Township of Tobyhanna, PA
Monroe County
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Table of Contents
Table of Contents
A. 
An applicant shall not receive preliminary or final approval of subdivision and/or land development plans, shall not be issued any building or occupancy permit, and shall not commence any earth disturbance until the applicant or his/her agent has received written approval of a drainage plan from the municipality. An applicant shall not commence any earth disturbance until the applicant or his/her agent has received written approval of an erosion and sediment control plan from the Monroe County Conservation District.
B. 
An applicant shall enter into a professional services agreement with the municipality when submitting a drainage plan.
C. 
The applicant is also required to submit a consumptive use tracking report to the Monroe County Conservation District as required by this Part 1.
A. 
Exemptions. The following land use activities are exempt from the drainage plan submission requirements of this Part 1:
(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 this Part 1 and floodplain management requirements.
(4) 
Impervious surface. Any regulated activity that has less than 5,000 square feet of impervious surface and/or meets the exemptions in this section is exempt from the plan submittal provisions of this Part 1. 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. The date of the original Brodhead Creek Watershed Plan Municipal Ordinance (No. 368) adoption was January 18, 1993. The date of the original McMichaels Creek Watershed Plan Municipal Ordinance (No. 352) adoption was January 26, 1989. Impervious areas existing on the parent tract prior to adoption of this Part 1 shall not be considered in cumulative impervious area calculations for exemption purposes.
(a) 
An exemption from the drainage plan submission requirements of this Part 1 may be considered based upon tract size. Please refer to Appendix G for the sliding-scale procedure.[1]
[1]
Editor's Note: Appendix G is included at the end of this chapter.
(5) 
Utility uses, including stormwater, water, sewer, electric, telecommunication and telephone uses, but excluding any building or other impervious surfaces relating to same.
B. 
Additional exemption criteria include:
(1) 
Exemption responsibilities. Any exemption listed in § 124-18 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 1; however, drainage plans will not have to be submitted to the municipality. The Township reserves the right to require stormwater management design and implementation for any regulated activity that is less than 5,000 square feet or otherwise exempt under § 124-18A.
(2) 
Any exemption listed in § 124-18 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, water quality and streambank erosion, groundwater recharge and any other requirement of this Part 1.
(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 regardless of the proposed use falling under the aforementioned list of exemptions set forth in § 124-18.
The drainage plan shall consist of a general description of the project, including sequencing items described in this Part 1, calculations, maps and plans and a CUTR when required. 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. A stormwater management report with narrative shall be provided to the municipality and shall include but not be limited to the following:
(1) 
General description of the project, including those areas described in § 124-10 and a statement of the total earth disturbance.
(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. Include all engineering assumptions and criteria utilized in the design.
(4) 
An erosion and sediment control plan, including all reviews and letters of adequacy obtained by the Conservation District and/or proofs of applications for same.
(5) 
A general description of nonpoint source pollution controls.
(6) 
A consumptive use tracking report when required by this Part 1.
(7) 
Expected project time schedule, including anticipated start and completion dates. Include tentative calendar dates for the installation of the control measures and structures.
(8) 
A proposed schedule of inspections which will be performed by the applicant's engineer or designee and monitored by the Municipal Engineer or the Municipal designee.
(9) 
A maintenance program for all stormwater management, erosion and sediment pollution controls, and nonpoint pollution controls for both the construction period and after construction is complete, including the responsible party. This program must include the proposed ownership of the permanent controls and details for financial responsibility for any required maintenance.
(10) 
A description of federal or state agency involvement with the project (i.e., United Stated Army Corps of Engineers, DEP).
(11) 
Training and experience of person(s) preparing the plan.
B. 
Maps. Map(s) of the project area shall be submitted to the municipality 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 Office 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 drainagecourses, 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) 
Existing and 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. All travel paths with segments for the time of concentration (including travel time increments) shall be clearly indicated and referenced on the plan.
(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 Part 1.
(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) 
A certificate, signed and sealed by the stormwater designer registered in the commonwealth of Pennsylvania and qualified under all applicable state and local laws to perform such duties, indicating the compliance of the design of the stormwater management facilities and concepts with the provisions of this Part 1. The following signature block for the designer:
"I, ____________ (designer), on this date ______ (date of signature), hereby certify that the drainage plan meets all design standards and criteria of the Brodhead and McMichaels Creek Watershed Act 167 Stormwater Management Ordinance."
[1]
Editor's Note: See Ch. 135, Subdivision and Land Development.
C. 
Supplemental information.
(1) 
A written description of the following information shall also be submitted to the municipality:
(a) 
The overall stormwater management concept for the project designed in accordance with this Part 1.
(b) 
Stormwater runoff computations as specified in this Part 1.
(c) 
Stormwater management techniques to be applied both during and after development.
(d) 
Development stages (project phases) if so proposed.
(e) 
An operation and maintenance plan in accordance with this Part 1.
(2) 
An erosion and sediment control plan.
(3) 
Completed consumptive use tracking report when required by this Part 1.
(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) 
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.
A. 
Existing lots in recorded subdivisions which are vacant at the time of adoption of the original Brodhead and McMichaels Municipal Ordinances as denoted in § 124-18A(4) and which are part of a subdivision which has more than 30 undeveloped lots if the average lot size is two acres or more; 25 undeveloped lots if the average lot size is one acre to 1.99 acres; or 20 undeveloped lots if the average lot size is less than one acre will be required to supply on-lot storage as specified hereafter, unless otherwise deemed appropriate by the municipality.
B. 
The responsibility for providing stormwater control facilities will be on the lot owner, and an occupancy permit shall not be issued until facilities are installed on the lot. Several options in which the lot owner can utilize storage are specified in Appendix H.[1] Each option will vary depending upon the existing physical situations.
[1]
Editor's Note: Appendix H is included at the end of this chapter.
C. 
General guidelines which must be followed are:
(1) 
Lots in which the soil probe performed for the sewage disposal system shows mottling within 24 inches of the soil surface may not utilize subsurface storage. All storage must be supplied using surface control means. Lots showing mottling greater than 24 inches from the soil surface may use subsurface storage facilities.
(2) 
Lots in which the percolation rate is greater than 120 minutes per inch must use surface stormwater control means.
D. 
All fees shall be reimbursed through the building permit process. The inspection of the stormwater control facilities shall be performed by the SEO at the same time the septic systems or lateral hookup inspections are made or by any duly authorized and appointed officer/agency of the municipality.
E. 
Exemption. If an undeveloped lot adjoins a natural or man-made lake, the property owner is exempt from individual on-lot stormwater detention requirements, provided that all stormwater runoff from the new impervious surface (after development) contains appropriate water quality control measures and is directed and properly channeled into the lake in a manner and form acceptable to the municipality.
The municipality shall require receipt of a complete drainage plan, as specified in this Part 1. For any regulated 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 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) and/or approvals shall be part of the drainage plan. The plan shall be coordinated with the state and federal permit process and the municipal SALDO review process.[1]
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, the drainage plan and ERSAM shall be submitted to the municipality by the applicant as part of the permit application and in all situations prior to any construction or land disturbance.
C. 
Six 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, as specified in this Part 1, and set forth in the professional services agreement required by this Part 1.
(2) 
Two copies to the Conservation District.
(3) 
One copy to the Municipal Engineer.
(4) 
One copy to the County Planning Commission.
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.
E. 
Notwithstanding any other provision of this article, any plan required to be submitted by this article shall also include a copy on computer-readable media in either auto-cad R-14, auto-cad 2000, TIFF image format or ESRI Arc Infro\\arcview, with all required media containing Pennsylvania State Plane N, NAD 83 Coordinates, or such other electronic, digital or computer-readable media or format as designated from time to time by resolution duly enacted by the Board of Supervisors.
[1]
Editor's Note: See Ch. 135, Subdivision and Land Development.
A. 
The municipality's engineer shall review the drainage plan for consistency with this Part 1 and the adopted Brodhead and McMichaels Creek Watershed Act 167 stormwater management plan.
B. 
The municipality's engineer shall review the drainage plan for any subdivision or land development against the municipality's Subdivision and Land Development Ordinance provisions not superseded by this Part 1.[1]
[1]
Editor's Note: See Ch. 135, Subdivision and Land Development.
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 the commencement of any earth disturbance activities. The Conservation District shall also review the consumptive use tracking report when required by this Part 1. The Conservation District will track consumptive use. The Conservation District will notify the municipality when the threshold for consumptive use within a watershed or management area has been met, because subsequent drainage plan approvals will affect base flow, water quality and aquatic habitats.
D. 
For regulated activities such as land development, subdivisions and/or planned residential developments as specified in this Part 1, the municipality's engineer shall notify the Board of Supervisors in writing whether the drainage plan is consistent with the stormwater management plan prior to the approval of a final plan.
(1) 
Should the drainage plan be determined to be consistent with the stormwater management plan, the municipality's 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 municipality's 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 Part 1. The Municipal Secretary shall then notify the developer of the municipality's engineer's findings. Any disapproved drainage plans may be revised by the developer and resubmitted consistent with this Part 1.
E. 
For regulated activities specified in this Part 1 which require a building permit and drainage plan submission, the municipality's engineer shall notify the municipality 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 Part 1.
F. 
For regulated activities specified in this Part 1 that require an NPDES permit application, the applicant shall forward a copy of the municipality's 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 municipality's engineer's review comments in determining whether to issue a permit.
G. 
The municipality shall not grant final approval of any land development, subdivisions and/or planned residential developments for regulated activities specified in this Part 1 if the drainage plan has been found to be inconsistent with the stormwater management plan, as determined by the municipality's engineer. A copy of all required permits/approvals from the PaDEP and the Conservation District must be provided to the municipality prior to plan recordation of any land development, subdivisions and/or planned residential developments.
H. 
No municipal permits shall be issued for any regulated activity specified in this Part 1 if the drainage plan has been found to be inconsistent with the stormwater management plan, as determined by the municipality's engineer, or without considering the comments of the municipality's engineer. 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 with a certification from a professional engineer to the municipality's engineer for final approval. In no case shall the municipality accept 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, consumptive use tracking report as required by this Part 1, and any applicable permits or approvals from PaDEP or the Conservation District.
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 this Part 1.
(1) 
A renewal of the expired drainage plan may be issued by the municipality following a resubmittal of the drainage plan. Additional fees must be paid for the resubmittal of an expired drainage plan.
(2) 
The refusal of the governing body to reissue an expired drainage plan shall contain the reasons for such refusal.
(a) 
Changes in project site conditions and requirements for the drainage plan may occur over a period of time.
(b) 
If the requirements for the drainage plan have changed as determined by the governing body, reapplication, review and permit issuance requirements must be performed pursuant to this Part 1.
K. 
The developer shall be responsible for completing an as-built survey of all stormwater management facilities included in the approved drainage plan. The as-built survey and an explanation of any discrepancies with the design plans shall be submitted to the municipality for final approval.
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, 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 municipality's engineer shall require a resubmission of the modified drainage plan consistent with this Part 1 and be subject to review as specified in this Part 1.
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 this Part 1 and distributed accordingly and be subject to review as specified in this Part 1. The applicable municipal review and inspection fee must accompany a resubmission of a disapproved drainage plan.