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Home My WebLink About01-5652LETTERMEN, INC., Plaintiff SILVER SPRING TOWNSHIP, BOARD OF SUPERVISORS OF SILVER SPR1NG TOWNSHIP, and JAMES E. HALL, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 LETTERMEN, INC., Plaimiff SILVER SPRING TOWNSHIP, BOARD OF SUPERVISORS OF SILVER SPR1NG TOWNSHIP, and JAMES E. HALL, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. O I - g"(.-,-C,,T_ o : : : CIVIL ACTION - LAW AVISO USTED HA SIDO DEMANDADO EN LAW CORTE. Si usted desea defendrse de las quejas expuestas en las paginas siguientes, debe tomar action dentro de veinte (20) dias a panir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia esrita en persona o por obogado y presentar en la Cone por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y law Cone puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA AGAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 LETTERMEN, 1NC. Plaintiff SILVER SPR1NG TOWNSHIP, BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP, and JAMES E. HALL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - MANDAMUS COMPLAINT IN MANDAMUS AND NOW, comes the Plaintiff Lettermen, Inc., by and through its counsel, G. Bryan Salzmarm, Esquire and Anthony J. Nestico, Esquire of the law firm of Salzmarm, DePaulis, Fishman & Morgenthal, P.C. and files this Complaint in Mandamus as follows: 1. The Plaintiff Lettermen, Inc. (hereinafter "Lettermen") is a Pennsylvania corporation engaged in and conducting business in the Commonwealth of Pennsylvania with an address of 716 North West Street, Carlisle, Pennsylvania 17013. 2. Defendant Silver Spring Township (hereinafter "Township") is a municipal corporation organized pursuant to the laws of the Commonwealth of Pennsylvania as a Township of the Second Class in Cumberland County, Commonwealth of Pennsylvania (hereinafter "Township") with an address of 6475 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050-2391. 3. Defendant Board of Supervisors of Silver Spring Township include the current duly- elected supervisors comprised of the following members: Wayne M. Pecht, Jackie Eakin, Jan N. LeBlanc, William C. Dunn, and Mafia L. Lewis (hereinafter "Township Supervisors") who collectively have a business address of 6475 Carlisle Pike, Mechanicsburg, Cumberland County Pennsylvania 17050-2391. 4. Defendant James E. Hall is an adult individual who is employed by Silver Spring Township serving in the position of Zoning Officer with a business address of 6475 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050-2391. Defendants Silver Spring Township, the Board of Supervisors of Silver Spring Township, and James E. Hall shall hereinafter be collectively referred to as "Defendants". 5. Defendant James Hall's job duties include, among others, the issuance of permits on behalf of Defendant Board of Supervisors of Silver Spring Township, including the issuance of storm water permits pursuant to the Township's Storm Water Ordinance. 6. Plaintiff Lettermen, Inc. owns property in Silver Spring Township and has submitted certain subdivision and land development plans to Defendants to permit development of the aforesaid property to develop a golf course with related facilities in Silver Spring Township, Cumberland County, Pennsylvania. 7. Silver Spring Township has adopted an ordinance entitled the Silver Spring Township Storm Water Management Ordinance of 1999 (hereinafter referred to as "Storm Water Ordinance"). A Copy of said Ordinance is attached hereto and incorporated herein as Exhibit "A". 8. Section 302 of the Storm Water Ordinance mandates that Defendants take action on a Storm Water Management Permit application in conjunction with a Preliminary Plan under the Subdivision and Land Development Ordinance. 9. On or about July 10, 2001, Plaintiff Lettermen filed a formal application with Defendants for a storm water permit. (See Application for Storm Water Management Permit attached herein and incorporated hereto as Exhibit "B"). 10. On July 13, 2001, Defendants, by and through their agents, notified Plaintiffby a letter that the application was "incomplete" citing only the lack of a National Pollutant Discharge Elimination System ("NPDES") permit issued by the Cumberland County Conservation District. (A copy of said letter is attached hereto and incorporated herein as Exhibit "C"). 11. On August 29, 2001, Ryan Rhodes of Pennoni Associates, Defendant Township's Engineer, advised Plaintiff's representatives that the County Conservation District approval of an NPDES permit was the matter preventing issuance of a Storm Water Management Permit and directed Plaintiff's representatives to provide a copy of the NPDES approval via facsimile to Defendants and also advised Plaintiff's representatives that upon receipt of said NPDES approval Defendant Hall would issue the Storm Water Management Permit to Plaintiff. 12. On numerous occasions prior to September 14, 2001, other representatives of Defendant Township continually assured Plaintiff that Defendants would issue the Storm Water Management Permit to Plaintiff as soon as the NPDES permit was received from the Cumberland County Conservation District. 13. Based upon the representations made by Defendant Township and Defendant Township's authorized representatives concerning issuance of the Storm Water Management Permit, Plaintiff expended considerable sums and incurred significant expenses to mobilize equipment and materials to the site to begin earthmoving operations in a timely fashion. 14. On September 4, 2001, the Cumberland County Conservation District issued the NPDES permit to Plaintiff Lettermen and upon receipt of said approval, said approval was immediately transmitted to Defendants. (A copy of the NPDES approval is attached hereto and incorporated herein as Exhibit "D"). 15. On September 14, 2001, Defendants "reapproved" Plaintiff's Preliminary Land Development Plan and "reapproved" Plaintiff's Final Subdivision Plan. (Said reapprovals are attached hereto and incorporated herein as Exhibit "E"). 16. Defendants have failed to issue a Storm Water Management Permit to Plaintiff despite requests therefore and continue to refuse to issue said permit. 17. On September 11, 2001, the Township's engineer, advised Plaintiff that a Storm Water Management Permit would not be issued because Plaintiff had not received a Dam Safety Permit from the Pennsylvania Department of Environmental Protection (hereinafter "DEP") for a certain irrigation pond as shown on the aforementioned Land Development Plan. 18. By letter dated September 14, 2001, Defendant James E. Hall issued a cease and desist order to Plaintiff Lettermen requiring all grading, filling, and other excavation at the site to cease until a Storm Water Management Permit had been issued by Defendant Township. (A copy of said Notice of Violation is attached hereto and incorporated herein as Exhibit "F"). 19. Plaintiff Lettermen has submitted all information legally required by the Township's Storm Water Management Ordinance. 20. There has been and is a legal duty on the part of Defendant James E. Hall, Township zoning officer, to take such action as to issue the Storm Water Management Permit to Plaintiff Lettermen. 21. There has been and is a duty on the part on the part of the Defendants Township and Township Board of Supervisors to direct Defendant James E. Hall to issue a Storm Water Management Permit to Plaintiff. 22. Defendants have failed to carry out the duties of their offices and administration of their offices with prejudice and harm to Plaintiffin failing to issue the requested Storm Water Management Permit. 25. A dam safety permit (which is a Pennsylvania Department of Environmental Protection permit) is not legally required for Plaintiff's construction activities. 26. The construction of the irrigation pond for the golf course which includes a dam is not part of and does not function as a part of the overall storm water management system during construction activities involving Plaintiff's development process. 27. Defendants have no valid reason or basis for their unwillingness and failure to issue a Storm Water Management Permit to Plaintiff. 28. PlaintiffLettermen's entitlement to the issuance of the Storm Water Management Permit is clear. 29. PlaintiffLettermen has no other adequate remedy at law. WHEREFORE, Plaintiff Lettermen prays that this Honorable Court grant judgment in mandamus, directing the Defendants forthwith to issue to Plaintiff Lettermen a Township Storm Water Permit, together with the Plaintiff's costs of this action and reasonable attorney fees. Respectfully submitted, Salzmann, DePaulis, By: ~ /G. Bryan~sqX~.~ Attorney ID No. 61935 ~ --J Anthony J. Nestico, Esquire Attorney ID No. 58868 Counsel for Plaintiff 455 Phoenix Drive, Suite A Chambersburg, PA 17201 (717) 263-2121 VERIFICATION I verify that all the statements made in the foregoing Complaint in Mandamus are true and correct to the best of my knowledge, information and belief, and that any false statements made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. LETTERMEN, INC. Jeffre~ A~ti~l// EXHIBIT "A" SILVER SPRING TOWNSItIP STORM WATER MANAGEMF~NT ORDINANCE OF 1999 CUMBERLAND COUNTY, PENNSY'LVA.N'IA SILVER SPRING TOWNSHIP MUNICIPAL DIRECTORY Board of Sum~rvisor$ Wayne M. Pecht, Chairman Maria Lewis, Vice-Chairman William C. Dunn Jan N. LeBlanc Jackie Eakin annin issi n Steven B. Deck, Chairman Karen W. Karkuff, Vice-Chairman Dennis J. Red Ken Secrest R. C. Sherwood Ray Brown Art D 'Agostino William S. Cook, Manager Kelly Keleh, AsSistant Manager James E. Hall Enffineer Mark B. Bruening, P.E. Permonl Associates, Inc. 704 Lisbum Road Camp Hill, PA 17011-7400 Sewaee Enforcement Officer Gary Morrow 129 State Road Mechanicsburg, PA 17055 Solicitor Richard C. Snelbaker, Esquire Snelbaker, Btenneman & Spare, P.C. 44 West Main Street Mechanicsburg, PA 17055-0318 SILXrER SPRING TO~,~SHIP MUNICIPAL OFFICE 6475 Carlisle Pike Mechanicsburg, PA 17055 Telephone: (717) 766-0178 FAX: (717) 766-1696 Hours: 8 A.M.-4 P.M., Monday-Friday TOWNSHIP OF SILVER SPRING CUM~BERLAND COUNTY, PENNSYLVAtNXA ORDINANCE NO. 99-8 AN ORDINANCE BY THE BOARD OF TOWNSHIP SUPERVISORS IN AND FOR THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA, CONCERNING THE MANAGEMENT OF STORM WATER RUNOFF WITHIN SAID TOWNSHIP; STATING PUBLIC PURPOSES AND INTENTIONS; DEFINING TEI~MS; CREATING RULES, REGULATIONS AND CRITERIA FOR SUCH MANAGEMENT, INCLUDING THE DEVELOPMENT OF PLANS AND STUDIES; REQUIRING PERMITS AND INSPECTIONS; PRESCRI~hNG DESIGN STANDARDS; ESTABLISHING ADMINISTRATIVE PROCEDURES; PROVIDING ENFORCEMENT REMEDIES 'AND PENALTIES. BE IT ENACTED AND ORDAINED, and it is hereby enacted and ordained by the Board of Township Supervisors in and for the Township of Silver Spring, Cumberland Count'. Pennsylvania, as follows: ARTICLE I SECTION 101 SECTION 102 SECTION 103 SECTION 104 TABLE OF CONTENTS GEN'ERAL PROVISIONS .................................... 1 TITLE .............................................. 1 STATEMENT OF FINDINGS ........................... I PURPOSE .......................................... 1 ADOPTION-AUTHORITY-APPLICABILITY .................. 1 ARTICLE II SECTION 201 SECTION 202 SECTION 203 DEFINITIONS ............................................ 3 GENERAL ......................................... 3 GENERAL TERMS ................................... 3 SPECIFIC TERMS ........... .. ......................... 3 CI ARTICLE III SECTION 301 SECTION 302 SECTION 303 303.01 303.02 SECTION 304 304.01 304.02 304.03 304.04 SECTION 305 SECTION 306 306.01 SECTION 307 SECTION 308 SECTION 309 SECTION 310 SECTION 311 PER3,IIT PROCEDURES AND REQUIREMENTS .................. 7 GENERAL ........................................ 7 APPLICATION PROCEDURE ............................ 7 APPLICATION REQUIREMENTS ......................... 7 Minor Land Disturbance ........................... 7 Major Land Disturbance ............................ 8 STORM WATER MANAGEMENT PLAN CONTENTS ......... 8 General ...................................... 8 Existing Features ................................ 9 Proposed Features ............................... 10 Written Report and Calculations ..................... 11 IVIODIFICATION OF PLANS ............................ 13 WAIVER AND APPEAL PROCEDURE .................... 13 Application Procedures (Waiver-Appeal) ................. 13 EXPIRATION OF A STORM WATER MANAGEMENT PERMIT .............................. 14 SCHEDULE oF INSPECTIONS .......................... 14 PERFORMANCE GUARANTEE .......................... 15 LIABILITY ......................................... 15 MAINTENANCE GUARANTEE .......................... 15 Silver Spring Township Storm Wa~er M~magement Ordinance Table of Contents - i SECTION 3~12 SECTION 3~13 15 AS-BUIU! :" ANS ................. PAYMEN? ' 2N LIEU OF STORM WATER 16 MANAGE'.. ':";T FACILITIES ............................ ARTICLE IV SECTION SECTION 402 402.01 402.02 402.03 402.04 402.05 402.06 402.07 402.08 402.09 402.10 402~11 402.12 402.13 402.14 402.15 .402.16 402.1'/ '4~2.1g 402.19 402.20 .. 18 DESIGN STANq) / ..................... ............ 18 GENERAL '.~SIGN STANDARDS ............ 18 DESIGN 5" Pr -'2.-.:elopment vs. Post-Development .................19 De: "?~ Storm For Collection Facilities .................~ 19 Mr- '~ · of Calculations .......................... 19 umpti ...... Ct' :Jr,-, Methodology and Ass om ........... 19 nt Land Co~:-~;'~ation with Adjace s .................... 20 Sto~ Water Basins ...................... 21 Gr.-v~ ' .,rater Recharge System ...... "' ......... 21 Ea,~!, :ill Dams .................... 22 Std: 'V~ter Flow Along Streets and Access Dnvns ........ 23 M" : .... Locations ....................... 23 AI~ :~' ,mt ReqUirement ......... ............ 23 M!~fin~ :n Pipe Size .................. 23 M:~:e:+", Specifications ....................... ... 23 Su, =.c ?low Characteristics .................. 24 Pt :' sin~ Plans ................... . ..... 24 Erosion and Sedimentation .................... 25 Floodph:in .......................... 25 Easements ......... ......................... Ownership and Maintenance of Storm Water 25 Management Facilities ................ ARTICLE V SECTION SECTION SECTION SECTION SECTION SECTION AD), ILN'ISTRATION ..................................... 501 501.01 501.02 501.03 501.04 502 503 5O4 505 506 .. 27 REMEDIES ................. 27 Su;pension of a Storm Water Management Permit .......... Revoke a Storm Water Management Permit ....... Notification of Suspension or Revocation of a. . ........ 28 Storm Water Management Permit ........... Civ;l Remedies ........................... ' .... 28 29 PENALTIE? ........................................ APPEAL TO THE SILVER SPRING TOWNSI-LIP 29 BOARD OF SUPERVISORS ............................. .............. 29 INSPECTION OF PROPERTY ............. .............. 29 SEVERABILITY ........................ COMPATiBILIT¥ WITH OTHER PERMITS .... 30 AND ORD!NANCES .............................. SECTION 507 SECTION 508 SECTION 509 SECTION 510 MUNICIPAL LIABILITY ............................... 30 SAVINGS PROVISIONS FOR MATTERS IN PROCESS ........... 30 RELATIONSHIP TO OTHER ORDINANCES .................. 30 ADOPTION AND EFFECTIVE DATE ..................... 30 APPENDICES APPENDIX NO. 1 APPLICATION FOR A STORM WATER M,MNAGEMENT PERMIT- MINOR LAND DISTURBANCE .................. 32 APPENDIX NO. 2 APPENDIX NO, 3 APPLICATION FOR A STORM WATER NL~X;AGEMENT PERMIT- MAJOR LAND DISTURBANCE .................. 34 STORM WATER' MANAGEMENT PLAN CERTIFICATE ........ 35 APPENDIX NO. 4 STORM WATER MANAGEMENT PERMIT ............... .. 36 APPENDIX NO. 5 STANDARD COMPUTATION TABLE ..................... 37 Silver Spring Township Storm Water Management Ordinance Table of Contents - iii ARTICLE I C~NERAL PROVISIONS SECTION 101 ~ This Ordinance Shall be lmown and may be cited as the "Silver Spring Township Storm Water Management Ordinance of 1999." SECTION 102 STATEMENT OF FINDINGS The Board of Supervisors of Silver Spring Township finds that inadequate management of storm water runoff increases downstream flooding, eroding and/or silts stream channels, pollutes water, overloads existing drainage facilities, and reduces the groundwater table. A comprehensive and reasonable program of storm water management re_tnalations is fundamental to the public health, safety, and welfare and to the protection of the citizenry .and environment. SECTION 103. The purpose of this Ordinance is to promote the public health, safety and welfare by minimizing the problems described in Section 102 of this Ordinance by provisions designed to: a) Manage storm water runoff, soil erosion and sedimentation, both during and upon completion of a land disturbance activity, by regulating activities which cause such problems. b) Utilize and preserve existing natural drainage. c) Encourage recharge of groundwaters. d) Maintain and/or improve the existing flows and quality of streams and watercourses in the municipality and the Commonwealth. e) Preserve and/or restore the flood carrying capacity of streams. Provide for proper maintenance of all storm water management structures. SECTION 104 ADOPTION-AUTHORITY-APPLICABILITy The Board of Supervisors of Silver Spring Township pursuant m the Pennsylvania Storm Water Management Act, Act of October 4, 1978, P.L. 864, No. 167, as amended, the Pennsylvania Municipalities Planning Code, Act of JUiy 3i, 1968, P.L. 805, No. 247, re-enacted and amended by ACt 170 of 1988, as amended, and the Second Class Township Code, Act of May !, .[933, P,L. 103, No. 69, re-enacted and attended July 10, 1947 P.L. 1481, No. 567, as amended, hereby enacts and ordains this Ordinance as the Silver Spring Township Storm Water Ordinance. This Ordinance shall apply to all land disturbance activities as defined in this Ordinance. The standards shall apply to conditions both during and upon completion of a land disturbance activity. 2 - Article [ Silver Spring Township Stqrm %Vater Mat!agement Ordinarme* ARTICLE SECTION 201 Words and phrases shall be presumed to be used in their ordinary context unless s~ch word or phrase is def. tned or interpreted differently within, this Se~'~;. SECTION 202 ~ In this Ordinance when not inconsistent with the context: a) Yggords in the preg~it tense imply ~i~o the. futtire tense. SECTION 203 b) The singular includes the plural. e) The male gender includes ~hi'i~emale gender. · d) , The term ~p~rS0n,fi~!udes an indi~.~' ~I. ~atmership, corporation. unineorpor/tted~associaflon,· estate, ol; hny other legally recognized entity e) The term "shall" or "musff is always ~dat0rY. ~) The. tehn "may" iSpermissive. -. '' "~ ..... ~ The following win'ds' and phrases shal~have the particular meanin~ assigned by tiffs secn0n o~ this'Ordmnea. Addiltotiklly. me ,,-or&~ and phrases which arC'sea inmis%din.aceand nOt. ddi~d below shall haVe the.naeaning,a~t~ned by'me ailv&r Sprig t6wnstdp Subdivision and Land Development O~aiaaace. ~" · ~, The tilling of the soil the r~istng of~r0ps, forestry, horticulture and gardening, inCluding~:thei~e~pNg 81~t:ai~ing of liVestock, such as cattle, cows, hogs, horses, sheep, goats, poultry rabbits, birds, fish, bees and other iin~ar ~als.: ' BOard,of $?erviS~rs - The Board of Supervisors of the Township of Silvett SPri~'~ ~berland Cdunty, PennSYlvania. 5fl er Spring TownShip Storm Water Manae~aent Ordinance Article II - 3 ~ - A natural or artificial watercourse with a definite bed and banks which Confine an8 ~on?ct'c0ntinuously or periodically flowing water, ' :' Culvert - A structure with appurtenant works which carries a watercourse under or through an embankment of fill. ~ - The deliberate appropriation of property by its owner for general public u~. ~. The magnimde of PrecipitatiOn from a storm event measured in probability of occurrence (e.g., 25-year storm) and duration (e.g., 24-hour storm) and used in computing storm water management control systems. Detentio~ Bas{~ - A reserVdir which temporarily contains storm water runoff and releas~es it gradually into a watercourse or storm water drainage system. Developer - Anyon6 who undertakes 1.and Disturbance Activities as defined ia ~ Ordinance ~ - Aright granted by a laridowner to a grantee, allowing th~ use o~ Private land f~ Siorrn water management purposes. Erosioq - The processes by which soil particles are detached and transported by action Of natural forces: ' F._lo.9.flp. l~ - Any area speeded as;l~loodplain in the :ZonLng Ordinance of Silver Spring Township;as amended, and the Flood-prone Area/Floodplain Building Construction Permit Ordinance of Sfiver Spring Township, as amended. ~ ' Any material that covers the land which inhibits the percolation of storm water directly,: into the soil, including but not limited to bUildhags, pavement, stone areas, and storm water facilities that discharge storm water off the sitej ~ Land Disturbance Activity - The use~ of lan6 for actixfities in the following categories: a) Maior Land Disturbance. The use of land involving: Installation of new impervious .or semi-/.mpervious surface that is either in excess of five thousand (5,000) square feet or two-thirds (~a) of the total lot area. or 4 - Arlicl~ II Silver Spring T0wmhip Storm Water bihnagCment Ordinane~ (2) Diversion or piping of any natural or man-made watercourse, or (3) Removal of ground,~over, grading,~ filling, or other excavation ~ e)/cess of~9~ (5) act's, except for the agricultural use of land when operated in accordance with a farm conservation plan approved by the Cumberland County Conservation Disti'iCt. b) Minor Land Disturbance. The use of land involving: (1,) The installation of new impervious or semi-impervious surface between two thousand (2,000) and five thousand (5,000) square feet, or (2) Removal of ground cover, grading, filling or excavation between five thousand (5,000) square feet and five (5) acres, except for the agricultural use of land when operated in accordance with a farm conservation plan approved by the Cumberland County Conservation District. For the purpose of defining minor and major land disturbances, area calculations are cumulative. ~ - The maximum rate of flow of water at a given point and time resulting from a specified storm event. Retention Basin - A reservoir designed to retain storm water runoff with its primary release of water being through the inf'fltration of said;, water into the ground. reservoir designed to retain sediment. Semi-impervious Surface - A surface such as stone, rock, or other material which prevents some percolation of water into the ground. Storm Sewer - A system of pipes, conduits, swales or other similar structures, including appurtenant works, which carries intercepted runoff, and other drainage, but excludes domestic sewage and industrial waste. Storm Water Management - A program of controls and measures designed to regulate the quamity and quality of storm water runoff from a developmem while promoting the protection and conservation of groundwaters and groundwater recharge. Storm Water Management Facilities: Those controls and measures (e.g., storm sewers, berms, terraces, bridges, dams, basins, infiltration Silver Spring Township Storm Water Management Ordinance Article 11 - S systems, swales, watercourses, and floodplains) used to effect a storm water management prog~a~ ~ ~ Drainage runoff from the surface of the land resulting from pr~ecipitafion or snow and ice melt. Township - Silver Spring TownShip, Cumberland County, Pennsylvania. · ~ - A permanent or/ntermittent stream, r/ver, brook, creek, nm, channel, swale, pond; Iake~ or Other body of water, whether natural or raa~l~made, for gathering or carrying surface water. 6 - Article [I Silver Spring Township Storm Water Management Ordinance ARTICLE IIi PERMIT PROCEDURES ~ REQUIREMENTS SECTION 301 SECTION 302 SECTION 303 303.01 A Land Disturbance ActivitY, as. all,fined in this Ordinance, shall not be initiated until a Storm Water Management Permit has been issued. APPLICATION PROCEDURE Alt. apl~licati911~ for a Storm Water Man_agement Permit, the activity for Wlfich flso:~onZfitutes a subdivision 0r.land development, shall be submitted concurrently with all Silver Spring Township Subdivision and ,.Lmid-D, evelOpmentOrdmanae,appheatt0m!ii~pphcauons for Storm Water Management Permits w~.b6 SnOttier in conjunction with preliminary plans (when preliminary .plans are required). Action on the it0 .rn! ~a~r Mai/agem!mt Pemai~,~ill:bb marie in conjunction with. the preliminary plan ~nder the Subd/visi0n~nd Land Development O'rdinance. All applications for a Storm Water Management Permit, the activity for 'hich dftes:rlo~ consUmm a. subd~m/m or lan.~'development, shall confO~'m~;with'~hebel6sv procedu~es.,~An AppliCation for a Storm Water M~ement::Pe/mit ;shall be ~submitted to the ~TOwliship-designated ret~seiutative whoh~'been, authorized tO ~eceave apphcanons at the Silver Spring Tow~hip Building, on any business day The Township shall forward the application tothe Township Engineer for review. Thc Towj~hio-de_~_gnalgd re~ive shall, within sLxteen (16) days f~om tl/e rrmmcipa!~reeeipt of ~ ~pl!liCatinn, issue a permit (see Appendix No. 4) or disapprove:the ~pplicafion and transmit the decision in writing to the applicant and the Township Board of Supervisors. Failure ofthe Towns~hip Eilgiaeer to. r~_n~der a decision and communicate it as prescribed ~ove shatl not be: deemed an approval. A notice of disapproval shall cite the masons for disapproval. APPLICATION REOUIREMENTS Minor Land Disturballce, An application for a Storm Water Management Permit for a Minor Land Disturbance, as del'reed in this Ordinance, shall .i~clude one (1) completed copy of the Application for a Minor Land Disturbance (see Appendix No. I) and filing fee in the Silver Spring Township Storm Water Mamgement Ordinance ArtiCle 111 - 7 303.02 SECTION 304 304.0t 304.01.1 304.01.2 304.01.3 304.01.4 mounts specified in the [e~ s,chedule as established by resolution or ordinance of the Board Of Slat3ervisors. Major Land DistUrbance, ~ fiPplieation for a :storm Water Management Permit for a Land Disturbance Activity, as defined in this Ordinance, shall include the following items: a} One (1) completed copy of the Application for a Storm Water Managerr~nt Permit (See Append~ No. 2). b) Four (4) copies of the Storm Water Management Plan (see Section 304 for Plan COntents). e) Filing fee in the mount specified'in the fee schedule as established by resolution or ordinance of'the Board of Supervisors. d) Pei~fnnnance.bond, wgen applicable (see Section 309 for specifications). e) Liability imu~ance, when applicable (see Section 310 for specifications). STORM WATER MANAGEMENT PLAN CONTENTS Storm water management plans shall be prepared, by professionals registered in ,the Commonwealth of Pennsylvania to perform such duties. Designs which .entail engineering expertise'shall he prepared by e~agineers with appropriate expertise. The,plma shall show, be accompanied,by, or be prepared:in aeco~:dance with the following: General The plan shall be clearly and legibly drawn at a scale often (10) feet, twenty (20) feet, thirty 00) feet, forty- (40) feet. or fifty (50) feet, tO the iaeh~ Profile plans shall maintain a ratio of 1:10 vertical to h~orizontal. The sheet size shall be eighteen by twenty-two inches (18" x 22"). If the plan is prepared:in,two (2) or more sections, a key map showing the location of the sections shall be placed on each sheet. If more than one (1) sheet is necessary, each sheet shall be numbered to show the relationship to the total number of sheets in the plan (e.g., Sheet 1 Plans shall be legible in every de~. Name and address of landoWner, applicant, and individual who prepared the plan; 8 - Article II1 Silver Spring Township Storm Water .Ma~agement Ordh~anee 304.01.5 304.01.6 304.01.7 304.01.8 304.02 304.02.1 304.02.2 304.0_..~ 304.02.4 304.02.5 Plan date and date of latest revision to plan, north point, graphic scale and written scale. A location map, drawn to scale, relating the property to at least two (2) intersections ofexisti~g road centerlines, including the approximate distance to the intersection of the centerlines of the nearest existing street intersection. Note on plan indicating any area that is proposed to be offered for dedication to the Township. Any area that is easememed and not to be offered for, dedicat~inn shall be identified along with a statement that the Township is not responsible for the maintenance of any area notdedicated to and accepted for public use. certificate, signed and sealed by an individual registered in the C~mmo~wealth 9f Pe~Ylvania anti qualified to perform such 'dUties, iadi?..tin[ [0~!iance with the provisions of this Ordinance (see APPen~llx 1~0~ 3)'. ' Tract boundaries showing distances, bearings and curve data, as located.by field survey o~:de~ed plotting, total acreage of tract, and total acreage of pr0jeet if less than the entire tract. Existin'g con, tours at a~ainunum vertical interval of two (2) feet for land yvith average natural slope of four percent (4%) or less and at a miniga~ um vertical interval of five (5) feet for more steeply sloping land. Contours shall be accompanied by the location of the benchmark Within or immeeiately adjacent to the subject tract and a notation indicating the datum used. The United States Geodetic Survey shall,be used for benchmark datum. Names of all owners of all immediately adjacent land, names of all proposed or existing developments immediately adjacent; and locations and dimensions of any streets or easements shown thereon. Names, Iocationsand dimensions of all existing buildings, street rights-of-way, railroads, utilities, watercourses, drainage facilities, floodplains, wetland, on-lot sewage disposal facilities, easements, and other significant features located either within and adjacent to the property or two hundred (200) feet from the property. The size, slope capacity, and condition of the existing storm water management System and any other facility that may be used to convey storm flows. Silver 'Spring Township Storm Water Mhnagement Ordinan¢~ Article III - 9 304.02.6. 304.02.7 304.02.8 304.03 304.03.1 304.03~2 304.03.3 304.03.4 304.03.5 304.03.6 304.03.7 304.03.8 304.03.9 Soils types as designated by the U,S. Department of Agriculture, Soil Conservation Service, Soil SurVey of Cumberland County. Designation of the location of on-site and off-site sub-watersheds. Designation of the location of the time of concentration for the on- site and off-site sub_watersheds. Proposed land USe, total number ofi°ts and dwelling units, and extent of commercial, indus~iai or °~er non-residential uses. LOCations and dimensions of all prfposed streets, sidewalks, lot lines, building locations, parking compgunds, imperious and semi-impervious. ~sUrfaces; sani~ s~er facilities watbr facilities, storm Water mal~gement ~cll!tles, utihnes, and other s~gn!ficant · f%tureS. This il~afl0r~ Shall be ProVided to the detail necessary to comtmct the facilities. Proposed changes to land surface and vegetative cover including areas to be cut or filled. Proposed Topographical Data; This information shall be provided by contour lines indiCating:the existing 'and proposed grades of the ske. Contour !~e~ ~ha!t ~e p..ro~ded at:~two (2), foo~ ~erfica1 intervals for siOpe~ of fo;l~:.~rC~t ~4~) or less; and at vertical intervals of ftVe~(~)feet i~O;~or~ ~toeil~iy Sloping land Plans and profiled.of propo,~ed storm, water management facilities including horizontal and vertical iocation. Additionally, a detail with all pertinent construction requirements shall be provided for outer structures. This information shall be of the quality required for the construction of all facilities. The size, slope, capacity, material, elevation, and condition of the proposed storm water management syslem and other facility that may be used to convey storm flows. This information shall include invert elevations and top of grate elevations. Plans and profiles of all erosion and' sedimentation control measureS, temporary as well as permanent. Designation of the location of on-site sub-watersheds. DesignatiOn of the location of the time of concentration for the on- site sub-watersheds. 10 - Article 111 · . ', 304.04 304.04.1 304.04.2 304.04.3 304.04.4 Written Report and Calculations Calculations, assumptions, criteria, methodology, and references u~ed in the design of~St0rm water management facilities, the establishment of capacities, and the pre-development and post- development peak Oischarge. This information shall include data on all sub-watersheds. 'Applicants are encouraged to follow the .Standard Computatioii T~i>le provided in Appendix No. 5. F,,or all basim, a Plotting or tabul.a, tion of the storage volumes and discharge curves With col-responding water surface elevations, inflow hydrographs, and outflow hydrographs. Soil structui'6s and characteristics shall be provided for all proposed groundwater recharge systems, and detention or retention basins which (al bold two (2) acre feet or more of water, or Co) have an emhanlan' en~ that~ is six (6) feet or more in height. Plans and data prepared by a registered professional experienced and educated in soil 'mechanics shall be submitted. This data shall provide design solutions for frost heave potemial, spring-swell potential, soil bearing strength, water infiltration, soil settling characteristics, fill and back-filling procedures and soil treatment techniques as required to protect the improvements or structures. The following requirements apply to all proposed groundwater recharge methods of storm water management, such as seepage pits, beds, trenches, leaching wells, and cisterns: a) Representative percolation tests must be made throughout the proposed area. At least one percolation test must be included in each soil group and at least one percolation test must be conducted for each five lots proposed for development. Testing, in general, should follow the same ~,maidelines as though testing for an on-lot septic system. b) Seepage pits, beds or trenches shall not be permitted for any development of more than five lots, without prior approval of the Township. Description of all erosion and sedimentation control measures, temporary as well as permanent, including the staging of land moving activities, sufficient in detail to clearly indicate their function. All erosion and sedimentation control measures shall conform to the requirements of the Pennsylvania Depa, hnent of Environmental Protection, Soil Erosion and Sedimentation Control Manual. Silver Spring Towmhip Storm ~Vater Management Ordinance Article III - 11 304.04.5 304.04.6 304.04.7 Description of an ownership and maintenance program, in a recordabl,,~, thaCe!~arly sets forth the ownership and maintenance responsibilities for all temporary and permanent storm water management facilities which shall include the following: a) DescriPtion of the method and extent of the maintenance requirements b) Identification of an individual, corporation, association or other entity responsible for ownership and maintenance. c) When maintained by a private entity, a copy of the legally binding document which provides that the Township shall have the rigtii to: (1) Inspect the facilities at any time. (2) Require the Private entity to rake corrective measures and assign the private entity reasonable time periods for any necessary action (3) Authorize maintenance to be done by the Township or an agent or contractor of the Township and the liening of the.c0st of .the work against the properties of the pn ate enttty responsible for the maintenance. d) Establishment of suitable easements for access to storm water management facilities ~ e) When an assignment 0fresponsibility is made to the Township, it must include an acknowledgement of their formal acceptafice of the responsibility This document shall be recorded in the Office of the Recorder of Deeds for Cumberland County upon issuance of a permit. In all cases the document shall be recorded prior to the initiation of construction and be fully effective at the post-construction period. A Pennsylvania DePartment of Transportation Hi~*_Jaway Occupancy Permit for any storm water management facility, proposed within the right-of-way of anY State road Acknowledgment that a NPDES, DEP permit or other s0il erosion and sediment pollution control approval is not required by law, or if such approval is required by law, then a true and correct copy of such approval shall be provided to the Township. 12 - Article llI Silver Spring Township Storm Water Management Ordinance SECTION 305 304.04.8 304~04.9 Notification of approval from' the applicable State and Federal agencies for any proposed encroachment into the wetland. A schedule.forinstal!at~on~ofthe control, measures and devices. In all'c~ei, fiae pr osed?torm Water ~an~gement devices must be coml~teted prior t~'~he ~nstm~tion oi' additional impervious areas. A mO/iifieati0a'ofan:~proved Storm ~,.W~ g~r Management Plan shall reqUire a n~w pe~t e,x~pt th//t ~ ~V~hip*En,~ineer may authorize modification provided/fia~ such ni~ii~efitior~ ~b:i~ot (I1 alter the storm water m~nagement facilities in a manne~ wh!c~h significantly affects the discharge 6f S~orm~ter.to a~/adjacent prt~p~,~ or (2) significantly relocate a major storm water management faciIity within the project. C The provisions of this Ord,~e ar~e intended as mbaimum s ~t0nd~ards for the protection of ff~:pUbI~/ii~itl~ s~e~ ari~ welfiire. The Boai~of 30&6I pr0visi6ie ;'will not,constitute a (1) that a particular a.qow for equal or better Spring Township be made in wl, ifing ordinance or decision which is requested for waiver or appeal, (2) the proposed alternative to the requirement, when applicable, and (3) justifications for an approval of the waiver or appeal. 306.01.2 The Township shall (1) schedule the request for consideration by the Board of Supervisors at a public meeting within sixty (60) days of receipt and (2) provide ade~iUate notice to the applicant and any · other involved parties of the meeting at which consideration of the request is scheduled. 306.01.3 The Bo~d of Supervisors s.h.~, following the Consideration of the r~iiuest, ~ke SfiCh PUbliC aeii~ it ~hali cleero advisable and notif~ ill inVol~ed p~es wi~ twenty (20) days of the. action. Such notice shall cite the findings and reasons for the deposition of the waiver or appeal. Silver Spring' T0wmh'ip'S mrm WatSr 'Management Ordtmnce Article III - 13 SECTION 307 s 308 EXPIRATION OF A ~STORM WATER MANAGEMENT PEK ~! · ~ ... :!~-~., .~ . . · All Storm Wat~lg4~at'i~i~itiglsl~ Permits shall expire txvelve (12) months from .t, heda..te of.iss~nce ~0s,s ~ ax~ela~ion of time is ~al~proved An 5te~glp/l 0f~an unexpxm~$mm Water ~nagement Permit shall be . i~sUed b~, the ?owmip :~,ngine~r fol~vem, g me submission of a written .request if, in the opinion of the ToWnship Engineer, the following characteristics are pre,sent (i) the subj~ect prope~ or affected ~urrounding area has not been altered ina manner wh/ch requires alteration to the Storm Water Management plan, and (2) in the case where slibSmtial improvemch~rha¢e n°t bee~ COmpleted, any new stan, dard WOUld not alter the applicat/on ~e r~al of an extension of time Shall cite the reasons for such refusal. : A Storm.~[? M~agement-'P, rmit shall r~9~e~pire while ~ request for an extenSi6h i~ Pend~g~ .......... In~P. ectio,ns ~l be r~qui[~d V[i~ t9 ~flt~ ata~ of construction; ,d~ring mstallat4 , of'm,atenals ~ st~rCs~ and quthe completion 05 gll mqproVeffi~nt~, 'Prior to the inltia~n of con~trggfion, the developer shall a~ .ar~, ~. a ~re~COnS:m~u0n:¢~e;~g wl~,the Tp~P Engineer so that an inspection schedule can be co0rdinatbd wi~e con.5 ,tru6tion schedule. The Township Engineer shall be noflfied'~0 (2) working days in adv~c~.,.qf any imende~;date, of c0nstru~on..~?ne,~gmvisions stated hereto sliall not tm construed as' mandating penodm mspecuons and the unde '.~f Iff of p,eri~xlic inspectig!!s sh~ll not be q0~s~ed as an a~¢pta~ce 3f l!~e ,Wgr~.d~ ¢0~t ~.t~i~ or ~as a f'mal mspecuon of the construction, TheTomship shall ins~¢t.all Phases of the Land DistUrbance Ac~tivity ~aclUdhg; but no~ i~t~d to, the., fo!low~hg: a) Prior t~ ~e Start of any Land. Disturba~ce b) During construction of the per.manent storm water management facilities at such times as specified I~y ~e Township.. c) Upon installation of p~rmanent sto~ water management facilities. d) Upon completion of any final gradin , vegetative control measures or other site restoration work done in accordance with the permit. NO work shall begin on a ~ubsequ~nt phase tl~til the preceding phase has been inspected and appro~zal has ~been noted on the permit, 14 - Articl~ III Silver Spring~.To?~hip Sierra Wa[er Malla$~n},nt Ordinance . Any po~on of the work which does not comply with the approved plan must ~he ¢orreete~l by the applicant. No work may proceed on any subseqBent phase until the required corrections have been made. SECTION 309 PERFORMANCE GUARANTEE The Township may, prior to issuing a Storm Water Management Permit, require a Performance Guarantee for storm w~ter detention-and/or retention basin, erosion control facilit~d and other drainage facilities which may adversely affect adjacent properties, streets or other public improvements. ~.Wh. e. re reRuir~ed, th~.~developer shall file with. the Board of Supervisors, l%ancia! s~ty in an amount sufficient, to.cover the costs of the storm wa~r.manageraent facilities. The administration of the financial security s~, .comPlY with th~ financial se~c,urity provisions of the Silver Spring Township~ Subdivision and Land D~vel0~)ment Ordinance of 1994, as amended. SECTION 310 LIABILITY Neither i~uance bf the Permit nor compliance with the provisions hereto or ~ c~ndit[on~ i~posed by the m~li'~pality shall relieve any person from ~n'~ .re~p0n~i~iii~ for d~mage o~h~rWise imposed by law, nor ira. pose'?any li~bfli~. ~ upon Silver. ·. Spring. Township or its officers,~ .~ appointed prdfessionals, and employees for damages tO p6rsons or ~' prgperty~ . SECTION 311 SECTION 312 MAINTENANCE GUARANTEE '; The TownShiP may, p~ior to issuing a storm water management permit, require the applicant to submit a maintenance guarantee for the structural integri,tY as well as function of any storm water management facility for a term not to exceed eighteen (18) months from the date of acceptance of dedication by the Board of Supervisors. Said guarantee shall not exceed ,fifteen (15) percent of the actu~ cost of installation of said improvements an~l,be of'the same type of fmancial'sequlrity as required in this Article. Upon coinp!etion of all required improvements and prior to release of the peffomaxiCe bond, the applicant shall submit an as-built plan showing the location, dimension and ele/,ation of all storm water managemem facilities, in addition, the plan shall indicate that the resultant grading, drainage structures and/or drainage systems, and erosion and sediment control practices, including vegetative measures, are in substantial conformance with the previously approved drawings and specifications. The applicant's engineer shall certify that the construction of the storm water management facilities were completed in Silver Spring Township Storm Water Managenlent Ordinance Arkie I11 - 15 SECTION 313 313.01 313.01.1 313.01;2 313,01.3 313.01.4 313.01.5 313.01.6 313.02 313.02.1 313.02.2 accordance with the plans and specifications as approved by the Township, Th~,~Plnn:~hal[~e all deviation from the previously approved drawings. Three (3)paper copies of the plan shall be submitted to the Township, who shall distribute a paper copy to the Township Engineer and retain the remaining copies for the ToWnship fries. 15~ENTS~ 'IN LIEU OF STORM WATER MANAGEMENT Where the applications of the standards and requirements of this Ordinance would result in unique and undue hardship to a particular person or particular site, or where the TOwnship and Township Engineqr determine that the intent of this Ord!n~nee wou~d better be accomnlished' the Township may, in its sole diSc~ti6ti, require the payment of a fee-in- lieu of ~ ,' ' ' ' '~ ' comphance wnh the promstons of tiffs ordinance. In determining Whether a fee may be imposed by the To.Ship in lieu of compliance with the provisions of this Ordinance, the Township shall consider, where relevant, the following criteria: The amount of impervious area to be added to the site; The relationship of sUch imPervious areas to property lines; The area available for on-lot storm water management facilities; The capacity and condition of receiving channels; The location of existing or proposed storm Water management' facilities which would affect, or be affected by development of the site; Such other information as the person proposing development or the. Town~hip may deem relevant. 'W-here ithas been determined by the To~vnship that a fee may be paid in lieu of compliance with the provisions of this Ordinance, the following procedures shall be followed: The amount of the fee, as established by resolution of the Board of Supervisors, shall be for .each square foot of impervious material to be added to the site. The fee must be paid to the Township prior to issuance of any permits. 16 - Article Ill Silver Spring Towmhip Storm Water Managemeni Ordinance 313.02.3 313.02.4 313.02.5 -' All money paid tO the Township in this manner shall be kept in a capital reserve fm!d esta,blishe~J as provided by law. Money in such eapttalarese~ve fund/nust be'used only for the acquisition of land, construction of facilities, or maintenance of facilities for storm water management purposes. Funds collected pursuant to this, section shall be designated as collected from the watershed dis~¢t in which the proposed ~eV~topmentis tO oeec.. ~Thereafter..,.m,.onies expended from the ~nfl'~.'for storm wat~ maaagementfacjlt~ in any one district may hOe eXCeed monies coil~Ct~.d from tha~: dis~xict' The provisions of these regulations governing the setting and collection ~f fees in lieu o~f comtruefion of facilities shall not be utiliz until the T hip aas estabiifit/ed' a capital reserve fund. Silver Spring Town~h p' Storm Water' M~gemeht Ot~ nanc~ Article II[ - 17 IV DE$IC~N STANDARDS SECTION 401 SECTION 402 402.01 402.01.1 402.01.2 GENERAL DESIGN STANDARDS In.the interest of reducing the total area of impervious surface, preserving ~istingfeam~es which are critiSal to storm water management, and reducing the c~oncentrafi0n of storm water flow, the designer should consider imagln~tive design concepts and the flexibility provided by the waive~ proeess. Maximum us~hogld be made or,the existing on-sito natural and man- made gtorm water management facilities. The management of storm water, both during and upon completion of the disturbance associated with a land disturbance activity, shall be accomplished in accordance with the standards of this Ordinance. ' DESIGN STANDARDS The management of storm water, both during and upon completion of the disturbance associated with a land disturbance activity, shall be accomplished in accordance with the standards of this Ordinance. Pre-Develonmem vs. Post. DevelgD~ent. The peak discharge of the. calculated lOSt-development rUn6if t° an adjacent property shall be based upon the location of the property. The calculated post-development runoff from property located within the Hogestown Run or Trindle Spring Run Watersheds shall be consistent with the peak outflow rams specified in the "Hogestown Run/Trindle Spring Run Watershed, Act 167 Storm Water Management Plan." Areas qf less than 10,000~ square, feet must meet the l~rovisions of Section 402.01.2. The calculated post-development runoff from property located outside of the Hogestown Run or iTrindle Spring Run Watershed shall be designed so that the peak discharge of the calculated post- development runoff to an adjacent property does not exceed the peak discharge of the calculated pre-development runoff for a Type II storm event. The twenty-four (24) hour rainfall values are as follows: 18- Article IV . ' ~ , Sdver SprJng Townsh p Storm V. a~er Management Ordinance C) Frequency Rainfall '" '2 2.9" I0 4.7" 25 5.1" 100 6.4" RurAoff cal,c.~lggg~ f0~:.the pre-.a~!,dpost, deve!6pment comparison shall .b,e'ib.~d U~i~ ~ ~ow fro,~a t~o (2), te~ (10), twenty-five (25), and one liiff/dred (100) year storm frequency. The peak discharges and Method for the for Small to Township approval. within the Qff~sit land use conditions used storm fae'dities shall be based on 402.02 Desien §term Foi"Coi'l&etion Facilities. The dqsign of storm water management collection facilities that service drainage areas within the sile-shalt~ ~,~ based,..Upoq ~the p!eak flow. from a tw~n~-five.~,. (25) year sto~m frequency event. overland/~onveyance of the post development one hundred (100) year pe~ f!ow~,,:,~,~tl~,th~ si, t¢.withoUcdamage t9 any/private or public propervg. 402.03 Method of Calculations. Runoff calculations for on-site storm water co~v~y,a.~ce facilities shall be ~ t~ppn the p,g~.ti~l Method or an acceptable engineering de~igrt ~e~0d, subject to Township approval. 402.04 Criteria. Methodoloev and Assumotions. Appropriate values for mnoffi '~o~'~ffi~i6~¢l;i~ 0'~¢~i/~.7~ rain/~,all ~temiw shall be from · e latest ~tion of ~e Co~onweal~ of Pe~sylv~a, Depa~ent of Tr~p?~fioq Design M~l, p~ 2, High~v~ Design, C~pter 10. Use og,o~er eci~r~,~d01~gy,:mm~iom, references, c~cMatioa~ me~ ~Oor~compu~r m~tMgmy.b~ aecepmd, provided derailed d~ ~oma~n [nd Progt~ wi~ references are sub,Red ~d aPPr~e~' ~ ,,~?~i~ ~ ... ' - - 402.05 Coo~di~at~n wi~ Adiacent ~ndS. Comiderafion shall be given to the re~ati~ip 0L~ suhj~t pr0perty,m ~ dra~a~ b~aem of ~e watershed. ~e proposed sto~ water discharge at ~e per~emr of ~e site shah not be beyond ~e capaciW 0f any exist~g, ~ediately Silver Spring Towmhip St6m Wa~r M~&~ea~ 0ffitm~ A~ide IV - 19 contiguous, storm water management facility into which it flows, unless the exdsting flowat the peri~ter of the site already exceeds the capacity of the existing facilities into Which it flows and the discharge does not alter the calculated pre-development discharge characteristics. S~torm water shall not be transferred from one watershed to another, unless (i) the watersheds are sub-watersheds of a common watershed which join together within the perim?ter of the property, (2) the effect of file transfer does'not alter the ~peak ~lt~,charge o~'to adjacent lands, or (3) easements from the affected dowtlStre~ali'land0wfiei's are provided. Stona water mn0ff from the subject pro~iW ihall.flow directly into a ~ia.m.ral water~6~.or hito ali ~istili'~ s~.~-~e~¢r. system, or ~nto adja~ent, propertiei in a rmUme~i: similar to/tie m~0ff characteristics of ~he.preqleWeloprheilt flOW. 402.06 ~l~gl~u~l~. Retention. basins and detention basins shall be designed witha rrdnimum one (1);~oot fr~eb6ard abbve the design eleVafion'~f file one'hundrefl (l'00)'?ar water'surf~ce at the emergency spillWay.' Afldlfionally, b~jifis shall 1~6 deflgned to'safely discharge the full 100.-yoar peak disoharg.of apO~' d~velopment-storm event through- an emergency spillway in a manner which will not damage the integrity of'ffl0 bas~. Basins shall not be locate¢'o{er.'any existing or proposed utility line, Storm water basins located in known sinkhole-prone areas are required re'be lined to prevem,infiltration into flli~,g~oand. The Modified PULS Method of Calculating routing or an acceptable engineering design method, subject to Township approval, shall be used for detention ,basins. Basins shah be .coustmcted and maintained to insure the design capacity after sedimentation'has'taken place. Basin discharge ollfi~ts shall:be designed to release runoff in a condition WhiC~'~efieCtS ~pre-dev~el6pmem characteristics Basins which are not designed ro release all storm water shall be -specifically identified as retention baS~ or Permanent pond basins. All other basins ~shatt have pr0visions :for de-Watering; particularly the bottom, and shatl not create sWampy and/or unmaintainable conditions. Low flow channels shall be USed,to de.water the bottom of a basin. A minimum slope of two percent (2%) or a paved Iow flow channel of at least 0ne percent (1~ Shalt bepmvided. DiScharge structures shall be desi.oned ' to elnnmate the~ poss~bdtty of blockage dunng operation 20 - Article IV Silver Spring ToWnslii~ Storm waier Management Ordinance Basins which are located in or adjacent to a residential zone and viewed by the Township as~ potential hazard to the public safety shall be completely SUrrounded by a fence ar wall of not less than four (4) feet in height. The fence or wal! shall not have }~ opening or gap !~ger than two (2) inches and be provided with a sel~-¢10sing and self-latching gate 402.07 Groundwater Recharge System. The use ~f groundwater recharge syster~ ~ill onl~ be ~en~,tted in ~ases wil~t~ the applicant has - demonstrated tint altemati~e'facilities We netpossible and the area is not a known sinkhole-prone location. 402.08 ~. Basim which are designed with earth fi~,! dams shall be destgned by areg~stered~ pr0,fess~onal, eng~eer with experience m earth- filled dams and shall incorpo/ate the follb~'ing minimum standards: 402.08.1 The maximum water depth (measured from the base to the crest of the emergency spillway) shall not exceed s~x (6) feet, unless approved by'waiver of the Township. 402~08.2 402.08.3 The ~li~ t~p w~dth of al! ~ shall be fix:e (5) feet; 'unless appt6y~d by w~'et df th~ Tow, m~p. ,~ The side slopes of eamh fill dams shall not be steeper than three (3) horizontal to one (1) vertical onboth Sides of the embankment. 402.08.4 Basins without restricted access shall have impoundment areas With side slopes no greater than five'~5) horizontal to one (1) vertical. 402~08.5 A cutofftrench of impervious material shall be provided under all 'dams. 402.08.6 All pipes and culv~,rts through dgr0S be reinforced concrete and have properly spaced concrete cutoff collars 402.08.7 Ail riser pipes shall be reinforced cement concrete. 402.08.8 - Minimuln floOr ele~/ations for all structures that would be affected bya basin, otti~r ten~porary imPgui~dments, or open conveyance systemS Wliere p0ndingmay 0¢eur shall 1Se two (_) feet above the 100 year water surface and/or one (1) f06t above the 500 year water surface.' If basement or Underground facilities are proposed, detailed calculations addressing the''effects of storm water ponding on the structure and wa~r-proofmg and/or flood-proofing design information shall b~ su'l~mitted fer approval. The TownShip may, upon recommendation of the Township Engineer; impose additional reqUire'merits on earth f'fll dam for the safety and welfare of the Township. Silver Spring Township Storm Water Management Oidtnanc& Article IV - 21 402.09 402,09 1 402.09.2 402.09.3 402.09.4 402.09.5 402.10 CaPacities. The capacities of the pipes, gutters, inlets, culvem, ouk structures, and s,~a!~s sgall 99~ider all possible hydraulic conditions. The foil:owing ~l~"~U~'~[sign standards: Grass swales and roadside gutters shall consider both the channel velocity and stability. The "n" factors to be used for paved or rip,rap swales or gutters shall be based on the latest edition Of the Pennsylvania Department of Transportafion's Design Manual, Part 2, Highway Design, Chapter 10. The Uti". factors for corrugated metal pipe hh~l be based Upon the manu~mrer's standard. The velocity to be used in the design of any piped storm water conyeyance SYStem shall be a m~urn 6f two and one-half (21.6) feet per second, Inlets, culverts, and basin disch~, e systems shall be designed for the worst case eomlition. ~et eapaci~,shall be based on design standar iS provided by latest Of ~ Pennsylvania Department of Trampgrtation's Design Manual, Part 2, Highway Design Chapter !0: If acceptable information is not available, inlets in non,pending areas shall be designed for a maxLmum capa¢i~ of five (5) cubic f~et pe; se~0nc~ ~ Where p0ndingoccurs, inlet capacity shal~ he.base~ o~ accepted ~r~gineering design practices. Culvert design shall consider either inleffoutlet control or a combination of hydraulic losses through the system, whichever is greater. Basin discharge systems sha[l~ he designed to the same standards as cuh,erts. If it cannot be readily determined which hydraulic condition .coagols~ the basin d{scharge rate shall be based on the highest p0ssible discharge rating curve with the basin capacity sized to store the excessive storm runoff based on the lowest possible discharge rating curve. St0~ Wat~[ F10W Along :~[ree~s and~e4SS Drives. Inlets shall be along the,curb line :and are .et pe~itte~l along the curb radius at an intersection. When p0~sib!e, ~ets shall be; toeated away from the side tot p[operty line to ,avoid conflicts w~ith drivexeays. For the purpose of inlet placement,: curb gutter 'or roadside s*a~ale, flow depths for a ten (10) year storm frequency witha five (5)minute duration shall not exceed three (3) inches in a swale condition, two (2) inches in a gutter condition, and one-hal~ (142) inch across intersections and travel lanes. In no case shall inlets be spaced more than six hundred (600) feet apart and function at less than Sixty-five percent (65 %) efficiency based on the criteria in the PennDOTDesign Manual. 22 - Articl9 IV Silver Spring <Township Storm Water Management Ordinanc~ 402.11 402.12 '402.13 402.14 402.15 402.15.1 Manhole Locations. Manholes shall not be spaced more than five hundre~ (500) feet apart Additionally, manholes shall be placed at points of changes in the horizontal or vertical direction of storm sewers. Inlets may be substituted for manholes where they will serve a useful purpose. Aliment Requirement. If less than a forty-eight (48) inch diameter, curves in pipes or box culverts, without an inlet or manhole are prohibited. Tee joints, elbows, and wyes are always prohibited. ~. Storm water management pipe collection and conveyance systems shall have a minimum 'diameter of fifteen (15) inches. All material and installations must comply with Surface Flow Characteristies¼,'The~maxRaum swale, _matter, or curb velocity 9. f storm water ~off shall be. maintained at levels which result '.in a stable condition b0~ ~u/'ing md ~ftel; conStruction. The following areconsidered charaCteriStics 6f a stable condition: a) It neither aggrades or degrades beyond tolerable limits. b) The channel banks do.not erode to the extent that the channel cross se6tion i~ changed ~P~reciab!y:' c) Sediment bars do not develop. d) Erosion, does not occur.around 'Culv~'alldrbrido_es or elsewhere. e) GUllies dO not form or enlarge due to the enti3, of uncontrolled storm water runoff. Grass-lined channels shall'be conSidered stable if the calculated velocity does not exceed the allowabl'e velocities shown below: a) b) Three O) feet per secOnd*where only sparse vegetation can be' bstablisbed and maintained because of shade or s0il condition. Four (4) feet per second where normal growing conditions exist and vegetation is to be established by seeding. c) Five (5) feet per second where a dense, vigorous sod can be quickly established or where water can be temporarily diverted during establishment of vegetation. Netting and mulch or other equivalent methods for establishing vegetation shall be used. Silver Spring Towmhip Storm Water Management Ordinance Article IV - 23 402.15.2 402.15.3 402.16 402.17 402.17.1 402.17.2 d) $i~x..(6) ~f0et per se~cond where there exists a well establisheu Where swale bends:occur, the allowable velocities listed above shall be divided by the following factors: ~ Velocity 0 to 30 1.5O 30 to 60 1.75 60 to 90 2.00 90 and over 2.50 The ab°ve gl'ass-lined charnel l!oWl~ ma~ be eXCeeded if the designer Can provide accepta§le Subpottive design criteria as proof of er~i0n pr..0vention~ Wher,,~ ~e ve!ocitY 0t S~orm, ~i!ter runoff exceeds the allowable velocxty; erO.qon prOtection must be provided; The method of erosion protection proposed must be supported by the appropriate design information and/or refei0n~ees. ,Sump Pump discharges and s~arly, roof drains will be directed t° lawn are~ awa~ ~0m residences, into areas that will surface drain to congey~sd S~Cmr6g (elg. swales and storm sewer collection systems), ~. ,~ea gp~ications~ are submitted in phases, and if ~emPo~arY ~aciliti6~: a~equ~ed f~r ConStmcti°n of a phase, such facilities ~hall be included in the submitted plans. All phases of development must comply with the pro¥isions of this Ordinance. In the event temporary measures cannot adequately handle the storm water runoff; the main,' ouffall line shall be included as part of the construction of the proposed phase. Erosion and Se,d.!~e~tafiml, All land disturbance facilities shall conform m the require~ents0f the pe.r~yl),ani~.Department of Environmental Protection Sod Erosion and Sedimentation Control 3,lanual. The following principles shall be aPPlied to the design plan and construction . schedule to minimize soil erosion,,and sedimentation: Stripping of vegetation, grading, or other soil disturbance shall be done in a manner which will minimize soil erosion. Whenever feasible, natural vegetation shall be retained and Protected 24 - Article IV Silver Spring Township Storm Water Manaaement Ordinance 402.17.3 402.17.4 402.17,5 402.17.6 402.17.7 402.17.8 402.18 402.19 402.20 The extent of the disturbed area and the duration of its exposure shall be kept to .a ~um~ within practical limits. ~ither temporary seedLng, mulching, or other suitable stabilization ~es shalI be Used ~o Protect ei~0sed Critical areas during cO~c~ion. . .", Drainage provisions shall accommodate the storm water runoff both ~g and after construction. Soil erosion and sedirr~entafion facilities shall be installed prior to any on-site grading. The design plan and construction schedule shall incorporate measures to minimize soil erosion and sedimentation. Retention and/or detention basins, and water carrying facilities shall be stabilized in accordance with current engineering and Soil Conservation Service practices. F_l.0.o_d_p~. All storm water management plans shall conform with the FloodPlain Stag. dards s~pecifiod in the Silver Spring Township Zoning Ordinance, as amended. ~. When considered appropriate, easements shall be pwvided where storm water 9r ~u,~face water drainage facilities are existhig or proposed, whether located within or beyond the boundaries of the property,. Ensen~. nts for ma~tenance ofpipes.and culverts shall run from outlet to iai_et: Normal lot gEading will not require easements. Swales ,which receive runoff from more than one other lot must be prov!ded~ with an, easenlent. Easements shall have a minimum width of v, ve~ty (20) feet an~ shall be adequately designed tC provide area for Ia) the cg!ie6~ion and discharge of water, 0o) the maintenance, repair, and reconstruction ot the drainage facilities, and (c) the passage of machinery for such work. When considered appropriate, easements shall include a description of an ownership and maintenance program, in a recordable form, that clearly sets forth responsibility for all temporary and permanent storm water management facilities. Ownership and Maintenance of Storm Water Management Faciliiie,$. The intent of these regulations is to provide private ownership and maintenance of storm water management facilities, erosion and sedimentation control facilities and floodplain control facilities. Under no circumstances does the Township intend to accept dedication of erosion control and sedimentation basins. The Township does not encourage the dedication of storm water management facilities that are located outside public street rights-of-way. Where the Storm Water Management Plan proposes that the Township own or maintain a storm Silver Spring Township Storm Water Management Ordinan¢~ Article IV ~ 25 402.20.1 402.20.2 402.20.3 402.20.4 402.20.5 402.20.6 water management facility~ a description of the methods, procedures, and the extent 0/maintenar/e~ shall be described in such an offer. Maintenance of all storm water, management facilities during development shall be the sole r6sponsibilitY of the developer and shall include, but not be limited to: Removal of silt from all basins, traps or other structures or measures when thirty Percent (30%) of capacity is filled with silt; Periodic maintenance of temporary control facilities as described in the soil erosion and sedimentation control plan as such replacement of silt fencing, straw filters or similar measures; Establishment or re-establishment of vegetation by seeding and mulching or sodding of scoured areas or areas where vegetation has not successfully been established; Installation of necessary controls to correct unforeseen problems caused by storm events within designed frequencies; Removal of all temporary measures and installation of permanent measures upon completion of the project; Requucements of the Pennsylvania Depash~lent of Envii'omnental Protection, Chapter 102 Regulations. Ownership of ail'storm water'management faeilkies after construction shall be the sole responsibility of the developer or the private landowner as set forth in the plan. The only storm water management facilities which are to be controlled by the Township shall be those facilities which have been offered for dedication and accepted for dedication by the Township. Future offers for dedication can only be made for facilities which meet current Townshfp spicifications. · 26 - Article IV Silver Spring Townihip Storm Water M~nagement Ordinance SECTION 501 501.01 501.01.1 .501.01.2 T!CLE V ADMINISTRATION Any person, partnership or corporation who being the owner of land on which a Land Disturbance Activity, as defined in this Ordinance, has occurred or is engaged in shall comply With the provision of this Ordinance and the Storm Water Management Permit. Any Land Disturbance conducted in violation of this Ordinance or the Storm Water Management Permit is hereby declared a public nuisance. In the event of a violation, Silver Spring Township may initiate the following actiOns: Suspension of a Storm Water Management Permit Any permit issued under this Ordinance may be suspended by the Township based upon: a) The noncompliance with or faiture ~0 implement any provision of the Storm Water Management Plan, or b) A violation of any provision of this Ordinance relating to the project, or c) The creation of any condition or the commission of any act during construction which constitutes or creates a hazard or nuisance or which endangers the life or property of others. Under the suspension cfa permit, only such work as the Township so authorized'may proceed. ':This worlc shall be limited to that which is necessary m correct the violation. A suspended permi[ shall, be reinstated, by the Township when: a) The Township has inspected and approved the corrections to the storm water management facilities or the elimination of the hazard or nuisance, and b) The Township is satisfied that the violation of the Ordinance has been corrected A permit will not expire while under suspension or noncompliance exists with the permit. Silver Spring Township S cfm Water Management Ordiram* Article V - 27 501.02. 501.02.1 501.02.2 501.02.3 501.03 501.03.1 501.03.2 501.03.3 501.03.4 501.04 Revoke a Storm Water Mana~m.ent Permir Based upon a report from the:Township Engineer thai the existing site condition or further construction is likely to endanger property or create hazardous conditions, the Township may: Revoke a permit. R~quire Protective measures to be taken and assign a reasonable ~e ~eriod for.the necessary action. ~ Authorize protective meaSureS, to i~ done and lien all cost of the work against the property 0a which work is required. A permit which haS been revoked cannot be reinstated. The applicant may apply for a new P~rmit in accordance with the processing procedures in Article hi. N6tification Of SUsuensiOn or Revocation of a Storm Water Managem¢,i In the event of a suspension or revocation of a Storm Water Management Perrait, the Township Sh~ provide wgitten notification of the violation to ~e landoWn~ and/or applicant at his last known address. Such notification shall: Cite the specific violation, describe the requirements which have not been met, and cite the provisions of the Ordinance relied upon. Identify the specific prgtective measures to be taken. Assign a reasonable time period necessary for action or in the case of revocation, identify if the Township has authorized prbtective measures to be performed at cost to the landowner. Identify the right to request a hearing before the' Board of Supervisors if aggrieved by the suspension or revocation. Suits to restrain, prevent, or abate a violation of this Ordinance may be instituted in equity or at law by [he Township. Such proceedings in equity or law may be initiated before any court of competent jurisdiction. In cases of emergency where, in the opinion of the court, the circumstances of the case require immediate abatement of the unlawful conduct, the court may, in its decree, fix a reasonable time during which the person responsible for the unlawful conduct shall correct or abate the 28 - Article V Silver Spring Township S~orm Water Management Ordinance SECTION 502 SECTION 503 SECTION 504 SECTION 505 same. The e~t. pense of such proceedings shall be recoverable from the violator in such manner as may now or hereafter be provided by law. A~ay pers~a ~.ho sJaa~ violate ~any of the pre~isio~ of this Ordinance or who ~h~ fail to eo~ ly with ~ay written nottee from Silver Spring Township which describes a condltionoLnpn~on'~liance, shall be guilty of a summary offense, and upon conviction thereof, shah be subject to a fine payable to Silver Spring Township Of notmore ban one thousand ($I ,000) dollars for each violation, recoverable with cost. In default of ~. payment of the fmc, ~uch person shall be .liable to imprisonment for not re°re th/mthirty (30) days. A new, and separate violation shall be deemed to be committed for'each day after.receipt of the aforesaid notice that such violation exists. In addition..the Township nay institnte injunctive, or any other appropriate action or proceeding of lawor in equity for the enforcement bf this Ordinan?. Afiyurt 65 competent jurisdiction shall have the right to issue regtraining orde/'s, temporary or permanent injunctions, writs, or other appropriate forms of remedy or relief. APPEAL TO THE ,SILVER SPRING TOWNSHIP BOARD OF SOP i viso s Any persons aggrieved by any action of the Township may appeal to the Board of Supervisors within twenty days of that action. INSPECTION OF PROPERTY Upon presentation of proper credentials, duly authorized representatives of Silver Spring Township may enter at reasonable times upon any property wi~in the muai~ipgl/~y to: i~,~t~ate or 'ascertain the condition of the subject property un regard to any aspect regulated by this Ordinance. The landoWner Shall grant to the Township, or its agents, access toLhe site of the work at all times ~hile under construction, for the purp6se of inspecting tho work. Should any section or provision of this Ordinance be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this Ordinance. Silver Spring Tow ml~ip Storm Water Management Ordinate Article V~ 29 SECTION 506 SECTION 507 SECTION 508 SECTION 509 SUCTION 510 COMPATIBILITY WITH OTHER PERMITS AND ORDINANCES Permits issued pursuant to this Ordinance do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance of another governing body. Any provision of any other statute~ code, ordinance or .re.gulation which provides greater protection shall control in the event of conflicting regulations. MUNICIPAL LIABILITY The degree of storm water management sought by the provisions of this Ordinance is considered reasonable for regulatory purposes. The issuance of permits by Silver spl~'mg ToWnship, its officers, or employees, shall not be deemed to. relieve the developer of responsibility, if any such responsibility exists, to those adversely affected by the drainagi of water. Further, the municipality Sough the issuance of a pertilit assumes ~t0 r~SP6nslbility to either the developer or the adjoining prOpe~ owner affected bY the drainagi of water. SAVINGS PROVISION FOR MATTERS IN PROCESS Applications validly submitted to the ToWnship per approval and any litigation pending under or because of any previously enacted storm water management ordinance prior m the effective date hereof shall be evaluated and governed by such prior 0rdinance; and, for such limited purpose, such previously enacted ordinance or ordinances shall be saved from repeal as hereafter provided. RELATIONSHIP OF OTHER ORDINANCES Except orfl¥.as otherwise provided in Section 508, all other ordinances or parts of o~dmances inconsistent hereWith Shall be and are hereby repealed. ADOPTION AND EFFECTIVE DATE This OrdinanCe shall become effective five (5) days after its enactment by the Silver Spring Township Board bf Supervisors. 30 - Article V Silver Spring Towmhip Storm 'sVau~r Management Oi'dinance DULY ORDAI1NED AND ENACTED this 17th 'day of November , 1999, by the Board of Supervisors of the Township of Silver Spring, Cumberland County, Pennsylvania, in lawful session duly assembled. ATTEST: SEAL SUPERVISORS O1~ SILVER SPRING T~/WNSHIP ~Supervisor ~ ' - Supervisor . S~e~or Silver Spr/ng TownShip Storm Water .'~dn~agement Ordlnan~e Art/cie V - 31 APPENDICES APPENDIX NO. 1 APPLICATION FOR A STORM WATER MANAGEMENT PERM-IT MINOR LAND DISTURBANCE SILVER SPRING TOWNSHIP Cumberland County, pennsylvania ,\pplication is hereby, made to Silver Spring Township for the issuance of a Storm Water Management Permit . mrsuant to the spec fications herewith submitted. 1. Name of ProperS' Owner(s): Address: 2. Name of Applicant (if other than owner): Address: Telephone No.: I Telephone No.: 3. Project Location: If the property is the subject of a subdivision or land development, provide plan book record number or Township identification number. ' 5. Brief Description of Work to be Performed: A general plan of th~ lot configuration, building location, grading, and storm water management facilities shall be shown on the reverse side of this pa~e. Storm Water Management Plan Prepared By: Address: Telephone No.: [ Fax No,: The undersigned bereby represents that to the best of their knowledge and belief, al/information listed above and on the reverse side of this pa~e is true, ,correct, and complete. Date: Signature of Applicant For Township Use Only File No.: Date of Receipt/Filing: PLEASE CO3[PLETE THE GENERAL PLAN ON THE REVERSE SIDE OF 'lllIS PAGE. (See Section 303.01) 32 - Appendices Silver Spring Township Storm Water Management Ordinance GENERAL PLAN The following shall be shown on the Plan: Lot Configuration Building Location Contours or Flow Arrows Storm Sewers Terraces Bridges Dams Scale: (4 squares per inch) Infiltration System Swales Watercourses Floodplaias Basins Silver Spring Township Storm Water Management Ordinance Appendices - 33 APPENDIX NO. 2 APPLICATION FOR A STORM WATER MANAGEIVEENT PERMIT MAJOR LAND DISTANCE SILVER SPRING TOWNSHIP Cumberland County, Pennsylvania Application ' made to Silver ~ the ~ for the issuance of a Storm Water Management Permit 1. Name of Property Owner(s): Address: 2. Name of Applicant (if other than owner): Address: NO.: 4. Type of Earth Disturbance Activity: A, New impervipus or semi-irapervious surface B. Diversion or piping of natural or man-made watercourse C. Installation of the following: Culvert Retention Basin Detention Basin Sediment Basin D. Removal of ground cover, grading, filling, or excavation (sq. R./ac.) 0inear R.) L(sq, ~./ac.) 5. If the property is the subject of a subdivision or land development, provide plan book record number or Township identification number. 6. Storm Water Management Plan Prepared By: Address: No.: Fax No.: The undersigned hereby represents that, to the best of their knowledge and belief, all information listed above is true, correct, and co~nplete. Date: File No.: Date e Only (See Section 303.02 34 - Appendices Silver Spring ToWnship ~torm Water Management Ordinance APPENDS: ~NO. 3 STORM WATER MANAGEMENT PLAN CERTIFICATE I hereby certify that, to the :beSt of mY knowledge and kffo~mation, the storm water management facili~l~S ~hOWn a~ d~scribed hereon are designed in confo~n~ance with the Silver Spring Township Storm Water Management Ordinance. Date Signatur~ and Seal Of the Registered ~r°fe~§iOhal ResP~ibie for the' Preparation of the Plan (_il (See Section 304.01.8) Silver Spring TownShiP=St0rm~wa~er Management Ord!nanc~ . Appendices, 35 APPEND~ NO, 4 STORM WATER MANAGE1V[ENT PERMIT LAND DISTURBANCE ACTIVITY ~ver Spring Towns~p Cumberland Coun. t'y,: Pennsylvania PERMIT NO. The property of located at has received approval of the storm water management plans dated .~ ,last reVised .. ., . . ~ in accordance with the Silver Spring Township Sto~u Wat~ Management Ordinance. Appr. oved By: Date: Expiration Date: Approved Date SCHEDULE OF INSPECTIONS During construction of the following specific storm water management facilities: Upon installation of all permanent storm water management facilities. Final grading, vegetative control measures, or other site restoration work. (See Section 302) 36 - Appendk:e~ $1iver Spring TownshiP St6rm W~ter Management OrdinanCe APPENDIX NO. 5 STANDARD COMPUTATION TABLE Silver $orin= Townshio Storm Water Mar~=ement Ordinance A~oendiccs - 37 EXHIBIT "B" Addrcss: APPENDIX NO. 2 APPLICATION FOR A STORM WATER MANAGEMENT PERMIT MA. IOR LAND DISTURBANCE SILVER SPRING TOWNSHIP O,mberlaud County, Pcnn~ylvaaia is hereby made to Silver .Spring. Town.ship for the i.s,suanc~ of a Storm Water Management to thc: s acrcvnth submitted. Name of A owner): Addrc.~: ] Telephone No.: 3. Project Location: ,4'/~',4/ it, O'~/.~'~/ 4. Type of Earth Disturbance Activity:. A. New impervious or acmi-knpcrvious surface g. ~'/ (sq. ft.~} B. Diversion or piping of natural or man-made watercourse C. Installatioa of thc following:. Culvert Retention Basin Dctcafioa Ba~n Scd~ncnt Basin D. Rcmoval o£~round cover, grading, ~]!;,~g, or cxcavadoa /~. O, (linear 5. If thc property h thc subject of a subdivision or land dcvclopmcnt, providc plan book record number or Tow~Mp {dcntiflcation number. a Z,t d/ A 6. Storm Water Management Plan Prepared By:. ~c ~dcr~cd hgrcby rcpr~cnu ~at, to ~c b~t of ~ ~owlcdgc ~d bc~cf, ~ ~o~afion ~tcd a~vc ~d on ~c reverse stdc of ~ page is ~uc~ ~¢ct~ ~d compFctc. ?.'[?'?J~':'' ':' ' "?' ~.:;".:?~;~ ............ ':'"' ""'":: 7'"' '~ .......... ............. . .......... :' ~':.' ";'"...'~ ;.' r"~. '~ .' /' ~ ........ .." "~' (Sec Se~ioa 303.02 EXHIBIT "C" Wayn~ Maria SILVER SPRING TOWI SHIP July 1,~, 2001 Ncr' Sprang' ~owr~hip. ha~ rccetvcd an application an, [ SUpl~orlinR informetio- t',,. ~ [~ n~ veen ~ to me~ to~mp ~n~n~r for ~icw m t corot ~ a~lim~oa is d ~ncd~pl~e ~ue to you'not Mx4ng ~pmval ~m ~c Com~ Con~aflon ~s~ct. ~ould tou hav~ ~y qu~s~o~ pl~ call $ince~ly, gonin~ EXHIBIT "D" Cumberland County Conservation District 43 Brookwood Avenue, Suite 4 - Carlisle, Pennsylvania 17013-9172 - Phone (717) 240-7812 - Fax (717) 240-7813 Jeffrey S. Austin 716 North West Street Carlisle, PA 17013 September 4, 2001 ACTIVITY NAME: Rich Valley Golf Club PERMIT NUMBER: PAR-10-H261 MUNICIPALITY: Silver Spring Township COUNTY: Cumberland County, PA Dear Mr. Austin: Enclosed is the above referenced permit which authorizes the discharge of stormwater from the construction activity described in the final erosion and sedimentation control plan and the permit application. Please ensure that the approved erosion and sedimentation control plan is fully implemented and available at the construction site. The Cumberland County Conservation District reviewed the erosion and sedimentation control plan to determine whether it is adequate to satisfy the requirements of the Chapter 102, Erosion Control Rules and Regulations. The Conservation District assumes no responsibility for the implementation of the plan or the proper construction and operation of the facilities contained in the plan. Please read carefully, Parts A, B and C of the permit which details the terms and conditions of this authorization. Conservation District staff and/or representatives of the Department of Environmental Protection (DEP) may inspect this earthmoving activity to determine compliance with applicable permit requirements, Chapter 92, 101 and 102 Rules and Regulations and "The Clean Streams Law". Permit requirements and federal regulations at 40 C.F.R. ss122.21(b) require that "when a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit". Please be advised that once a contractor has been selected for the project, the contractor must either be added on as a co-permittee or have the permit responsibility transferred to them. The co-permittee/transferee form must be received by this office at least 30 days prior to the co-permittee/transferee action taking place. The enclosed form must be used to add a co-permittee/transferee. Enclosed, also is a Notice of Termination (NOT) form to be completed and filed with the District/DEP once construction activities have ceased and final stabilization has been achieved. CONSERVATION-DEVELOPMENT-SELF-GOVERNMENT The County Cohservation District must be notified by telephone or certified mail at least seven (7) days prior to the start of construction. A pre-construction conference is requested. This authorization does not relieve the applicant from applying for and obtaining any and all additional permits or approvals from local, state or Federal agencies for the construction activity described in the permit application. Sincerely, Kimberly J. Falvey District Technician Enclosure CC: Bill Cook, Silver Spring Township Jeff Kelly, Cumberland County Planning Commission Stephen Fisher, FMR District File 3639-FMA~/Q007'9 §197 COMMONWEALTH OF PENNSYVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF WATER QUALITY PROTECTION APPROVAL OF COVERAGE UNDER THE NpDES GENERAL PERMIT FOR DISCHARGES OF STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES (PAG-2) NPDES PERMIT NO: PAR-10-H261 In compliance with the provisions of the Clean Water Act 33 U.S.C. Section 1251 et seq ("the Act" and Pennsylvania's Clean Streams Law, as amended, 35 P.S. Section 691.1 et seq., the Department of ~nwronmenta! Protection hereby approves the Notice of Intent (NOI) submitted for cov'~rage by: FACILITY NAME AND ADDRESS: Jeffrey S. Austin Rich Valley Golf Club 716 North West Street Carlisle, PA 17013 to discharge stormwater to the following receiving water(s): Conodoguinet Creek subject to the Department's enclosed PAG-2 which incorporates all effluent limitations, monitoring and reporting requirements and other terms, conditions, criteria and special requirements for the discharge of stormwater from point sources composed entirely of stormwater associated, in whole or in part, with construction activity, as defined in this general permit, to surface waters of the Commonwealth, including to municipal separate storm sewers and non-municipal separate storm sewer. APPROVAL TO DISCHARGE IN ACCORDANCE WITH THE TERMS AND CONDITIONS HEREIN MAY COMMENCE ON THE DATE OF THE APPROVAL OF COVERAGE, AND IS VALID FOR A PERIOD OF FIVE YEARS WHEN CONDUCTED PURSUANT TO SUCH TERMS AND CONDITIONS. COVERAGE MAY BE EXTENDED BY THE DEPARTMENT IF A TIMELY ADMINISTRATIVELY COMPLETE AND ACCEPTABLE NO! RENEWAL IS SUBMI'I'trED TO THE DEPARTMENT AT LEAST 90 DAYS PRIOR TO DATE OF COVERAGE TERMINATION, UNLESS PERMISSION FOR SUBMISSION AT A LATER DATE HAS BEEN GRANTED BY THE DEPARTMENT. COVERAGE APPROVAL DA'I'_E: September_.4~2001 Cumberland County ~'oll'servation.~. trict 43 Brookwood Avenue, Suite 74 Carlisle, PA 17013 EXHIBIT "E" SILVER SPRING TOWNSHIP Wayne M. Pecht, Chairman Jackie Eakin, Vice-Chairman Jan N. LeBlanc William C. Dunn Maria L. Lewis September 14, 2001 Jack K. Sunday and Jeanne N. Sunday 40 South Middlesex Road Carlisle, PA 17013 Lettermen, Inc. 716 North West Street Carlisle, PA 17013 RE: Final SubdiVision Plan 2000-4F Dear Applicants: The Silver Spring Township Board of Supervisors at its meeting held September 12, 2001 reapproved the above noted final subdivision plan subject to the following comments: The Silver Spring Township Board of Supervisors conditionally approved the preliminarY subdivision plan on September 22, 1999 (reaffmned September 12, 2001). 2. Plan must be signed by landowner(s) and Properly notarized (403.06.4). 3. Planning module must be approved by DEP (403.05). Provide copies of right-of-way agreements for gas line and PP&L right,of-way (402.06.1). Show all existing features within 200 feet of subject tract (402.03.4). The Board of Supervisors granted this waiver on September 22, 1999 as part of Preliminary Plan submission (reaffirmed September 12, 2001 ). Show all existing healthy trees with a caliper of 6 inches or more (402.03.6). The Board of Supervisors granted this waiver on September 22, 1999 as a part of Preliminary Plan submission (reaffirmed September 12, 2001). Concrete monuments shall be provided along property line of parent tract (608.01). The Board of Supervisors granted this waiver on September 22, 1999 as a part &Preliminary plan submission (reaffirmed September 12, 2001). 6475 Carlisle Pike · Mechanicsburg. PA 17050-2391 · (717) 766-0178 · (717) 766-1696 FAX Jack K. and Jeanne N. Sunday Lettermen, Inc. September 14, 2001 Page 2 Street trees shall be provided along all road frontages (611.03). The Board of Supervisors granted this waiver on September 22, 1999 as a part of Preliminary Plan submission (reaffirmed September 12, 2001). The plan shall be drawn at a scale of 10 feet, 20 feet, 30 feet, 40 feet, 50 feet, or 100 feet to the inch (402.01.1). The Board of Supervisors granted this waiver on September 22, 1999 as a part of Preliminary Plan submission (reaff'n'med September 12, 2001). 10. Placement of iron pins (608.02). The Board of Supervisors granted this waiver on September 22, 1999 as a part of Preliminary Plan submission (reaffirmed September 12, 2001). 11. All conditions of preliminary plan must be addressed before final plan approval. 12. Note 15 must specify number of lot rights for Lot No. 2 and Lot No. 3 in addition to total lot rights. 13. Recording fee must be paid to Township prior to plan recording. When these conditions have been met and the appropriate officials have signed the plan, it will be recorded at the Cumberland County Court House. If you have any questions, please do not hesitate to contact Mr. Kelly K. Kelch, Assistant Township Manager. WSC/ksd Kelly K. Kelch, Assistant Township Manager Mark B. Bmening, P.E., Township Engineer Fisher Mowery Rosendale and Associates, Inc., Steven J. Fishman, Applicant's Attorney William S. Cook Township Manager SILVER SPRING TOWNSHIP Wayne M. Pecht, Chairman Jackie Eakin, Vice-Chairman Jan N. LeBlanc William C. Dunn Maria L. Lewis September 14, 2001 Letterman, Inc. Attention: Mr. Jeffrey S. Austin, President 153 South Hanover Street Carlisle', PA 17013 RE: Land Development Plan LD 99-16P Dear Mr. Austin: The Silver Spring Township Board of Supervisors at its meeting held September 12, 2001 reaffu-med the granting of the following waivers requests originally approved at its meeting held September 22, 1999 for the above referenced land development plan: 1. Provide profiles of access drives (602.18.1). A waiver was granted to allow a minimum access drive width of 22 feet for the last 150' of access drive. Show the location of existing healthy tree with a caliper of 6" or more (402.03.6). A waiver was granted to allow the depiction of a clear sight triangle at the intersection of the proposed access drive and Rich Valley Road (602.12.6) in accordance with the 1999 Subdivision and Land Development Ordinance. 5. Provide perimeter-landscaping (603.13). Provide interior landscaping (603.14) for the area where eleven (11) parking spaces are located. Concrete monuments shall be provided along property line of parent tract (608 ..01 ). 6475 Carlisle Pike · Mechanicsburg, PA 17050-2391 · (717) 766-0178 · (717) 766-1696 FAX Letterman, Inc. September 14, 2001 Page 2 8. Street trees shall be provided along all road frontages (611.03). The calculated post-development runoff from the property shall not exceed the peak discharge of pre-development (402.01.2) (S.W.M.O.) subject to approval of the Township Engineer. 10. Iron pins conditioned on the Township Engineer's approval of the appropriate iron pin locations (608.02). II. Primary outlet structure for ponds should be designed for a minimum of a 25-year storm except for ponds 1 and 4 which should be designed for a minimum of a 1 O-year storm. The above approval is subject to all waivers being submitted in writing. The Board also reaffirmed it denial of the following waiver request that was denied at the Board's meeting held September 22, 1999 due to the lack ora majority vote for the above noted preliminary land development plan: Access drive shall be paved with a minimum of 2 ½ inches of bituminous material for area 2 (602.18.6) In addition, the Board of Supervisors at its meeting held September 12, 2001 reapproved for recording purposes the above noted preliminary land development plan subject to the following conditions: Owner Jeffrey Austin expressed, at the Planning Commission meeting held September 10, 1999, his willingness to discuss the placement ora dry hydrant at the largest pond which would be accessible by fire apparatus. Conditional Use approval was granted on March 10, 1999 for use of a Golf Course. Preliminary Subdivision Plan creating this parcel is currently under review by the Township under the name Sunday/Letterman, Inc. Permit(s) for construction ponds must be obtained from D.E.P. (301.9). Letterman, Inc. September 14, 2001 Page 3 o 10. 11. 12. 13. 14. 15. 16. 17. Provide the location and description of ail proposed lot line markers (402.04.13). Waiver statement must be revised to acknowledge the outcome of requested waivers prior to recording the plan (402.04.14). Sewerage Planning must be approved by D.E.P. (402.05.2). Plan must be signed by landowner(s) and properly notarized (402.06.3). Provide required sight distances for posted speed at proposed access drive (602.18.3.h). Show how landscaping requirements are met (603.13)(603.14). Stormwater Management permit must be issued by Township when all conditions are met. Erosion and Sedimentation Control Plan and NPDES Permit must be approved by the Cumberland County Conservation District. Provide all applicable details (e.g. inlets, pipe trench, basin, anti- seep collars, protective bar screens). Show requirements of pond liner system identified in "Project Features" section of application 19990306 Correspondence fi:om Susquehanna River Basin Commission dated March 25, 1999. Runoff was caicuiated for 7 different drainage areas, however, drainage area map provides only show 3. Also label drainage areas on plan. Provide 100-year storm routing to verify adequacy of emergency spillways. Concerned with secondary discharge path fi:om Pond 2 flooding the cartpath access/egress under Rich Valley Road. During storm events this condition may encourage crossing at other locations along Rich Valley Road, also concerned with high frequency storms discharging through a travel way. Applicant agreed to instail an additional drainage structure under Rich Valley Road subject to the design approval by the Township Engineer. Letterman, Inc. September 14, 2001 Page 4 18. Provide a complete Stormwater Management Report. 19. Specify pipe material on profiles. 20. Plan and report are not consistent with regards to Pond No. I outlet pipes. 21. Dimension emergency spillway width for Pond No. 2. 22. Traffic Study (August 20, 1999) A. According to the TIS, the intersection of Rich Valley Road and Carlisle Pike meets traffic signal warrants. Per condition 5 of final decision of the Board of Conditional Use, the Developer will be responsible for installation of signals at this intersection. H.O.P. and Signal Plans must be submitted for Township and PeanDOT approval. B. Due to the nominal change in Level of Service (L.O.S.) realized at the following locations, no single improvement can be provided to restore L.O.S. for each intersection noted, therefore, no improvements proposed by Developer: 1. Rich Valley Road and Skyline Drive 2. Rich Valley Road and Pennsway Road 3. Rich Valley Road and Willow Mill Park Road 4. Rich Valley Road and Ridge Hill Road 5. Rich Valley Road and Wertzville Road 23. A Highway Occupancy Permit must be obtained for all work .proposed within PennDOT right-of-way (e.g. cart crossings, access ~mprovements). 24. All conditions of Conditional Use must be met. 25. Subdivision Plan must be approved and recorded prior to recording this plan. Lettennan, Inc. September 14, 2001 Page 5 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. General permit required for intake from Conodoguinet Creek. H.O.P. plans must be included in plan set. Concerned with glare from driving range onto 1-81 and lands to the south. Note on plan that all lighting shall be shielded to prevent glare on adjacent roads and properties. Provide details of proposed water intake in Conodogninet Creek. Provide water consumption records required in "Findings" Section by SRBC, March 25, 1999 correspondence and/or receive copies of correspondence and consumptive use reporting. Provide proof from D.E.P. that Developer is able to modify existing pond without need of permitting. Add painted stop bars to parking area. Provide "one-way" sign in addition to "do not enter" sign. Provide most current revision date on all sheets of set. That all water to be used for irrigating the golf course must be drawn directly from the Conodoguinet Creek in accordance with the rules and regulations of any agency having jurisdiction over said Creek and its water, and that no water shall be used from wells on the Subject Property for irrigation. That the lights for illuminating the proposed driving range must comply in all respects with the Township Subdivision and Land Development Ordinance and Zoning Ordinance. That the lights for illuminating the proposed driving range must be extinguished at 9:30 o'clock P.M., prevailing time. That the Applicant shall provide a comprehensive traffic analysis of the intersections of (a) Rich Valley Road and Wertzville Road, (b) Rich Valley Road and Carlisle Pike, and (c) Rich Valley Road and all Feeder Streets located between (a) and (b), in order to identify and fund road improvements needed to address the increase of traffic volume caused by the golf course use. Letterman, Inc. September 14, 2001 Page 6 39. 40. 41. 42. 43. 44. 45. That if warranted by PennDOT, Applicant shall provide the funds necessary to improve the roadway and install electric traffic signals at the intersection of Rich Valley Road and Carlisle Pike. Applicant's funding requirements shall be reduced by the mount, if any, of prior developer-contributious made specifically for such purpose at said intersection.. That except for an outside entrance canopy, the proposed adaptation of the barn structure nearest Rich Valley Road denoted for clubhouse purposes must be limited and confined to the existing interior dimensions (width, length, height, area and volume) of said structure and within the "footprint" thereof. That restaurant and dining facilities of the clubhouse shall not be used for banquet purposes except in conjunction with principal golf-related activities on the day of said activities. That the portion of the golf course on the southeast side of Rich Valley Road shall be substantially completed before commencing the construction of any structures in the Residential Subdivision. That the proposed office use of the existing dwelling house on the Subject Property shall be limited to the immediate business of operating the golf course and shall not be used by or for any other enterprise. That any use of the floodplain area of the Subject Property shall be in strict compliance with all regulations of this Township, the Commonwealth of Pennsylvania and of the United States or any of their agencies having jurisdiction, applicable to such floodplain use and preservation. That the Applicant's commitment to the reverter condition made in the rezoning proceedings is hereby extended and made a continuing condition of this decision. Letterman, Inc. September 14, 2001 Page 7 If you have any questions, please do not hesitate to contact Mr. Kelly K. Kelch, Assistant Township Manager. WSC/ksd Sincerely, William S. Cook Township Manager Mr. Kelly K. Kelch, Assistant Township Manager Mr. James E. Hall, Zoning Officer Mr. Mark B. Bruening, P.E., Township Engineer Fisher Mowery Rosendale and Associates, Inc., Applicant's Engineer Mr. Steven Fishman, Esquire EXHIBIT "F" SILVER SPRING-TOWNSHIP Wayne M. Jackie F, ak~ Vtte-Chajrrnnn San N. Le~unc William C. MaFia L bwis ENFORCRM~NT NOTICF._OF VIOLATIO~ Certlilt~d Mall #7001,-0360-000~74~S..4513 DATE: TO: September 14, 2001 Lettemm~ hm0r~rated Arm: Mr, Jeffrey Austin Carlisle~ PA 17013 190 Rich Valley Road Mecha~icsbursk PA 17050 Tax P~el N~ #38-06-0013-072B YOU ARE HEREBY NOTIFIED that you are in violation of SHyer Sin. lng Towmhi~ S~rm Wat~ Management Ordinance of 199~. Section 301 in the t'oltowi~grezpect: OFadin& filling and other excavation without a permic Page2 . ~ pe~on who shall violate aay of aha ' ' Of dOllnm~or ene, l~,~ ~vdm~l~w~ ~ ~Of~t o~:~ ~, In addition, the Township may institute inj~nctiv~ o~ any o~he~ ~,~p~iateaolio~o~ precodin~ of law or in ~ fo~ the ~ot~tlxls Ordinance. :A~ cOul~t o~°mUl~tOnt within ~enty (20) days of vlu~t ncttqn~ Bom~ of Supervisors Mr. William S. Cook, Township Manal~ Mr. I~lly K. ICclch, Assistant Township Man.er ]V~r, SteVeli A. Stine. ~luirc, Township Solicitor ARTICLE IH ~OCEDURES ~ SECTION 30! ~ 302 Land Disturbalx:e A~tivity, as defined in this O~-ti,~snee~ shall not ~ i~tia~d unt~ a $w~ Water Ma~g~ent P~t has ~n iss~. preF~ pfnn, (Whefl pr~fm;nn~ p~ ~ r~.. ~ Off ~e Sto~ W~er ~age~'Pe~ w~ ~ ~de ~ conj~fi~ w~ ~e ~1~ plan u~er ~ ~ision nnd L~ Deveio~ Ord~e. AJ{.nppJ~:atiom fora Stol~n. Water Managemem Permit, M~ ~ ~.~ sub~ m ~e Tow~es~t~ r~e~e who ~ ~ a~ofiz~ to ~e ~plic~i~ at Sider Spring To~ BuiMing,. on ~ b~ass ~y. The Township shall forward the application to the Township Engineer for Fe~iew. The Township~de~i~neted repr~entative shall, wi~ sixt~n (16) ~m ~e mu~ci~ r~i~t of an a~li~on, hsue a p~t (s~ Ap~ Ho. 4) or d~pprove ~ appli~tion ~ ~t ~ ~ion ~ wfi~ to the applicant ~ the To~ip Bo~ of Su~o~. ~a~re of ~ Tow~hip En~r to ~ a d~hiou ~d ~cate SECTION 303 A notic~ of disapproval shall cite ~he reasons for disapproval. 303.01 · ' " · An application for a Storm Wamr Man~nt Permit for a Minor Land Dhturba~ce, as defined in ~his Ordinance, shall include one (1) completed copy of thc Application for a Minor Land Dislurbance (se~ Appendix No. !) and filing fee in the LETTERMEN, INC. Plaintiff SILVER SPRING TOWNSHIP, BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP, and JAMES E. HALL, Defendants : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. (~)1- : CIVIL ACTION - LAW MOTION FOR PEREMPTORY RELIEF PURSUANT TO Pa.R.C.P. 1098 AND NOW, comes the Plaintiff Lettermen, Inc., by and through its counSe!i Salz~a-~nn, DePaulis, Fishman & Morgenthal, P.C., and files this Motion for Peremptory Relief'Purs0?k~t to Pa.R.C.P. 1098 as follows: 1. Plaintiff Lettermen, Inc. (hereinafter "Plaintiff") has filed a Complaint in Mandamus against Defendants Silver Spring Township, Silver Spring Township Board of Supervisors, and James E. Hall. A copy of said Complaint is attached hereto and incorporated herein as Exhibit "A". 2. Plaintiff's request for peremptory relief should be granted as Plaintiff's right to relief in the form of issuance by the Defendants ora Storm Water Management Permit as set forth in the aforementioned mandamus action is clear. 4. Defendants have a legal duty to issue the Storm Water Management Permit to Plaintiff. 5. Plaintiff has relied upon the representations made by Defendants acting through their authorized agents and representatives to Plaintiff's substantial detriment and harm. 6. Plaintiff has expended considerable sums and significant resources to mobilize equipment and materials to the site in anticipation of the issuance of said permit in justifiable reliance upon Defendant's representations regarding the issuance of the requested Storm Water Management Permit. LETTERMEN, 1NC., Plaintiff SILVER SPRING TOWNSHIP, BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP, and JAMES E. HALL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 LETTERMEN, 1NC., Plaintiff SILVER SPRING TOWNSHIP, BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP, and JAMES E. HALL, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : CiVIL ACTION - LAW AVISO USTED HA SIDO DEMANDADO EN LAW CORTE. Si usted desea defendrse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia esrita en persona o por obogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y law Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO O PROPIEDADES U OTROS DERECHOS [MPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA AGAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 LETTERMEN, INC. Plaintiff SILVER SPRING TOWNSHIP, BOARD OF SUPERVISORS OF SILVER; SPRING TOWNSHIP, and JAMES E. HALL, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - MANDAMUS COMPLAINT IN MANDAMUS AND NOW, comes the PlaintiffLettermen, Inc., by and through its counsel, G. Bryan Salzmann, Esquire and Anthony J. Nestico, Esquire of the law firm of Salzmarm, DePaulis, Fishman & Morgenthal, P.C. and files this Complaint in Mandamus as follows: 1. The Plaintiff Lettermen, Inc. (hereinafter "Lettermen") is a Pennsylvania corporation engaged in and conducting business in the Commonwealth of Pennsylvania with an address of 716 North West Street, Carlisle, Pennsylvania 17013. 2. Defendant Silver Spring Township (hereinafter "Township") is a municipal corporation organized pursuant to the laws of the Commonwealth of Pennsylvania as a Township of the Second Class in Cumberland County, Commonwealth of Pennsylvania (hereinafter "Township") with an address of 6475 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050-2391. 3. Defendant Board of Supervisors of Silver Spring Township include the current duly- elected supervisors comprised of the following members: Wayne M. Pecht, Jackie Eakin, Jan N. LeBlanc, William C. Dunn, and Maria L. Lewis (hereinafter "Township Supervisors") who collectively have a business address of 6475 Carlisle Pike, Mechanicsburg, Cumberland County Pennsylvania 17050-2391. 4. Defendant James E. Hall is an adult individual who is employed by Silver Spring Township serving in the position of Zoning Officer with a business address of 6475 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050-2391. Defendants Silver Spring Township, the Board of Supervisors of Silver Spring Township, and James E. Hall shall hereinafter be collectively referred to as "Defendants". 5. Defendant James Hall's job duties include, among others, the issuance of permits on behalf of Defendant Board of Supervisors of Silver Spring Township, including the issuance of storm water permits pursuant to the Township's Storm Water Ordinance. 6. Plaintiff Lettermen, Inc. owns property in Silver Spring Township and has submitted certain subdivision and land development plans to Defendants to permit development of the aforesaid property to develop a golf course with related facilities in Silver Spring Township, Cumberland County, Pennsylvania. 7. Silver Spring Township has adopted an ordinance entitled the Silver Spring Township Storm Water Management Ordinance of 1999 (hereinafter referred to as "Storm Water Ordinance"). A Copy of said Ordinance is attached hereto and incorporated herein as Exhibit "A". 8. Section 302 of the Storm Water Ordinance mandates that Defendants take action on a Storm Water Management Permit application in conjunction with a Preliminary Plan under the Subdivision and Land Development Ordinance. 9. On or about July 10, 2001, Plaintiff Lettermen filed a formal application with Defendants for a storm water permit. (See Application for Storm Water Management Permit attached herein and incorporated hereto as Exhibit "B"). 10. On July 13, 2001, Defendants, by and through their agents, notified Plaintiffby a letter that the application was "incomplete" citing only the lack of a National Pollutant Discharge Elimination System ("NPDES") permit issued by the Cumberland County Conservation District. (A copy of said letter is attached hereto and incorporated herein as Exhibit "C"). 11. On August 29, 2001, Ryan Rhodes of Pennoni Associates, Defendant Township's Engineer, advised Plaintiff's representatives that the County Conservation District approval of an NPDES permit was the matter preventing issuance of a Storm Water Management Permit and directed Plaintiff's representatives to provide a copy of the NPDES approval via facsimile to Defendants and also advised Plaintiff's representatives that upon receipt of said NPDES approval Defendant Hall would issue the Storm Water Management Permit to Plaintiff. 12. On numerous occasions prior to September 14, 2001, other representatives of Defendant Township continually assured Plaintiff that Defendants would issue the Storm Water Management Permit to Plaintiff as soon as the NPDES permit was received from the Cumberland County Conservation District. 13. Based upon the representations made by Defendant Township and Defendant Township's authorized representatives concerning issuance of the Storm Water Management Permit, Plaintiff expended considerable sums and incurred significant expenses to mobilize equipment and materials to the site to begin earthmoving operations in a timely fashion. 14. On September 4, 2001, the Cumberland County Conservation District issued the NPDES permit to Plaintiff Lettermen and upon receipt of said approval, said approval was immediately transmitted to Defendants. (A copy of the NPDES approval is attached hereto and incorporated herein as Exhibit "D"). 15. On September 14, 2001, Defendants "reapproved" Plaintiff's Preliminary Land Development Plan and "reapproved" Plaintiff's Final Subdivision Plan. (Said reapprovals are attached hereto and incorporated herein as Exhibit "E"). 16. Defendants have failed to issue a Storm Water Management Permit to Plaintiff despite requests therefore and continue to refuse to issue said permit. 17. On September 11, 2001, the Township's engineer, advised Plaintiff that a Storm Water Management Permit would not be issued because Plaintiffhad not received a Dam Safety Permit from the Pennsylvania Department of Environmental Protection (hereinafter "DEP") for a certain irrigation pond as shown on the aforementioned Land Development Plan. 18. By letter dated September 14, 2001, Defendant James E. Hall issued a cease and desist order to Plaintiff Lettermen requiring all grading, filling, and other excavation at the site to cease until a Storm Water Management Permit had been issued by Defendant Township. (A copy of said Notice of Violation is attached hereto and incorporated herein as Exhibit "F"). 19. PlaintiffLettermen has submitted all information legally required by the Township's Storm Water Management Ordinance. 20. There has been and is a legal duty on the part of Defendant James E. Hall, Township zoning officer, to take such action as to issue the Storm Water Management Permit to Plaintiff Lettermen. 21. There has been and is a duty on the part on the part of the Defendants Township and Township Board of Supervisors to direct Defendant James E. Hall to issue a Storm Water Management Permit to Plaintiff. 22. Defendants have failed to carry out the duties of their offices and administration of their offices with prejudice and hahn to Plaintiff in failing to issue the requested Storm Water Management Permit. 25. A dam safety permit (which is a Pennsylvania Department of Environmental Protection permit) is not legally required for Plaintiff's construction activities. 26. The construction of the irrigation pond for the golf course which includes a dam is not part of and does not function as a part of the overall storm water management system during construction activities involving Plaintiff's development process. 27. Defendants have no valid reason or basis for their unwillingness and failure to issue a Storm Water Management Permit to Plaintiff. 28. PlaintiffLettermen's entitlement to the issuance of the Storm Water Management Permit is clear. 29. Plaintiff Lettermen has no other adequate remedy at law. WHEREFORE, Plaintiff Lettermen prays that this Honorable Court grant judgment in mandamus, directing the Defendants forthwith to issue to Plaintiff Lettermen a Township Storm Water Permit, together with the Plaintiff's costs of this action and reasonable attorney fees. Respectfully submitted, Salzmann, DePaulis, By: ~'G. Bryan ~sqXuJ. re Attorney ID No. 61935 ' Anthony J. Nestico, Esquire Attorney ID No. 58868 Counsel for Plaintiff 455 Phoenix Drive, Suite A Chambersburg, PA 17201 (717) 263-2121 VERIFICATION I verify that all the statements made in the foregoing Complaint in Mandamus are true and correct to the best of my knowledge, information and belief, and that any false statements made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. LETTERMEN, INC. EXHIBIT "A" SILVER SPRING TOWNSHIP STORM WATER MANAGEMENT ORDINANCE OF 1999 CUMBERLAND COUNTY, PENNS'YLVg. dN~IA SILVER SPRING TOWNSHIP MUNICIPAL DIRECTORY Board of Su~e~'isor$ Wayne M. Pecht, Chairman Maria Lewis, Vice-Chairman William C. Duma Jan N. LeBlanc Jackie Eakin Plannin~ Commission Steven B. Deck, Chairman Karen W. Karkuff, Vice-Chairman Dennis J. Red Ken Secrest R. C. Sherwood Ray Brown Art D'Agostino Townshin Manaeer William S. Cook, Manager Kelly Kelch, Assistant Manager James E. Hall Engineer Mark B. Bruening. P,E. Pennoni Associates, Inc. 704 Lisbum Road Camp Hill, PA 17011-7400 Sewaee Enforcement Officer Gary Morrow 129 State Road Mechanicsburg, PA 17055 Solicitor Richard C. Snelbaker, Esquire Snelbaker, Brenneman & Spare, P.C. 44 West Main Street Mechanicsburg, PA 17055-0318 SIL5rER SPRING TOB~SHIP MUNICIPAL OFFICE 6475 Carlisle Pike Mechanicsburg, PA 17055 Telephone: (717) 766-0178 FAX: (717) 766-1696 Hours: 8 A.M.-4 P.M., Monday-Friday TOWNSHIP OF SILVER SPRING CUMBERLAND COUNTY, PENNSYLVA~NI4, ORDINANCE NO. 99-8 AN ORDINANCE BY THE BOARD OF TOWNSHIP SUPERVISORS IN AND FOR THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA, CONCERNING THE MANAGEMENT OF STORtM WATER RUNOFF WITHIN SAID TOWNSHIP; STATING PUBLIC PURPOSES AND II~TENTIONS; DEFINING TEI~MS; CREATING RULES, REGULATIONS AND CRITERIA FOR SUCH MANAGEMENT, INCLUDING THE DEVELOPMENT OF PLANS AND STUDIES; REQUIRING PERMITS AND INSPECTIONS; PRESCRIBhNG DESIGN STANDARDS; ESTABLISHING ADMINISTRATIVE PROCEDURES; PROVIDING ENFORCEMENT REMEDIES AND PENALTIES. BE IT ENACTED AND ORDAINED, and it is hereby enacted and ordained by the Board of Township Supervisors in and for the Township of Silver Spring, Cumberland County. Pennsylvania, as follows: ARTICLE SECTION 101 SECTION I02 SECTION I03 SECTION 104 TABLE OF CONTENTS GEN'ERAL PROVISIONS .................................... 1 TITLE ..... ..A ..................................... 1 STATEMENT OF FINDINGS ............................ PURPOSE .......................................... 1 ADOPTION-AUTHORiTY-APPLICABILITY .................. O} ARTICLE II SECTION 201 SECTION 202 SECTION 203 ARTICLE III SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION 303 303.01 303.02 304 36-~.01 304.02 304.03 304.04 306 306.01 DEFL~ETIONS ............................................ GENERAL ......................................... GENERAL TERMS ................................... SPECIFIC TERMS ........... ., ........................ 3 PEI~¥~IT PROCEDURES AND REQUIREMENTS .......... ' ........ ? 301 GENERAL ......................................... 7 302 APPLICATION PROCEDURE ............................ 7 APPLICATION REQUIREMENTS ......................... 7 Minor Land Disturbance ............................ 7 Major Land Disturbance ........................... 8 STORM WATER MANAGEMENT PLAN CONTENTS ......... 8 General ...................................... 8 Existing Features ................................ 9 Proposed Features ............................... 10 Written Report and Calculations ...................... 11 305 MODIFICATION OF PLANS ............... : ............ 13 WAIVER AND APPEAL PROCEDURE .................... 13 Application Procedures (Waiver-Appeal) ................. 13 307 EXPIRATION OF A STORM WATER bIANAGEMENT PERMIT .............................. 14 308 SCHEDULE OF INSPECTIONS .......................... 14 309 PERFORMANCE GUARANTEE .......................... 15 310 LIABILITY ......................................... 15 311 MAINTENANCE GUARANTEE .......................... 15 Silver Spring Township Storm Waler Management Ordinance Table of Comen~s - i SECTION 312 SECTION 313 15 AS-BUlt.? : ^NS ................................... PAYMEN~ N LIEU OF STORM WATER 16 MANAGE: '::4 FACILITIES ......... ARTICLE IV SECTION 401 SECTION 402 402.01 402.02 402.03 402.04 402.05 402.06 402.07 402.08 402.09 402. l0 402.11 402.12 4~2.13 402.14 402.15 '402.16 402.17 402.18 402.19 402.20 .......... 18 DESIGN STAND, , ~ ............................ GENERAL SIGN STANDARDS ........................ 18 18 r~RIGN 5: !DARDS ................................ 18 ~_v Pv- ,:elopmant vs. Post-Development . - 19 DE: :~: Storm For Collection Facilities .............. 19 M: ',,' of Calculations ............................ 19 Ct: ~, Methodology and Assumptions ............. t Land ..... Ce,~'.: :ation with Adjacen s ................ 20 Sro ~ 'J!ater Basins ......................... 21 Gr:,t? ~water Recharge System ...... ' ' ' ' ' . ..... 21 E:~,+ :ill Dams ........................... 22 Ca::: :s ............ 22 St~ :' Vater Flow Along StreetS and Access Dri ...... i . . 23 M:: ~v:' Locations ............................ 23 Ali-tnt Requirement ...................... i ..... 23 M!!:i!: n Pipe Size ..................... 23 M:,::~:'; ! Specifications .......................... 23 Su. :low Characteristics .............. . . .. 24 Ph:,sim! Plans .............................. 24 Erosion and Sedimentation ....................... 25 Floodplain ............................ 25 Easements ................................... Ownership and Maintenance of Storm Water .... 25 Manao_.emant Facilities ........... . ............ ARTICLE V SECTION 501 501.01 501.02 501.03 501.04 SECTION 502 SECTION 503 SECTION 504 SECTION 505 SECTION 506 Suspension of a Storm Water Management Permit .......... 27 28 Re'Joke a Storm Water Management Permit ............... Not ficar:,on of Suspension or Revocation of a. 28 Storm Water Management Permit ............. ........... 28 Civ!! Remedies ...................... 29 PENALTIES ........................................ APPEAL TO THE SILVER SPRING TOWNSHIP ............. 29 BOARD OF suPERVISORS ................ INSPECTION OF PROPERTY .......... .... :29 SEVERABILITY .................................. COMPATIBILITY WITH OTHER PERMITS ........ 30 AND ORDINANCES .......................... ~ECTIO~q 507 SECTION 508 SECTION 509 SECTION 510 MUNICIPAL LIABILITY ...................... : ..... .... 30 SAVINGS PROVISIONS FOR MATTERS IN PROCESS ........... 30 RELATIONSHIP TO OTHER ORDINANCES .................. 30 ADOPTION AND EFFECTIVE DATE ..................... 30 APPENDICES APPENDIX NO. 1 APPLICATION FOR A STORM WATER MANAGEMENT PERMIT- MINOR LAND DISTURBANCE .................. 32 APPENDIX NO. 2 APPENDIX NO., 3 APPLICATION FOR A STORM WATER MANAGEMENT PERMIT- MAJOR LAND DISTURBANCE .................. 34 STORM WATER MANAGEMENT PLAN CERTIFICATE ........ 35 APPENDIX NO. 4 STORM WATER MANAGEMENT PERMIT ................. 36 APPENDIX NO. 5 STANDARD COMPUTATION TABLE ..................... 37 Silver Spring Town~hip Storm Water Management Ordinance Table of Conten~s - iii ARTICLE I GENERAL PROVISIONS SECTION 101 SECTION 102 SECTION 103 SECTION 104 TITLE This Ordinance shall be known and may be cited as the "Silver Spring Township Storm Water Management Ordinance of 1999." STATEMENT OF FINDINGS The Board of Supervisors of Silver Spring Township finds that inadequate management of storm water runoff increases downstream flooding, eroding and/or silts stream channels, pollutes water, overloads existing drainage facilities, and reduces the groundwater table. A comprehensive and reasonable program of storm water management regulations is fundamental to the public health, safety, and welfare and to the protection of the citizenry and environment. The purpose of this Ordinance is to promote the public health, safety and x elfare by mmnn~zmg the problems described in Section 102 of this Ordinance by provisions designed to: a) Manage storm water runoff, soil erosion and sedimentation, both during and upon completion of a land disturbance activity, by regulating activities which cause such problem& b) Utilize and preserve existing natural drainage. c) Encourage recharge of groundwaters. d) Maintain and/or improve the existing flows and quality of streams and watercourses in the municipality and the Commonwealth. e) Preserve and/or restore the flood carrying capacity of streams. Provide for proper maintenance of all storm water management structures. ADOPTION-AUTHORITY-APPLICABILITy The Board of Supervisors of Silver Spring Township pursuant to the Pennsylvania Storm Water Management Act, Act of October 4, 1978, S vet Spring Tow~hiP Storm Water Management Ordinance Article I - I P.L. 864, No. 167, as amended, the Pennsylvania lvluniclpalitie§ Planning Code, Act of J'uly 31, 1968, P.L. 805, No. 247, re-enacted and amended by Act 170 of 1988, as amended, and the Second Class Township Code, Act of May 1, 1933, P.L. 103, No. 69, re-enacted and attended July 10, 1947 P.L. 1481, No. 567, as amended, hereby enacts and ordains this Ordinance as the Silver Spring Township Storm Water .Ordinance. This Ordinance shall apply to all land disturbance activities as de£med in this Ordinance. The standards shall apply to conditions both during and upon completion of a land disturbance activity. 2 ~ t~.rticle I Silver Spring TownShip Storm Water Man;~gement Ordinance ARTICLE II SECTION 201 SECTION 202 SECTION 203 Words and phrases shall be presumed to be used in their ordinary context unless such word or phrase !s defined or interpreted differently within this sectmn. In this Ordinance when not inconsistent with the context: a) Words in the present tense imply also the furore tense. b) The singular includes the plural. c) The male gender includes the female gender. d) The term "person" includes an individ~al, Parmership, corporation, unincorporated association, estate, or any other legally recognized entity. e) The term 'shall" or 'must' is always mandatory. The term "may" is permissive. The following words and phrases shall have the particular meaning assigned by this section of this Ordinance. Additional}y. the words and phrases which are used in this Ordinance and not defined below shall have the meaning assigned by the Silver Spring TownShip Subdivision and Land Development Ordinance. Agriculture - The tilling of the soil, the raising of crops, forestry, horticulture and gardening, including the keeping Or raising of livestock, such as cattle, cows, hogs, horses, sheep, goats, poultry, rabbits, birds, fish, bees and other similar animals. Board of Supervis0.r~ - The Board of Supervisors of the Township of Silver Spring, Cmberland COuntY, Pennsylvania. Silver Spring T0wn~hip Storm Water Manao~ent Ordinance Article II - 3 Chapel - A natural or artificial watercourse with a definite bed'and banks which confine and conduct continuously or periodically flowing water. Culvert - A structure with appurtenant works which carries a watercourse under or through an embankment of fill. Dedication - The deliberate appropriation of property by its owner for general public use. Desien Stornl - The magnitude of precipitation from a storm event measured in probability of occurrence (e.g., 25-year storm) and duration (e.g., 24-hour storm) and used in computing storm water management control systems. ~ - A reservoir which temporarily contains storm water runoff and releases it graduall~y into a watercourse or storm water drainage system. Developer - Anyone who undertakes Land Disturbance Activities as deemed in this Ordinance. ~ - A right granted by a landoxvner to a grantee, allowing fiie use of private land for storm water management purposes. Erosion - The processes by which soil particles are detached and transported by action of natural forces: ',EI~ - Any area speeifled as;Floodplain in the Zoning Ordinance of Silver Spring Township, as amended, and the Flood-prone Area/Floodplain Building Construction Permit Ordinance of Silver Spring Township, as amended. ~Z~:35~l,L~ - Any material that covers the land which inhibits the percolation of storm water directly into the soil, including but not limited to buildings, paxtement, stone areas, and storm water facilities that discharge storm water off the site,: Land Disturbance Ac~ivi _ty - The use of land for activities in the following categories: a) Major Land Disturbance. The use of land involving: (1) Installation of new impervious or semi-impervious surface that is either in excess of five thousand (5,000) square feet or two-thirds (2/3) of the total lot area, or _) 4 - Article II Silver Spring Township Stoma Water .Management Ordinance (2) Diversion or piping of any natural or man-made watercourse, or (3) Removal of ground cover, grading, f'filing, or other excavation in excess of five (5) acres, except for the agricultural use of land when operated in accordance with a farm conservation plan approved by the Cumberland County Conservation District. b) Minor Land Disturbance. The use of land involving: (1) The installation of new impervious or semi-impervious surface between two thousand (2,000) and five thousand (5,000) square feet, or (2) Removal of ground cover, grading, filling or excavation between five thousand (5,000) square feet and five (5) acres, except for the agricultural use of land when operated in accordance with a farm conservation plan approved by the Cumberland County Conservation District. For the purpose of defining minor and major land disturbances, area calculations are cumulative. ~ - The maximum rate of flow of water at a given point and time resulting from a specified storm event. ~ - A reservoir designed to retain storm water runoff with its prhnary release of water being through the infiltration of said;water into the ground. 7~[i~gllggi~Lt~ - A reservoir designed to retain sediment. Semi-impervious Surface - A surface such as stone, rock, or other material which prevents some percolation of water into the ground. Storm Sewer - A system of pipes, conduits, swales or other similar structures, including appurtenant works, which carries intercepted runoff, and other drainage, but excludes domestic sewage and industrial waste. Storm Water Management - A program of controls and measures designed to regulate the quantity and quality of storm water runoff from a development while promoting the protection and conservation of groundwaters and groundwater recharge. Storm Water Management Facilities z Those controls and measures (e.g., storm sewers, berms, terraces, bridges, dams, basins, infiltration Silver Spring Township Storm Water Management Ordinance Arlicle 11 - § systems, swales, watercourses, and floodplains) used to effect a storm water management program. ~ - Drainage runoff from the surface of the land resulting from precipitation or snow and ice melt. Townshi!~ - Silver SPring Township, Cumberland County, Pennsylvania. ~ - A permanent or intermittent stream, river, brook, creek, run, channel, swale, pond, lake, or other body of water, whether natural or man-made, for gathering or carrying surface water. 6 - Article Il Silver Spring Township Storm Water Management Ordinance ARTICLE IH PERMIT PROCEDURES AND REQUIREMENTS SECTION 301 SECTION 302 SECTION 303 303.01 GENERAL A Land Disturbance Activity, as defined in this Ordinance, shall not be initiated until a Storm Water Management Permit has been issued. APPLICATION PROCEDURE Ail applications for a Storm Water Management Permit, the activity for which also constitutes a subdivision or land development, shall be submitted concurrently with all Silver Spring Township Subdivision and ~ Land Development Ordinance applications. Applications for Storm Water Management Permits will be submitted in conjunction with preliminary plans (when preliminary plans are required). Action on the Storm Water Manargement Permit will be made in conjunction with the preliminary plan under the Subdivision and Land Development Ordinance. All applications for a Storm Water Management Permit, the activity for which does not constitute a subdivision or land development, shall conform, with the below procedures.,',An Application for a Storm Water Management Permit shall be submitted to the TOwnship-designated representative who has been authorized to receive applications at the Silver Spring Township Building, on any business day. The Township shall forward the application to the Toxvnship Engineer for review. The To~v~hit~-desjgnated re~ive shall, within sixteen (16) days from the mumcipal receipt of an a~plicatlon, issue a permit (see Appendix No. 4) or disapprove the application and transmit the decision in writing to the applicant and the Township Board of Supervisors. Failure of the Townshiv Eagineer to render a decision and commumcate it as prescribed above shall not be deemed an approval. A notice of disapproval shall cite the reasons for disapproval. APPLICATION REOUIREMENTS Minor Land Disturbar~¢e. An application for a Storm Water Management Permit for a Minor Land Disturbance. as defined in this Ordinance, shall include one (1) completed copy of the Application for a Minor Land Disturbance (see Appendix No. i) and f'fling fee in the Silver Spring Township Storm Water Management Ordinance Article 111 - 7 303.02 SECTION 304 304.01 304.01.1 304.01.2 304.01.o 304.01.4 mounts specified in the fee schedule as established by re~olution or ordinance of the Board of Supervisors. Major Land Disturbance. An application for a Storm Water Management Permit for a Land Disturbance Activity, as defined in this Ordinance, shall include the following items: One (1) completed copy of the Application for a Storm Water Management Permit (see Appendix No. 2). b) Four (4) copies of the Storm Water Management Plan (see Section 304 for Plan contents). e) Filing fee in the amount specified in the fee schedule as established by resolution or ordinance of the Board of Supervisors. d) Performance bond, w.hen applicable (see Section 309 for specifications). e) Liability insurance, when applicable (see Section 310 for specifications): STORM WATER MANAGEMENT PLAN CONTENTS Storm water management plans shall be prepared by professionals registered inthe Commonwealth of Pennsylvania to perform such duties. Designs which entail engineering expertise shall be prepared by engineers with appropriate expertise. The plan shall show, be accompanied by, or be prepared in accordance with the following: General The plan shall be clearly and legibly drawn at a scale of ten (10) feet, twenty (20) feet, thirty (30) feet, forty (40) feet. or fifty (50) feet, to the inch. Profile plans shall maintain a ratio of i:10 vertical to horizontal. The sheet size shall be eighteen by twenty-t~vo inches (18" x 22"). If the plan is prepared intwo (2) or more sections, a key map showing the location of the sections shall be placed on each sheet. If more than one (1) sheet is necessary, each sheet shall be numbered to show the relationship to the total number of sheets in the plan (e.g., Sheet 1 orS). Plans shall be legible in every detail. Name and address of landowner, applicant, and individual who prepared the plan: 8 - Article III Silver Spring Township Stonu Water .',lanagament Ordinance 364.01.5 Plan date and date of latesi revision to plan, north point, grffphic scale and written scale. 304.01.6 304.01.7 304.01.8 304.02 304.02.1 304.02.2 304.02.3 304.02.4 3O4.02.5 A location map, drawn to scale, relating the property to at least two (2) intersections of existing road centerlines, including the approximate distance to the intersection of the centerlines of the nearest existing street intersection. Note on plan indicating any area that is proposed to be offered for dedication to the Township. Any area that is easemented and not to be offered for dedication shall be identified along with a statement that the Township is not responsible for the maintenance of any area not dedicated to and accepted for public use. Certificate, signed and sealed by an individual registered in the Commonwealth Of pennsylvania and qualified to perform such duties, indicating compliance with the provisions of this Ordinance (see Appendix No~ 3). Tract boundaries showing distances, bearings and curve data, as located by field survey or deed plotting, total acreage of tract, and total acreage of project if less than the entire tract. Existing contours, at a ininimum vertical interval of two (2) feet for land with average natural slope of four percent (4%) or less and at a minimum vertical interval of five (5) feet for more steeply sloping land. Contours shall be accompanied by the location of the" benchmark within or immediately adjacent to the subject tract and a notation indicating the datum used. The United States Geodetic Survey shall'be used for benchmark datum. Names of all owners of all immediately adjacent land, names of all proposed or existing developments immediately adjacent, and locations and dimensions of any streets or easements shown thereon. Names, locations and dimensions of all existing buildings, street rights-of-way, railroads, utilities, watercourses, drainage facilities, floodplains, wetland, on-lot sewage disposal facilities, easements, and other significant features located either within and adjacent to the property or two hundred (200) feet from the property. The size, slope capacity, and condition of the existing storm water management system and any other facility that may be used to convey storm flows. Silver Spring Township Storm Water Management Ordinance Article III - 9 304.02.6. 304.02.7 304.02.8 304.03 304.03.1 304.0312 304.03.3 304.03.4 304.03.5 304.03.6 304.03.7 304.03.8 304.03.9 Soils types as designated by the U.S. Department of Agrichlture, Soil Conservation Service, Soil Survey of Cumberland County. Designation of the location of on-site and off-site sub-watersheds. Designation of the location of the time of concentration for the on- site and off-site sub-watersheds. Proposed land use, total number of lots and dwelling units, and extent of commercial, industrial or other non-residential uses. Locations and dimensions of all proposed streets, sidewalks, lot lines, building locations, parking compounds, impervious and semi-impervious surfaces, sanit~ sewer facilities, water facilities, storm water manggement facilities, utilities, and other significant features. This information shall be provided to the detail necessary to construct the facilities. Proposed changes to land surface and vegetative cover including areas to be cut or filled. Proposed Topographical Data. This information shall be provided by contour lines indicating the existing and proposed grades of the site. Contour lines/hal! be provided at two (2) foot vertical intervals for slopes of four percent (4%) or less, and at vertical intervals of five'(5) feet fot~more steeply sloping land. Plans and profiles of proposed storm water management facilities including horizontal and vertical location. Additionally, a detail with all pertinent construction requirements shall be provided for outlet structures. This information shall be of the quality required for the construction of all facilities. The size, slope, capacity, material, elevation, and condition of the proposed storm water management system and other facility that may be used to convey storm flows. This information shall include invert elevations and top of grate elevations. Plans and profiles of all erosion and sedimentation control measures, temporary as well as permanent. Designation of the location of on-site sub-watersheds. Designation of the location of the time of concentration for the on- site sub-watersheds. 10 - Article III Silver Spring Towmhip Storm Wa er Managemcn Ordinance 304.04 304.04~ 1 304.04.2 304,04.3 304.04.4 Written Report and Calculations Calculations, assumptions, criteria, methodology, and references used in the design of storm water management facilities, the establishment of capacities, and the pre-development and post- development peak discharge. This information shall include data on all sub-watersheds. Applicants are encouraged to follow the .Standard Computation Table provided in Appendix No. 5. For all basins, a plotting or tabulation of the storage volumes and discharge curves with corresponding water surface elevations, inflow hydrographs, and outflow hydrographs. Soil structures and characteristics shall be provided for all proposed groundwater recharge systems, and detention or retention basins which (a) hold two (2) acre feet or more of water, or (b) have an embankment that is six (6) feet or more in height. Plans and data prepared by a registered professional experienced and educated in soil mechanics shall be submitted. This data shall provide design solutions for frost heave potential, spring-swell potential, soil bearing strength, water infiltration, soil settling characteristics, fill and back-filling procedures and soil treatment techniques as required to protect the improvements or structures. The following requirements apply to all proposed groundwater recharge methods of storm water management, such as seepage pits, beds, trenches, leaching wells, and cisterns: a) Representative percolation tests must be made throughout the proposed area. At least one percolation test must be included in each soil group and at least one percolation test must be conducted for each five lots proposed for development. Testing, in general, should follow the same guidelines as though testing for an on-lot septic system. h) Seepage pits, beds or trenches shall not be permitted for any development of more than five lots, without prior approval of the Township. Description of all erosion and sedimentation control measures, temporary as well as permanent, including the staging of land moving activities, sufficient in detail to clearly indicate their function. All erosion and sedimentation control measures shall conform to the requirements of the Pennsylvania Department of Environmental Protection, Soil Erosion and Sedbnentation Control Manual. Silver Spring Township Storm Water Management Ordinance Article Ill - 11 304.04.5 304.04.6 304.04.7 Description of an ownership and maintenance program, in a recordablo form, that clearly sets forth the ownership and maintenance responsibilities for all temporary and permanent storm water management facilities which shall include the following: a) Description of the method and extent of the maintenance requirements. b) Identification of an individual, corporation, association or other entity responsible for ownership and maintenance. c) When maintained by a private entity, a copy of the legally binding document which provides that the Township shall have the right to: (1) Inspect the facilities at any time. (2) Require the private entity to take corrective measures and assign the private entity reasonable time periods for any necessary action. (3) Authorize maintenance to be done by the Township or an agent or contractor of the Township and the liening of the cost of the work against the properties of the private entity responsible for the maintenance. d) Establishmen[ of suitable easements for access to storm water management facilities. e) When an assignment of responsibility is made to the Township, it must include an acknowledgement of their formal acceptance of the responsibility. This document shall be recorded in the Office of the Recorder of Deeds for Cumberland County upon issuance of a permit. In all cases, the document shall be recorded prior to the initiation of construction and be fully effective at the post-construction period. A Pennsylvania Department of Transportation Highway Occupancy Permit for any storm water management facility, proposed within the right-of-way of any State road. Acknowledgment that a NPDES, DEP permit or other soil erosion and sediment pollution control approval is not required by law, or if such approval is required by law, then a true and correct copy of such approval shall be provided to the Township. 12 - Article 111 Silver Spring Township Storm Water Management Ordinance C 304.04.8 Notification of approval from the applicable State an,d Federal agencies for any proposed encroachment into the wetland. 304.04.9 A schedule for installation of the control measures and devices. In all cases, the proposed storm water management devices must be completed prior to the construction of additional impervious areas. SECTION 305 MODIFICATION OF PLANS A modification of an approved Storm Water Management Plan shall require a new permit except that ,the TownshipEngineer may authorize modification provided that such modifications do not (I) alter the storm water management facilities in a manner which significantly affects the discharge of storm water to an adjacent property, or (2) significantly relocate a major storm water management facility within the project. SECTION 306- WAIVER AND APPEAL PROCEDURE The provisions of this Ordinance are intended as minimum standards for the promction of the publich6aith, safety and welfare. The Board of Supervisors may grant a waiver from literal compliance with mandatory provisions of the Ordinance wtiere the' grant theretf'will not,constitute a violati~la Of law if the applicant can'demonstrate 'clasher (1) that compliance would cause undue ha/-dship ag'it applies to a particular property, or (2) thai an alternative Proposal will allow for equal or better results. 306.01 Application Procedures (Waiver-AppeaB 306~:01.1 A request for a waiver or appeal shall be submitted to the designated Township representative at the Silver Spring Township Building, on any business day. The request shall be made in writing and identi~ (1) the ~ecific section of the ordinance or decision which is requested for waiver or appeal. (2) the proposed alternative to the requirement, when applicable, and (3) justifications for an approval of the waiver or appeal. 306.01.2 The Township shall (1) schedule the request for consideration by the Board of Supervisors at a public meeting within sixty (60) days of receipt and (2) provide adequate notice to the applicant and any other involved panics of the meeting at which consideration of the request is scheduled. 306.01.3 The Board of Supervisors shall, following the consideration of the r~quest, take such public actiofi as it shall deem advisable and notify all involved parties within twenty (20) days of the. action. Such notice shall cite the findings and reasons for the deposition of the waiver or appeal. Silver Spring Township Storm Water Management ordinance Article III - 13 SECTION 307 SECTION 308 EXPIRATION OF A STORM WATER MANAGEMENT All StOrm Wat&'Maila~e~tl~t Permits shall expire twelve (12) months from the date of issuance unless an extension of time is approved. An exter~ion of an unexpirefl Storm Water Management Permit shall be issued by the Township Engineer following the submission of a written request if, in the opinion of the Township Engineer, the following characteristics are present: (1) the subject property or affected surrounding area has not been altered in a manner which requires alteration to the Storm Water Management Plan, and (2) in the case where substantial improvements 'have not been completed, any new standard would not alter the application. The rehsal of an extension of time shall cite the reasons for such refusal. A StormWgter Management Permit shall I!¢t. expire while a request for an extension is pending. SCHEDULE OF INSPECTION~ Inspections shall be required.prior to the star. t of construction~ during installation of'materials and structures, and upon the completion of all improvements. Prior to the initiation of construction, the developer shall arrange a pre-construction meeting with the Township Engineer so that an inspection schedule can be coordinated with the construction schedule. The Township Engineer shall be notified'two (2) working days in advance of any intended date of construction. ]]ae provisions stated herein shall not be construed as mandating periodic inspections and the undertaking of periodic inspections shall not be construed as an acceptance Of the work during construction or as a f'mal inspection of the construction. The Township shall inspect all phases of the Land Disturbance Activity including, but not limited to, the following: a) Prior to the start of any Land D~sturbance Acu~.,~ty. b) During construction of the permanent storm water management facilities at such times as specified bY the Toxxmship. c) Upon installation of permanent storm water management facilities. d) Upon completion of any final grading, vegetative control measures or other site restoration work done in accordance with the permit. No work shall begin on a subsequent phase tmtil the preceding phase has been inspected and approval has been noted on the permit. 14 - Article III Si vet S@r ng To~osh p Storm Water Management Ord nanc~ . SECTION 309 SECTION 310 SECTION 311 SECTION 312 Any portion of the work which does not comply with the approvett plan must be corrected by the applicant. No work may proceed on any subsequent phase until the required corrections have been made. PERFORMANCE GUARANTEE The Township may, prior to issuing a Storm Water Management Permit, require a Performance Guarantee for storm water detention, and/or retention basin, erosion control facility, and other drainage facilities which may adversely affect adjacent properties, streets or other public improvements. Where required, the developer shall file with the Board of Supervisors, financial security in an mount sufficient to cover the costs of the storm water management facilities. The administration of the financial security shall comply with the fmancial security provisions of the Silver Spring Township SubdiviSion and Land DeVelopment Ordinance of 1994, as amended. LIABILITY Neither issuance Of the Permit nor compliance with the provisions hereto or any conditions imposed by the municipality shall relieve any person from any responsibility for damage otherwise imposed by law, nor impose any liability upon Silver Spring Township or its officers, appointed professionals, and employees for damages to persons or property. MAINTENANCE GUARANTEE The Township may, prior to issuing a storm water managemem permit, require the applicant to submit a maintenance guarantee for the structural integrity as well as function of any storm water management facility for a term not to exceed eighteen (18) months from the date of acceptance of dedication by the Board of Supervisors. Said guarantee shall not exceed fifteen (15) percent of the actual cost of installation of said improvements and be of the same type of financial security as required in this Articte. AS-BUILT PLANS Upon completion of all required improvements and prior to release of the performance bond, the applicant shall submit an as-built plan showing the location, dimension and elevation of all storm water management facilities. In addition, the plan shall indicate that the resultant grading, drainage structures and/or drainage systems, and erosion and sediment control practices, including vegetative measures, are in substantial conformance with the previously approved drawings and specifications. The applicant's engineer shall certify that the construction of the storm water management facilities were completed in Silver Spring Township Storm Water Management Ordinance Article III - 15 SECTION 313 313.01 313.01.1 313.01.2 313.01.3 313.01.4 313.01.5 313.01.6 313.02 313.02.1 313.02.2 accordance with the plans and specifications as approved by the Township. Thet planshall note ali deviation from the previously approved drawings. Three (3) paper copies of the plan shall be submitted to the Township, who shall distribute a paper copy to the Township Engineer and retain the remaining copies for the Township fries. PAYMENTS IN LIEU OF STORM WATER MANAGEMENT FACILITIES Where the applications of the standards and requirements of this Ordinance would result in unique and undue hardship to a particular person or particular site, or where the Township and Township Engineer determine that the intent of this Ordinance would better be accomplished; the Township may, in its sole discretiOn, require the payment of a fee-in- lieu of compliance with the provisions of this Ordinance. In determining whether a fee may be imposed by the Tovenship in lieu of compliance with the provisions of this Ordinance, the Township shall consider, where relevant, the following criteria: The amount of impervious area to be added to the site; The relationship of such impervious areas to property lines; The area available for on-lot storm water management facilities; The capacity and condition of receiving channels; The location of existing or proposed storm water management facilities which would affect, or be affected by development of the site; Such other information as the person proposing development or the Township may deem relevant. Where it has been determined by the Township that a fee may be paid in lieu of compliance with the provisions of this Ordinance, the following procedures shall be followed: The amount of the fee, as established by resolution of the Board of Supervisors, shall be for each square foot of in:pervious material to be added to the site. The fee must be paid to the Township prior to issuance of any permits. 16 - Article Ill Silver Spring Township Storm Water Manageracnt Ordinance 313.02.3 313.02.4 313.02.5 All money paid to the Township in this manner shall be kept in a capital reserve fund establ!shed as provided by law. Money in such caPita) reSerVe fund ~hU~t be used only for the acquisition of land, construction of facilities, or maintenance of facilities for storm water management purposes. Funds collected pursuant to this. section shall be designated as collected from the watershed district in which the proposed development is to occur, Thereafter, monies expended from the fund: for storm water management facilities in any one district may not exceed monies collected from that district. The provisions of these regulations governing the setting and collection of fees in lieu of construction of facilities shall not be utilized until the ToWnship has established a capital reserve fund. Silver Spring Township Storm Wa[er Matmgeme~ Ordinance Article III - 17 IV DESIGN STANDARDS SECTION 401 SECTION 402 402.01 402.01.1 402.01.2 GENERAL DESIGN STANDARDS !nthe interest of reducing the tOtal area of impervious surface, preserving ~xisting fe~es which are critical m storm water management, and reducing the concentration of storm water flow, the designer should consider imaginative design concepts and the flexibility provided by the waiver process. Maximum use should be made of the existing on-site natural and man- made storm water management facilities. The management of storm water, both during and upon completion of the disturbance associated with a land disturbance activity, shall be accomplished in accordance with the standards of this Ordinance. ' DESIGN STANDARDS The management of storm water, both during and upon completion of the disturbance associated with a land disturbance activity, shall be accomplished in accordance with the standards of this Ordinance. Pre-Development vs. Post-Development. The peak discharge of the. calculated post-development runoff to an adjacent property shall be based upon the location of the property. The calculated post-development runoff from property located within the Hogestown Run or Trindle Spring Run Watersheds shall be consistent with the peak outflow rates specified in the "Hogestown Run/Trindle Spring Run Watershed. Act 167 Storm Water Management Plan." Areas of less than 10,000 square feet must meet the provisions of Section 402.01.2. ~ · ; The calculated post-development runoff from property located outside of the Hogestown Run or Trindle Spring Run Watershed shall be designed so that the peak discharge of the calculated post- development runoff to an adjacent property does not exceed the peak discharge of the calculated pre-development runoff for a Type II storm event. The twenty-four (24) hour rainfall values are as follows: 18 - Article IV Silver Spring T~wnship gt0rm Water Management Ordinance C Frequency 2 Rainfall, 2.9" i0 4.7" 25 5.1" 100 6.4" Runoff calculations for the pre- and post~evelOp~hi comparison shall be based upoll the peak flow from a tWO (2), ten (10), twenty-five (25), and one hundred (100) year storm frequency. The peak discharges and volumes of ~runoff shall be ~letermined by using the Rational Method for watersfi~ds 'less th~a'fifteenO5) acres, and for larger watersheds, the latest version of T~eclm!cal Release No. 5_5, Urban Hydrology for Small Watersheds, or an acceptat~le engineering method,.,subject m Township approval. For pre-develogmem comPutations, all runoff coefficients within the project shall be based o9 ~p~?adow use Off-site land use conditions used to deterlnine storm flows for designing storm facilities shall be based on existing fund uses. 402.02 Desien Storm For Collection Facilities. The design of storm water management collection facilities that service drainage areas within the site shall be based upon ,the peak flow from a tweuty-five (25) year stoma frequency event. All develogga~ts shall inchlde~ de,sign provisions that allow for the overland conveyance of the post development one hundred (100) year peak flows ~thrQugh the site without damage to anyprivate or public property. 402.03 Method of Calculations. Runoff calculations for on-site storm water conveyance facilities shall be based upon the Rational Method or an acceptable engineering design me,od, subject to Township approval. 402.04 Criteria. Methodology an,~ 6ss~4~tions. Appropriate values for runoff~ coefficient,s~ time of concemrati0ll, and rainfall intensi~ shall be from the latesi edition of the c~mmonWe~ith of P~nnsylvania, Department of Transportation Design Manual, Part 2, Highway Design, Chapter 10. Use of other criteria, methodology, assumptions, references, calculation methods and/or computer modeling may be accepted, provided detailed design information and programming with references are submitted and approved by the Township. 402.05 Cooi'dinati0~ with Adjacent Lands, Consideration shall be given to the relationship of,the subject property to the drainage panem of the watershed. The proposed storm water discharge at the perimeter of the site shall not be beyond the capacity of any existing, immediately Silver Spring Township Storm Water Management Ordinance Article 1V - 19 contiguous, storm water management facility into xvhich it flows, unless the existing flow at the peri~ter of the site already exceeds .the capacity of the existing facilities into Which it flows and the discharge does not alter the calculated pre-development discharge characteristics. , S~torm water shall not be transferred from one watershed to another, unless (I) the watersheds are sub-watersheds of a common watershed which join together within the perimeter of the property, (2) the effect of the transfer does not alter t-he peak discharge orito adjacent lauds, or (3) easements from the affected downstream landowners are provided. Storm water runoff from the subject property shall flow directly into a natural watercourse or into an existing storm sewer system, or onto adjaeem, propertieS in a manner similar to the runoff characteristics of the pre-developm~nt flow. 402.06 a~. Retention· basins and detention basins shall be designed with a minimum one (1) f~0ot freeboard above the design elevation 0f the one/hundred (I00) year Water surface at the emergency sp'dlwayi Additionally, basins shall be designed ro safe. ly discharge the full 10C-year peak discharge of a post d~velopment storm event through. an emergency spillway in a manner which will not damage the integrity of the basin. BaSins shall not be 10cared o~er any existing or proposed utility line. Storm water basins located in known sinkhole-prone areas are required robe linedtoprevent.mfiltrat~on mto.theg~ound~. ' ' ' The Modified PULS Method of Calculating routing or an acceptable engineering design method, subject to Township approval, shall be used tbr detention basins. Basins shall be constructed and maintained to insure the design capacity after sedimentation has' taken place. Basin discharge outlets shall be designed to release runoff in a condition which reflects Pre-develoPment characteristics. Basins which are not designed to release all storm water shall be · specifically identified as retention basins or permanem pond basins. All other basins shall have provisions for de-watering, particularly the bottom, and shall not create swampy and/or unmaintainable conditions. Low flow channels shall be used to de-water the bottom of a basin. A minimum slope of two percent (2%) or a paved low flow channel of at least one Percent (1%) shall be provided. Discharge structures shall be designed to eliminate the' possibility of blockage during operation. 20 - Article IV Silver Spring ToWnship Storm Water Management Ordinance 402.07 402.08 402.08.1 402.08.2 402.08.3 402.08.4 402.08.5 402.08.6 402.08.7 402.08.8 Basins which are located in or adjacent to a residential zone and viawed by the Township as a potential haZard to the public safety shall be completely surrounded bY a fence or wall of not less than four (4) feet in height. The fence or wall shall not have an opening or gap larger than two (2) inches and be provided with a self-clOsing and self-latching gate. Groundwater Recharee System. The use.6f groundwater recharge systems will only be permitted in cases where the applicant has demonstrated that alternative facilities are not possible and the area is not a known sinkhole-prone location. Earth Fill Dams. Basins which are designed with earth fall dams shall be designed bY a registered Professional engineer with experience in earth- filled dams and shall incorporate the following minimum standards: The maximum water depth (measured from the base to the crest of the emergency 'spillway) shall not exceed six (6) feet, unless approved by 'waiver of the Township. The minimum top width of all dams shall be fix:e (5) feet, unless approved by waiver of the TOWnship. The side sloPes of earth fill dams shall not be steeper than three (3) horizontal to one (1) vertical on both sides of the embankment. Basins without restricted access shall have impoundment areas with side slopes no greater hhan five (5) horizontal to one (1) vertical. 'A cutoff trench of impervious material shall be provided under all dams. All pipes and culverts through dams be reinforced concrete and have properlY ipaded Concrete cUtoff collars. All riser pipes shall be reinforced cement concrete. Minimum floor elevations for all structures that would be affected by a basin, other temporary impgundments, or open conveyance: systems where ponding may occur shall be two (2) feet above the 100 year water surface and/or one (1) foot above the 500 year water surface.' If basement or underground facilities are proposed, detailed calculations addressing the effects of storm water ponding on the structure and water-proofing and/or flood-proofing design information shall be submitted for approval. The Township may, upon recommendation of the Township Engineer, impose additional requirements on earth frll darn for the safety and welfare of the Township. Silver Spring Township Storm Water Management Ordinance Article IV - 21 402.09 Capacities. The capacities of the pipes, gutters, inlets, culvert~, but. structures, and ~wales shall consider all possible hydraulic conditions. The following aide minlmura d&sign standards: 402.09.1 Grass swales and roadside gutters shall consider both the channel velocity and stability. 402.09.2 The "n" factors to be used for paved or rip-rap swales or gutters shall be based on the latest edition of the Pennsylvania Department of Transportation's Design Manual Part 2, Highway Design, Chapter 10. 402.09.3 The "n' factors for corrugated metal pipe shall be based upon the manufacturer's standard. 402.09.4 The velocity to be used in the design of any piped storm water conveyance system shall be a minimum of two and one-half (2lA) feet per second, 402.09.5 Inlets, culverts, and basin discharge Systems shall be designed for the worst case condition. Inlet capacity shall be based on design standards provided by latest edition of the Pennsylvania Department of Transp0rtation's Design Manual, Part 2, Highway Design, Chapter i0. If acceptable information is not available, inlets in non-ponding areas shall be designed for a maximum capacity of five (5) cubic feet per second. Where ponding occurs, inlet capacity shal! be based on accepted ~ngineering design practices. Culvert design shall consider either inlet/outlet control or a combinatign of hydraulic lo~$es through the system, whichever is greater. Basin discharge systems shall be designed to the same standards as culverts. If it cannot be readily determined which hydraulic condition controls, the basin discharge rate shall be based on the highest possible discharge rating curve with the basin capacity sized to store the excessive storm runoff based on the lowest possible discharge rating curve. 402.10 Storm Water F19w Along .Streets and Access Drives. Inlets shall be along the curb line and are not permitted along the curb radius at an intersection. When possible, inlets shall be located away from the side lot property line to avoid conflicts with driveways. For the purpose of inlet placement, curb, gutter, or roadside swale, flow depths for a ten (i0) year storm frequency with a five (5) minute duration shall not exceed three (3) inches in a swale condition, two (2) inches in a gutter condition, and one-half (1/2) inch across intersections and travel lanes. In no case shall inlets be spaced more than six hundred (600) feet apart and function at less than sixty-five percent (65 %) efficiency based on the criteria in the PennDOTDesign Manual. 22 - Article IV Silver Spring Township Storm Water Management Ordinance 402.11 402.12 ~402.13 402.14 402.15 402.15.1 /vlanhole Locations. Manholes shall not be spaced more than five hundred (500) feet apart. Additionally, manholes shall be 'placed'at points of changes in the horizontal or vertical direction of storm sewers. Inlets may be substituted for manholes where they will serve a useful purpose. Alignment Requirement. If less than a forty-eight (48) inch diameter, curves in pipes or box culverts, withOut an inlet or manhole are prohibited. Tee joints, elbows, and wyes are always prohibited. Minimum Pipe Size. Storm water management pipe collection and conveyance systems shall have a minimum diameter of fifteen (15) inches. Material S~ecifications. All material and installations must comply with the Towns~ip's Improvetnents Specifications Manual Surface Flow Characteristics. "Themaximum swale, __*utter, or curb velocity of storm water runoff shall be maintained at levels which result in a stable condition both during and after construction. The following axe considered characteristics of a stable condition: a) It neither aggrades or degrades beyond tolerable limits. b) The channel banks do not erode to the extent that the channel cross section is changed appreciably2' c) Sediment bars do not develop. d) Erosion does not occur around culverts and bridges or elsewhere. e) Gullies do not form or enlarge due to the entry of uncontrolled storm water runoff. Grass-lined channels shall be consi6ered stable if the calculated velocity does not exceed the allowable velocities shown below: a) Three (3) feet per second where only sparse vegetation can be' established and maintained because of shade or soil condition.' Four (4) feet per second where normal growing conditions exist and vegetation is to be established by seeding. b) c) Five (5) feet per second where a dense, vigorous sod can be quickly established or where water can be temporarily diverted during establishment of vegetation. Netting and mulch or other equivalent methods for establishing vegetation shall be used. Silver Spring Township Storm Water Management Ordinance Article IV - 23 402.15.2 402.~5.3 402.16 402.17 402.17.1 402.17.2 d) Six (6) feet per second where there exists a well establisheu . Where Swale bends occur, the allowable velocities listed above shall be divided by the following factors: 0to30 1.50 30tu60 1.75 60to90 2.00 90 and over 2.50 The above grass-lined channel floW~ may b· exceeded if the designer can prOVide acceptable supportive design criteria as proof of erosion prevention.. Where the velocity of storm water runoff exceeds the allowable velocity, eroSiOn protection must be provided. The method of erosion prOtection proposed must be supported by the appropriate design information and/or references. Sump Pump discharges and similarly, roof drains will be directed to lawn areas away from residences, into areas that will surface drain to conveyance structures (e.g. swales and storm sewer collection systems). a~. When applications are submitted in phases, and if temporary facilities are required for construction of a phase, such facilities shall be included in the submitted plans. All phases of development must comply with the provisions of this Ordinance. In the event temporary measures cannot adequately handle the storm water runoff; the main ouffall line shall be included as part of the construction of the proposed phase. Erosj~, All land disturbance facilities shall conform to the requirements of the pennsylvania Department of Environmental Protection Soil Erosion and Sedimentation Control Manual. The following principles shall be applied to the design plan and construction . schedule to miniinke soil erosion and sedimentation: Stripping of vegetation, grading, or other soil disturbance shall be done in a manner which will minimize soil erosion. Whenever feasible, natural vegetation shall be retained and protected. 24 - Article IV Silver Spring Township S~orm Water Management Ordinance 402.17.3 402.17.4 402.17.5 402.17.6 402.17.7 402.17.8 402.18 402.19 402.20 The extent of the disturbed area and the duration of its expo~sure shall be kept to a minimum, within practical limits. Either temporary seeding, mulching, or other suitable stabilization measures shall be used to protect exposed critical areas during construction. ' Drainage provisions shall accommodate the storm water runoff both during and after construction. Soil erosion and sedimentation facilities shall be installed prior to any on-site grading. The design plan and construction schedule shall incorporate measures to minimize soil erosion and sedimentation. Retention and/or detention basins, and water carrying facilities shall be stabilized in accordance with current engineering and Soil Conservation Service practices. Floodplair~. All storm water management plans shall conform with the Floodplain Standards specified in the Silver Spring Township Zoning Ordinance, as amended. Easements. When considered appropriate, easements shall be prOvided where storm water or surface water drainage facilities are existing or proposed, whether located within or beyond the boundaries of the property. Easements for maintenance of pipes and culverts shall mn from outlet to inlet. Normal lot grading will not require easements. Swales which receive runoff from more than one other lot must be provided with an easement. Easements shall have a minimum width of twenty (20) feet and shall be adequately designed to provide area for (a) the collection and discharge of water, (b) the maintenance, repair, and reconstruction of the drainage facilities, and (c) the passage of machinery tbr such work. When considered appropriate, easements shall include a description of an ownership and maintenance program, in a recordable form, that clearly sets forth responsibility for all temporary and permanent storm water management facilities. Ownership and Maintenance of Storm Water Management Faciliiies. The intent of these regulations is to provide private ownership and maintenance of storm water management facilities, erosion and sedimentation control facilities and floodplain control facilities. Under no circumstances does the Township intend to accept dedication of erosion control and sedimentation basins. The Township does not encourage the dedication of storm water management facilities that are located outside public street rights-of-way. Where the Storm Water Management Plan proposes that the Township own or maintain a storm Silver Spring Township Storm Water Mamgement Ordinance Article IV. 25 water management facility, a description of the methods, procedures, and the extent Of maintenance shall be described in such an offer. Maintenance of all storm water management facilities during development shall be the sole responsibility of the developer and shall include, but not be limited to: 402.20.1 Removal of silt from all basins, traps or other structures or measures when thirty percent (30%) of capacity is filled with silt; 402.20.2 Periodic maintenance of temporary control facilities as described in the soil erosion and sedimentation control plan as such replacement of silt fencing, straw filters or similar measures; 402.20.3 Establishment or re-establishment of vegetation by seeding and mulching or sodding of scoured areas or areas where vegetation has not successfully been established; 402.20.4 Installation of necessary controls to correct unforeseen problems caused by storm events within designed frequencies; 402.20.5 Removal of all temporary measures and installation of permanent measures upon completion of the project; 402.20.6 Requirements of the Pennsylvania Department of Environmental Protection, Chapter 102 Regulations. Ownership of all storm water management facilities afxer construction shall be the sole responsibility of the developer or the private landowner as set forth in the plan. The only storm water management facilities which are to be controlled by the Township shall be those facilities which have been offered for dedication and accepted for dedication by the Township. Future offers for dedication can only be made for facilities which meet current Township specifications. ' 26 - Article IV Silver Spring Township Storm Water .',lanagement Ordinance ARTICLE V ADMINISTRATION SECTION 501 501.01 501.01.1 501.01.2 REMEDIES Any person, partnership or corporation who being the owner of land on which a Land Disturbance Activity, as defined in thi; Ordinance, has occurred or is engaged in shall comply with the provision of this Ordinance and the Storm Water Management Permit. Any Land Disturbance conducted in violation of this Ordinance or the Storm Water Management Permit is hereby declared a public nuisance. In the event of a violation, Silver Spring Township may initiate the following act/om: Suspension of a Storm Water Management Perlllit Any permit issued under this Ordinance may be suspended by the Township based upon: a) b) The noncompliance with or failure to implement any provision of the Storm Water Management Plan, or A violation of any provision of this Ordinance relating to the project, or c) The creation of any condition or the commission of any act during construction which constitutes or creates a hazard or nuisance or which endangers the life or property of others. Under the suspension of a permit, only such work as the Township so authorized may proceed. This work shall be limited to that which is necessary to correct the violation. A suspended permit shall be reinstated by the Township when: a) The Township has inspected and approved the corrections to the storm water management facilities or the elimination of the hazard or nuisance, and h) The Township is satisfied that the violation of the Ordinance has been corrected. A permit will not expire while under suspension or noncompliance exists with the permit. Silver Spring Township Storm Water Management Ordinance Article V - 27 501.02 . Revoke a Storm Water Mana~,ement Permit Based upon a report from the Township Engineer thai the existing site condition or further construction is likely to endanger property or create hazardous conditions, the Township may: 501.02.1 Revoke a permit. 501.02.2 Require protective measures to be taken and assign a reasonable time period for the necessary action. 501.02.3 Authorize protective measures to be done and lien all cost of the work against the property on which work is required. A permit which has been revoked cannot be reinstated. The applicant may apply for a new permit in accordance with the processing procedures in Article III. 501.03 Notification of Suspension or Revocation of a Storm Water Manaeemenl In the event of a suspension or revocation of a Storm Water Management Permit, the Township shall provide written notification of the violation to the landowner and/or applicant at his last known address. Such notification shall: 501.03.1 501.03.2 Cite the specific violation, describe the requirements which have not been met, and cite the provisions of the Ordinance relied upon. Identify the specific protective measures to be taken. 501.03.3 Assign a reasonable time period necessary for action or in the case of revocation, identify if the Township has authorized protective measures to be performed at cost to the landoxxmer. 501.03.4 Identify the right to request a hearing before the' Board of Supervisors if aggrieved by the suspension or revocation. 501.04 Suits to restrain, prevent, or abate a violation of this Ordinance may be instituted in equity or at law by the Township. Such proceedings in equity or law may be initiated before any court of competent jurisdiction. In cases of emergency where, in the opinion of the court, the circumstances of the case require immediate abatement of the unlawful conduct, the court may, in its decree, fix a reasonable time during which the person responsible for the unlawful conduct shall correct or abate the 28 - Article V Silver Spring Township Storm Water bianagement Ordinance SECTION 502 SECTION 503 SECTION 504 SECTION 505 same. The expense of such proceedings shall be recoverable from the violator in such manner as may now or hereafter be provided by laTM. PENALTIES Any person who shall violate any of the provisions of this Ordinance, or who shall fail to comply with any written notice from Silver Spring ToWnship which describes a condition of non-compliance, shall be guilty of a summary offense, and upon conviction thereof, shall be subject to a f'me payable to Silver Spring Township of not more than one thousand ($1,000) dollars for each violation,' recoverable with cost. In default of payment of the fine, such person shall be liable to imprisonment for not more than thirty (30) days. A new and separate violation shall be deemed to be committed for each day after receipt of the aforesaid notice that such violation exists. In addition, the Township may institute injunctive, or any other appropriate action or proceeding of law or in 6quity for the enforcement of this Ordinance. Any court Of competent jurisdiction shall have the right m issue r6straining orders, temporary or permanem injunctions, writs, or other appropriate forms of remedy or relief. APPEAL TO THE SILVER SPRING TOWNSHIP BOARD OF SUPERVISORS Any persons aggrieved by any action Of the Township may appeal to the Board of Supervisors within twenty days of that action. INSPECTION OF PROPERTY Upon presentation of proper credentials, duly authorized representatives of Silver Spring Township may enter at reasonable times upon any property within the municipality to inv~[igate or ascertain the condition of the subject property in regard to any aspect regi~lated by this Ordinance. The landoWner Shall grant to the TownshiP, or its agents, access to/he site of the work at all times, while under construction, for the purp6se of inspecting the work. SEVERABILITY Should any section or provision of this Ordinance be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this Ordinance. Silver Spring Township Storm Water Management Ordinance Article V - 29 SECTION 5(36 SECTION 507 SECTION 508 SECTION 509 SECTION 510 COMPATIBILITY WITH OTHER PERMITS AND ORDINANCES Permits issued pursuant to this Ordinance do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance of another governing body. Any provision of any other statute, code, ordinance or .re.gulation which provides greater protection shall control in the event of conflicting regulations. MUNICIPAL LIABILITY The degree of storm water management sought by the provisions of this Ordinance is considered reasonable for regulatory purposes. The issuance of permits by Silver Spring Township, its officers, or employees, shall not be deemed to relieve the developer of responsibility, if any such responsibility exists, to those adversely affected by the drainage.of water. Further, the municipality through the issuance of a permit assumes no responsibility to either the developer or the adjoining property owner affected by the drainage of water. SAVINGS PROVISION FOR MATTERS IN PROCESS Applications validly submitted to the Township per approval and any litigation pending under or because of any previously enacted storm water management ordinance prior to the effective date hereof shall be evaluated and governed by such prior ordinance, and, for such limited purpose, such previously enacted ordinance or ordinances shall be saved from repeal as hereafter provided. RELATIONSHIP OF OTHER ORDINANCES Except only as Otherwise provided in Section 508, all other ordinances or parts of ordinances inconsistent herewith shall be and are hereby repealed. ADOPTION AND EFFECTIVE DATE This OrdinanCe shall become effective five (5) days after its enactment by the Silver Spring Township Board of Supervisors. 30 - Article V Silver Spring Township Storm Wa~er Management Ordinance DULY ORDAINED AND ENACTED this 17th day of November , 1999, by the Board of Supervisors of thc Township of Silver Spring, Cumberland County, Pennsylvania,/n lawful session duly assembled. ATTEST: SEAL SUPERVISORS OF SILVER SPP. IN~ TOWNSHIP /~ Superviso,r ~ ' Supervisor ' ~ Stipe~isor APPENDIX NO. 1 APISLICATION FOR A STORM WATER MANAGEMENT PERMIT MINOR LAND DISTURBANCE ~ '~pplication is )ursuant to the ~ SILVER SPRING TOWNSHIP Cumberland Count, matte to Silver S , for the issuance ora Storm Water Management Permit 1. Name of Properly Owner(s): Address: Telephone No.: 2. Name of Applicant (if other than owner): Address: I Tele])hone No.: 3. Proje~'t Location: 4. If the property is the subject of a subdivision or land development, provide plan book record number or Township identification number. 5. Brief Description of Work to be Performed: A general plan of th~ lot configuration, building location, grading, and storm water management facilities shall be shown on the reverse side of this pa~e. Storm Water Mana,~ement Plan Prepared By: Address: TeleDhone No.: I Fax No.: The undersigned hereby represents that, to the best of their knowledge and belief, all information listed above and on the reverse side of this page is true, correct, and complete. Date: ] Sienamre~ of Applicant For Township Use Only File No.: Date of Receipt/Filing: PLEASE COM~PLETE THE GENERAL PLAN ON THE REVERSE SIDE OF THIS PAGE. (See Section 303.01) 32 - Appendices Silver Spring Township Storm Water Management Ordinance GENERAL PLAN The following shall be shown on the Plan: Lot Configuration Building Location Contours or Flow Arrows Storm Sewers Berm5 Terraces Bridges Dams Scale: I"= (4 squares per inch) Infiltration System Swales Watercourses Floodplains Basins Silver Spring Township Storm Water Management Ordinance Appendices - 33 APPENDIX NO. 2 APPLICATION FOR A STORM WATER MANAGEMENT PERMIT I¥iAJOR LAND DISTURBANCE SILVER SPRING TOWNSHIP Cumberland County, Pennsylvania Application made to Silver Spring Township for the issuance of a Storm Water Management Permit ; herewith submitted. 1. Name of Property Owner(s): Address: 2. Name of Applicant (if other than owner): Address: Type of Earth Disturbance Activity: A. New impervious or semi-impervious surface B. Diversion or piping of natural or man-made watercourse C. Installation of the following: (sq. fl./ac.) (linear ft.) Culvert Retention Basin Detention Basin Sediment Basin D. Removal of ground cover, grading, filling, or excavation . (sq. fl./ac.) 5. If the property is the subject of a subdivision or land development, provide plan book record number or Township identification number. 6. Storm Water Address: Tele No.: Fax No.: The undersigned hereby represents that, to the best of their knowledge and belief, all information listed above is true, correct, and complete. Date: File No.: For Township Use Only Date of Receipt/Filing: (See Section 303.02 34 - Appendices Silver Spring Township Storm Water Management Ordinance APPENDIX NO. 3 STORM WATER MANAGEMENT PLAN CERTIFICATE I hereby certify that, to the best of my knowledge and information, the storm water management facilities shown and described hereon are designed in conformance with the Silver Spring Township Storm Water Management Ordinance. Date Signature and Seal of the Registered Professional Responsible for the Preparation of the Plan (See Section 304.01.8) Silver Spring TownShip Storm Water Management Ordinance . Appendices - 35 APPENDIX NO. 4 STORM WATER MANAGEMENT PEI~IIT LAND DISTURBANCE ACTIVITY Silver Spring Township Cumberland Coun.ty, Pennsylvania PERMIT NO. The property of located at has received approval of the storm water management plans dated , last revised , in accordance with the Silver Spring Township Strum Water Management Ordinance. Appr. oved By: Date: Expir____~ation Date: ____ Aooroved Date SCHEDULE OF INSPECTIONS During construction of the following specific storm water management facilities: Upon installation of all permanent storm water management facilities. Final grading, vegetative control measures, or other site restoration work. (See Section 302) 36 - Appendices Sliver Spring Towmhip Storm Water Management Ordinance APPENDIX NO. 5 STANDARD COMPUTATION TABLE EXHIBIT "B" APPENDIX NO. 2 APPLICATION FOR A STORM WATER MANAGEMENT PERMIT MA.IOR LAND DISTURBANCE SILVER SPRING TOWNSHIP O,rnberland County, Penn~ylwnia Application/a hereby made to Silver Spring Town.strip for the iasuanc~ of a Storm Water Management Pan'nit pursuant to the specifications hcrex~ith submitted. 2. Name ot Applicant (if other than owner): Address: ]Tclcphonc No.: 3. Proi¢ct Location: ,~'/~A/ I,q~g/.~'~' ~4~0~t~, Typo of Earth Dis'turbancc Activity:. A. New impervious or semi-impervious surface, 8', ~Y' (sq. ft.~ B. Diversioa or piping of natural or man-made watercourse C. Installation of tho following:. Culvert Rctcntion Basin Detention Basin Sediment B~in D. Removal of. sround cover, grading, filEng, or cxcavatioa 19'~. ~, (lia~arA.) (sq. 5. If thc prolmrty is thc subject of a subdivision or land davclopmcnt, provide plan book record number or Township ~dentification number. tgoZ,t' 6. Storm Water Management Plan Prepared By:. ~a ~de{~ed haraby r~pr~an~ ~at, to ~ ~t of ~a~ ~owladga ~d beEaf, ~ ~o~a~oa ~ted a~va ~a on ~ rav~rse s~da of ~ pag~ la trua, ~ac~, ~d comp[et~. (See Section 303.02 EXHIBIT "C" SILV R SPRING TOWNSHIP . July 1~, 2001 I~r ~Prin$ ']'ownship. ,h. as moiv,d an aPPlication m l supporgn$ information for it Mdmagem~/Land, ~ ;;l~l~urbance:Permi!. . : . for the. Rich Valley O61f Club. 'SUpporting haS b~an s~nt to lho:Toim!s, h~p I~n~nc~r for r~wlcw an !ncd/hplet~ iiiu¢ to you': ni>t ha~4ng approval, from thcCountyt comm~nt.cons~.vatlonThis applicationDistrict, is ~ould you havi~ any questions pleas, call; Sincerely, · ~anm~ ;. Hall Zonin Officer EXHIBIT "D" Cumberland County Conservation District 43 Brookwood Avenue, Suite 4 - Carlisle, Pennsylvania 17013-9172 - Phone (717) 240-7812 - Fax (717) 240-7813 Jeffrey S. Austin 716 North West Street Carlisle, PA 17013 September 4, 2001 ACTIVITY NAME: Rich Valley Golf Club PERMIT NUMBER: PAR-10-H261 MUNICIPALITY: Silver Spring Township COUNTY: Cumberland County, PA Dear Mr. Austin: Enclosed is the above referenced permit which authorizes the discharge of stormwater from the construction activity described in the final erosion and sedimentation control plan and the permit application. Please ensure that the approved erosion and sedimentation control plan is fully implemented and available at the construction site. The Cumberland County Conservation District reviewed the erosion and sedimentation control plan to determine whether it is adequate to satisfy the requirements of the Chapter 102, Erosion Control Rules and Regulations. The Conservation District assumes no responsibility for the implementation of the plan or the proper construction and operation of the facilities contained in the plan. Please read carefully, Parts A, B and C of the permit which details the terms and conditions of this authorization. Conservation District staff and/or representatives of the Department of Environmental Protection (DEP) may inspect this earthmoving activity to determine compliance with applicable permit requirements, Chapter 92, 101 and 102 Rules and Regulations and "The Clean Streams Law". Permit requirements and federal regulations at 40 C.F.R. ss122.21(b) require that "when a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit". Please be advised that once a contractor has been selected for the project, the contractor must either be added on as a co-permittee or have the permit responsibility transferred to them. The co-permittee/transferee form must be received by this office at least 30 days prior to the co-permittee/transferee action taking place. The enclosed form must be used to add a co-permittee/transferee. Enclosed, also is a Notice of Termination (NOT) form to be completed and filed with the DistrictJDEP once construction activities have ceased and final stabilization has been achieved. CONSERVATION - DEVELOPMENT- SELF-GOVERNMENT The County Cohservation District must be notified by telephone or certified mail at least seven (7) days prior to the start of construction. A pre-construction conference is requested. This authorization does not relieve the applicant from applying for and obtaining any and all additional permits or approvals from local, state or Federal agencies for the construction activity described in the permit application. Sincerely, Kimberly J. Falvey District Technician Enclosure CC: Bill Cook, Silver Spring Township Jeff Kelly, Cumberland County Planning Commission Stephen Fisher, FMR District File 3639-FM-WQ0079 9197 COMMONWEALTH OF PENNSYVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF WATER QUALITY PROTECTION APPROVAL OF COVERAGE UNDER THE NPDES GENERAL PERMIT FOR DISCHARGES OF STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES (PAG-2) NPDES PERMIT NO: PAR-10-H261 In compliance with the provisions of the Clean Water Act, 33 U.S.C. Section 1251 et seq. ("the Act") and Pennsylvania's Clean Streams Law, as amended, 35 P.S. Section 691.1 et seq., th~-Department of Environmental Protection hereby approves the Notice of Intent (NOI) submitted for cov'~rage by: FACILITY NAME AND ADDRESS: Jeffrey S. Austin Rich Valley Golf Club 716 North West Street Carlisle, PA 17013 to discharg'e stormwater to the following receiving water(s): Conodoguinet Creek subJect to the Department's enclosed PAG-2 which incorporates all effluent limitations, monitoring and reporting requirements and other terms, conditions, criteria and special requirements for the discharge of stormwater from point sources composed entirely of stormwater associated, in whole or in part, with construction activity, as defined in this general permit, to surface waters of the Commonwealth, including to municipal separate storm sewers and non-municipal separate storm sewer. APPROVAL TO DISCHARGE IN ACCORDANCE WITH THE TERMS AND CONDITIONS HEREIN MAY COMMENCE ON THE DATE OF THE APPROVAL OF COVERAGE, AND IS VALID FOR A PERIOD OF FIVE YEARS WHEN CONDUCTED PURSUANT TO SUCH TERMS AND CONDITIONS· COVERAGE MAY BE EXTENDED BY THE DEPARTMENT IF A TIMELY ADMINISTRATIVELY COMPLETE AND ACCEPTABLE NOI RENEWAL IS SUBMIt'ED TO THE DEPARTMENT AT LEAST 90 DAYS PRIOR TO DATE OF COVERAGE TERMINATION, UNLESS PERMISSION FOR SUBMISSION AT A LATER DATE HAS BEEN GRANTED BY THE DEPARTMENT. COVERAGE APPROVAL DATE: September_4. 2001 Cumberland County ~'ofl'servation~trict 43 Brookwood Avenue, Suite ;4 Carlisle, PA 17013 EXHIBIT "E" SILVER SPRING TOWNSHIP Wayne M. Pecht, Chairman Jackie Eakin, Vice-Chairman Jan N. LeBlanc William C. Dunn Maria L. Lewis September 14, 2001 Jack K. Sunday and Jeanne N. Sunday 40 South Middlesex Road Carlisle, PA 17013 Lettermen, Inc. 716 North West Street Carlisle, PA 17013 RE: Final Subdivision Plan 2000-4F Dear Applicants: The Silver Spring Township Board of Supervisors at its meeting held September 12, 2001 reapproved the above noted final subdivision plan subject to the following comments: The Silver Spring Township Board of Supervisors conditionally approved the preliminary subdivision plan on September 22, 1999 (reaffu'med September 12, 2001). 2. Plan must be signed by landowner(s) and Properly notarized (403.06.4). 3. Planning module must be approved by DEP (403.05). Provide copies of right-of-way agreements for gas line and PP&L right,of-way (402.06.1). Show all existing features within 200 feet of subject tract (402.03.4). The Board of Supervisors granted this waiver on September 22, 1999 as part of Preliminary Plan submission (reaffirmed September 12, 2001 ). Show all existing healthy trees with a caliper of 6 inches or more (402.03.6). The Board of Supervisors granted this waiver on September 22, 1999 as a part of Preliminary Plan submission (reaffirmed September 12, 2001). Concrete monuments shall be provided along property line of parent tract (608.01). The Board of Supervisors granted this waiver on September 22, 1999 as a part of Preliminary plan submission (reaffirmed September 12, 2001). 6475 Carlisle Pike · Mechanicsburg, PA 17050-2391 · (717) 766-0178 · (717) 766-1696 FAX Jack K. and Jeanne N. Sunday Lettermen, Inc. September 14, 2001 Page 2 Street trees shall be provided along ail road frontages (611.03). The Board of Supervisors granted this waiver on September 22, 1999 as a part of Preliminary Plan submission (reaffirmed September 12, 2001). The plan shail be drawn at a scale of 10 feet, 20 feet, 30 feet, 40 feet, 50 feet, or 100 feet to the inch (402.0 I. 1 ). The Board of Supervisors granted this waiver on September 22, 1999 as a part of Preliminary Plan submission (reaffn'med September 12, 2001). 10. Placement of iron pins (608.02). The Board of Supervisors granted this waiver on September 22, 1999 as a part of Preliminary Plan submission (reaffirmed September 12, 2001). 11. All conditions of preliminary plan must be addressed before final plan approvai. 12. Note 15 must specify number of lot rights for Lot No. 2 and Lot No. 3 in addition to total lot rights. 13. Recording fee must be paid to Township prior to plan recording. When these conditions have been met and the appropriate officials have signed the plan, it will be recorded at the Cumberland Cotmty Court House. If you have any questions, please do not hesitate to contact Mr. Kelly K. Kelch, Assistant Township Manager. William S. Cook Township Manager WSC/ksd CCi Kelly K. Kelch, Assistant Township Manager Mark B. Bruening, P.E., Township Engineer Fisher Mowe~y Rosendaie and Associates, Inc., Steven J. Fishman, Applicant's Attorney SILVER SPRING TOWNSHIP Wayne M. Pecht, Chairman Jackie Eakin, Vice-Chairman Jan N. LeBlanc William C. Dunn Maria L. Lewis September 14, 2001 Letterman, Inc. Attention: Mr. Jeffrey S. Austin, President 153 South Hanover Street Carlisle', PA 17013 RE: Land Development Plan LD 99-16P Dear Mr. Austin: The Silver Spring Township Board of Supervisors at its meeting held September 12, 2001 reaffirmed the granting of the following waivers requests originally approved at its meeting held september 22, 1999 for the above referenced land development plan: 1. Provide profiles of access drives (602.18.1). 2~ A waiver was granted to allow a minimum access drive width of 22 feet for the last 150' of access drive. Show the location of existing healthy tree with a caliper of 6" or more (402.03.6). A waiver was granted to allow the depiction of a clear sight triangle at the intersection of the proposed access drive and Rich Valley Road (602.12.6) in accordance with the 1999 Subdivision and Land Development Ordinance. 5. Provide perimeter-landscaping (603.13). Provide interior landscaping (603.14) for the area where eleven (11) parking spaces are located. Concrete monuments shall be provided along property line of parent tract (608.01). 6475 Carlisle Pike · Mechanicsburg, PA 17050-2391 · (717) 7664)178 · (717) 766-1696 FAX Letterman, Inc. September 14, 2001 Page 2 8. Street trees shall be provided along all road frontages (611.03). The calculated post-development runoff from the property shall not exceed the peak discharge of pre-development (402.01.2) (S.W.M.O.) subject to approval of the Township Engineer. 10. Iron pins conditioned on the Township Engineer's approval of the appropriate iron pin locations (608.02). 11. Primary outlet structure for ponds should be designed for a minimum of a 25-year storm except for ponds 1 and 4 which should be designed for a minimum of a 10-year storm. The above approval is subject to all waivers being submitted in writing. The Board also reaffirmed it denial of the following waiver request that was denied at the Board's meeting held September 22, 1999 due to the lack ora majority vote for the above noted preliminary land development plan: Access drive shall be paved with a minimum of 2 ½ inches of bituminous material for area 2 (602.18.6) In addition, the Board of Supervisors at its meeting held September 12, 2001 reapproved for recording purposes the above noted preliminary land development plan subject to the following conditions: Owner Jeffrey Austin expressed, at the Planning Commission meeting held September 10, 1999, his willingness to discuss the placement of a dry hydrant at the largest pond which would be accessible by fire apparatus. Conditional Use approval was granted on March 10, 1999 for use of a Golf Course. Preliminary Subdivision Plan creating this parcel is currently under review by the Township under the name Sunday/Letterman, Inc. Permit(s) for construction ponds must be obtained from D.E.P. (301.9). Letterman, Inc. September 14, 2001 Page 3 10. I1. 12. 13. 14. 15. 16. 17. Provide the location and description of all proposed lot line markers (402.04.13). Waiver statement must be revised to acknowledge the outcome of requested waivers prior to recording the plan (402.04.14). Sewerage Planning must be approved by D.E.P. (402.05.2). Plan must be signed by landowner(s) and properly notarized (402.06.3). Provide required sight distances for posted speed at proposed access drive (602.18.3.h). Show how landscaping requirements are met (603.13)(603.14). Stormwater Management permit must be issued by Township when all conditions are met. Erosion and Sedimentation Control Plan and NPDES Permit must be approved by the Cumberland County Conservation District. Provide all applicable details (e.g. inlets, pipe trench, basin, anti- seep collars, protective bar screens). Show re,q, uirements of pond liner system identified in "Project Features' section of application 19990306 Correspondence from Susquehanna River Basin Commission dated March 25, 1999. Runoff was calculated for 7 different drainage areas, however, drainage area map provides only show 3. Also label drainage areas on plan. Provide 100-year storm routing to verify adequacy of emergency spillways. Concerned with secondary discharge path from Pond 2 flooding the cartpath access/egress under Rich Valley Road. During storm events this condition may encourage crossing at other locations along Rich Valley Road, also concerned with high frequency storms discharging through a travel way. Applicant agreed to install an additional drainage structure under Rich Valley Road subject to the design approval by the Township Engineer. Letterman, Inc. September 14, 2001 Page 4 18. Provide a complete Stormwater Management Report. 19. Specify pipe material on profiles. 20. Plan and report are not consistent with regards to Pond No. 1 outlet pipes. 21. Dimension emergency spillway width for Pond No. 2. 22. Traffic Study (August 20, 1999) A. According to the TIS, the intersection of Rich Valley Road and Carlisle Pike meets traffic signal warrants. Per condition 5 of final decision of the Board of Conditional Use, the Developer will be responsible for installation of signals at this intersection. H.O.P. and Signal Plans must be submitted for Township and PennDOT approval. B. Due to the nominal change in Level of Service (L.O.S.) realized at the following locations, no single improvement can be provided to restore L.O.S. for each intersection noted, therefore, no improvements proposed by Developer: 1. Rich Valley Road and Skyline Drive 2. Rich Valley Road and Pennsway Road 3. Rich Valley Road and Willow Mill Park Road 4. Rich Valley Road and Ridge Hill Road 5. Rich Valley Road and Wertzville Road 23. A Highway Occupancy Permit must be obtained for all work proposed within PennDOT right-of-way (e.g. cart crossings, access improvements). 24. All conditions of Conditional Use must be met. 25. Subdivision Plan must be approved and recorded prior to recording this plan. Letterman, Inc. September 14, 2001 Page 5 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. General permit required for intake from Conodogninet Creek. H.O.P. plans must be included in plan set. Concerned with glare from driving range onto 1-81 and lands to the south. Note on plan that all lighting shall be shielded to prevent glare on adjacent roads and properties. Provide details of proposed water intake in Conodoguinet Creek. Provide water consumption records required in "Findings" Section by SRBC, March 25, 1999 correspondence and/or receive copies of correspondence and consumptive use reporting. Provide proof from D.E.P. that Developer is able to modify existing pond without need of permitting. Add painted stop bars to parking area. Provide "one-way" sign in addition to "do not enter" sign. Provide most current revision date on all sheets of set. That ail water to be used for irrigating the golf course must be drawn directly from the Conodoguinet Creek in accordance with the rules and regulations of any agency having jurisdiction over said Creek and its water, and that no water shall be used from wells on the Subject Property for irrigation. That the lights for illuminating the proposed driving range must comply in all respects with the Township Subdivision and Land Development Ordinance and Zoning Ordinance. That the lights for illuminating the proposed driving range must be extinguished at 9:30 o'clock P.M., prevailing time. That the Applicant shall provide a comprehensive traffic analysis of the intersections of (a) Rich Valley Road and Wertzville Road, (b) Rich Valley Road and Carlisle Pike, and (c) Rich Valley Road and all Feeder Streets located between (a) and (b), in order to identify and fund road improvements needed to address the increase of traffic volume caused by the golf course use. Letterman, Inc. September 14, 2001 Page 6 39. 40. 41. 42. 43. 44. 45. That if warranted by PennDOT, Applicant shall provide the funds necessary to improve the roadway and install electric traffic signals at the intersection of Rich Valley Road and Carlisle Pike. Applicant's funding requirements shall be reduced by the amount, if any, of prior developer-contributions made specifically for such purpose at said intersection.. That except for an outside entrance canopy, the proposed adaptation of the barn structure nearest Rich Valley Road denoted for clubhouse purposes must be limited and confined to the existing interior dimensions (width, length, height, area and volume) of said structure and within the "footprint" thereof. That restaurant and dining facilities of the clubhouse shall not be used for banquet purposes except in conjunction with principal golf-related activities on the day of said activities. That the portion of the golf course on the southeast side of Rich Valley Road shall be substantially completed before commencing the construction of any structures in the Residential Subdivision. That the proposed office use of the existing dwelling house on the Subject Property shall be limited to the immediate business of operating the golf course and shall not be used by or for any other enterprise. That any use of the floodplain area of the Subject Property shall be in strict compliance with all regulations oft}tis Township, the Commonwealth of Pennsylvania and of the United States or any of their agencies having jurisdiction, applicable to such floodplain use and preservation. That the Applicant's commitment to the reverter condition made in the rezoning proceedings is hereby extended and made a continuing condition of this decision. Letterman, Inc. September 14, 2001 Page 7 If you have any questions, please do not hesitate to contact Mr. Kelly K. Kelch, Assistant Township Manager. Sincerely, William S. Cook Township Manager WSC/ksd CC: Mr. Kelly K. Kelch, Assistant Township Manager Mr. James E. Hall, Zoning Officer Mr. Mark B. Bruening, P.E., Township Engineer Fisher Mowery Rosendale and Associates, Inc., Applicant's Engineer Mr. Steven Fishman, Esquire EXHIBIT "F" o~t~.~l ~z~zw33~o~ AU~IIN t~NTALS PAGE 01 SILVER SPRING TOWNSItIp W~Vn~ M. Pech~, Chairman Jan N. I~Blanc William C. Ihmn Maria L. Lewis KNI~ORCTEMKNTNOTICF~ O1~ ¥1OLATION DATE: TO: September 14, 2001 Letterman~ lna~porated Arm: Mr, Jeffrey Austin 716 North Cnrlisl~ PA 17013 l~Cla~Matl 190 Rich Valley Road Mechanicsbm'lb PA 17050 Tax. Parcel Numl;~r #38-06:-0013-072B YOU ARE HEREBY NOTIFIED timt you ~c in violation of Silver Spring Township Storm Water Managemem Ordinance of 199,5. Section 301 in the following ~: C. mlding, filling and other excavation without a pennic YOU ARE HEREBY FURTHER NOTIFIED that you must immediately cease and d~sist ~ filling and. otl~r excavation un~ a pemRt is obt~tn~ You n~st ~l~tl~ necessar~ :, · ~.~mp~-t~d immediacy. ,, Page 2 ~ person who slml] violate any of the ~ (if this. Ot*dinmlgg, comply with any w,;ii~ notig~, from Si~.Spring In addition, the Township may institute injunctive, or any othe~ ap~rop~ate a~o~ o~. preceding of law orin ~ fat the enfotccngnt o£~t~isOrdinance.. Any~ut ~l~comL~cnt ~upervisors wi~n twenty (20) days of ttmt ac~im~ 301.SWFLD Ordinance ~' ~995 Board of Supervisors Mr. Wifliam S. Cook, Township Mr. Kelly K. Kelch, Assistnnt Township Manage~ Mr. Stcven A. Stine, Esquire, Township Solicitor ARTICLE SECTION ~01 ~ SF~q'ION 3'02 ~ A L~d Disturbance Activity, as dermal in ~i$ O~e, ~t ~ i~tia~d until a Sm~ Wat~ M~gement P~t has b~n issue. All ap~aiom ~r a Sw~ Wat~r~t.P~. ~ a~vi~ ~ p~l~ pl~ ~er ~e ~vision snd ~d D~elop~ ~e. The Town~hip shall forward dte application to the Township En~neer for ~iew. The Towr~hlp-designeted representative shall, within sixteen (16) days from the municipal receipt of an application, issue a ,permit (see Appendix Ho. 4) Or disapprove the application and transmit the decision in writin~ to thc applicant and the Township Board of Supervisors. Failure of the Towmhip Engineer to render a decision and communicate il as preach'bed above shall not be deemed an approval. SECTION 303 A notice of disapproval shah cite the rcasom for disapproval. 303.01 · An application for a Storm Water Management Permit for a Minor Land Disturbance, as defined in this Ordinance, shall include one (I) completed copy of tho Application for a Minor Land Disturbance (see Appendix No. 1) and filh~$ fee in the LETTERMEN, INC. Plaintiff SILVER SPRING TOWNSHIP, BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP, and JAMES E. HALL, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW PROPO~SED ORDER AND NOW, this ~_~day o~'-~Z~ta~ 2 ~-,.~p-~tt~ 001, a heating is hereby scheduled at a,m./p.m, on the ~/ _ day of~, 2001 for consideration &Plaintiff Lettermen, Inc.'s request for peremptory relief pursuant to Pa. R.C.P. 1098. LETTERMEN, 1NC. Plaintiff SILVER SPRING TOWNSHIP, BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP, and JAMES E. HALL, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. C,t.-. : : CIVIL ACTION - LAW cc.~ ~::~ MOTION FOR PEREMPTORY RELIEF ~ ~ -~ PURSUANT TO P R.C 1098 r-~, ~ AND NOW, comes the PlaintiffLettermen, Inc., by and through its cound~J [$alz&%,,,, :~ DePaulis, Fishman & Morgenthal, P.C., and files this ' · - ~ -"~ Motion for Peremptory Rehef-~ursfira~t toq Pa.R.C.P. 1098 as follows: 1. PlaintiffLettermen, Inc. (hereinafter "Plaintiff') has filed a Complaint in Mandamus against Defendants Silver Spring Township, Silver Spring Township Board of Supervisors, and James E. Hall. A copy of said Complaint is attached hereto and incorporated herein as Exhibit "A". 2. Plaintiff's request for peremptory relief should be granted as Plaintiff's right to relief in the form of issuance by the Defendants ora Storm Water Management Permit as set forth in the aforementioned mandamus action is clear. 4. Defendants have a legal duty to issue the Storm Water Management Permit to Plaintiff. 5. Plaintiff has relied upon the representations made by Defendants acting through their authorized agents and representatives to Plaintiff's substantial detriment and harm. 6. Plaintiff has expended considerable sums and significant resources to mobilize equipment and materials to the site in anticipation of the issuance of said permit in justifiable reliance upon Defendant's representations regarding the issuance of the requested Storm Water Management Permit. 7. In the event that the relief herein requested is denied by this Honorable Court, Plaintiffwill incur significant damages in its ability to move forward with land development activities during the present construction season at substantial cost and harm to the Plaintiff.. 8. PlaintiffLettermen, Inc. is without an adequate remedy at law. WHEREFORE, Plaintiff Lettermen, Inc. prays that this Honorable Court grant its request for Peremptory Relief and direct Defendants Silver Spring Township, the Board ofSu ervi Spring Townshit~, and T .... t, .... P sors of Silver ..... ,~ ~c. mall to issue a Storm Water Management Permit to Plaintiffwith an award of costs of action and reasonable attorney fees to Plaintiff; or, in the alternative, Plaintiff requests this Honorable Court to schedule a prompt hearing on Plaintiffs request for peremptory relief. Respectfully submitted, Salzmann, DePaulis, 12~'C' Anthony J. Nestico, Esquire Attorney ID No. 58868 Counsel for Plaintiff 455 Phoenix Drive, Suite A Chambersburg, PA 17201 (717) 263-2121 _CERT__IFICATE OF SERVICE I hereby certify that on the ~.~."]4~ay of September, 2001, I served a true and correct copy of the foregoing Motion for Peremptory Relief Pursuant to Pa.R.C.P. 1098 via United States mail, first class, postage prepaid, on the following: Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17050 James E. Hall, Zoning Officer 6475 Carlisle Pike Mechanicsburg, PA 17050 Board of Supervisors of Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17055 Salzmann, DePaulis, Fishman & Morgenthal, P.C. LETTERMEN, INC., Plaintiff Vo SILVER SPRING TOWNSHIP, BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP, and JAMES E. HALL, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : : NO. : : : CIVIL ACTION - LAW NOTI~CE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days atler this complaint and notice are served, by entering a whtten appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 LETTERMEN, INC., Plaintiff Vo SILVER SPRING TOWNSHIP, BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP, and JAMES E. HALL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW A~VISO USTED HA SIDO DEMANDADO EN LAW CORTE. Si usted desea defendrse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia esrita en persona o por obogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y law Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclarnado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER D/NERO O PROPIEDADES ld OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA AGAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 LETTERMEN, INC. Plaintiff SILVER SPRING TOWNSHIP, BOARD OF SUPERVISORS OF SILVER' SPRING TOWNSHIP, and JAMES E. HALL, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : : NO. : CIVIL ACTION - MANDAMUS COMPLAINT IN MANDAMUS AND NOW, comes the PlaintiffLettermen, Inc., by and through its counsel, G. Bryan Salzmann, Esquire and Anthony J. Nestico, Esquire of the law firm of Salzmann, DePaulis, Fishman & Morgenthal, P.C. and files this Complaint in Mandamus as follows: 1. The Plaintiff Lettermen, Inc. (hereinafter "Lettermen") is a Pennsylvania corporation engaged in and conducting business in the Commonwealth of Pennsylvania with an address of 716 North West Street, Carlisle, Pennsylvania 17013. 2. Defendant Silver Spring Township (hereinafter "Township") is a municipal corporation organized pursuant to the laws of the Commonwealth of Pennsylvania as a Township of the Second Class in Cumberland County, Commonwealth of Pennsylvania (hereinafter "Township") with an address of 6475 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050-2391. 3. Defendant Board of Supervisors of Silver Spring Township include the current duly- elected supervisors comprised of the following members: Wayne M. Pecht, Jackie Eakin, Jan N. LeBlanc, William C. Dunn, and Maria L. Lewis (hereinafter "Township Supervisors") who collectively have a business address of 6475 Carlisle Pike, Mechanicsburg, Cumberland County Pennsylvania 17050-2391. 4. Defendant James E. Hall is an adult individual who is employed by Silver Spring Township serving in the position of Zoning Officer with a business address of 6475 Carlisle Pike, Mechaxficsburg, Cumberland County, Pennsylvania 17050-2391. Defendants Silver Spring Township, the Board of Supervisors of Silver Spring Township, and James E. Hall shall hereinafter be collectively referred to as "Defendants". 5. Defendant James Hall's job duties include, among others, the issuance of permits on behalf of Defendant Board of Supervisors of Silver Spring Township, including the issuance of storm water permits pursuant to the Township's Storm Water Ordinance. 6. PlalntiffLettermen, Inc. owns property in Silver Spring Township and has submitted certain subdivision and land development plans to Defendants to permit development of the aforesaid property to develop a golf course with related facilities in Silver Sphng Township, Cumberland County, Pennsylvania. 7. Silver Spring Township has adopted an ordinance entitled the Silver Spring Township Storm Water Management Ordinance of 1999 (hereinafter referred to as "Storm Water Ordinance"). A Copy of said Ordinance is attached hereto and incorporated herein as Exhibit "A" 8. Section 302 of the Storm Water Ordinance mandates that Defendants take act'on on a Storm Water Management Permit application in conjunction with a Preliminary Plan unler the Subdivision and Land Development Ordinance. 9. On or about July 10, 2001, PlaintiffLettermen filed a formal application with Defendants for a storm water permit. (See Application for Storm Water Management Permit attached herein and incorporated hereto as Exhibit "B"). I0. On July 13, 2001, Defendants, by and through their agents, notified Plaintiffby a letter that the application was "incomplete" citing only the lack of a National Pollutant Discharge Elimination System ("NPDES") permit issued by the Cumberland County Conservation District. (A copy of said letter is attached hereto and incorporated herein as Exhibit "C"). I 1. On August 29, 2001, Ryan Rhodes of Pennoni Associates, Defendant Township's Engineer, advised Plaintiff's representatives that the County Conservation District approval of an NPDES permit was the matter preventing issuance of a Storm Water Management Permit and directed Plaintiff's representatives to provide a copy of the NPDES approval via facsimile to Defendants and also advised Plaintiff's representatives that upon receipt of said NPDES approval Defendant Hall would issue the Storm Water Management Permit to Plaintiff. 12. On numerous occasions prior to September 14, 2001, other representatives of Defendant Township continually assured Plaintiff that Defendants would issue the Storm Water Management Permit to Plaintiff as soon as the NPDES permit was received from the Cumberland County Conservation District. 13. Based upon the representations made by Defendant Township and Defendant Township's authorized representatives concerning issuance of the Storm Water Management Permit, Plaintiff expended considerable sums and incurred significant expenses to mobilize equipment and materials to the site to begin earthmoving operations in a timely fashion. 14. On September 4, 2001, the Cumberland County Conservation District issued the NPDES permit to Plaintiff Lettermen and upon receipt of said approval, said approval was immediately transmitted to Defendants. (A copy of the NPDES approval is attached hereto and incorporated herein as Exhibit "D"). 15. On September 14, 2001, Defendants "reapproved" Plaintiff's Preliminary Land Development Plan and "reapproved" PlaintiWs Final Subdivision Plan. (Said reapprovals are attached hereto and incorporated herein as Exhibit "E"). 16. Defendants have failed to issue a Storm Water Management Permit to Plaintiff despite requests therefore and continue to refuse to issue said permit. 17. On September 11, 2001, the Township's engineer, advised Plaintiff that a Storm Water Management Permit would not be issued because Plainfiffhad not received a Dam Safety Permit from the Pennsylvania Department of Environmentai Protection (hereinafter "DEP") for a certain irrigation pond as shown on the aforementioned Land Development Plan. 18. By letter dated September 14, 2001, Defendant James E. Hall issued a cease and desist order to Plaintiff Lettermen requiring all grading, filling, and other excavation at the site to cease until a Storm Water Management Permit had been issued by Defendant Township. (A copy of said Notice of Violation is attached hereto and incorporated herein as Exhibit "F"). 19. Plaintiff Lettermen has submitted all information legally required by the Township's Storm Water Management Ordinance. 20. There has been and is a legal duty on the part of Defendant James E. Hall, Township zoning officer, to take such action as to issue the Storm Water Management Permit to Plaintiff Lettermen. 21. There has been and is a duty on the part on the part of the Defendants Township and Township Board of Supervisors to direct Defendant James E. Hall to issue a Storm Water Management Permit to Plaintiff. 22. Defendants have failed to carry out the duties of their offices and administration of their offices with prejudice and harm to Plaintiffin failing to issue the requested Storm Water Management Permit. 25. A dam safety permit (which is a Pennsylvania Department of Environmental Protection permit) is not legally required for Plaintiff's construction activities. 26. The construction of the irrigation pond for the golf course which includes a dam is not part of and does not function as a part of the overall storm water management system during construction activities involving Plaintiff's development process. 27. Defendants have no valid reason or basis for their unwillingness and failure to issue a Storm Water Management Permit to Plaintiff. 28. PlaintiffLettermen's entitlement to the issuance of the Storm Water Management Permit is clear. 29. PlaintiffLettermen has no other adequate remedy at law. WHEREFORE, PlaintiffLettermen prays that this Honorable Court grant judgment in mandamus, directing the Defendants forthwith to issue to PlaintiffLettermen a Township Storm Water Permit, together with the Plaintiff's costs of this action and reasonable attorney fees. Respectfully submitted, Salzmann, DePaulis, By: ~ x~, Attorney ~'-'~o. 61935 ' ~ ~-; Anthony J. Nestico, Esquire Attorney ID No. 58868 Counsel for Plaintiff 455 Phoenix Drive, Suite A Chambersburg, PA 17201 (717) 263-2121 VERIFICATION I verify that all the statements made in the foregoing Complaint in Mandamus are true and correct to the best of my knowledge, information and belief, and that any false statements made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. LETTERMEN, INC. BY: jeffre~ A~ il~ EXHIBIT "A" SILVER SPRING TOWNSHIP STORM WATER MANAGEM-~NT ORDINANCE OF 1999 CUM]~ERLAND COUNTY, PENNSYLVA~NriA SILVER SPRING TOWNSHIP MUNICIPAL DIRECTORY Wayne M. Pecht, Chairman Maria Lewis, Vice-Chairman William C. Dunn Jan N. LeBlane Jackie Eakin Steven B. Deck, Chairman Karen W. Karkuff, Vice-Chairman Dennis J. Red Ken Secrest R. C. Sherwood Ray Brown Art D'Agostino William S. Cook, Manager Kelly Kelch, Assistant Manager James E. Hall Mark B. Brucning, P.E. Pennoni Associates, Inc. 704 Lisbum Road · Camp Hill, PA 17011-7400 Sev,'aee Enforcement OffiCeF Gary Morrow 129 S~ate Road Mechanicsburg, PA 17055 Solicitor Richard C. Snelbaker, Esquire Snelbaker, Brenneman & Spare, P.C. 44 West Main Street Mechanicsburg, PA 17055-0318 SIL5rER SPRING TOI,I~TSItlP MUNICIPAL OFFICE 6475 Carlisle Pike Meehanicsburg, PA 17055 Telephone: (717) 766-0178 FAX: (717) 766-1696 Hours: 8 A.M.-4 P.M., Monday-Friday TOWNSHIP OF SILVER SPRING CUMBERLAND COUNTY, PENNSYLVANL-~ ORDINANCE NO. 99-8 AN ORDINANCE BY THE BOARD OF TOWNSHIP SUPERVISORS IN AND FOR THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA, CONCERNING THE MANAGEMENT OF STORM WATER RUNOFF WITHIN SAID TOWNSHIP; STATING PUBLIC pLrRPOSES AND INTENTIONS; DEFINING TEP~MS; CREATING RULES, REGULATIONS AND CRITERIA FOR SUCH MANAGEIVIENT, INCLUDING THE DEVELOPMENT OF PLA_NS AND STUDIES; REQUIRING PERMITS AND INSPECTIONS; PRESCRIBING DESIGN STANDARDS; ESTABLISHING ADMINISTRATIVE PROCEDURES; PROVIDING ENFORCEMENT REMEDIES ~AND PENALTIES. BE IT ENACTED AND ORDAINED, and it is hereby enacted and ordained by the Board of TownShip Supervisors in and for the Township of Silver Spring, Cumberland Count-. Pennsylvania, as follows: ARTICLE I SECTION 101 SECTION 102 SECTION 103 SECTION 104 TABLE OF CONTENTS GENERAL PROVISIONS 'ITrLE ...... . ....................................... 1 STATEMENT OF FINDINGS ....... PURPOSE .......................................... 1 ADOPTION-AUTHORITY-APPLICABILITY .................. I ARTICLE H SECTION 201 SECTION 202 SECTION 203 DEFINITIONS ............................................ 3 GENERAL ......................................... 3 GENERAL TERMS ........................... ~ ....... 3 SPECIFIC TERMS ............................. 3 C~ ARTICLE III SECTION SECTION PEP~HT PROCEDURES AND REQUIREMENTS ..... 7 301 GENERAL 302 APPLICATION PROCEDURE ............................ 7 SECTION 303 303.01 303.02 SECTION 304 304.01 304.02 304.03 304.04 SECTION 305 SECTION 306 306.01 SECTION 307 SECTION 308 SECTION 309 SECTION 310 SECTION 311 APPLICATION REQUIREMENTS ......................... 7 Minor Land Disturbance ............................ 7 Major Land Disturbance ........................... 8 STORM WATER MANAGEMENT PLAN CONTENTS ......... 8 General Existing Features ................................ 9 Proposed Features ............................... 10 Written Report and Calculations ...................... 11 MODIFICATION OF PLANS ............................ 13 WAIVER AND APPEAL PROCEDURE .................... 13 Application Procedures (Waiver-Appeal) ................. 13 EXPIRATION OF A STORM. WATER MANAGEMENT PERMIT SCHEDULE OF INSPECTIONS ........... : .............. 14 PERFORMANCE GUARANTEE LIABILITY ......................................... 15 MAINTENANCE GUARANTEE .......................... Silve~ Spring Township Slorm Wa~er Managemen Ordinance . Table of Coments. i SECTION 312 SECTION 313 AS-BUlL'1 "' ANS PAYMENT' ~N LIEU OF STORM WATER MANAGE~ '~T FACILITIES ............................ 16 ARTICLE IV SECTION SECTION 40g 402.01 402.02 402.03 402.04 402.05 402.06 402.07 402.08 402.09 402.10 402.11 402.12 402.13 402.14 402.15 402.16 402.17 402.18 402.19 402.20 DESIGN STANH)/. :: ............. .......... 18 GENERAL ~IGN STANDARDS ............... !DARDS ..................... 18 DESIGN ......... p~. :-, velopment vs. Post. Development ........ 19 Da '? Storm For Collection Facilities ........ 19 M~. ,,-; of Calculataons ............... 19 and Assumptions .......... 19 Ct' ~,' ;.,, Methodology ...... Ccc: :ration with Adjacent Lands ............... . .... 20 Stom~ Water Basins ....... ~ ................. 21 ,.,,trv".,vater Recharge System .... ' .... 21 Ea *~' :ill Dams .......... 22 Ca, ;:s ............................... ; ' ' 22 Std ':: "rater Flow Along Streets and Access Drives ....... 23 Ma ,i!v:,' Locations ............ . .... 23 M!~i::: :n Pipe Size ............ . ....... i Specifications ................... 23 Su' ',c: Flow Characteristics .............. 24 Ph:.sing Plans ........ 24 Erosio~l and Sedimentation ................ . ........ 25 Floodplain ...................... 25 Easements .... nanee of Storm Water 25 Ownership and M~lnte, ......... Management Facilities .................. ARTICLE V sECTION 501 501.01 501.02 501.03 501.04 SECTION 502 SECTION 503 sECTION 504 sECTION 505 SECTION 506 ADMINISTRATION ....................................... 2'/ REMEDIES ..................... .... 27 Suspens;on of a Storm Water Management permit ...... 28 Revoke 'a Storm Water Management Permit .............. Notification of Suspension or Revocation of a ............. 28 Storm Water Management Permit ...... 28 Civil Remedies ........................ 29 PENALTIEg ........................... APPEAL TO THE SILVER SPRING TOWNSHIP ........... 29 BOARD OF suPERVISORS ................. 29 INSPECTION OF PROPERTY ........................... SEVERABILITY ........................... cOMPATIBILITY WITH oTHER PERMITS 30 AND ORD?NANCES .................................. ~ECTIO~ 507 SECTION 508 SECTION 509 SECTION 510 MUNICIPAL LIABILITY ...................... , ..... .... 30 SAVINGS PROVISIONS FOR MATTERS IN PROCESS ........... 30 RELATIONSHIP TO OTHER ORDINANCES .................. 30 ADOPTION AND EFFECTIVE DATE ..................... 30 APPENDICES APPENDIX NO. I APPLICATION FOR A STORM WATER MANAGEMENT PERMIT- MINOR LAND DISTURBANCE .................. 32 APPENDIX NO. 2 APPENDIX NO: 3 APPLICATION FOR A STORM WATER NL~\'AGEMENT PERMIT- MA/OR LAND DISTURBANCE .................. 34 STORM WATER. MANAGEMENT PLAN CERTIFICATE ........ 35 APPENDIX NO. 4 STORM WATER MANAGEMENT PERMIT ................. 36 APPENDIX NO. 5 STANDARD COMPUTATION TABLE ..................... 37 Silver Spring Township S£om~ Water Management Ordinance Table of Contents - iii ARTICLE I CcENERAL PROVISIONS SECTION 101 ~ SECTION 102 This Orditiance shall be known and may be cited as the "Silver Spring Township Storm Water Management Ordinance of 1999." STATEMENT OF FINDINGS The Board of Supervisors of Silver Spring Township fmds that inadequate management of storm water runoff increases downstream flooding, eroding and/or silts stream channels, pollutes water, overloads existing drainage facilities, and reduces the groundwater table. SECTION 103. A comprehensive and reasonable program of storm water management regulations is fundamental to the public health, safety, and welfare and to the protection of the citizenry .and environment. PURPOSE The purpose of this Ordinance is to promote the public health, safety and welfare by minimizing the problems described in Section 102 of this Ordinance by provisions designed to: a) Manage storm water runoff, soil erosion and sedimentation, both during and upon completion of a land dismrhance activity, by regulating activities which cause such problems. b) Utilize and preserve existing natural drainage. c) Encourage recharge of groundwaters. d) Maintain and/or improve the existing flows and quality of streams and watercourses in the municipality and the Commonwealth. e) Preserve and/or restore the flood carrying capacity of streams. Provide for proper maintenance of all storm water management structures. SECTION 104 ADOPTION-AUTHORITY-APPLICABiLiTy The Board of Supervisors of Silver Spring Township pursuant to the Pennsylvania Storm Water Management Act, Act of October 4, 1978, Silver Spi-i~g ~6'.v~lfi~ Sto~ Wai~ ,Ma~,~,i~*,,t ordinance P.L. 864, No. 167, as amended, t.he Pennsylvania IVlumc~pallt~e§ Planning Code, Act of 1ulY 3i~i 1968, P.L. 805, No. 247, re-enacted and amended by Act 170 of 1988, as amended, and the Second Class Township Code, Act 0fMay 1, ~933, P,L. 103, No. 69, re-enacted and attended July 10, 1947 P.L. 1481, No. 567, as amended, hereby enacts and ordains this Ordinance as the Silver Spring Township Storm Water Qrdinance. This Ordinance shall apply to all land disturbance activities as defined in this Ordinance. The standards shall apply to conditions both during and upon completion of a land disturbance activity. Article [ Si vet Spring T0wn~hip storm Water Management Ordinar, ca /LRTICLE ' SECTION 201 SECTION 202 SECTION 203 Words and phrases shall be presumed to be used in ~eir ordinary context unless s~ch word or phrase is defined or interpreted differently within this ,; . In this Ordinance when not inconsistent with the context: ii) Wo~in the preset tense imply ~i~° the fu~re tense. b) The singular,includes the plural. c) The male gender mcludes'thefemale gender. d) e) The term ",~0n",ifl~!udes an indi'~al, parmership, corporation, Um?°rPoriite:d'asSociaflon,' estate, or hn~y 'other legally recognized entity. The term "shall" or "must" is always mandators,' The ~rm "may' is permissive. The following wor~., and phrases shall have the particular meaning assigned by this section of this Or.d. inanc& Addi~toa. ally, the word~ and phrases which are:used in this Ordinance and not d~i~d below shall have the meaninga~signed byr [he Silver Snring T0Wnshln .~:,ha;vi~ic,,, and Land Development Otilimmce. ~ - The tilling of the soil, th~ raisin~, of crops., forestry, homculmre and gardening, including'the,keep~g 6~' tia~sing of livestock, such as cattle, cows, hogs, horses, sheep, goats, poultry, rabbits, birds, fish, bees and other similar animals. ~ - The Board of Supervisors of the Township of Silvel: spring, C~berland County, Pennsylvania. Spring T0wn!lh p Storm Water Manali6fil~t OrdinanCe Article Il - 3 Channel - A natural or artificial'watercourse with a definite bed'and banks which COnfine and ~°fiduet cOntinuously or periodically flowing Culvert - A structure with appurtenant works which carries a watercourse under or through an embankment of fill, ~ - The deliberate appropriation of property by its owner for general public use. ~ - The magnitude of.~reeipitation from a storm event measured in probability of occurrence (e.g., 25-year storm) and duration (e.g., 24-hour storm) and used in computing storm water management control systems. A reservozr which temporarily contains storm water runoff and releases it gradually into a watemOUrse or storm water drainage sYstem. Developer - Anyon~ who undertakes Land Disturbance Activities as defined i~ this Ordinance. ~ - Aright granted by a landoxvner to a grantee, allowing th~ use 0f private :land foe Siorm water management purposes. Erosion - The processes by which soil particles are detached and transported by action of natural forces: 'Floodplain - Any a~e~ specified as,Floodplain ~ the Zoning Ordinance of Silver Spring Township,as amended, and the Flood-prone Area/Floodplain Building Construction Permit Ordinance of Silver Spring Township, as amended. ~ ~ Any material that covers the land which inhibits the percolation of swrm water director into the soil; including hut not limited to bUildhags, pavement, stone areas, and storm water facilities that discharge storm wate~ off the site; :~ Land D,ismrbance Activic¢ ~ Tim use. of hnd~ for activities in the following categories: a) a' ' , The use of land involving (1) Installation of new impervious ,or semi4mpervious surface that is either in excess of five thousand (5,000) square feet or two-thirds (%) of the total lot area, or 4 - Article II Silver Spring Township Storm Wa~er Management O~1 nanc~ C) (2) Diversion. or piping of any natural or man-made watercourse, or (3) Removal of ground cover, grading, ~ling. or other excavation in excess of five ($) acres, except for the agricultural use Of land When operated in accordance with a farm conservation plan approved by the Cumberland County Conservation District. b) Minor Land Disturbance. The use of land involving: (I.) The installation of new impervious or semi-impervious surface between two thousand (2,000) and five thousand (5,000) square feet, or (2) Removal of ground cover, grading, f'flling or excavation between five thousand (5,000) square feet and five (5) acres, except for the agricultural use of land when operated in accordance with a farm conservation plan approved by the Cumberland County Conservation District. For the purpose of defining minor and major land disturbances, area calculations are cumulative. aP, r~;hlr~ - The maximum rate of flow of water at a given point and time resulting from a specified storm event. Retention Basin - A reservoir designed to retain storm water runoff with its primary release of water being through the inf'fltration of said:.,water into the ground. ~f, dillZ~lg~12ul~ - A reservoir designed to retain sediment. Semi-impervious Surface - A surface such as stone, rock, or other material which prevents some percolation of water into the ground. S_Lo. rlg_$_~- A system of pipes, conduits, swales or other similar structures, including appurtenant works, which carries intercepted runoff, and other drainage, but excludes domestic sewage and industrial waste. Storm Water Management - A program of controls and measures designed to regulate the quantity and quality of storm water runoff from a development while promoting the protection and conservation of groundwaters and groundwater recharge. Storm Water Management Facilities: Those controls and measures (e.g., storm sewers, berms, terraces, bridges, dams, basins, infiltration Silver Spring Township Storm Water Management Ordinance Ardcle II - $ systems, swales, Watercourses, and floodplains) used to effect a storm water management prog~m~~ Storm Water RunOff. Drainage runoff from the surface of the land resulting from p~ecipitation or snow and ice melt. Township- Silver. STring Townshipl Cumberland County, Pennsylvania. Watercourse - A perman~n~ 9r intermittent s~ream, river, brook, creek, run, Channel, swaie, pon~ iake, or Other body of water, whether natural or man-made, for gathering or Carrying surface water. 6 - Article II Silver Spring Towmhip Storm Water Management Ordinance ARTICLE IH PERMIT PROCEDURES AND REOUIREMENTE SECTION 301 ~ A Land Disturbance Activity, as defined in axis Ordinance, shall not be initiated until a Storm Water Management Permit has been issued. SECTION 302 APPLICATION PROCEDURE All appticat[on~ for a Storm Water M~n~gement Permit, the activity for wiS'ch also Co~fimtes a subdivhion.or .land development, shall be submitted concurrently with all Silver Spring Township Subdivision and .Lam~ Develogment Ordinance applications. ;Applications for Storm Water Management Permits will'be submitfed in conjunction with preliminary plans (when preliminary plans are required). Action on the Storm ~at~r Managem~mt Permit. willtb~ made in conjunction with the preliminary plan under the Subdi~ision'knd Land Development Ordinance. All applications for a Storm Water Management Permit, the activity for which d0~es sot constitute a subd~viai0n or lanctdevelopment, shall conformwi~,the belowprocedures. ~An Application for a Storm Water Management Permit;shall be submitted to the ~OWnShip-designated regrcr~n~ative who has been authotized~tO receive applications at the Silver Spring Tow~ip Building, on any business day. The Township shall forward the application to the Township Engineer for review. The To~xmzhiv-desjgnaled rep. reae, alaXive shall, within sixteen (16) days from rtie mummpaI receipt of ah aOplication, issue a permit (see Appendix No. 4) or disapprove ,the application and transmit the decision in writing to the applicant and the Township Board of Supervisors. Failure of the Township Eagiaeer to render a decision and communicate it as prescribed alcove shall not bedee~aed an approval. A notice of disapproval shall cite the reasons for disapproval. SECTION 303 APPLICATION REOUIREMENTS 303.01 Minor Land Disturbance. An application for a Storm Water Management Permit for a Minor Land Disturbance, as defined in this Ordinance, shall include one (1~ completed copy of the Application for a Minor Land Disturbance (see Appendix No. 1) and filing fee in the Silver Spring Township Storm Water .Management Ordinance Article III - 7 303.02 SECTION 304 304.0t 304.01.1 304.01.2 mounts specified in the gee sghefiule as established by resolution or ordinance of the Eoarcl 0f Supervisors. Major Land Distarbanee. An application for a Storm Water Management Permit for a Land Disturbance Activity, as defined in this Ordinance, shall include the following items: One (1) completed copy of the Application for a Storm Water Manageme~at Permit (see Appendix No. 2). b) Four (4) copies of the Storm Water Management Plan (see, Section 304 for Plan contents). e) Filing fee in the amount specifiea~n the fee schedule as established by resolution or ordinance or,he Board of Supervisors. Performance.bond, w.hen applicable (see Section 309 for specifications). e) Liability has~anee, when applicabie (see Section 310 for specificationS). STORM WATER MANAGEMENT PLAN CONTENTS Storm water manag{~menr plans shall ~ prepared by professionals registered in,tha Commonwealth ofPermsylvania m perform such duties. Designs whiCh,entail engineering expertise Shall b~ prepared by ,engineers with appropriate expertise. The plan shall show. be accompanied.by, or be prepareg in accordance wi/h ,the following: The plan shall be clearly and legibly drawn at a scale of ten (10) feet, twenty.(20) feet, thirty (30) feet, forty (~{0) feet. or fifty (50) feet, to the iaeh. Profile plans Shall. maintain a ratio of 1:10 vertical to horizontal. The sheet size shall be eighteen by'twenty-t~vo inches (18" x 22"). If the plan is prepared in.nvo (2) or more sections, a key map showing the location of the sections shall be placed on each sheet. If more than one (1) sheet is necessary, each sheer shall be numbered to show the relationship to the total number of sheets in the plan (e.g., Sheet I orS); 304.01.3 Plans shall be legible in every detail. 304.01.4 Name and address of landowner, applicant, and individual who prepared the plan. 8 - Article III Silver Spring Township Storm Wa~r .Management Ord{nance 364.01.5 304~01.6 304.01.7 304.01.8 304.02 304.02.1 304.02.2 304.02.3 304.02.4 304.02.5 Plan date and da. te of latest revision to plan, north point, graphic scale and written scale. A lOcation map, droWn to scale, relating the property to at least two (2) intersections of existing road centerlines, including the approximate distance to the intersection of the centerlines of the nearest existing street intersection. Note on plan indicating any area that is proposed to be offered for dedication to the Towmhip. Any area that is easememed and not to be offered for dedication shall be identified along with a statement that the Township is not responsible for the maintenance of any area not dedicated to and accepted for public use. Certificate, signed and sealed by an individual registered in the Co.mmo~twealth 0f, Pe~ylvania and qualified to perform such d~ties, ind~e~ating c0mplianee with the provisions of this Ordinance (see ApPendix No. 3).' Tract boundaries Showing distances, bearings and curve data, as located I~Y field survey or deed plotting, total acreage of tract, and total acreage of project if less than the entire tract. Existing contours, at a ~immum vertical interval of two (2) feet for' 1and. w. ith average natural Slope of four percent (4%) or less and at' a rmmmum vertical interval of five (5) feet for more steeply sloping land, Contours shall be accompanied by the location of the: benelmiark Within or imme6iately adjacent to the subject tract and a notati6n.indicating the datum used. The United States Geodetic Survey shall'be used for benchmark datum. Names of all owners of all immediately adjacent land, names of all proposed or existing developments immediately adjacent, and locations and dimensions of any streets or easements shown thereon. Names, locations.and dimensions of all existing buildings, street rights-of-way, railroads, utilities, watercourses, drainage facilities, floodplains, wetland, on-lot sewage disposal facilities, easements, and other significant features located either within and adjacent to the property or two hundred (200) feet from the property. The size, slope capacity, and condition of the existing storm water management system and any other facility that maybe used to convey storm flows. Silver Spring Township Storm Water Management Ordinance Article III - 9 304.02.6.. 304.02.7 304:02.8 304.03 3O4.03.1 304.0322 Soils types as designated by the U,S. Department ol'Agric~lture, Soil Conservation Service, SoifSurveY of Cumberland County. Designation of the location of on-site and off-site sub,watersheds. Designation of the location of the time of concentration for the on- site and off-site Sub-waterSheds. Proposed Features Pr°posed land %e,;total number Of lots and dWelling units, and extent of commercial, indUStrial Or o/her non-residential uses LOcations and dimensions of ali proposed streets, sidewalks, lot lines, building locations, par~g com.pgunds, imperious and semi-imperviOus~sUrfaces; sani~ se%er facilities water facilities, storm water rn~.~goment faCilifi~s, utilities, and other significant features. This informgtiorl Shall be provided to the detail necessary to comtmct the facilities. 304.03.3 304.03.4 304.03.5 304.03.6 304.03.7 304.03.8 304.03.9 Proposed changes to land surface and vegetative cover including areas to be cut or filled. Proposed Topographical Data, .This information shall be provided by contour lines' indicating the existing and proposed grades of the site. Contour li!les ~ha[l be t~rovidedat~two (2) foojt ~ertical intervals for slO~; of fo~::i~rc~ (4'%);~.~.,.,_. or less; and at vertical intervals of five (~)feet :f6~ i~or~' ~teepl~t sloping land. Plans and profiles.of proposed storm water managemem facilities including horizontal and vertical rotation. Additionally. a detail with all pertinent construction requirements shall be provided for outlet structures. This information shall be of the quality required for the construction of all facilities. The size. slope, capacity, material, elevation, and condition of the proposed storm water management system and other facility that may be used to convey storm flows. This information shall include invert elevations and top of grate elevations. Plans and profiles of all erosion and sedimentation control measures, temporary as well as permanent. Designation of the location of on-site sub-watersheds. DesignatiOn of the location of the time of concentration for the on- site sub-watersheds. 10 - Article llI Silver Spring Townsh p Storm %~ ater Management Ordinance 304.04 304.04.1 304.04;2 304.04.3 304.04.4 Written Report and Ca'lculatidns Calculations; assumptions, criteria, methodology, and references used in the design or. storm water management facilities, the establishment of capacities, and the pre-development and post- development peak discharge. This information shall include data on all sub-waterstieds~ Applicants are encouraged to follow the .Standard Computation Table Provided in Appendix No. 5. · For all basins, a plotting or tabulation of the storage volumes and discharge curves with corresponding water surface elevations, inflow hydrographs, and outflow hydrographs. Soil structUres and characteristics shall be provided for all proposed groundwater recharge systems, and detention or retention basins which (a) hold two (2) acre feet or more of water, or Co) have an embankment that is six (6) feet or more in height. Plans and data prepared by a registered professional experienced and educated in soil mechanics shall be submitted. This data shall provide design solutions for frost heave potential, spring-swell potential, soil bearing strength, water infiltration, soft settling ' characteristics, fill and back-filling procedures and soil treatment techniques as required to protect the improvements or structures. The following requirements apply to all proposed groundwater re. charge methods of storm water management, such as seepage pits, beds, trenches, leaching wells, and cisterns: a) Representative percolation tests must be made throughout the proposed area. At least one percolation test must be included in each soil group and at least one percolation test must be conducted for each five lots proposed for development· Testing, in general, should follow the same gnidelines as though testing for an on-lot septic system. b) Seepage pits, beds or trenches shall not be permitted for any development of more than five lots, without prior approval of the Township. Description of all erosion and sedimentation control measures, temporary as well as permanent, including the staging of land moving activities, sufficient in detail to clearly indicate their function. All erosion and sedimentation control measures shall conform to the requirements of the Pennsylvania Department of Environmental Protection, Soil Erosion and Sedimentation Control Manual. Silver St,ii,is Township Storm ~Vater ,Managemen Ordinance Article nl - 11 304.04.5 304.04.6 304.04.7 Description of an ownership and maintenance program, in a recordabl~t'm, tha~l~arly sets forth the ownership and maintenance responsibilities for all temporary and permanent storm water management facilities which shall include the following: a) Description of the method and extent of the maintenance requirements. b) Identification of an individual, corporation, association or other entity responsible for ownership and maintenance. c) When maintained by a private entity, a copy of the legally binding document which provides that the Township shall lmve the right'to: (1) Inspect the facilities at any time. (2) (3) Require the private entity to take corrective measures and assign the private entity reasonable time periods for any necessary action. Author~e maintenance to be done by the Township or an agent or contractor of the Township and the liening of the cost of the work against the properties of the private entity responsible for the maintenance. d) Establishment of suitable easements for access to storm water management facilities. e) When an assignment of responsibility is made to the Township, it must include an acknowledgement of their formal acceptance of the responsibility. This document shall be recorded in the Office of the Recorder of Deeds for Cumberland County upon issuance of a permit. In all cases, the documem shall b~ recorded prior to the initiation of construction and be fully effective at the post-construction period. A Pennsylvania Department of Transportation Highway Occupancy Permit for any storm water management facility proposed within the right-Of-way of any State road. Acknowledgment that a NPDES, DEP permit or other s0il erosion and sediment pollution control approval is not required by law, or if such approval is required by law, then a true and correct copy of such approval shall be provided to the Township. 12 - Articlo III Silver Spring Township Storm Water Management Ordinance 304.04.8 Notification of approval from the applicable State and Federal agencies for any proposed encroachment into the wetland. ' 304.04.9 A' schedule for ~nstalhtion of the control, measures and devices. In all cases, the proposed storm water raafiagement devices must be completed prior to'the Construction of additional impervious areas. SECTION 305 MODIFICATION OF PLANS SECTION 306 :' A modification of an approved Storm Water Management Plan shall req .. e a n,w x ept at thL 0 s p _nsineer may authorize moamcation proviaed that such mod~fication~ a0'~ot (I) alter the storm .w. ater management facilities in a manner which significantly affects the uischarge Of storm ~ater.to an adjacent p~,0pe~y, or (2) significantly relocate a major storm water management facflitywithin the project. AND APPEAL 306:OI results. The provisions of ~is Ord~se ar,e intended as minimum standards for the protection of tie pUblie~gl~, safe~ a~l w~i/'are The Boai~ oP SupervLsors may ~ ~ mandatory provisi6ns of the f will not,constitute a (1) that a particular aflow for equal or better 306~:01.1 306.01.2 A to the Township shall be made in writing f the ordinance or decision which is requested for waiver or appeal, (2) the proposed alternative to the requirement, when applicable, and (3) justifications for an approval of the waiver or appeal. The Towmhip shall (1) schedule the request for consideration by the Board of Supervisors at a public meeting within sixty (60) days of receipt and (2) provide adequate notice to the applicant and any other involved parties of the meeting at which consideration of the request is scheduled. 306.01.3 The Board of Supervisors shall, following the consideration of the 'r~quest, ~e such public a~fi~'as it shall deem advi · ,, . ~ ;, ~ sable and n0t~fy ail mvotved P~es Wi~ twenty (20) daYs of the~action. Such notice shall cite the findings and reasons for the deposition of the waiver or appeal. Silver Spring T0wnslt[p~Stonn Water Management Ordimnce Article III - 13 SECTION 307 ? EXPIRATION OF( A ,$~RM WA~R MANAGEMENT PEk. All Storm Wat6~i~l~ Permits sh~l expire ~elw (12) mon~ ~om~e~e 0fiss~Ce~x~ionof~e is approved. An eXte~op 0f ~ un~"SI0~ Wat~ Management Pe~it s~ll ~e ~ued by ~e Township Engimer fo!~w~g ~e sub.sion of a wrmen ~que~t if, in ~e op~on of ~e Tow~p Eng~er, ~e fo~ow~g ch~acterisfics are pr~nt: (1) ~ sub, ct pto~ or ~e~ed Su~ound~g area ~s not b~en alfred ~ a m~er w~ch r~qUir~s alrera~o~ ~ ~ Sto~ Wa~ M~g~nt pl~, ~d (2) ~ ~e case where ~bs~ ~provem~h~ha~e ~t,bee~ ~mple~d, ~y new s~fd WOuld not alter ~e appli~fion, ~e re~s~ of ~ extemion of ~e sh~i ci~ ~e remora for such A Storm.,~r Management ,Permit shall I)~,,expire whileed: request for an extenSiO~ iS pending. ~;CHED~LE OF, Ir~pectio~ shall be r~quired~Pfio~ t~ th~ ~ta't):of e°nstruction; during ' ,ms, '~dlafi~ 6t?~-gt~rials ~ S~9~res, and ~on .th,e completion Of all improv~mE,ntS, ~ior to th~ inifi.,a'~ion o! comtn~ction, the developer shall arrange, a ~te'~0mtruc~n ~ei!inl~ wi~,,the To~p EnSineer so that an insPecti0n scheduie ca ~e coordinated wia ~ consll'uition schedule. The Township Engineer shall be notified'tWO (2) working days in adva~c~ of any intend,~t!,ate of cons ,i?!00~. he~rovisions stated hereh{ sfiaii notbe c0ns~ed as mandating Plriodi~ inspections and the un.d~..l-t~,' g of t~eri~..dic ~pecfi?s sh~ll not be c.,o~ed as an a~ceptanee! (~f ti~e ~bi-k du.~r~ C~ Or as a final los~Ction of the construction, The TO.hip shall lnsp.e, et ~I, phases of the ~d Disturbance ACfiglty inclnding; but not iira~,')!id to, the fqlIOW~g: a) Prior to the start of b) During construction of the pe ,rmanent storm water management facilities at ,such times as specified by the Township~ Upon ~tallation,of permanent storm:water management facilities. Upon completion of any final grading, ~egetarive control measures or other site restoration work done in accordance with the permit. c) d) :~ ~ tpha ' g ph No work shall b~gm on a subsequ n se ~nfil the precedin ase has been inspected and appro~,al has ~been noted on the permit. 14 - Article I11 S vet Spring ToW'Il'Ship Storm ~ater Management O~dina~e . SECTION 309 Any po~on Of the w0rk which does not comply with the approveti plan must he corrected bythe applicant. No work may proceed on any subsequent phase until the required corrections have been made. The Township may, prior to issuing a Storm Water Management Permit, re.ire a Performance Guarantee for Storm wa~tet detention, and/Or retention basin, erosion control facilityi and other drainage facilities which may adversely affect adjacent proPerties, streets or other public improvements. ~ere required, th~:developer shall file with the Board of Supervisors, fin~Oial soeurity in an amotmt sufficient to cover the costs of the storm water management facilities. The admim'stration of the financial security s~ comply with the financial se~rity provisions of the Silver Spring Township SubdiviSion and Land D6velOPment Ordinance of 1994, as amended. SECTION 310 I~ ' ' '~ ce ~of the Perntlt~ ' nor comphance' ~ eith~r ~ssu~ with the provisions hereto or any qonditions i~.posed by the mt~qipality shah relieve any person .fr°m any resPonsibiii~ for damage OtherwiSe imposed by law, nor unpose;any liability upon Silye~ Sprig Township or its officers, :: ppomted professionals, and employees for damages to persons or property. SECTION 311 SECTION 312 Silver Spring Township Storm Wa~er Management Ordinance MAINTENANCE GUARANTEE --., The TownShip may, prior'to issuing a Storm Water management permit, require the applicant to submit a maintenance guarantee for the structural integrity as well as function of any storm water management facility for a term not to exceed eighteen (18) months from the date of acceptance of dedication by the Board of Supervisors. Said guarantee shall not exceed fifteen (15) percent of the actual cost of installation of said improvements and be of the same type of financial seCurity as required in this Article. Upon completion of all required improvements and prior to release of the pefform~e bond the applicant Shall submit an as-built plan · showing the location, dimension and ele~,ation of all storm water managemem facilities. In addition, the plan shall indicate that the resultant grading, drainage structures an~or drainage systems, and erosion and sediment control practices, including vegetative measures, are in substantial conformance with the previously approved drawings and specifications. The applicant's engineer shall certify that the construction of the storm water management facilities were completed in Article III - 15 SECTION 313 313,01 313.01.1 313.01.2 313,01.3 313.01.4 313.01.5 313.01.6 313.02 313.02.1 313.02.2 accordance with the plans and specificatiom as approved by the Township~ Th~p~:~t~e all deviation from the previously approved drawings; T~ee (3) paper copies,of the plan shall be · · submitted to the Township, who shall distribute a paper copy to the Township Engineer and ritahu the remaining copies for the ToWnihip fries. lbA~ENTS~ 'IN LIEU OF STORM WATER MANAGEMENT Where the applications of the standards md requirements of this Ordinance would result in unique and undue ~hardship to a particular person or particular site, Or Where ~e T0wnshiP~ Md Township Engineer ~letermine that the intent of this Ordi~n~e W°ukI better be accomplished; the Township may, in its sOle disct~ti~a; require .the payment of a fee-in- ' lieu of compliance with the prOVisi6ns of this ordinance. In determining Whether a fee may be:im~0sed bY the To,0~zmhip in lieu of compliance with the provisions of this Ordinance, the Township shall consider, xvhere relevant, the following criteria: The amount of impervious area to be added to the site; The relationship of SUch 'imPervious areas to property lines; The area available for onqot storm Water management facilities; The capacity and condition of receiving channels; The location Of existing or propOsed storm ~ ater management facilities which would affect, or be affected by development of the site; Such other information as the person proposing development or the TOWnship may deem relevant. Where it has been determined by the Township that .a fee may be paid in heu of comphance w~th the provmons of this Ordinance, th following procedures shall be followed: The amount of the fee, as established by resolution of the Board of SuperVisors, shall be for each square foot of impervions material to be added to the site. The fee must be paid to the Township prior to issuance of any permlts. 16 - Article III Silver Spring Township Storm Water Management Ordinance 313.0-.o 313.02.4 313.02.5 - All money paid to the TownShip in this manner shall be kept in a capital reserv.e ~ad establiSh;ecl as provided by taw. Money ia such cap~l~e fund ~:~elUSed only for the acquisition of land, construction of facilities, or maintenance of facilities for storm water ,m~agement purposes. Funds collected pursuant to this, section shall be designated as collected from the watershed district in which the proposed -development is to occur. ',Thereafter. monies expended from the ft!n_ ch for storm water'management faoili~ in any one district may not eXczed monies collected from that district. The provisions of ~ regulations g0vetaing the settiag and collection of fees in lieu of construction of facilities shall not be utilized until the l~owmhip has,established a ~apital reserve fund. Silver Spring Township S~orm Water Matmsemeht Otdinan~ Afficle 11I - 17 ARTICL IV DE$IG~. STANDARDS SECTION 401 SECTION 402 402.01 402.01.1 402.01.2 GENERAL DESIGN STANDARDS In. the ~tere,stof reducit~g the total area of impervious surface, preserving ~xisting features which are critical ~o storm water rn~.n~gement, and reduai~g thc ?ncentraflon of storm water flow, the designer should consider imag~tive design concepts and the flexibility provided by the waive~proce~s. Maximum us~ ~hOuld be made off,e, .existing on-site natural and man- made .~torm water man/gement facilities. The management of storm water, both during and upon completion of the disturbance associated'with a land disturbance activity, shall be accomplished in accordance with the standards of this Ordinance. 'DESIGN STANDARD~S The management of storm water, both during and upon completion of the disturbance associated with a land disturbance activity, shall be accomplished in accordance with the standards of this Ordinance. Pre-Development vs. Post-Devel,opment. The peak discharge of the. calculated post-development runoff to an adjacent property shall be based upon the location of the property. The calculated post-development runoff from property located within the Hogestown Run or Trindle Spring Pun Wntersheds shall be consistent with the peak outflow rates specified in the "Hogestown RurdTrindle Spring Pun Watershed, Act 167 Storm Water Management Plan." Areas qf less than 10, ~000~ square feet must meet the 0rovisions of Section 402.0~.2. ~ ~' . ,/ The calculated post-development runoff from property located outside of the Hogestown Run or iTrindle Spring Run Watershed shall be designed so that the peak discharge of the calculated post- development runoff to an adjacent property does not exceed the peak discharge of the calculated pre-development runoff for a Type II storm event. The twenty-four (24) hour rainfall values are as follows: 18 - Article iV S vet Spt ng Township Storm Water .Manaltcmem Ord vance ~Freauency _~l~fal!, ,'" 2 2.9" 10 4.7" 25 5.1" 1~ 6.4" Runoff cal~ulaJions forahe pre- and.post~devel0pm-~-t comparison sh~ll be based uPo~l ~ flow fmm ~ t~v~o (2), ten (10), twenty-five (25), andyne ht~n~red (100) year storm frequency. The peak discharges and · vol}Lm~ 9~,,.rl~. ,qff,~ .~l~d! be ~rm~ by. us,',mg ~ Rational Method for watersli~d~., l~s th~ fifteen (15) ae~e~, a0~,d fole larger watersheds, the latest verii0n,gf~iRelease NO, ~ ~E~an Hydrology for Small Watersheds, or an accepta01e engineering method.4ubject to Township approval. or pre-devel ment co putat~o , all ru~ff coefficients within the p[oject. . s~, ~. bas~ _OE~-~., use.. ~-sit~ laud.,;, me condifiom used th' de~e~ S~fi6~S ~r d~i~g st~~ ~ae~ties sh~l be breed on ex~stmg 1~ 402.02 Design Storm For Col'lecflon Facilities. The d.esign of storm water management collection facilities that service drainage areas within the site-shall ~ based, upon, ~the peak flow fr0ma tnteOty-five (25) year sto.~n frequency event. All de~lo~ t~,~h~l ~l~d~ ~ign provisions ~tha~ allow for the overlarld ~nveya~ of~ P~st development o~e hundred (100) year peak flow~!,~t~r~ugh,,the site without damage t~ any. private or public property. 402.03 Method of Calculations. Runoff calculations for on-s~te storm water onveyance. _..., facihues shall be based. . upon. the .1~. rio,hal Method or an acceptable engineering desig~ roe~od, subject to Township approval 402.04 ,C~!?r!a. ~e, thodol?v a,n~,.As~p,tion'. Apgropriate values for runo~ coefff¢ient~ ~rne of c.0n¢?nr~atic){], the la,esi edition of th6:cbmmoa~e~i~ of Pennsylvania, Deparunent of Transpgrtation Design Martial, Use o£ ather criteria., m~h0dolQgy, assumptions, references, calculation~ metha~ and/~rcomputer modeling may be accepted, provided detailed design inform~ _tion and programming with refereaces are submitted and approved ~y 402.05 Cog(di.~, ~iOi~ ~ith Adiace~t Landn Consideration shall be given to the relatio~.ip or, the ~!abjeet prolmrtyxo the drainage pattern of the watershed. The proposed storm water discharge at the perimeter of the site shah not be beyond the capacity of any existing, immediately Silver Spring Township Storm Water Management Ordinanc~ Article IV - 19 402.06 c0nti~us, storm water maniigement facility into which it flows, unless the existing flowarthe peri~ter of the site already exceeds .the capacity of the existing facilities into WhiCh it flows and the discharge does not alter the calculated pre-development discharge characteristics. S~torm water shall not be transferred from one watershed to another, unless (1) the watersheds are sub-watershads of a common watershed which join together within the perimeter of ~ property, (2) the effect of the transfgr does not alter ~ ,peak tiisc.harg~ 0iitO adjacent lands, or (3) easements from the' affected dow~Stre~ land0wners are provided. ' Stoma water r~n~.~ff from the subj~¢~:~)roi:tt~lily-~hallflow directly into a 'iiaturat watercbu~se Or into an eXistir/g s~6~ ~We~ system, or onto ad. jaeenv properties ht a maimel:' similar to tile runoff characteristics of the pre-deVeloprflent'flow. ~. Retention b~.hts and detentio? basins shall be designed Wifli a m~i~um one (ll"(oot fr?~b0ard al~bve the design e!e~ailon.~f th~ onffhund~c} ~(I00) ~ear wa, tel' stirfaee at the emergency spliiway. 'Addi~na~iy, bligitts shall be designed {o safely discharge the ~I1 106-yoa~ pe~k di~c~'~rge of~a po~. d~Vel~mel~s~c~a event through- an emergency spillway in a manner which will not c nage the integrity of~ basin. Basins shall not he loeate¢ o; er:any exis g'or proposed utility line. ---') Storm water basins located in known sinkhole-prone areas are required to be lined to prev~,infiltratioh iht6 ~e ground, The Modified PULS Method of Calculating routing or an acceptable engineering design method, subject to Township approval, shall be used for detention basins. Basins shall be contracted and maintained tO insure the design capacity after sedimentatio6~has'taken place. Basin discharge 0uii~ts shalt~be designed to release runoff in a condition which~'reflects pre-de~/elopmant characteristics. Basins which are not designed to release all storm water shall be -specifically identified as retention basins or permanent pond basins. All other basins-shall have provisions for de-watering, particularly the bottom, and shag not create swampy and/or unmaintainable eonditinns. Low flow channels shall be used to de-water the bottom of a basin. A minimum slope of two percent (2%) or a paved low flow channel of at least one percent (1%q shall bepi-ovided. Discharge strucm'reS shall be designed to elimiimte' the, possibility (~f blockage during operation. 20 - Article IV Silver Spring Tow~ltip Storm Water Management Ordinance 402.07 402.08 402.08.1 402.08.2 4'02.08.3 402.08.4 402.08.5 402.08.6 402.08.7 402.08.8 Basins which a.re ' ' · loc~ated m or adjacent to a residential zone and viewed bY the Townshtp aS aP°tential haZard to the pubric safety shall be completely surrounded by a fence or wall of not less than four (4) feet in height. The fence or wall shall not have an opening or gap larger than two (2) inches and be Provided with a selfeCt0sing and self-latching gate. Groundwater Recharge System The use df ~roundwater recharge sySte~ Will only be permitted in ~aSes wh~ the applican~ has '~ emonstrated that alternative facfl~tms are not possible and the area is not a known Sinkhole~Prone location. ' ~ ~. Bas, ins which, are designed with earth f~! dams shall be desired by a registered professional eng~eer with experience in earth- filled dams and shall ineorPot:ate the follOWing minimum standards: The maximum water depth (measured from the base to the crest of the emergency spillway) shall not exceed six (6) feet, unless approved by~wmver of the Township. The minimum top width of all dams shall be five (5) feet, unless approved by waiver of the Township. The side slopes of earth fill dams shall riot be steeper than three (3) horizontal to one (1) vertical on both sides of the embankment. Basins without restricted access shall have impoundment areas With side slopes no greater than five (5) horizontal to one (1) vertical. A cutoff'trench of impervious material shall be provided under all dams. All pipes and culverts through dams be reinforced concrete and have properly spaced concrete cutoff collars. All riser pipes shall be reinforced cement concrete. Minimum floor elevations for all structures that would be affected by a basin, otlier temporary impoundments, or open conveyance systems Where ponding may oe~i~r shall be two (2) feet above the I00 year water surface and/or one (1) foot above the 500 year water surface: If basement or underground facilities are propose}l, detailed calculations addressing the'effects of storm water ponding on the strnemre and water-proofing and/or flood-proofing design information shall be submitted for approval. The Township may, upon recommendation of the Township Engineer, impose additional requirements on earth f'fll dam for the safety and welfare of the Township. Silver Spring Township Storm Water M~gement Ordinance Article IV - 21 ~02.09 Capacities~ The capacities of the pipes, gutters, inlets, culverts, but. structures, and ~wal~s s!lall ~i?sider all possible hydraulic conditions. The following ~'~U~Sign standards 402,09.1 Grass ~wales and roadside gutters shall consider both the channel velocity and stability. 402.09.2 The "n" factors m be used for paved or rip-rap swales or gutters shall be based on the latest edition of the Pennsylvania Departuaent of Transportation's Design'Manual, Part 2. Highway Design, Chapter 10. 402.09.3 The "n" factors for corrugated metal pipe shall be based'upon the manufacturer's standard. 402.09.4 The velocity to be used in the designof any piped storm water conveyance system shall be a minimum of two and one-half (2~A) feet per second, 402.09.5 Inlets, culverts, and. b. asin disuse sys.tgms shall be designed for the worst case cov~cliuon. Inlet.caPacity_ ~shall be based on design standar~ provided by latest ediiion of the Pennsylvania Department of Transportation's Design Manual, Part 2, Highway Design, Chapter I0: If acceptable information is not available, inlets in non-ponding areas shall be designed for a maximum capacity of five. (5) cubic feet.per se¢ond.~ Where ponding occurs, inlet capacity shal!..bebase~ oa accepted ~ngineering design practices. Culvert design shall consider either inlet/outlet control or a combination of hydraulic 10s~es through the system, whichever is greater. Basin discharge systems shall be designed to the same standards as culverts. If it cannot be readily determined which hydraulic condition cor~Fols~, the basin discharge rate shall be based on the highest possible discharge rating curve with the basin capacity sized to store the excessive storm runoff based on the lowest possible discharge rating curve. 402.10 Storm Water FIow Along :Streets and A~eess Drives. Inlets shalt be along tho.curb line :and are not pemlitted.along the curb radius at an intersection, .When possibl¢~ ~ets ~alt be; 19¢ated away from the side lot p[operty line to.avoid conflicts with driveways. For the purpoSe of inlet pl,aCement, ~.¢urb, ~tter,br roadside swale, flow depths for a ten (10) year storm frequency with a five (5)minute duration shall not exceed three (3} inches in a swale condition, two (2) inches in a gutter condition, and one-hal~ (I/2) inch across intersections and travel lanes. In no case shall inlets be spaced more than six hundred (600) feet apart and function at less than Sixty,fi~e percent ~65 %) efficiency based on the crkeria in the PennDOT Design Manual. 22 - Attic e IV S vet,Spring Towmhip Storm Water Management Ordimnce 402.11 ~igl~l~l~d~F.~. 'Manholes shall not be spaced more than five hundred (500) feet apart. Additionally, manholes shall be 'placed'at points of changes in, the horizontal or vertical direction of storm sewers. Inlets may be substituted for manholes where they will serve a useful purpose. 402.12 Ali_a-nment Requiremeqt. If less than a forty-eight (48) inch diameter, curves in pipes or box culverts, without an inlet or manhole are prohibited. Tee joints, elbows, and wyes are always prohibited. '402.13 ~d/~lllDIl~llfi~. Storm water management pipe collection and con. veyance systems shall have a minimum diameter of fifteen (15) inches. 402.14 ~. All material and installations must comply with the'-Towmh~l~'s'!mproi~rr~nts SPedficatio~ Manual. 402.15 Surface Flow Characted~ien- "The'maxiimum swale, **utter, or curb velocity of atonn water runoff shall be maintained at levels which result m a stabl~ condition bo/h during and after construction. The following are considered characteristics of a stable condition: a) It neither aggrades or degrades beyond tolerable limits. b) The channel banks do,not erode m the extent that the channel cross sed~ion is changed/~Pprecisbly;- c) Sediment bars do not develop. d) Erosion, dOes not occur arourd ~ulverts 'and bridges or elsewhere. e) Gullies do not form or enlarge due to the entry of uncontrolled storm water runoff. 402.15.1 Grass-lined channels shall'be considered stable if the calculated velocity does not exceed the allowable velocities shown below: a) 'l~hree O) feet per seCOnd~wtiere only sparse vegetation can be: ~stabliS, hCd and malntain/;d because of shade or soil condition. ' Four (4) feet per second where normal growing conditions exist and vegetation is to be established by seeding, Five (5) feet per Sec°nd where a dense, vigorous sod can be quickly established or where water can be temporarily diverted during establishment of vegetation. Netting and mulch or other equivalent methods for establishing vegetation shall be used. b) c) Silver Spring TownShip Storm Water .Manasement Ordinance Article IV - 23 402. t5.2 402.15.3 402.16 402.17 402.17.1 d) SlX ( ) ,feet per s~cond where there exists a well establisheu .. Where swale bends 'occur, the allowable velOCities listed above shall be divided by the following factors: ~ Velocity 0to 30 1.50 3O to 60 1.75. 60 to 90 · 2.00 90 and over 2.50 The ab°ye grasS~1~d o~l fiowi may be exceeded if the designer can provide acceptable supportive design criteria as proof of erosion prevention ~er, e~:the ve!°¢itY;of S~.orm water runoff exceeds the allowable Velocity~ ero.qO~l protection must be pro¥ide& The method of erosion protection proPOsed must be supported by the appropriate design information and/or refe~nces~ Sump Pump discharges and .sLrailarly: roof drains will be directed to lawn are~ away ~0m residences, into areas that will surface drain to conveyance~ Structures (e,g. swales and storm sewer collection systems), ~1 :~ea, ,a. pp!icatiom a~e submiRed in phases, and if iempOrary facflities are required for conStruction of a phase, such facilities shall he.~incinded !n the submitted plans. ,MI phases of development must comply with the pmvisiom of this Ordinance. In the event temporary measures cannot adequately handle the storm water tuner'f; the main ouffall line shall be included as pan of ~he construction of the proposed phase. Erosion and Sedimentatigll. All land disturbance facilities shall conform !o the require.re, e. nts ofihe P~nnsylvani~Department of Environmental Protection Sod Erosion and sedimentati°n Control Manual. The following principles shall be applied to the design plan and conStruction · schedule to ~e soil erosion and sedimentation: Stripping of vegetation, grading, or other soil disturbance shall be done in a manner which will ~e soft erosion. 402.17.2 Whenever feasible natural vegetation shall be retained and . _.) protected. 24 - Article IV Silver Spring Township Storm Water Management Ordinance 402.17.3 402.17.4 402.17.5 402.17.6 402.17.7 402A7.8 402.18 402.19 402.20 The extent of the disturbed area and the duration of its expo'sure shall be kept to a minimum~ within practical limits. Either temporary seeding, mulching, or other suitable stabilization measures shall be used to protect exposed critical areas during construction. 'Drainage provisions shall accommodate the storm water runoff both during and after construction. Soil erosion and sedimentation facilities shall be installed prior to any on-site grading. The design plan and construction schedule shall incorporate measures to minimize soil erosion and sedimentation. Retention and/or detention basins, and water carrying facilities shall be stabilized in accordance with current engineering and Soil Conservation Service practices. F_I.g~O.p. la~. All storm water management plans shall conform with the Floodplain Standards specifigd in the Silver Spring Township Zoning Ordinance, as mended. ~1.~]1~,I~. When considered appropriate, easements shall be pWvided where storm water or surface water drainage facilities are existing or proposed, whether located within or beyond the boundaries of the property. Easem0nts for maintenance of pipes.and culverts shall run from outlet to inlet; Normal lot grading will not require easements. Swales which receive runoff from more than one other lot must be provided with an, easement. Easements shall have a minimum width of tWel!ty (20) feet and shall be adequately designed to provide area for (a) the Colleftion and discharge of water, Co) the maintenance, repair, and reconstruction of the drainage facilities, and (c) the passage of machinery for such work. When considered appropriate, easements shall include a description of an ownership and maintenance program, in a recordable form, that clearly sets forth responsibility for all temporary and . permanent storm water management facilities. Ownership and Maintenance of Storm Water Management Facilities. The intent of these regulations is to provide private ownership and maintenance of storm water management facilities, erosion and sedimentation control facilities and floodplain control facilities. Under no circumstances does the Township intend to accept dedication of erosion control and sedimentation basins. The Township does not encourage the dedication of storm water management facilities that are located outside public street rights-of-way. Where the Storm Water Management Plan proposes that the Township own or maintain a storm Silver Spring Township Storm Water Management Ordinance Article IV - 25 402.20~ 1 402.20.2 402.20.3 402.20.4 402.20.5 402.20.15 water management facility; a d~scription of the methods, procedures, and the extent o~ msinte~ shall be described in such an offer. Maintenance of all storm water management facilities during development shall be the sole responsibility of the developer and shall include, but not be limited to: Removal of silt from all basins, :traps or other structures or measures when thirty percent (30%) of capacity is filled with silt; Periodic maintenance of temporary control facilities as described in the soil erosion and sedimelttafi0n control plan as such replacement of silt fencing, straw filters or similar measures; Establishment or re-establishment of vegetation by seeding and mulching or sodding of scoured areas or areas where vegetation has not successfully been established; Installation of necessary controls to correct unforeseen problems caused by storm events within designed frequencies; Removal of all temporary measures and installation of permanent measures upon completion of the project; Requirements of the Pennsylvania Department of Environmental Protection, Chapter 102 Regulations. Ownership of all'storm water management facilities after construction shall be the 'sole responsibility of tl~ developer or the private landowner as set forth in the plan. The only storm water management facilities which are to be controlled by the To~vuship shall be those facilities which have been offered for dedication and accepted for dedication by the Township. Future offers for dedication can only be made for facilkies which meet currem Towushfp spdcifications. · 26 - Article IV Silver Spring Township Storm Water Management Ordinance SECTION 501 501.01 501.01.1 501.01.2 TICLE V ADMINISTRATION Any person, parmership or corporation who being the owner of land on which a Land Disturbance Activityi as defined in thk Ordinance, has occurred or is engaged in shall comply with the provision of this O.rdinance and the Storm Water Management Permit. Any Land Dasturhanee conducted in violation of this Ordinance Or the Storm Water Management Permit is hereby declared a public nuisance. In the event of a viOlatiOn, Silver Spring ToWnship may initiate the following a¢fiom: Suspension of a Storm Water Manaeement Permit Any permit issued under this Ordinance may be suspended by the Township based upon: a) The noncompliance with or faiture to implement any provision of the Storm Water Management Plan, or b) A violation of any provision of this Ordinance relating to the project, or c) The creation of any condition or the commission of any act' urmll constrBctlon which constitutes or creates a hazard or nuisance or which endangers the life or property of others. Under the Suspension ora permit, only such work as the Township so alathorized may proceed. This work shall be limited to that which is necessary to correct the violation. A suspended permit shall be reinstated, by the Township when: a) The Township has inspected and approved the corrections to the storm water management facilities or the elimination of the hazard or nuisance, and b) The Township is satisfied that the violation of the Ordinance has been corrected. A permit will not expire while under suspension or noncompliance exists with the permit. Silver Spring Township Slorm Wa cr Management Ordinance Article V - 27 ~501.02 . 501.02.1 501.02.2 501.02.3 501.03 501.03.1 501.03.2 501.03.3 501.03:4 501.04 Revoke a Storm Water Manage/nent Permit Based upon a report f~om the~Township Engineer that the existing site condition or further construction is likely to endanger property or create hazardous conditions, the Township may: Revoke a permit. Require protective measures to be taken and assign a reasonable time period for the necessary action.: Authorize protective measures, to b~ done .and lieu all cost of the work against the property 9n which work is required. A permit which has been revoked cannot be reinstated. The applicant may apply for a new permit in accordance with the processing procedures in Article III. NOtification of Suspension or Revocation of a Storm Water Mann gement In the event of a suspension or revocation of a Storm Water Management Permit, the Township shall provide, written notification of the violation to the landowner and/or applicant at his last known address. Such notification shall: Cite the specific violation, describe the requirements which have not been met, and cite the provisions of the Ordinance relied upon. Identify the ~pecific prgtectiVe measures to be taken. Assign a reasonable tune period necessary for action or in the case of revocation, identify if the Township has authorized pt0tective mea~sures to be performed at cost to the landowner. Identify the right to request, a hearing before the' Board of SUpervisors if aggrieved by the suspension or revocation. Suits to restrain, prevent, or abate a violation of this Ordinance may be instituted in equity or at law bY the Township. Such proceedings in equity or law may be initiated before any court of competent jurisdiction. In cases of emergency where, in the opinion of the court, the circumstances of the case require krmnediate abatement of the unlawful conduct, the court may, in its decree, fix a reasonable time during which the person responsible for the unlawful conduct shall correct or abate the ,.9 28 - Article V Silver Spring Township Storm Water Management Ordinance SECTION 502 SECTION 503 SECTION 504 same, The expense of such .proceedings shall be recoverable from the violator in such manner as may now or hereafter be provided by law. ~y pcrson~who s.lmll violate :any of the pmvision~ of this Ordinance, or x6ho ~hag fall t0.comply with any written n~tice f~om Silver Spring To~vnship which describes a condition of non-~ompliance, shah be guilty of a summary offense, and upon conviction thereof, shall be subject to a fine payable to Silver Spring Township of not more than one. thouSand ($1,000) dollars for each violation, recoverable with cost. In default of payment of the fmc, such person shall be liable to imprisonment for not m~re than'thirty (30) days. A new and separate violation shall be deemed to be committed for each day after receipt of the aforesaid notice that -~uch violation exists, In addition, the Township may institUte injunctive, or any other appropriate action or proceeding of law or in ~quiry for the enforcement of this Ordinance. Any ~court of competent jurisdiction shall have the right to issue re~training orders, temporary or permanent injunctions, writs, or other appropriate forms of remedy or relief. APPEAL TO. THE SILVER SPRING TOWNSHIP BOARD OF Any persons aggrieved by any action of the Township may appeal to the Board of Supervisors within tw.enty days of that action. INSPECTION OF PROPERTY Upon presentation of proper credentials, duly authorized representatives Of Silver Spring Township may enter at r¢~onable times upon any property within the murdcipa, lity to' h?~ggat~ or 'ascertain the condition of the subject property in regard t6 any hspect regulated by this Ordinance. SECTION 505 The landowner shall grant to the Township, or its agents, access to site of the work at all times; while under construction, for the purpose of inspecting the work. Should any section or provision of this Ordinance be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this Ordinance. SiLver Spring Towmhip.Storm Water Management Ordinance Article V - 29 SECTION 50~ SECTION 507 SECTION 508 SECTION 509 SECTION 510 COMPATIBILITY WI}H OTHER PERMITS AND ORDINANCES Permits issued pursuant tc this Ordinance do not relieve the applicallt of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance of another governing body. Any provision of any other statute, code, ordinance or .re.gulation which provides greater protection shall control in the event of conflicting regulations. MUNICIPAL LIABILITY The degree of storm water management sought by the provisions of this Ordinance is considered reasonable for regulatory purposes. The issuance of p~rmits by Silver Spring Township, its officers, or employees, shall not be deemed to relieve the de~;eloper of responsibility, if any such responsibility exists, to those adversely affected by the drainage.of water. Further, the municipality through the issuance of a p~t assumes no respdnsibility to eithbr the developer or the adjoining proper~ owner affected by the drainage of water. SAVINGS PROVISION FOR MATTERS IN PROCESS Applications valic~y submitted t° the Township Per approval and any litigation pending under or because olaf:anY previ0usly enacted storm water management ordinance p.rior to the effective date hereof shall be evalUated and govemedby such prior ordi~ce; and, for such limited purpose, such previously enacted ordinance or Ord~ces shall be saved from repeal as hereafter provided. RELATIONSHIP OF OTHER ORDINANCES Except o~¥ as otherwise~ provided in Section 508, all other ordinances or parts of O~din~ces inconsistent herewith Shall be and are hereby repealed. ~ ADOPTION AND EFFECTIVE DATE This Ordinance shall 'become effective five. (5) days after its enactment by the Silver Spring Township Board bf Supervisors. 30 - Article V Silver SpringTownshlp StormWa~erManagementOrdinanc¢ DULY ORDAINED AND ENACTED this 17th day Of November , 1999, by the Board of Supervisors of the Township of Silver Spring, Cumberland County, ?enn~ylvania, in lawful session duly assembled. ATTEST: SEAL SUPERVISORS OF S~[LVER SPRIN~ TOWNSHIP /~ Supervhor Supervisor . ))i supp'l Or' .... Stipefv-~sor Silver Spring Township Storm Water .Management Ordinance Article V - 31 APPENDICES APPENDIX NO. 1 · APPLICATION FOR A STORM WATER MANAGEMENT PERMIT lVHNOR LAND DISTURBANCE SILVER SPRING TOWNSHIP Cumberland County, pennsylvania ,\pplication is hereby, made to Silver Spring Township for the issuance of a Storm Water Management Permit · ~ur~uaot,to the specffications berew!th submitted. 1. Name of PropeWff Owner(s): Address: 2. Name of Applicant (if other than owner): Address: Telephone No.: [ Telephone No.: · Project Location: If the property is the subject of a subdivision or land development, provide plan book record number Township identification number. 5. Brief Description of Work to be Performed: or A general plan of th;' lot configuration, building location, grading, and storm water shall be shown on the reverse side, of this pase. Storm Water Mana.~ement Plan Prepared By: Address: management facilities T~lep,hone No.: I Fax No.: The undersigned hereby represents that to the best of their ~owledge and belief, all information listed above and on the reverse side of this pase is true, ,correct, and comp ere. Date: Signature of Applicant For Township Use Only File No.: Date of Receipt/Filin[: PLEASE CO~[PLETE THE GENERAL PLAN ON THE REVERSE SIDE OF THIS PAGE. (See Section 303.01) 32 - Appendices Silver Spring Town.ship 5~orm Wa~r Manage. m~nt Ordinance GENERAL PLAN .... ~'"'~....~..d ........ ~ ............ ~ ........ ~ ........ ~....;... ; ~ : ; . i~ ' ~iill;': ::: :' .... ~.. : ; : ! .... i i i · i i :::I::: ....... :''":'"'~ ............... ? ........ ~''"~''"~ ........................ ... : ...... l...'"'!'"'~'"'? ......... !....!....~ .... : . : ' I : : : i'' '..~ .... ~....!....!...~ !....!....! .... .... :::I:'"'!'"'~ ........ ~'"'!'"'~'"'1'"'!'"'~'"'!TM ...................... ~'"'~ ........ 'i : : : : : : I : : : : : : : : : t : : : i ! i i i i ! i i i : ! :' ....; ~ i'"'~'"'~-'"v'..~ .......... '----~-.--~..-.~... G-.- '....~-...~-.--~ ........ ~....~....; ......... ~....~----i ..... ' : ::: ~::,::: :: I ::..-: ........ ::....7...V...!....~.........~....~....~....~ ..... ........ ~....~....~ ......... ~....~..~ .... · : : : ' : ' : : ! i ! ' ' i ! : ' ' , :::i: .... ''''1 ~'! The following shall be shown on the Plan: Lot Cordiguration Building Location Contours or Flow Arrows Storm Sewers ~Bel-l'ns Terraces Bridges Dams Scale: (4 squares per inch) Infiltration System Swales Watercourses Floodplains Basins Silver Spring Township Storm Water Maragement Ordinance Appendices a.P},EN Ix NO. 2 APPLICATION FOR A STORM WATER MANAGEMlgNT PERMIT MAJOR LAND DISTURBANCE SILVER SPRING TOWNSHIP Cumberland County, Pennsylvania Application is hereby, made to Silver Spring Towmhip for the issuance of a Storm Water Management Permit pursuant to the specifications herewith submitted. 1, Name of Property Owner(s): Address: Name of Applicant (if o~her than owner): Address: Telephone No.: : Telephone No.: 3. Project Location: Type of Earth Disturbance Activity: A. New impervious or semMmpervious surface · B. Diversion or piping of natural or tm-made watercourse C. Installation of ~e following: Culvert Retention Basin Detention Basin Sediment Basin D. Removal of ground cover, grading, filling, or excavation (sq. fi.lac.) 0inear R.) (sq. ~./ac.) If the proper~3' is ~e subject of a subdivision or land development, provide plan book record number or Township identification number. Storm Water Management Plan Prepared By: Address: Telephone No.: Fax No.: The undersigned hereby represents that, to the best of their knowledge and belief, all information listed above is true, correct, and cohlplete. Date: File No.: For Townshi Only (See Section 303.0z) 34 - APPendices Silver Spring Township Storm Water Management Ordinance APPENDIX ,NO. 3 STORM WATER MANAGEMENT PLAN CERTIFICATE, I hereby certify that, to the best of my knowledge and information, the storm water management faCilit!es shown and described hereon are designed in conformance with the Silver Spring Township Storm Water Management Ordinance. Date Signature and Seal Of the Registered ProfeSSiOnal ResPOnSible for the Preparation of the Plan (See Section 304.01.8) Silver SPring TownSh p Storm Water M~gement Ordinance Appendices - 35 APPENDIX NO. 4 STORM WATER MANAGEMENT PERMIT LAND DISTURBANCE ACTIVITY Silver Spring Township Cumberland Coun.ty, Pennsylvania PERMIT NO. The property of located at has received approval of the storm water management plans dated · last revised , m accordance with the Silver Spring Township Stoma Water Management Ordinance. Appr. oved By: Date: Expiration Date: Approved Date SCHEDULE OF INSPECTIONS During construction of the following specific storm water management facilities: Upon installation of all permanent storm water management facilities. Final grading, vegetative control measures, or other site restoration work. (See Section 302) 36 - Appendices Sliver Spdng T0WmhiP St$rm Water Management Ordinance APPENDIX NO. ~ STANDARD COI~PUTATION TABLE Silver Svrln~ Towr~hlo Storm Water Mana=ement Ordinnnce Avvendices - ~7 EXHIBIT "B" APPENDIX NO. 2 APPLICATION FoR A STORM WATER MANAGEMENT PERMit MAJOR LAND DISTURBANCe. SII.VER SPRING TOWNSH~ C,,mbcrlaud Couaty, Pennnylvani~ hcrcby made to Silv~ ,Spring .Towga. bip for thc issuance of a Storm Water Management to the acrc~ta su~mlttcd. 1. Name , Address: 2. Namc of' Applicant (if other than owner): Add~ress: ]Tclcphonc No.: 3. Projcct Location: Type of F~rth DL~tutban~ Activity:. A. New impervious or scmi-impcrvious s~fac~, ~. 9'/ (sq. ft./~ B. Divcraion or piping of nattu-al or man-made watcrcour$c C. Iaatallation of thc following: Culvcrt Rctcntion Dctcntlon Basin D. Rcmoval of. ground covcr, grading, filling, or excavation 0inear lt.) (sq. $. If thc proocrt'Z ia ~c su. bjcct of a subdivision or land dcvclopmcnt, provide plan book record number or Tow,,nRip ~dcntiflcaaon number. ' - Il. Storm Water Plan Addre.~: Tclcohonc No.: Thc undcrsigncd hc'rcby rcprc.scnts that, to thc best of thcir knowledge and bclicf, all information listed above and on thc rcvcr$c $:dc of this pa,~c is true, correct, and compFctc. (See Section 303.02) EXHIBIT ~'C" Jaekle Egkin, Ma~la L Let~erm'~ ,/nc; . e~/t ~t car!isle,. ?~ 17~13 con~ter¢ SILVER,. SPRING TOWNSHIP ~o~ld you hav~ ~y questions please call; July 1~, 2001 : supporgng information fo.r a Valley C~lf Club. 'Supporting ioomment. This application is lnty Conservation INstri~t. Since~ly, ' - Zonin,~ Officer ~ ......_L' ...... k_. EXHIBIT "D" Cumberland County Conservation District 43 Brookwood Avenue, Suite 4 - Carlisle, Pennsylvania 17013-9172 - Phone (717) 240-7812 . Fax (717) 240-7813 Jeffrey S. Austin 716 North West Street Carlisle, PA 17013 September 4, 2001 ACTIVITY NAME: Rich Valley Golf Club PERMIT NUMBER: PAR-10-H261 MUNICIPALITY: Silver Spring Township COUNTY: Cumberland County, PA Dear Mr. Austin: Enclosed is the above referenced permit which authorizes the discharge of stormwater from the construction activity described in the final erosion and sedimentation control plan and the permit application. Please ensure that the approved erosion and sedimentation control plan is fully implemented and available at the construction site. The Cumberland County Conservation District reviewed the erosion and sedimentation control plan to determine whether it is adequate to satisfy the requirements of the Chapter 102, Erosion Control Rules and Regulations. The Conservation District assumes no responsibility for the implementation of the plan or the proper construction and operation of the facilities contained in the plan. Please read carefully, Parts A, B and C of the permit which details the terms and conditions of this authorization. Conservation District staff and/or representatives of the Department of Environmental Protection (DEP) may inspect this earthmoving activity to determine compliance with applicable permit requirements, Chapter 92, 101 and 102 Rules and Regulations and "The Clean Streams Law", Permit requirements and federal regulations at 40 C.F.R. ss122.21 (b) require that "when a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit". Please be advised that once a contractor has been selected for the project, the contractor must either be added on as a co-permittee or have the permit responsibility transferred to them. The co-permittee/transferee form must be received by this office at least 30 days prior to the co-permittee/transferae action taking place. The enclosed form must be used to add a co-permittee/transferee. Enclosed, also is a Notice of Termination (NOT) form to be completed and filed with the District/DEP once construction activities have ceased and final stabilization has been achieved. CONSERVATION-DEVELOPMENT.SELF-GOVERNMENT The County Cohservation District must be notified by telephone or certified mail at least seven (7) days prior to the start of construction. A pre-construction conference is requested. This authorization does not relieve the applicant from applying for and obtaining any and all additional permits or approvals from local, state or Federal agencies for the construction activity described in the permit application. Sincerely, Kimberl¥ J. Faivey District Technician Enclosure cc: Bill Cook, Silver Spring Township Jeff Kelly, Cumberland County Planning Commission Stephen Fisher, FMR District File 3639-FM-WQ0079 9/97 COMMONWEALTH OF PENNS~VANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF WATER QUALITY PROTECTION APPROVAL OF COVERAGE UNDER THE N.pDES GENERAL PERMIT FOR DISCHARGES OF STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES (PAG-2) NPDES PERMIT NO: PAR-10-H261 In compliance with the' provisions of the Clean Water Act, 33 U.S.C. Section 1251 et .seq. ("the Act") and Pennsylvania's Clean Streams Law, as amended, 35 P.S. Section 69'1.'1 et seq., the'-Department of Environmental Protection hereby approves the Notice of Intent (NOI) submitted for cov'~rage by: FACILITY NAME AND ADDRESS: Jeffrey S. Austin Rich Valley Golf Club 716 North West Street Carlisle, PA 17013 to discharg'e stormwater to the following receiving water(s): Conodoguinet Creek subject to the Department's enclosed PAG-2 which incorporates all effluent limitations, monitoring and repotting requirements and other terms, conditions, criteria and special requirements for the discharge of stormwater from point sources composed entirely of stormwatar associated, in whole or In part, with construction activity, aa defined In this general permit, to surface waters of the Commonwealth, including to municipal separate storm sewers and non-municipal separate storm sewer. APPROVAL TO DISCHARGE IN ACCORDANCE WITH THE TERMS AND CONDITIONS HEREIN MAY COMMENCE ON THE DATE OF THE APPROVAL OF COVERAGE, AND IS VALID FOR A PERIOD OF FIVE YEARS WHEN CONDUCTED PURSUANT TO SUCH TERMS AND CONDITIONS. COVERAGE MAY BE EXTENDED BY THE DEPARTMENT IF A TIMELY ADMINISTRATIVELY COMPLETE AND ACCEPTABLE NOI RENEWAL IS SUBMI'FI'ED TO THE DEPARTMENT AT LEAST 90 DAYS PRIOR TO DATE OF COVERAGE TERMINATION, UNLESS PERMISSION FOR SUBMISSION AT A LATER DATE HAS BEEN GRANTED BY THE DEPARTMENT. COVERAGE APPROVAL DATE: September__4~2001 · Cumberland County ~'ol~servation.~_trict 43 Brookwood Avenue, Suite Carlisle, PA 17013 EXHIBIT "E" SILVER SPRING TOWNSHIP Wayne M. Pecht, Chairman Jackie Eakin, Vice-Chairman Jan N. LeBlanc William C. Dunn Maria L. Lewis September 14, 2001 Jack K. Sunday and Jeanne N. Sunday 40 South Middlesex Road Carlisle, PA 17013 Lettermen, Inc. 716 North West Street Carlisle, PA 17013 RE: Final Subdivision Plan 2000-4F Dear Applicants: The Silver Spring Township Board of Supervisors at its meeting held September 12, 2001 reapproved the above noted final subdivision plan subject to the following comments: The Silver Spring Township Board of Supervisors conditionally approved the preliminary subdivision plan on September 22, 1999 (reaffirmed September 12, 2001). 2. Plan must be signed by landowner(s) and Properly notarized (403.06.4). 3. Planning module must be approved by DEP (403.05). Provide copies of right-of-way agreements for gas line and PP&L right,of-way (402.06.1). Show all existing features within 200 feet of subject tract (402.03.4). The Board of Supervisors granted this waiver on September 22, 1999 as part of Preliminary Plan submission (reaffirmed September 12, 2001). Show all existing healthy trees with a caliper of 6 inches or more (402.03.6). The Board of Supervisors granted this waiver on September 22, 1999 as a part of Preliminary Plan submission (reaffirmed September 12, 2001). Concrete monuments shall be provided along property line of parent tract (608.01 ). The Board of Supervisors granted this waiver on September 22, 1999 · as a part of Preliminary plan submission (reaffn'med September 12, 2001). 6475 Carlisle Pike · Mechanicsburg, PA 17050-2391 · (717) 766-0178 · (717) 766-1696 FAX Jack K. and Jeanne N. Sunday Letterman, Inc. September 14, 2001 Page 2 Street trees shall be provided along ail road fzontages (611.03). The Board of Supervisors granted this waiver on September 22, 1999 as a part of Preliminary Plan submission (reaffirmed September 12, 2001). The plan shall be drawn at a scale of 10 feet, 20 feet, 30 feet, 40 feet, 50 feet, or 100 feet to the inch (402.01.1). The Board of Supervisors granted this waiver on September 22, 1999 as a part of Preliminary Plan submission (reaffirmed September 12, 2001). 10. Placement of iron pins (608.02). The Board of Supervisors granted this waiver on September 22, 1999 as a part of Preliminary Plan submission (reaffirmed September 12, 2001). 11. All conditions ofprelirnlnary plan must be addressed before final plan approval. 12. Note 15 must specify number of lot rights for Lot No. 2 and Lot No. 3 in addition to total lot rights. 13. Recording fee must be paid to Township prior to plan recording. When these conditions have been met and the appropriate officials have signed the plan, it will be recorded at the Cumberland County Court House. If you have any questions, please do not hesitate to contact Mr. Kelly K. Keleh, Assistant Township Manager. WSC/ksd Kelly K. Keleh, Assistant Township Manager Mark B. Bruening, P.E., Township Engineer Fisher Mowe~y Rosendale and Associates, Inc., Steven J. Fishman, Applicant's Attorney William S. Cook Township Manager SILVER SPRING TOWNSHIP Wayne M. Pecht, Chairman Jackie Eakin, Vice-Chairman Jan N. LeBlanc William C. Dunn Maria L. Lewis September 14, 2001 Letterman, Inc. Attention: Mr. Jeffrey S. Austin, President 153 South Hanover Street Carlisle, PA 17013 RE: Land Development Plan LD 99-16P Dear Mr. Austin: The Silver Spring Township Board of Supervisors at its meeting held September 12, 2001 reaffmned the granting of the following waivers requests originally approved at its meeting held september 22, 1999 for the above referenced land development plan: 1. Provide profiles of access drives (602.18.1). 2~ A waiver was granted to allow a minimum access drive width of 22 feet for the last 150' of access drive. Show the location of existing healthy tree with a caliper of 6" or more (402.03.6). A waiver was granted to allow the depiction of a clear sight triangle at the intersection of the proposed access drive and Rich Valley Road (602.12.6) in accordance with the 1999 Subdivision and Land Development Ordinance. 5. Provide perimeter-landscaping (603.13). Provide interior landscaping (603.14) for the area where eleven (11) parking spaces are located. Concrete monuments shall be provided along property line of parent tract (608..01). 6475 Carlisle Pike · Mechanicsburg, PA 17050-2391 · (717) 766-0178 · (717) 766-1696 FAX Letterman, Inc. September 14, 2001 Page 2 8. Street trees shall be provided along all road frontages (611.03). The calculated post-development runoff from the property shall not exceed the peak discharge of pre-development (402.01.2) (S.W.M.O.) subject to approval of the Township Engineer. 10. Iron pins conditioned on the Township Engineer's approval of the appropriate iron pin locations (608.02). 11. Primary outlet structure for ponds should be designed for a minimum of a 25-year storm except for ponds 1 and 4 which should be designed for a minimum of a 10-year storm. The above approval is subject to all waivers being submitted in writing. The Board also reaffirmed it denial of the following waiver request that was denied at the Board's meeting held September 22, 1999 due to the lack of a majority vote for the above noted preliminary land development plan: Access drive shall be paved with a minimum of 2 ~ inches of bituminous material for area 2 (602.18.6) In addition, the Board of Supervisors at its meeting held September 12, 2001 reapproved for recording purposes the above noted preliminary land development plan subject to the following conditions: Owner JelT~ey Austin expressed, at the Planning Commission meeting held September 10, 1999, his willingness to discuss the placement of a dry hydrant at the largest pond which would be accessible by fire apparatus. Conditional Use approval was granted on March I0, 1999 for use of a Golf Course. Preliminary Subdivision Plan creating this parcel is currently under review by the Township under the name Sunday/Letterman, Inc. Permit(s) for construction ponds must be obtained from D.E.P. (301.9). Letterman, Inc. September 14, 2001 Page 3 10. 11. 12. 13. 14. 15. 16. 17. Provide the location and description of all proposed lot line markers (402.04.13). Waiver statement must be revised to acknowledge the outcome of requested waivers prior to recording the plan (402.04.14). Sewerage Planning must be approved by D.E.P. (402.05.2). Plan must be signed by landowner(s) and properly notarized (402.06.3). Provide required sight distances for posted speed at proposed access drive (602.18.3.h). Show how landscaping requirements are met (603.13)(603.14). Stormwater Management permit must be issued by Township when all conditions are met. Erosion and Sedimentation Control Plan and NPDES Permit must be approved by the Cumberland County Conservation District. Provide all applicable details (e.g. inlets, pipe trench, basin, anti- seep collars, protective bar screens). Show requirements of pond liner system identified in "Project Features" section of application 19990306 Correspondence from Susquehanna River Basin Commission dated March 25, 1999. Runoff was calculated for 7 different drainage areas, however, drainage area map provides only show 3. Also label drainage areas on plan. Provide 100-year storm routing to verify adequacy of emergency spillways. Concerned with secondary discharge path from Pond 2 flooding the cartpath access/egress under Rich Valley Road. During storm events this condition may encourage crossing at other locations along Rich Valley Road, also concerned with high frequency storms discharging through a travel way. Applicant agreed to install an additional drainage structure under Rich Valley Road subject to the design approval by the Township Engineer. Letterman, Inc. September 14, 2001 Page 4 18. 19. 20. 23. 24. 25. 21. 22. Provide a complete Stormwater Management Report. Specify pipe material on profiles. Plan and report are not consistent with regards to Pond No. 1 outlet pipes. Dimension emergency spillway width for Pond No. 2. Traffic Study (August 20, 1999) A. According to the TIS, the intersection of Rich Valley Road and Carlisle Pike meets traffic signal warrants. Per condition 5 of final decision of the Board of Conditional Use, the Developer will be responsible for installation of signals at this intersection. H.O.P. and Signal Plans must be submitted for Township and PennDOT approval. B. Due to the nominal change in Level of Service (L.O.S.) realized at the following locations, no single improvement can be provided to restore L.O.S. for each intersection noted, therefore, no improvements proposed by Developer: 1. Rich Valley Road and Skyline Drive 2. Rich Valley Road and Pennsway Road 3. Rich Valley Road and Willow Mill Park Road 4. Rich Valley Road and Ridge Hill Road 5. Rich Valley Road and Wertzville Road A Highway Occupancy Permit must be obtained for all work proposed within PennDOT right-of-way (e.g. cart crossings, access improvements). All conditions of Conditional Use must be met. Subdivision Plan must be approved and recorded prior to recording this plan. Letterman, Inc. September 14, 2001 Page 5 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. General pemait required for intake from Conodoguinet Creek. H.O.P. plans must be included in plan set. Concerned with glare from driving range onto 1-81 and lands to the south. Note on plan that all lighting shall be shielded to prevent glare on adjacent roads and properties. Provide details of proposed water intake in Conodoguinet Creek. Provide water consumption records required in "Findings" Section by SRBC, March 25, 1999 correspondence and/or receive copies of correspondence and consumptive use reporting. Provide proof from D.E.P. that Developer is able to modify existing pond without need of permitting. Add painted stop bars to parking area Provide "one-way" sign in addition to "do not enter" sign. Provide most current revision date on all sheets of set. That all water to be used for irrigating the golf course must be drawn directly from the Conodoguinet Creek in accordance with the rules and regulations of any agency having jurisdiction over said Creek and its water, and that no water shall be used from wells on the Subject Property for irrigation. That the lights for illuminating the proposed driving range must comply in all respects with the Township Subdivision and Land Development Ordinance and Zoning Ordinance. That the lights for illuminating the proposed driving range must be extinguished at 9:30 o'clock P.M., prevailing time. That the Applicant shall provide a comprehensive traffic analysis of the intersections of (a) Rich Valley Road and Wertzville Road, (b) Rich Valley Road and Carlisle Pike, and (c) Rich Valley Road and all Feeder Streets located between (a) and (b), in order to identify and fund road improvements needed to address the increase of traffic volume caused by the golf course use. Letterman, Inc. September 14, 2001 Page 6 39. 40. 41. 42. 43. 44. 45. That if warranted by PennDOT, Applicant shall provide the funds necessary to improve the roadway and install electric traffic signals at the intersection of Rich Valley Road and Carlisle Pike. Applicant's funding requirements shall be reduced by the mount, if any, of prior developer-contributions made specifically for such purpose at said intersection.. That except for an outside entrance canopy, the proposed adaptation of the ham structure nearest Rich Valley Road denoted for clubhouse purposes must be limited and confined to the existing Interior dimensions (width, length, height, area and volume) of said structure and within the "footprint" thereof. That restaurant and dining facilities of the clubhouse shall not be used for banquet purposes except in conjunction with principal golf-related activities on the day of said activities. That the portion of the golf course on the southeast side of Rich Valley Road sb_all be substantially completed before commencIng the construction of any structures in the Residential Subdivision. That the proposed office use of the existing dwelling house on the Subject Property shall be limited to the immediate business of operating the golf course and shall not be used by or for any other enterprise. That any use of the floodplain area of the Subject Property shall be in strict compliance with all regulations of this Township, the Commonwealth of Peunsylvania and of the United States or any of their agencies having jurisdiction, applicable to such floodplain use and preservation. That the Applicant's commitment to the reverter condition made in the rezoning proceedings is hereby extended and made a contInuing condition of this decision. Letterman, Inc. September 14, 2001 Page 7 If you have any questions, please do not hesitate to contact Mr. Kelly K. Kelch, Assistant Townsh/p Manager. WSC/ksd CC: SIncerely, William S. Cook Township Manager Mr. Kelly K. Kelch, Assistant Township Manager Mr. James E. Hall, Zoning Officer Mr. Mark B. Bmening, P.E., Township Engineer Fisher Mowery Rosendale and Associates, Inc., Applicant's Engineer Mr. Steven Fishman, Esquire EXHIBIT "F" SILVER SPRING TOWNSItIP ENFORCEMF. NT~ No~c~. o!~ WOL ,~'.~ Cerflt~ M~I! #7Oal-a't~7.~!~ DATE: TO: September 14,, 2001 Lette~, lne0rt~rated Arm: Mr. letra~ Austin 7~',Nenh We~t~ Cltrl~ PA,.170i,3 Rich Valley Road Tiot. Pa!~el Number · #3L06~0013-072B YOU ARE HEREBY NO'lll-l~D that you are in violation of Silver Sp~ Township S~onn Wa~ Mmagemem O,dinance of 1997. S~c~ion 301 in the fo~.~: YOU ARE HEREBY FURTHER NOTIFIED that you rnu~t hntneMi~!y ~ea~e and de~t ~ bs~doem~ M be~,r~t~r fo~ cscf~ d~y af~r rece~'~ of~ afom~id ~ir~ ~ such Board of Supe~sox. s · lr. Wiillm S. cook, Township Manager Mr. Kelly IC ~Celch, Assistant Towmhip Mmag=r Mr..Stevm A. 8tine, ~, Tov,~p Solicitor sEc'no~ 3o~ .FaI~I~AL Land Disturbance A~;tivi~, ~ defmM in this Ordln_n.~ee~ ~.not be · irfifiated until a Storm Water Management Perngt has been issued~ .411 applications ~or a Storm Water M, uu~.me~.Penni~, the a~v~,/for whieh also comtitme~ a suMivbio~ or Io~ de~e~Mns~ sludl be. preruninary plans (wllen p~Itrn~sry p~_~ are req~lir~)'.. ~'o~ On ~ StormWale-r Management'Permit will be made tn eonjunofion Wllh the preliminary phn raider the Sulxltvislon nmi Land Development AJJ,sppJkstim~ f~a.Stonnwater M~em PemtJt~ ~ M~ Permit ~.be submitted to the T0wmlgp-desil~ated representative who l~u been authorized to receive applications at the Silver Spring. Township Buildin~ on an~ business day. The Township shall forward the application to the Township fo~ ~iem. The Township~le~i~mted ~efltative shaH, within sixteen (16) days from the municipal receipt of an appllcationj issue · peflnit (see Appendix ~fo. 4) Or disapprove the application and tmmmit the decision in writing~ to .the applicant Ltd the Township Board of Supervisors. Paflurc of tl~ Township En~r to render · decision and conmmnieam ~t ts preset/bed above shall ~ be deemed an appwval. SECTION 303 A notice of disapproval shall cite the reasons for disapproval. 303.01 · An application for a Storm Water Mn~ement l~ermit far.a Minor Land Disturbance, as defined in ~ Ordinance, shnll include one (I)convicted copy of the Application for a Minor Land Disturbance (see Appendix No. 1) and filil~ fee in the SHERIFF'S RETURN - CASE NO: 2001-05652 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LETTERMEN INC VS SILVER SPRING TOWNSHIP REGULAR KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MANDAMUS was served upon SILVER SPRING TOWNSHIP the DEFENDANT , at 1435:00 HOURS, at 6475 CARLISLE PIKE MECHANICSBURG, PA 17013 SHIRLEY BEARDSLEY on the 1st day of October , 2001 SECRETARY by handing to a true and attested copy of COMPLAINT - MANDAMUS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.85 Affidavit .00 Surcharge 10.00 .00 33.85 Sworn and Subscribed to before me this a/--~ day of ~ .2~0 f A.D. /Prothonotary So Answers: R. Thomas Kline 10/02/2001 SALZMANN DEPAULIS FISHMAN MOR SHERIFF'S RETURN - REGULAR CASE NO: 2001-05652 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LETTERMEN INC VS SILVER SPRING TOWNSHIP KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MANDkMUS was served upon BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP the DEFENDANT , at 1435:00 HOURS, at 6475 CARLISLE PIKE MECHANICSBURG, PA 17013 on the 1st day of October , 2001 SHIRLEY BEARDSLEY a true and attested copy of COMPLAINT - MANDAMUS by handing to SECRETARY together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 4~ day of ~ ~/ A.D. 'P~othonot ary So Answers: R. Thomas Kline lO/O /2OOl SALZMAiFN DEPAULIS FISHMAN MORG~ SHERIFF'S RETURN - REGULAR C~SE NO: 2001-05652 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LETTERMEN INC VS SILVER SPRING TOWNSHIP KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MANDAMUS was served upon HALL JAMES E the DEFENDANT , at 1435:00 HOURS, on the 1st day of October , 2001 at 6475 CARLISLE PIKE MECHANICSBURG, PA 17013 by handing to SHIRLEY BEARDSLEY SECRETARY a true and attested copy of COMPLAINT - MANDAMUS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~--~ day of ' J I~/iProthonotary ; So Answers: H. Thomas Kline 10/02/2001 SALZMANNDEPAULIS FISHMAN MOR By: SALZMANN, DEPAULIS, FISHMAN & MORGENTHAL, P.C. 95 ALEXANDER SPRING I~.OAD, SUITE 3 · CAP&ISLE, PA 17013 (717) 249-6333 F~X (717) 249-7334 455 PHOENIX DRIVE · SUITE A · CHAMBEIL~BURG, PA 17201 (717) 263-2121 DO((717) 263-0663 LETTERMEN, INC. Plaintiff OOT 1 ? 200~ - IN THE COURT OF COMMON PLEAS OF ' CUMBERLAND COUNTY, PENNSYLVANIA SILVER SPRING TOWNSHIP, BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP, and JAMES E. HALL, Defendants : No. 01-5652 Civil Term ORDER AND NOW, this {'Q day of ~ ,2001 the bearing scheduled ~ in the matter of the above Complaint in Mandamus ang Motion forPere .mptory Relief is hereby continued generally~l~ ~X0_,O~ ~ /OO/}'~ LETTE]I. MEN, l~C,, Plaintiff SILVER $~RI~O ?0WNSHIp. BOAKD 01~ OF SILVER SPRING TOWNSHII~, and SA.ME.~ E, HALL, Det'endants ,rOINT MOTION FOR CONTINUANCE ~ NOW, ~om0~ t~ PlainfiffLettermen, ::nc,, I~, and throush it~ Supewisor~ of Silver Spring Town~ip a~d Ja~e~ E. Hall, by and through il ~ Stine. Esquire, ~d fi~ea t~ia ~oint ~ot[on rot Cominuan~ as September 27, 2001. 2. Thin H0norsbie Court hu eohe~uled, a hearing rot October 1 ?, 1 ~NNSYLV~NIA Ioumal, S&lzn rwmhip, Boa, )mptory Relle )01 a,t 1;30 p.) ~re agreeable 3. The parties are 0urrently engaged in settlement negotiations an, continu~ce of said he~ng. WHEIL~FORE, the pattie, hereto r~quest this H0nor*~e Court to c~ntinue th~ ab, scheduled helrin~ generally until such tlme as either p~uly shall request the irescheguhng l m Respectfully submitted, S~lzmann, DePaulis. Fishman ~; Morgent~al, Attorney I1~e~I g3f 455 Phoenix D~ve, Suite A' Chambersburg, PA 1720] ~ (717) 263-2121 / Sti~en~re 134 $ipe Avenue Hershey, PA 170) (717) 533.3280 dof ~on , the LETTERMEN, INC. Plaintiff SILVER SPRING TOWNSHIP, BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP, and JAMES E. HALL, Defendants : IN THE COURT OF CO/VlIVION PLEAS OF : CLrMBERLAND COUNTY, PENNSYLVANIA _. : NO. 01-5652 Civil Tem~ : : · CIVIL ACTION PRAECIPE TO DISCONTINUE PURSUANT TO PA. 1LC.P. 22_~ TO THE PROTHONOTARY: Please mark the above action as discontinued with prejudice as to ali Defendants. Date: Salzmann, DePaulis, Fishman & Morgenthal, P.C. Attorney ID~. 61935 ~ Counsel for Plaintiffs 455 Phoenix Drive, Suite A Chambersburg, PA 1720I (717) 263-2121 CERTIFICATE OF SERVICE I hereby certify that on the ] ~/~day of November, 2001, I served and true and correct co of the foregoing document via United States mail, first class, postage prepaid, addressed as followsP..y Steven A. Stine, Esquire lames, Smith, Durkin & Connelly 134 Sipe Avenue Hershey, PA 17033 Respectfully submitted, Salzraarm, DePaulis, Fisbanan & Morgenthai, P.C. LETTERMEN, INC. Plaintiff SILVER SPRING TOWNSHIP, BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP, and JAMES E. HALL, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-5652 Civil Term : CIVIL ACTION PRAECIPE TO DISCONTINUE PURSUANT TO PA. R.C.P. 229 TO THE PROTHONOTARY: Please mark the above action as discontinued with prejudice as to all Defendants. Date: Salzmann, DePaulis, Fishman & Morgenthal, P.C. By~ Attorney ID No. 61935 Counsel for Plaintiffs 455 Phoenix Drive, Suite A Chambersburg, PA 17201 (717) 263-2121 CERTIFICATE OF SERVICE I hereby certify that on the ._]_~_~day of November, 2001, I served and true and correct copy of the foregoing document via United States mail, first class, postage prepaid, addressed as follows: Steven A. Stine, Esquire James, Smith, Durkin & Connelly 134 Sipe Avenue Hershey, PA 17033 Respectfully submitted, Salzmann, DePaulis, Fishman & Morgenthal, P.C.