notification to the applicant shall
state the acceptable conditions for approval and the time limit for
satisfying such conditions. The time limit for satisfying conditions
of approval shall be the time limit prescribed for conditional approval
of subdivision and land development plans as stated in the municipality's
Subdivision and Land Development Ordinance.[3]
E.
Once the SWM site plan and supporting documents are finalized and
approved, digital copies shall be provided to the Borough and its
engineer.
A revision to a previously submitted or approved SWM site plan
that involves a change in SWM BMPs, stormwater management facilities,
or changes in analytical 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 revised SWM
site plan in accordance with this article, including applicable fees.
For NPDES permitted sites, any revised SWM site plan shall also be
resubmitted to the York County Conservation District for review. In
the case of a SWM site plan which contains minor deficiencies, such
as a missing label, omission of a required note or minor construction
detail, as determined by the municipality, the municipality may accept
a resubmission of such SWM site plan without the requirement of a
review fee or for a lesser fee as provided for in the municipality's
fee schedule.
A disapproved SWM site plan may be resubmitted, with the revisions addressing the municipality's concerns as stated regarding the original submission, to the municipality in accordance with this Article IV. The applicable review fee must accompany the submission of a revised SWM site plan, unless such fee is waived by the municipality. (See § 195-21.)
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, in its sole discretion, 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 an SWM site plan. If an approved SWM site plan is not completed according to § 195-24 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 § 195-22 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 chapters 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 Section 508(4)(ii) through (vii) of
the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508(4)(ii) through
(vii).
A.
The developer shall be responsible for providing 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 person verifying that all permanent SWM BMPs
have been constructed according to the approved plans and specifications.
If any licensed qualified person contributed to the construction plans,
then a licensed qualified person must sign the completion certificate.
C.
After receipt of the completion certification by the municipality,
the municipality may conduct a final inspection to verify compliance
with and accuracy of the as-built plans.
The applicant shall provide financial security to the municipality
prior to approval of a SWM site plan to guarantee installation and
construction of all stormwater management facilities depicted on the
approved SWM site plan (including associated erosion and sedimentation
facilities) in the amount of 110% of the total estimated construction
cost. Financial security shall be provided in a form that is acceptable
to the municipality's legal counsel. The financial security shall
comply with the requirements of Section 509 of the Pennsylvania Municipalities
Planning Code,[1] except that the financial security shall only be released upon submittal and approval of an as-built plan and professional certification as required by § 195-24. All remedies available to the municipality pursuant to Sections 509, 510, and 511 of the Pennsylvania Municipalities Planning Code[2] shall be available pursuant to this chapter.