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Home My WebLink About01-05652 ti k` k4 j LETTERMEN, INC., Plaintiff V. 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. O! - 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. C- rn Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 _- (717) 249-3166 or (800) 990-9108 =q e LETTERMEN, INC., Plaintiff V. 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 dernanda 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 defrende, 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 1MPORTANTES 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 A ti LETTERMEN, INC. Plaintiff V. 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- S?c o-4 C,0-,('7r0 CIVIL ACTION - MANDAMUS COMPLAINT IN MANDAMUS AND NOW, comes the Plaintiff Lettermen, 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- r 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"). -k- 10. On July 13, 2001, Defendants, by and through their agents, notified Plaintiff by 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"). 16 15. On September 14, 2001, Defendants "reapproved" Plaintiffs Preliminary Land Development Plan and "reapproved" Plaintiffs 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. 4 22. Defendants have failed to carry out the duties of their offices and administration of their offices with prejudice and harm 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. Plaintiff Lettermen'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, ?/ 2-,/U1 Salzmann, DePauhs, Fisl an & r enth C. By: G. Bryanal sq '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 A 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 unworn falsification to authorities. LETTERMEN, INC. By: Jeffre . A i A EXHIBIT "A" SILVER SPRING TOWNSHIP STORM- WATER MANAGEMENT ORDINANCE OF 1999 CUOMERLAND COUNTY, PENNSYLVANIA S t ,y SILVER SPRING TOWNSHIP MUNICIPAL DIRECTORY Board of Supenisors Engineer Wayne M. Pecht, Chairman Mark B. Bruening, P.E. Maria Lewis, Vice-Chairman Pennon Associates, Inc. William C. Dunn 704 Lisburn Road Jan N. LeBlanc Camp Hill, PA 17011-7400 Jackie Eakin Planing Commission Steven B. Deck, Chairman Karen W. Karkuff, Vice-Chairman Dennis J. Red Ken.Secrest R. C. Sherwood Ray Brown Art D'Agostino Tgwashin Manager William S. Cook, Manager Kelly Kelch, Assistant Manager Sewage Enforcement Officer Gary Morrow 129 State Road Mechanicsburg, PA 17055 olio a Richard' C. Snelbaker, Esquire Snelbaker, Brenneman & Spare, P.C. 44 West Main Street Mechanicsburg, PA 17055-0318 Zoning Ofricer James E. Hall SILVER SPRING TOYVN=, 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, PENNSYLVANIA ORDINANCE NO. 99-8 AN ORDNANCE 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 TERMS; CREATING RULES, REGULATIONS AND CRITERIA FOR SUCH MANAGEMENT, INCLUDING THE DEVELOPMENT OF PLANS AND STUDIES; REQUIRING PERMITS AND INSPECTIONS; PRESCRIBLvG DESIGN STANDARDS; ESTABLISHING ADMINISTRATNE 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: TABLE OF CONTENTS ARTICLE I GENERAL PROVISIONS .............. . SECTION 101 TITLE .....:..:................ r : 1 ................. .. . . SECTION 102 STATEMENT OF FINDINGS ........................... . I SECTION 103 PURPOSE ...................................... :...... 1 SECTION 104 ADOPTION-AUTHORITY-APPLICABILITY .. , ............... i I ARTICLE II DEFINITIONS" ............... .:.................... ':...... I 3 SECTION 201 GENERAL ..... ................:....,.. f....... 3 f SECTION 202 GENERAL TERMS ...{....... 3 SECTION 203 SPECIFIC TERMS .................................... j. 3 ARTICLE III PERVIIT PROCEDURES An REQUIREMENTS ................. 7 r ., 1 SECTION 301 GENERAL .........,. .......................7 ........ 7 SECTION 302 APPLICATION PROCEDURE , ............. . , SECTION 303 APPLICATION REQUIREMENTS ........... 7 303.01 Minor Land Disturbance . ............ .......... 7 M 303.02 Major Laud Disturbance ..................:........ 8 SECTION 304 STORM WATER MANAGEMENT PLAN CONTENTS'......... 8 304.01 General ...................................... 8 304.02 Existing Features ...................... : ......... 9 304.03 Proposed Features ................................. 10 30..04 Written Report and Calculations ....................... 11 SECTION 305 MODIFICATION. OF PLANS ........................... 13 SECTION 306 WAIVER AND APPEAL PROCEDURE .................... 13 a 306.01 Application Pracedures;(Vaiver-Appeal) ................. 13 SECTION 307 EXPIRATION OF A STORM. WATER MANAGEMENT PERMIT . ............................. 14 SECTION 308 SCHEDULE OF INSPECTIONS... .......... ..............14 SECTION 309 PERFORMANCE GUARANTEE .. ................`.......15 SECTION 310 LIABILITY .....:.................................... 15 SECTION 311 MAINTENANCE GUARANTEE ....:.....................15 Silver Spring Township Storm Water Management Ordinance Table of Contents - i .e ra_. iu?ez'a gym'. u'J1aM1°#15C??:?. : 4'"et-4 ?M l[ ?+ . , l xS eh.?tW 1 a t ? ? ~ SECTION 312 AS-BUILT °'.ANS .......... . f , SECTION 313 PAYMEN"" 'N LIEU OF STORM WATER MANAGE': dT FACILITIES .................. .......... 16 ARTICLE. IV DESIGN STAND•'.............................. .......... 1$ SECTION 401 GENERAL ::SIGN'STANDARDS .............. .......... 18 SECTION 402 DESIGN '.dDARDS ...................... .......... 18 402.01 Pr ,aelopment vs. Post-Development ....... .......... 18 4Q2.02 De -Storm For Collection Facilities . ........ .......... 19 _ 402.03 Mc,., i . of Calculations .................. .......... 19 41132.04 Cr` Methodology and Assumptions ........ ......... 19 402.05 Co::-:[:ration with Adjacent Lands ............ ......... 19 402.06 Storm ',`Dater Basins ..................... ......... 20 ' 402.07 Gr:-?enrS,vater Recharge System .............. ......... 21 402.08 Ea,..;, i?1 Dams ........................ ..: . ...... 21 402.09 Ca;::.;, r._s ........................... ......... 22 402.10 Ste :.: Mater Flow Along Streets and Access Drives ......... 22 402:11 M; ;a .. Locations ...................... ......... 23 492.12 •,.:.>nt Rednreineat .......... :....:..... Al ......... 23 402.13 M;,ri;•,. ;n Pipe Size ... . ................. ......... 23 402.14 M. zPr?::' Specifications ............ ....... ......... 23 40115 Su-' ,., Flow Characteristics ............... ......... 23 402.16 Phrsmg Plans :....................... ......... 24 402.17 Erosion and Sedimentation ........... . 2.18 Floodplain ........................... .... .. 25 402.19 Easements ........................... ......... 25 4Q2?0 Ownership and Maintenance of Storm Water Wfanasement Facilities .................. ......... 25 ARTICLE V AD-N1TV'ISTRATION ........ . ......... 27 SECTION 501 REMEDIES ................................ ......... 27 501.01 Suspension of a Storm Water Management Permit . ......... 27 501.02 Revoke a Storm Water Management Permit ...... ......... 28 501.03 Notification of Suspension or Revocation of a Storm Water Management Permit ....... :... ..... ... 28 501.04 CM, Remedies ........................ .......... 28 SECTION 502 PENALTIES ................................ ........ 29 SECTION 503 APPEAL TO THE SILVER SPRING TOWNSHIP BOARD OF SUPERVISORS ..................... ........29 i SECTION 503 INSPECTION OF PROPERTY ................... ........29 . SECTION 505 SEVERABILITY .............................. ........ 29 t` SECTION 5061 COMPATIBILITY WITH OTHER PERMITS AND ORDINAT3,?CES .......................... ........ 30 SECTION 507 MUNICIPAL LIABILITY ............................... 30 SECTION 508 SAVINGS PROVISIONS FOR MATTERS LET PROCESS ........... 30 SECTION 509 RELATIONSHIP TO OTHER ORDINANCES .................. 30 SECTION 510 ADOPTION AND EFFECTIVE DATE ..................... 30 APPENDICES APPENDIX NO. I APPLICATION FOR A STORM WATER MANAGEMENT PERMIT - MINOR LAND DISTURBANCE .................. 32 APPENDIX NO. 2 APPLICATION FOR A STORM WATER NSA.NAGEMENT PERMIT- MAJOR LAND DISTURBANCE ..................34 APPENDIX NO. 3 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 i r SECTION 101 SECTION 102 The Board of Supervisors of Silver Spring Township finds that inadequate management of storm water runoff incxeases downstream flooding, eroding and/or silts stream channels, pollutes water, overloads existing drainage facilities, and reduces the groundwater table. SECTION 103 TITLE - This Ordinance shall be known and may be cited as the "Silver Spring Township Storm Water Management Ordinance of 1999-1 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 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. f) Provide for proper maintenance of all storm water management structures. SECTION 104 ADOPTION-A THO TTY-APP I . B ITY - The Board of Supervisors of Silver Spring Township pursuant to the Pennsylvania Storm Water Management Act, Act of October 4, 1978, silver 5prin g `I?oWiiif[i-$[oM tVaur ?fatm ement Ordinance Article I - 1 'te'e _ i, a,s . - i . ' 1. .1 . ,a 1 a1 ? .x ?-." .?a?e+ Mme. _,sn?•?.u??'" ??a34xvat4= 4 a C P.L. 864, No. 167, as amended, the Pennsylvania Municipalities Planning Code, Act of July 31,1968, P.L. 805, No. 247, reenacted and amended by Act 170 of 1988, as amended, and the Second Class Township Code; Act of May 1,,J933, 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 hand 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 I Silver Spring Township Scocm Water Njanogerneot Ordinance ARTICLE II - DEFIMTIQNS SECTION 201 GENE Words and phrases shall be presumed to be used in their ordinary context unless such, word or phrase is dcAnp"r interpreted differently within this secWb`ri. SECTION 202 G.*ENtRAL ItAMS In this. Ordinance when not inconsistent w?th,the context: h: a) ' Words' is the presFi& tense imply also the fut ile tense. b) The singular includes the plural. C) The male gender includes the `female gender. SECTION 203 d) The`teim " `ersbn" uiciudes ail indite partnership, corporation, unincorpora'te `asgocration, estate or any other IegaHv recognized entity. e) The term "shall" or 'must' is always tnaiidatorp. Tlte=te`rm "gtay" is perriissive "'`-' a. Sp .. FI -' T .R11? The following words and phrases shall have the particular-meaning assigned by this sdctidn of thi's' Ord4iarli& Add@6rially. the words and . phrases which are'used in.this`Ordtnadce and not denied below shall have the'xdeanine'ass?ped,by the Silver,Sprt Qg T"cviiship Subdivision and Land Development 6 dhlahee Ag ' +l r - The tilling of the soil, the raising ofprpps, forestry, horticulture and gardening, including the lceeping or'?raising of livestock, such as cattle, cows, hogs, horses, sheep, goats, poultry, rabbits, birds, fish, bee's' and other similar animals. Board of S ervisors - The Board of Supervisors of the Township of Jiivc'r Spri Cttinlierland County'; Pennsylvania. Silv6t Spring Townihip Sw m water Management ordinance Article Q - 3 Channel - A natural or artificial watercourse with a definite bed and banks which confine and conduct continuously or periodically flowing water. j Culvert - A structute 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. Design Storm - 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 computitig storm water management control systems. Detention - A reservoir which temporarily contains storm water runoff. and releases it gradually into a watercourse or storm water drainage system. Devetoner - Anyone who undertakes Land Disturbance Activities as defined in this,Or,dinance. - A right granted by a landowner to a grantee, allowing 'e use or private land for storm water management purposes. Erosion - The processes by which soil particles are detached and transported by action of natural forces. Floo lain - Any area specified as.Floodplain in the Zoning Ordinance of Silver Spring Township, as amended, and the Flood-prone ,s rea/Floodplain Building Construction Permit Drdinance of Silver Spring Township, as amended. ?II1p&13?io tc Surface - Any material that covers the land which inhibits the percolation of storm water directly, into the soil, including but not limited to buildings; pavement, stone areas, and storm water facilities that discharge storm water off the site.. Lang Distud=e Activity:- 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 _- l 4 - Article 11 silver Spring Township Storm Water tfanaggment Ordinance (2) Diversion or pip'ug of any natural or man-made watetcourse, or (3) Removal of ground,,coyq, gradmg filling, or other excavad in excess o iyd, p) 006, except for the agricultural W6 brl d wltcn oparated in accordance with a farm conservation plan gpproved by the Cumberland County CodservaBion Dist ct. b) 'Minor Land Dis41rba0ce, T'he use g land involving: (1)°'` The installation of new unpervious or semi-inrpervious 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 (5400) 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. Peak Discharge - 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 infiltration of saidswater into the ground. Sedimentation Basin - 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 - Those controls and measures (e.g., storm sewers, berms, terraces, bridges, dams, basins, infiltration Silver Spring Township Storm Water Alanagentent ordinance Article II.5 _??? ""e4.i yr!t }H ia:enN3.W+. _ _, •. nom.«.?..?_`??dYKanl?'6E "-?v9_?*$. _?su.2.i`.rv:YmtAr.' nbti -y dua.rv; y.'GFiJG+v'43$.'?_.J? 3??e?S???' J I systems, swales, watercourses, and floodplains) used to effect a storm water manageniorlt program: "' Stoma.Wam &'Unm drainage runoff from the surface of the land resulting f in precipitatton.or snow and ice melt. Township - Silver, 4r4 Township, Cumberland County, Pennsylvania. Watercourse - 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 11 Silver Spring Township Storm Water Management Ordinance -- ? AR.'TI.,CLE ITT C SECTION 301 GENERAL PER=,PR M, REQUIREMENTS A Land-Disturbance Activity, as dotined iii this Ordinance, shall not be initiated until a Storm Water Management Permit has been issued. SECTION 302 APPLICATION PROCEDURE_ All;,qpgliicWV;is_for a Storm Water Management Permit, the activity for wliicli.so cor?titutes a subdivision or_land development, shall be submitted concurrently with all Silver Spring, Township Subdivision and Landevelgpinent ordinance applications. Applications for Storm Water Management Permits will be' sub uiiii?d in conjunction with preliminary plans (when preliminary plans are. required). Action on the S,cRrrn ?VAteC .Ma ge zit PeF#Yu[ w } be matte iri. coniunction with, the preliminary plan under the Subdivrisi6ir and tand Development All applications for a Storm' Water Management Permit, the activity for ?clucll.des ttcotist;tptea:subd „gisibp or land development, shall co0orrlritl> the below procedures:., ;An Application for a Storm Water Mapametnent Pbhuit shall be submitted to the township-designated rep eseitfutive wlio has been to receive 9P aoiized' pIications at the Silver Spi-mg Township Building, on any business day. The Township shall forward the application to the -Township Engineer for review. The Tow % iQ designated renrPSPrnafive shall, within sixteen (16) days from the imu'licipaLreceipt of an application; 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 Tgwnsh p E er_ro-render a decision and c6nun_ unicate it as prescribed above shall notbe'ddeemed an approval. A notice of disapproval shall cite the reasons for disapproval. SECTION 303 APPT TC'AT1ON REQKME MENTS . 303.01 Minor Land Iisturbance. An application for a Storm Water Management Permit for a Minor Land Disturbance, as defined in this Ordinance, shall include one (1) coinpleted copy of the Application for a Minor Land Disturbance (see Appendix No. 1) and filing fee in the Silver Spring Township Storm Water Nanagemen[ ordinance Artiele III - 7 amounts specified in the fee schedule as established by resolution or ordinance of the Board of 9tupervisors. 303.02 Major Land.IDikit rbancel An app ica0lori 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 Manage ht Permit (see Appe,hdik No. 2). b) Four (4) copies of the Storm Water Management Plan (see Section 304 for Plan contents): c) Filing:fee in the amount-specified'ln the fee schedule as established by resolution or ordinance Of4he Board 'of Supervisors. d) Rerformahcc?bond, wkenapplkable (see Section 309 for speorficatiorls), e) L=iability tstmance, when apptieable (see Section 310 for Specifications); SECTION 304 STORM WATER MANAGEMENT PLAN CONTENTS Storm water m=gbntent plans shalt be prepared, by professionals - ) registered in Cheotntrtotteatth of^PerthsyLattia- to perform such duties. Designs. which entail engineering: expertise shall be prepared by ;engineers. with appropriate expertise:; The plan. sftali show, be aceompanied:by, or be prepared.in accordance with-the following: 304;01 General 304.01.1 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 '3hall maintain a ratio of 1:10 vertical to horizontal, 304.01,2 The sheetsize 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'of 5). 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 Sworn Water `Ianagement Ordinance 304.01_5 Plan.date and date .of latest reyisiop. to plan, north point, graphic scale and written scale. 304.01.6 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. 304.01.7 Note on plan indicating any area that is proposed to be offered for dedicgdit to. the, Township. Auy area that is easemented and not to be offered for., ('cation 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. 304;01.8 Certificate, signed and sealed by an individual registered in the Comtlltwealth of Pew ylvania an d qualified to perform such duties, id dicating cotiY ante with the provisions of this Ordinance (see Appendix 96-. 3)',,= 304.j02 E xisting Features 304.02.1 Tract boundaries showing distances, bearings and curve data, as Igpaated,by field survey, or deed plotting; total acreage of tract, and total acreage of project_ if less than the entire tract. 304.02.2 Pxlsiiiig contours, at airtumupt vertical interval of two (2) feet for lattd with average namrarl slope of four percent (4%) or less and at a muvmum vertical interval of five (5) feet for more steeply sJgping,land. Contours shall be accompanied by the location of the' bepciStnark Within QK.iMmgdiately adjacent to the subject tract and a notatlot} indicat' g the datum used.. The.United States Geodetic purvey sl l bd used for benchmark datum. 304.02.3 Names of all owners of all immediately adjacent land, names of all proposed or existing developments immediately adjacent, and locations and dimensions -o f any streets.or easements shown thereon. 304.02.4 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. 304.02.5 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 Towtuhip Srbmt water Manigement brdimmp Article III - 9 -tw k > 4 kkY n,tr a .-.- .?.... v diaii?A w2Ge0Fwf?`.° - 304.02.6. Soils types as designated by the U.S. Department of Agriculture, Soil Conservation Service, Soil Survey of Cumberland County. 304.02,7 Designation of the location of on-site and off-site sub watersheds. 304.02.8 Designation of, the,,location of the time of concentration for the on- site and off--site sub-watersheds. 304.03 P= osed Features 304.03.1 Proposeii=land use, total number of lots and dwelling units, and extent of commercial, industrial or other non-residential uses. 304.03.2 Locations and dimensions of all proposed streets, sidewalks, lot lines, building locations, parking compounds, ilrlperyious and semi-impervious surfaces, sanitary sewer facilities, water facilities, storm water mans emoot facils, utilities, and other significant M features. Thrs ltmat°loii shall be provided to the detail necessary to construct the facilities. 304.03.3 Proposed changes to land surface and,veg,6tative cover *including areas to be cut or filled. 304.03.4 Proposed Topographical Tula; This information shall be provided by contour lines Mi dieating fhe:existin, -a'nd proposed grades of the site. Contour lines shah be provlded;atstwo (2)fooc.vertical intervals for slope of fquF_V, ' -o A,t(4 }-or less, and at vertical intervals of five (,fget.fgFore steeply sloping land. 304:03.5 Plans and profiles, of proposed stout -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. 304.03.6 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. 304.03..7 Plans and profiles of all-erosion and sedimentation control measures, temporary as well as permanent. 304.03.8 Designation of the location of on-site sub-watersheds. 304.03.9 Designation of the location of the time of concentration for the on- site sub-watersheds. 10 - Article III Silver Spring Townsl¢p Storm }Vwer Management Ordinance Y i 304.04 Written Report and Calculations 304:04.1 Calculations; assumptions criteria, methodology, and references use, m-the desigtt'ofstdrm water ii an sta agement facilities, the i eblishtnent of 4ac#pes', and the pre-development and post- development peak d charge This information shall include data on all sub wa¢rslSedtsi _Opliciints are encouraged to follow the Standard Corh&faha'ti 3 able provided in Appendix No. 5. 30404:2 For all liasms, a plotting or tabulation of the storage volumes and discharge ctifY+es with corresponding water surface elevations, inflow hydro graphs, and outflow hydrographs. 30404.3 - ° Soil structures am7 characteristics shall be provided for all o t", proposed groundwater recharge systems, and detentionor retention basins which (a) hold two (2) acre feet or more of water, or (b) have, anenihankn@iE thaC'is'six (5)'feet or more in height. Plans and data prepared b a registered professional experienced and educated m soil mehanics shall be submitted. This data shall provide esn solutions r frost heave potential, spring-swell potential; soil tieaiitig strength, water infiltration, soil settling characteristics, fill and back-filling. procedures and soil treatment techniques as req'u'ired to protect the improvements or structures. The following regiurements apply to all proposed groundwater recharge' methods'pf 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 in+ hided in each soil group and at least one percolation test must be conduefed for each five lots proposed for development: Testing, in general, should follow the same guidelines 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 thetownship. 304.04.4 Description of all erosion and sedimentation control measures, temporary as well as ) permatient, including the staging of land moving activtttes; sufficient in detail to clearly indicate their function. All erosion and sedimentation control measures shall conform to the requirements,of the Pennsylvania Department of Envirorin enial Protection,' Soil Zrosivn and Sedimentation Control Manual. Silver Spring Township Storm Wawr Management Ordinance Article-111 - I l f'.'11 abr3Y 7 nt s rn 5 x... =?a 304.04.5 Description of an ownership and maintenance program, in a recordable4ottn; that=pearly sets forth, the ownership.and maintenance responsibilities for all temporary and permanent storm water managetnent,facilities which shall include the following: a) Description of the method and extent of the maintenance requirements. b) Identification of an individual, corporation, Assoc; iation 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) Establishment of suitable easements for access to storm water inanagement 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 casks, the documeni shall be-recorded prior to the initiation of construction and be fully effective at the post-construction period. 304.04.6 A Pennsylvania Department of Transportation Highway Occupancy Permit for any storm, water management facility proposed within the right-of-way of any State road. 304.04.7 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. Ill Silver Spring Township Storm Water Management Ordinance 304,04.8 Notification of-approval frbriifthe applicable State and Federal agencies for any_proposed encroachment into the wetland. 304.04.9 A'"5dhedule.for ttistallation_of the control measures and devices. In all cases', the proposed'. storm water ir?B.,.. ement devices must be Completed prior fa the construction o7 a iditional impervious areas. MODTfTC,4TI?? OF ?j,ANS A mollification of a} ipproved Storm Wales lviana,aement Plan shall require a ne?v l3ermit exatpf that the 0T was ngineer may authorize modification provitted tlia`t such modificattot>fi do° not (1) alter the storm water management facilities in a manner which significantly affects the discharge of Storm iVaiei roan adjacenti prbperiy,'or (2) significantly relocate a major storm water management facdhy`within the project. SECTION 30d'? e" r' The provisions of this Qrdu=,Fe arp intended _aszminimum standardsfor the protection of ttYp- pubhctealt, safetpy and'w"elf°are. The Boar of `" Supervisors may, rant a waiver from lip9i7d comp1price with mandatory provisions of the rdrh nee where th:?.. alit therd??will novconstitute a violatib'nta law ifstie applicant can deoSiraFte,eitier (1) that ccv.phI lice W,-Q.u catTSe undue hatt?isltlp as it ap lies to a particular property, or ) rhat.an alteitlagve proposal will Aow for equal or betters 306'.01 ciI ycedq" S a1V1 v. , 30 :0(1 f -X r q tis`t ft.r A'N Vver. Acappe s?ayI be submitted to the r, . de5i tet{ TvwnSitti repFesehtative at, the dyer Spring Township - Building, on any bU iness tb request 5shall be made in wiititig and?idennly (1) ,%,Y,,- decision ciic secon of the ordinance or which is requested for waiver or appeal, (2) the proposed alterisative to the m uireineht, 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 parties of the meeting at which consideration of the request is sClie3uled. 506.01.3 The Board of Supervisors shall, following the consideration of the request, take Such public actiali,as it shall deem advisable and ndtify'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'Srortci water-Manageinene Ordinance Article III. 13 x SECTIOI3 307 EXPIRA PIO QF ` A S Q M 3Y& ILE MANAGEMENT PEI. All Storm Wate*fl Paa?ilf h Permits shall expire twelve (12) months from .1te11 of issuance utliess an,extepsion of time is :approved. An exterg,iorn of an unexpired' Storm Water Management Permit shall be issued iy 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 Manatgement Plan, and (2) in the case where sd6st4ntial`improvements have not been completed, any new statrdard wouio not Alter the application. The re('ii$al of'an extension of time shall cite the reasons for such refusal. A Stotm.VYter Management Permit shall )}otexpire while a request for an extension is pending. SECT; 1,044. 30$ - M? ? a OF INSPECTIOlYS I'nspectiow shall'be required.prioi to the stmt of construction,, during 1nStallati?p of materials and structures, and upon the completion of all lmprovoriienYS. Prior to the initia I - I. In of con. ption, the developer shall arrange a jk6e ebnstruction eetuig with the Tovvi}ship Engineer so that an inspection schedule can be coordinated with tbq construction schedule. The Township Engineer shall be notified'twb (2) working days in advance of any intendeq date of construction. The-.provisions stated herein sflali not be construed as mandating periodic inspections and the undettildng of periodic,#ispections shall not be construed as an agceptance' df the Work du?ij* c6otructiot; or as a final inspection of the construction. The Township shall inspect'All phases of the Land Disturbance Activity including, but not lin*pd to, the follOwmg: Tfabr a) Prior to the start of any Land Disturbance AeiOt . b) During construction of the permanent storm water management facilities at such times as specifed by the Township. 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,yntil the preceding phase has been inspected and approval has been noted on the permit. J r 14 - Article III Silver Spring Township Storm Water Martagenlent Ordinance Any portion of the work which does not comply with the approved plan mast- he corrected by the applicant, No work may proceed, on any subsequent phase.until the required corrections have been made. SECTION S09 The Township may, prior to issuing a Storm Water Management Permit, r ire a Performance' Guar?{rtee for tor;;i wAE r detention, and/ ,pr retention tion basin, erosion control facility; and other drainage facilities which may adversely affect adjacent properties, streets or other public improvements. Where re?Li*ed,, the developer sheM,file with the ]Board of Supervisors, ftnaticial se iityn alt amount sufficient, t4 cgver the costs of the storm water manaenent:facilities. The administration of the fmancial security sl}a}1 comply with the, financial security , provisions. of the Silver Spring Townships Subdivision and-Land Development Ordinance of 19.94, as amended. 4 .:, ,,. SECTION 310 LIAR try Neither issuance of the Permit nor compliance with the provisions hereto pr any,cpnditiops i}pposed by the mknicipality shall relieve any person from a$'y'tesponsi?il_ity for damage otherwise imposed by law, nor inaposg: any hab}iit,y upon Silver Spring To?ylrship or its officers, 4 appointkd professionals, and employees for damages to persons or property: SECTION 311 _M ISA 4LL _ NCF .UAAANT) R 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 functionof 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 anq,be otthe same type of financial security as required in this Article. SECTION 312 AS-BUILT PLANS Upon coinpletion 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 Wawr Management Ordiaaace Article ID - 15 accordance with the plans and specifications as approved by the Township. Thi l wsha l e al deviati on 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 Yetnaining copies for the "Township files. SECTION 313 PAYMENTS IN LIEU OF STORM WATER MANAGEMENT FACILITIES 313.01 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 `cwlteie • e T6w ",, jW Township ELI gin the Township may, in its sole disctttton; require'the payment of a fee-in- lieu of compliance with the provisions of this Ordirrance. In determining whether a fee.mAy be''iniposed by the ToNQU hip in lieu of compliance with the provisions of this Ordinance, the Township shall consider, where relevant, the following criteria: 313.01.1 The amount of impervious area to be added to the site; 313.01.2 The relationship of such impervious areas to property lines; 31.013 The area available for on-lot storm water management facilities; 313.01.4 The capacity and condition of receiving channels; 313.01.5 The location of existing or proposed storm water management facilities which would affect, or be affected by development of the site; 313.0.1.6 Such other information as the person proposing development or the Township may deem relevant. 31110' 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: 313.02.1 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. 313.02.2 The fee must be paid to the Township prior to issuance of any permits. 16 • Article III - Silver Spring Township Stonn Water Management Y 1 313.02.3 313.02.4 313.02.5 All money paid to`the toivnsh p in this manner shall be kept in a capital reseFyg fupd estapl' lied as provided by law. Money in such capital`res6rve fund Dust be 'used only for the acquisition of land, construction of facilities, or maintenance of facilities for storm water management purposes. Funds collected pursuant to tbis. section shall be designated as collected from the watershed district in which the proposed dev lopment is to occur. Thereafter, monies expended from the fttp for storm Water mattagepxeut„fag¢itlgs in any one district may not exceed tngmei `cpIleetkd, frgin, 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 T.OIG W" has establish'ed' a capital reserve fund. a'; >: A. i•. j. SilverSpring Townshl Slotut l? ateY M?ftagemeflt_OPainance Article III - 17 , P SECTION 401 GENERAL DESIGN STANIz?1RDS In;the interrsst rri requctttg the totaI Arta. Of impervious surface, preserving 44 s feat?tbs tvhi?h;*e criticxl to storm water m eiiieut, and redu g the dtrY eewwoif of storm water flow, the designer shduid constdr imagitya ive design concepts and the flexibility provided by the, waiver-Process Maxiinum nsi shoWd be'imade of.the eitisting on-site natural and man- made watc Sforiti'r'Ynan?gemd`nt 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. SECTION 402 . 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. 402.01 Pre-Development vs. Post-Develpl2menl. The peak discharge of the calculated post-development runoff to an adjacent property shall be based upon the location of the property. 402.01.1 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. 402.01.2 The calculated post-development runoff from property located outside of the Hogestown Run or Trindie 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 11 storm event. The twenty-four (24) hour rainfall values are as follows: 13 - Article IV Silver Spring Township S[nrni'water Management Ordinance , '?.y .. Rainfall 2.9.. j ?. JO 4.7" 25 [ 5.1" 100 6.4.. I uno calpplamsA1 .the pre and post-development comparison shall be based upon the:tiea?aow fion z tWo.(2), tep..(10), twenty-five (25), and one kindred (100) year storm frequency. The peak discharges and voluf runoff shall be ?etert}etl by ustn03 Ttational Method for watershds,les that fien (15) ages, and fo_larer watersheds, the .. licst vr5xona?ti Schntt a1,.1te1e No,,SSiIan.Hydrology for Small Watersheds, or an acceptable, en, inee[ring medtod,,ysubject to Township approval. ?& pre-ct?velCOQni chi utatio{s5, all run?l coefrcients within the P,rolect shad be based oq.neadRw use.,iQ7,' ttp land use conditions used to Bete ne s otm,Po?s,[pr d %pipg storm facilities shall be based on existing land asps, 402.O! a l?r's-i Morin 1;'or Collection Fa i + .c, The design of storm water management collection facilities that service drainage areas within the - rte shall: P.P lgasecl upon the peak flew fxo n a twenty-five (25) year stout frequency event r All devglo}iic tits }sl>fgjl tztC?rtde tgn provisions ghat allow for the overland cronveyance o [fie poste eveIopment one hundred (100) year pe It flow a lt; the site with9, at:damage to any,iirivate or public ptoperty. 402.03 Method of Calculations. Runoff calculations for on-site storm water conveyance facilities shall be,kasgd upon the tional Method or an acceptable engineering design il}etk}ocl, sublet[ to Township approval. 402.04 .., Crjjwgita,_Methodolpay apO 4,smu ions. ApgroPr ate values for runoff Coeiicieptstune of c poentratiq and tainalI intensity shall be from the latest edition of the Commonwealth of Pennsylvania, Department of Transportation pesign Manual, Part 2, High tvay lJe;fign, Chapter 10. .? Use of other cn a iu, m t adplq y, assumptions, references, calcutatiom trietlttads azid(or eomfiuter tnosielit rnay.be accepted; provided detailed desfgn informatiun?;ttl rogYainrt{i>Xg_with refereiiees.are submitted and a 7roverl,? diewTownsltip, 402.05 on t,itll Adiacent Lands Consideration shall be given to the _ relatizinsllip P.f the sub}ect property to the ,drainags pattern 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 Mana$hner¢ Oriiinaac4, Artide ly - 19 contiguous, storm water trai tgement facility into which it flows, unless the existing flow at the perimeter of the site already exceeds Ae capacity of the existing facilities into which it flows and the discharge does not € alter the calculated pre-development discharge characteristics. Storm water shall not be transferred from one watershed to another, unless (1) 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 the peak discharge odto adjacent lands, or (3) casements from the affected downstream landowners are provided. Stoirid' water runoff fromi the subject prop ?> ty shall flow directly into a ItaturhI waterc`o'urse or it= an existing st66n' sewer system, or onto adjAbent•properties in a mantier'ihn lar to the runoff characteristics of the pre-deveIopffient flow. 402.06 Storm Waxer Basins. Retention, basins and detentiop basins shall be designed with a minimum one (1)'fOot freeboard Above the design etevation'af the onerlundred (100)'.year water stir ke at the emergency spillway. 'Additionally, basins shall`lie designed to safely discharge the full 100-year peak discharge of a post development storm event through- an emergency spillway in a manner which will not damage the integrity of the balm. Basins shall not be located` over any existing or proposed utility line. Storm water basins located in known sinkhole-prone areas are required m be lined to `?reventinfultration into the 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 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 permanent pond basins. All other basins shall have provisions for de-watering, particularly the bottom, anti.shall not create swampy and/or uninaintainable 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 (195) shall be provided. Discharge structures shall be } designed to eliminate the possibility of blockage during operation. 20 . Article N Silver Spring Township Storm Water Management Ordinance Basins which are to pted i or adjiacent to a residential zone and viewed by tIhe'Townshtp as apotenfial.hazard to the pubic safety shall be completely surrounded by a ,fe ' or wall of not less thanfour (4) feet in height. The fence or wall shall not have an,gpeningor gal lar-uer than itivo O inches and be provided with a self,e>osing and self-laiching gate.. 402.07 Groundwater Recharge System. The use cif gmundu ater-r-echa[ge systet?s dill only b perntted in cases, where the applicant has demonstrated that a to alivve tacillt[es axernot . f possible and the area is not ;. :, a known si ikhole-prone-loeattgn. 402.08 Earth Fill Dams Bases which -aze. desigzrgd with earth. fl dams shall be desired by a registefed ro?'esstonal en >?neer with experience in earth- filled dams and shall incorporate the following minimum standards: 402.08.1 The maximum water depth (measured from the base to the crest of the ennlergeicy `spillwa'y) shall not exceed six (6) feet, unless approved by•waive'r of the Township. ,aOP 402:08.2 The £ri UMMum top v/t'atli of all -dams shall be five (3) feet; unless L, approved hy, waiver of the i QIYPship A 402.08.3 The,siile slopes' otearth till dams'shal{ not be steeper than three (3) horizontal to one (1) vertical on both' sides of the embankment. T. 402.08,4 Basins without restricted access shall have impoundment areas with side slopes no greater fY an 66,N horizontal to one (1) vertical. 402:0$.5 A cnfoff trenelj„of unpervious material shall be provided under all 402.,08.6• All pipes and eulyerts through do s 'be reinforced concrete and have properly spaced concrete cutoff collars. 402.08.7 All riser pipes shall be reinforced cement concrete. 462.08.8 Minimum floor elevations for all structures that would-be affected by a baslh, other'temporaryimpoundments, or open conveyance. systenisi *Ifiere pondilig may occur shall lie two (2) feet above the 100_yeaf water surface ;acid/or one (1) foot ab4? -e the 500 year water mrfacdFlf basement or underground_ facilities are proposed, detailed calculatio'T addressing the `effects of storm water ponding on the structure and water-proofing and/or hood-proofing design information shall be submitted f6r approval. The Township may, upon recommendation of the Township Engineer;` impose additional requirements on earth fill dam for the safety and welfare of the Township. Silver Spring Township storm'wiler Management ordinime, _ Article IV - 21 402.09 Ca acities. The capacities of the pipes, gutters, inlets, culverts, out. structures, and swalgs shall consider all possible hydraulic conditions. The following aTr mltllttiuff s gn standards: 402,09.1 Grass swales,and roadside gutters shall consider both the channel velocity and stability. 402.09.2 The "h 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 21 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 sysstem shal ;be a nimmium'of two and one-half (2 1/2) feet per second: 402.095 Inlets, culverts., and basin discharge, systqqns 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 Transportation's Design Afanual, Part 2, Highway Design, Chapter 10: 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 pond ng occurs, inlet capacity shall,be.based on accepted engineering design practices. Culvert design shall consider either inlet/outlet control or a combination of hydraulic losses 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 Flow 41on Streets and &cess ri%-es. Inlets. shall be along *-curb line and are.not pertpitted alpng the curb radius at an intersectioq, When possible, inlets Shall be, located away from the side lot property line to avoid conflicts with driveways. For the purpose of inlet plarpement,; curb, gutter, 'or roadside sw.a1e, 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-half (112) 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 PennDQT Design Manual. 22 - Article IV Silver Sppag,Township. Storm 94'ater Management Ordinance 402.11 b4anhole Locations. Manholes shail not be spaced more thazi five uudle : (SO.O) ;feetapart. 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 Alignianent Rg irement. If less than a fory-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 Minimum Pipe Size. Storm water management pipe collection and conveyance systems shall have a minimum diameter of fifteen (15) inches. 402.14 Material Soepi cations. All material and installations must comply with 'the Towitsl Rs Xmprbvetnt rite Speeicah6ns Manual. 402.15 Surface Flow Characteristics:? The'iuaxftum Swale, gutter, or curb velocity of storm water runoff shall be maintained at levels which result ;,in a sta'Isle conditiou'15 during 4A d after coastructiorr. The following `arescoii?idered characteristics of a Stable condition: a) It neither aggrades or degrades beyond'. tolerable limits. b) The channel banks do not erode tgAthe extent that the channel cross section rs changed appreciably." c) Sediment bars do not develop. d) Erosion•does riot occur around culverts anp .,bridges'or elsewhere. e) Gullies do not form or et6fge. due to the entry of uncontrolled Stbrnl water'runofF 402..15.1 Grags-lined channels shall be considered stable if the calculated velocity does not exceed the allowable velocities shown below: a) Three (3) feet per sed6hd where only sparse vegetation can - be' established and maintained because of shade or soil condition.:'' - b)` 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 -- divefted during establishment of vegetation. letting and mulch or other equivalent methods for establishing vegetation shall be used. Silver Spring Township storm water Management Ordinance Article IV -23 ., ?ia?Y-P? ¢wsz''r2 s? ?waa!s? -tom ,.?ee.?,?c?.,_ a? d?s??n-z`a r?NZ ®•?°?"? d) Size (6)feet per second where th'ere' exists a well establisher, ?r sod'?lf glay. Where swale bends occur, the allowable velocities listed above shall be divided by the following factors: Decree Bend Velocity 0 to 30 1.50 30 to 60 1.75 60 to 90 2.00 90 and over 2.50 The above„grass-lifted chanpel; 0,6v may 1,e exceeded if the designer.oan provide acceprabie supportive design criteria as proof of erosion prevention: 402. 15.2) i?ttere .tlie velocrty 4f,stvzmrwtite rtutofif oxcreds 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:. 402.15. Sump Pump4ischarggs and siuailarly, roof drains will be directed to lawn areal awi from residences, into areas that will surface drain to conveyance' structures (e:g. swales and storm sewer collection systems).. 402.16 Phasm Ps lens W}e ppplicatious, are sitbAltted in phases, and if remporary'facilites ate required for construction of a phase, such facilities shall be included in the submitted plans. MI phases of development must comply with the proyisiops• of this Ordinance. In the event temporary measures cannot adequately handle the storm water runoff, the main outfall line shall be included as pan of the construction of the proposed phase. 402.17 r ,i,n "nn Seer bWntation, All land disturbance facilities shall conform to the requtrements.offhe 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 minimize soil erosion,,and sedimentation: 402.17.1 Stripping of vegetation, grading, or other soil disturbance shall be dgne in a manner which will minimize soil erosion. 402.17 .2 Whenever feasible, natural vegetation shall be retained and ) protected. 24 - Article N Silver Spring Township Storm Water Management Ordinance 402.17.3 The extent of the disturbed area and the duration of its exposure shall be kept to a minimum, within practical limits, 402-17.4 gift; temporary seeding, inuichin?, or other suitable stabilization measures shall be used to protect exposed critical areas during construction. 402.17. 5 Draitlage provisions shall accommodate the storm water runoff 6atl?.during and after construction. 4M, 17.6 Soil erosion,and sedimentation: facilities shall be installed prior to any,onsite:grading. 402.17.7 The design plan and construction schedule shall incorporate measures to minimize soil erosion and,sedimentation. 402.17.8 Retentioinahd/or detention basins, and water carrying facilities shall be stabilized in accordance with current engineering and Soil Conservation Seryice practices. 402.1$ Fl in: Alhstorm water management plans shall conform with the Flootiplain Standards .secified inthe Silver Spring Township Zoning Ordinance, as amended. µ 402.19 Eas?emenrs. Wien consideFeti appropriate; easements shall be provided where storm Water.or su}face water drainage facilities are existing or proposed, whether located within or beyond the boundaries of the property. FaseRpts fqx maintenance of pipes and culverts shall run from outlet to m1et Normal lot grading will not require easements. Swales which receive rµitbff from more than, one other lot must be provided with an;easexr;ent. Easements shall have a minimum width of ever" (20) feet and shall be adequately designed to provide area for (a) die c,Rilection and discharge of.watet; (b).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. 402.20 Ownership and Maintenance of Storm Water ManaaementTacilities. 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 Tow hip Storm water Mamgcment Ordinance Ardele IV .25 water management facility, a description of the methods, procedures, and the extent of ma'interiatiM 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 mainten2nce 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 td correct unforeseen problems caused by storm events within, designed frequencies; 402.20.5 Reirioval of all temporarymeasures and installation of permanent measures upon completion of the project; 402.20.6 aequirements of the Pennsylvania Department of Enviirohmental Protection, Chapter 102 Regulations. Ownership of all storm water management facilities 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 Township specifications. j 26 - Article IV Silver Spring Township Storm Rater Management Ordinance # ARTICLE V -- AD1YI NISTRATION 71 i SECTION 501 REMEDIES 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 Permits hereby declared a public nuisance: In the event.of a violation, Silver Spring Township may initiate the following acti6ns: 501.01 Suspension of a Storm Water Management Permit 501.01.1 Any permit issued under this Ordinance maybe suspended by the Township based upon: a) . The noncompliance with or failure 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 during construction which constitutes or, creates a hazard or nuisance or which endangers the life or property of others. 501.01? Under the suspension of a permit, only Such -werk as the Township so 4uthorized 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 Storm Water Management Ordinance Article V -27 501.02 . Revoke a Storm Whtei Manadeirit nt Permit Based upon a report,from theTo($riship Engineer that 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 Requiip.protective measures to bet en and assign a reasonable title period for the necessary action. . 'y,, 501.02.3 Authorize; protective measures:to bge done and lien all cost of the work againstthe proporty-on.whiclivork is required. A permit which has been revoked,canuot 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 Mana eg ment ermit = 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 applicari at his, last known address. Such notification shah: 501.03.1 Cite the specific violation, describe the requirements which have not been met, and cite the provisions of the Ordinance relied upon. 501.03.2 Identify the. specific protective measures to be taken. 501.03. 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 landowner. 501.03.4 Identify the eight to, request a hearing' before the Board of Supervisors if aggrieved by the suspension or revocation. 501.04 Civil Remedies 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 29 - Article V Silver Spring Township Sturm Water 'Nianagement Ordinance .,samo,, 'T,he,expense of such proceedings shall be recoverable frorn the violator in such manner as may now or hereafter be provided by law. sE0'I`ION 5,02 , .,PENALTIES. _ _ ,_....,.? .. .. ..... . ... .. _ any iiersttq Zvi g shad violate, any of the provisions of this Ordinance, or. who shall, fail to com?ily 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 fine payable to Silver Spring Township of n6i; more than one thousand_ ($1,000) dollars for each violation;. recoverable with cost. In default of payment,pf tlte,f{ne, such person;shallbe, liable to,imprisonment for not moreaii thirty (30) days. A new; and separate violation shall be deemed to be 6pmmitted for',gagh day after receipt of the aforesaid notice that r,such v,,,iolation exists, . In addition, the Township may institute injunctive, or any other appropriate action or proceeding of law or iu.es ity for the enforcement of this Ordinance., ;Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, writs, or other appropriate forms of remedy or relief. SECTION 503 ,AP1;AL TO THE S V R $=PM Q JaW _5HIP BOARD OF Any, persons aggrieved by a4y action of the Township may appeal to the Pnard of Supervisors within twPnty days of that action. SECTION 504 MNSPECTION OF PROPERTY Upon presentation' of proper credentials, duly authorized representatives of Silver Spring Township may enter at reasonable tunes upon any property within the municipality to tnestigate'or ascertain the condition of the subject property in regard to any aspect,re¢ulated by this Ordinance. The landowner shall grant to the Township, or its agents, access teithe site of the work at all times, while .under constnictioti, for the purpose of inspecting the work. SECTION 505 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. S4ver Spring ToSVnship Sto[Tn t\'ater, Vtauagement Ordinance Articie V, 29 SECTION 506 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-ally other statute; code, ordinance or .regulation which provides greater protection shall control in the event of conflicting regulations. SECTION 507 MUNICIPAL LIABIL-17TY The degree of storm water management sought by the provisions of this Ordinance is considered reasonable for regulatory purposes. The issuance of permits by Silver4phlig Totii+nship, its officers, or employees, shall not be deemed toA relieve the developer of responsibility, if any such responsibility exists, to those adversely affected by the drainage-of water. Further; the thunicipaltty'througlt the issuance of a peMilitnssunies no resp4 r iltty°to either the c1"eveloper or the adjoining property owner'affected'by'the drainage of water. SECTION 508 SAVINGS PROVISION FORMATTERS IN PROCESS Applications validly, submitted to-thee Township per approval and any litigation pending under or because ofaiiy 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. SECTION 509 RELATIQNSHIP OF OTHER ORDINANCES Except only as otherwise provided in Section 508, all other ordinances or parts of 6idinknees inconsistent herewith Shall be and are hereby repealed. ST'`-TION 510 ADOPTION AND EFFECTIVE DATE This Ordinance shall become effective five (5) days after its enactment by the Silver Spring Township Board' of Supervisors. J 30 - Article V Silver Springe Township Storm Water Stanagement Ordinance DULY ORDAINED 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: /? 91J F-IG z,-?2 /m-& SEAL znprvasor Su ervisor it Silver Spring Township Storm Water Management Ordinanee Article V - 31 SUPERVISORS OF APPENDIX NO. 1 SILVER SPRING TOWNSHIP Cumberland County, Pennsylvania r- Npplication is hereby, made to Silver Spring ownship for the issuance of a Storm Water Management Permit mrsuantto the s eetfications herewith submiTtted. 1. Name of Property Owner(s): Address: Telephone No.: 2. Name of Applicant (if other than owner : Address: Telephone No.: 3. Project 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 the lot confil gur ation, building location, grading, and storm water management facilities shall be shown on the reverse side of this p! &e. 6. Storm Water Management Plan Prepared B : Address: Telephone No.: 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 age is true, correct, and com. lete. Date: Signature of Applicant For Township Use Only File No.: Date of Recei tfFilin : ra,V,t»r: U V FirLE I J Trip; UENERAL PLAN ON THE REVERSE SIDE OF THIS PAGE. (See Section 303.01) _.1 1 32 - Appendices Silver Spring Township Stonn Water Management Ordinance ql IN ? P14N L. ......... ....... . ... ... ?.... yn 1 .. . j; .... . ....n ............. {....... ....... .. . {.. «. ( . ..... { . 1 : : . ...... :.:. ....... . ...:... .. .. :.. ... . .... . . ; . . 1 ..1.. . . .1... . . i . _? 'T . ' . ..... 1 i. i The following shall be shown on the Plan: Lot Configuration B,etms Building Location Terraces Contours or Plow Arrows Bridges Storm Sewers Dams Scale: 111= (4 squares per inch) lnfi'tration System. Swales'. Watercourses Fltdplains Basins Silver Spring Township. Storm lyater Management Ordinance Appendices - 33 APPENDIX NO. 2 APPLICATION FOR A STORM WATER MANAGEMENT PERMIT MAJOR LAND DISTURBANCE SILVER SPRING TOWNSHIP Cumberland County, Pennsylvania Applicautin is hereby made to Silver Spring Township for the issuance of a Storm Water Management Permit ursuant to the s ectfications herewith submitted. 1. Name of Prope rQr Owners : Address: Telephone No.: 2. Name of Applicant (if other than owner): Address: i Telephone No.: F.4 Project Location: Type of Earth Disturbance Activity: A. New impervious or semi-impervious surface (sq. ft./ac.) B. Diversion or piping of natural or titan-made watercourse (linear ft.) C. Installation of the following: Culvert Retention Basin Detention Basin - Sediment Basin D. Removal of ground cover, grading, filling, or excavation (sq. ft./ac.) 51f the property is the subject of a subdivision or land development, provide plan book record number or Township identification number. L 6. Storm Water Management Plan Prepared B : 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 complete. Date: Signature of Applicant For Township Use Only File No.: Date of Recei UFiliri (See Section 303.02) J 34 • Appendices Silver Spring Township Storm Water Management Ordinance Silver Spring ,Township;3totrttRater Mada$einerd©rdinance - -.Appendices-35, ..?1?1 ,E APPENDIX NO: 4 STORM WATER MANAGEMENT PERMIT LAND DISTURBANCE ACTIVITY Mlyer.Spring Township Cumberland County, 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 Stor=m Water Management Ordinance. Approved By: Date: Date: SCHEDULE OF INSPECTIONS Approved Date 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 Silver Spring Township Storm Water Management Ordinance APPENDIX NO. 5 STANDARD COMPUTATION TABLE G O l as ? Y u IL 0 C Z v y a vi y O L a d?^ o L [ d ? u 6. N q V C ? ?z O a 6 a ? . 0 E 2 l H O c 6 y y .I E a o - _ vcu s a ? - r F p. - < E U 6 ? •E a U e" a U a e 0 L 2 ? _ Z Silver Swine Townshin Storm Water Manaeemenr Ordinance 4 n C C o E u N en ? ' a •- eyy C 9 u c {L 3m?? aa<? fl 5 it it 6 < 6 U a a e Annendices • 37 ?w EXHIBIT "B" ,'Wrcxbdpe APPENDIX NO. 2 APPLICATION FOR A STORM WATER ANAr'FMF>`rr` PERM M-?1:iOR LAND DI iR? N[^F SILVER SPRINCr TOWNSHIP CumbeAand enuti.ty PPnnic rj .an,-? i Applic?ition is hereby made to Silver Spring Township for the issuance of a storm Water Management Permit' ursuant to the s cifcations herewith submitted. 1. Name of Pro er Owners : LETTER EA! rNCO T Address: SfFF Vim. .Qr/97riN /? E.SIdENT Telephone No e,7 2 Name of A licant if other than owner Address: Tele hone No.: 3. Project Location: Rtdt/ Yt)44,pp q' 4. Type of Earth Disturbance Activity. A. New impervious or semi-impervious surface b'. 0y (sq. ft., aC B. Diversion or piping of natural or man-made watercourse (linear ft.) C. Installation of the following: Culvert Retention Basin Detention Basin Sediment Basin D. Removal of,ground cover, grading, filling, or excavation A/2. (sq. ft. ac' 5. If the property is the subject of a subdivision or land development, rovide plan book record number or Township idcntilication number. tom! 6i, ?? //Q?,r?' ?'? F9-iP 6. Storm Water Management Plan Prepared Bv: T L. 6 er dolo w Address: E AGO 00* Telephone No.: C 7!4)$,lQ. sQEy . The undersigned hereby represents that, to the best of their knowledge and belief, all information listed above and on the reverse side of this a e is true correct. and comfetc! Date: 04 Si0lature of li t < }aw -t >S Y yi !? wkroe.'"v"?aa¢ ?.?, .....xJxMT?&,+'`4} '?tr'}? X'? w L° YC'. F;>mr lyro ... r'' ,raA r t e nys .r na3,3,'? .??y. s u, .. v vow r,?'?[ "3' 3'z F6e T6wnsh1p USe'On. Z :..M < eky :M?iF '' F; 'CO J ^te M s5F < A?' R>{. ,?4 f' > yJ° Fde No:: ;tin x x .:Y=s Date of Receipt ' r ri , z ..N» w w , y t . 11 IM ;I kbee Secuon.563.02) EXHIBIT "C" t SILVER SPRING TOWi? l SHIP Wayne hi&e t, Chalrxnan Jackie Ebkln, 'rce Chairmari- Jan N. UD mn '. Wlniam ;C. D nn i Maria L %ew July 13, 2001 Letterm .Jnc. I Attn: Mr JvfCrey Austip 716'1\% est Street I Carf islc; t .17Q 13 Dea? Mr.?Attsti?t: f vcr Spring Township has mocivcd an application supporting infotrrtation for a r Managemttt&s=(I Disturbaace:F.ermit for the Rich WICY Golf Club. Supporting i has been sgnt to the Toikv ip Eivincef for review an comment. This application is incomplete due to ydunot ha"Ing approval from the County Consmatfon District. luld you have any questions please can. Sinceiely, v a LL I I 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-10-1-1261 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 Conservation 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. Sinc?e?re?ly?,? Kimberly J. Falvey District Technician Enclosure cc: Bill Cook, Silver Spring Township Jeff Kelly, Cumberland County Planning Commission Stephen Fisher, FMR District File 3639-FM400079 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 sea. ("the Act") and Pennsylvania's Clean Streams Law, as amended, 35 P.S. Section 691.1 et lm., the Department of Environmental Protection hereby approves the Notice of Intent (NOI) submitted for coverage by: FACILITY NAME AND ADDRESS: Jeffrey S. Austin Rich Valley Golf Club 746 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 repotting 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 SUBMITTED 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 2001 AUTHORIZED BY:?L Q Cumberland County o servation j' 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 Lettermen, Inc. 40 South Middlesex Road 716 North West Street Carlisle, PA 17013 Carlisle, PA 17013 RE: Final Subdivision Plan 2000-417 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: 1. 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). Planning module must be approved by DEP (403.05). 4. Provide copies of right-of-way agreements for gas line and PP&L right-of-way (402.06.1). 5. 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). 6. 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). 7. 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 4 Mechanicsburg, PA 17050-2391 4 (717) 766-0178 4 (717) 76(x1696 FAX Jack K. and Jeanne N. Sunday Lettermen, hie. September 14, 2001 Page 2 8. 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). 9. 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 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. Sincerely, I&, William S. Cook Township Manager WSC/ksd cc: Kelly K. Kelch, Assistant Township Manager Mark B. Bruening, P.E., Township Engineer Fisher Mowery Rosendale 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 Letterman, Inc. Attention: Mr. Jeffrey S. Austin, President 153 South Hanover Street Carlisle, PA 17013 September 14, 2001 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: 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. 3. Show the location of existing healthy tree with a caliper of 6" or more (402.03.6). 4. 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). 6. Provide interior landscaping (603.14) for the area where eleven (11) parking spaces are located. 7. 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). 9. The calculated post-development runoff from the property shall not exceed the peak discharge of pre-development (402.01.2) (S.W.M.0.) 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: 1. Access drive shall be paved with a minimum of 2 '/Z 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. 2. Conditional Use approval was granted on March 10, 1999 for use of a Golf Course. 3. Preliminary Subdivision Plan creating this parcel is currently under review by the Township under the name Sunday/Letterman, Inc. 4. Permit(s) for construction ponds must be obtained from D.E.P. (301.9). Letterman, Inc. September 14, 2001 Page 3 5. Provide the location and description of all proposed lot line markers (402.04.13). 6. 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). 8. Plan must be signed by landowner(s) and properly notarized (402.06.3). 9. Provide required sight distances for posted speed at proposed access drive (602.18.31). 10. Show how landscaping requirements are met (603.13)(603.14). 11. Stormwater Management permit must be issued by Township when all conditions are met. 12. Erosion and Sedimentation Control Plan and NPDES Permit must be approved by the Cumberland County Conservation District. 13. Provide all applicable details (e.g. inlets, pipe trench, basin, anti- seep collars, protective bar screens). 14. Show requirements of pond liner system identified in "Project Features" section of application 19990306 Correspondence from Susquehanna River Basin Commission dated March 25, 1999. 15. Runoff was calculated for 7 different drainage areas, however, drainage area map provides only show 3. Also label drainage areas on plan. 16. Provide 100-year storm routing to verify adequacy of emergency spillways. 17. 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: 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. General permit required for intake from Conodoguinet Creek. 27. H.O.P. plans must be included in plan set. 28. Concerned with glare from driving range onto I-81 and lands to the south. Note on plan that all lighting shall be shielded to prevent glare on adjacent roads and properties. 29. Provide details of proposed water intake in Conodoguinet Creek. 30. Provide water consumption records required in "Findings" Section by SRBC, March 25, 1999 correspondence and/or receive copies of correspondence and consumptive use reporting. 31. Provide proof from D.E.P. that Developer is able to modify existing pond without need of permitting. 32. Add painted stop bars to parking area. 33. Provide "one-way" sign in addition to "do not enter" sign. 34. Provide most current revision date on all sheets of set. 35. 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. 36. 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. 37. That the lights for illuminating the proposed driving range must be extinguished at 9:30 o'clock P.M., prevailing time. 38. That the Applicant shall provide a comprehensive traffic analysis of the intersections of (a) Rich Valley Road and Wertaville 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. E c . . Letterman, Inc. September 14, 2001 Page 6 39. 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.. 40. 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. 41. 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. 42. 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. 43. 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. 44. 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. 45. 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 r If you have any questions, please do not hesitate to contact Mr. Kelly K. Kelch, Assistant Township Manager. Sincerely, r , 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" 01 SILVER, SPRING-TOWNSHIP vmwae Peem, Chairman . jarkiie Baku,: RieeCbaiimian Jan M. L601W Ws"am C. Duna Marla L. Lewis C BATE: September 14, 2001 W Notice seat Bp: TO: Lettertnan, lncorporatgd Ctattfret1 mao sad Anti: W 3effvy,Austin 1" Class mail 7.1-6 Nnrth Wssir_SUM Carll*L PA,1701,3 LOCATION OF PAMRT IN VIOLATION: Tax. Parcel Numb= 190 Rich Valley Road #38-06=0013-0728 Miesburp- PA 17050 YOU ARE HEREBY NOTIFIED that you am m violation of Silver Spring Township storm Water Mats pment Ordinance of 1945, section 301 in tile followiagmpa Grading, filling and other excavation without a permit YOU ARE HEREBY FURTHER NOTIFIED that.you must iutnmeft tely cease and "at . .MIother excayagt+n.uudla is.Qbt d.. Yituta t tft the v? . j4n t e+ ' Pike S' MfthWj4LAWM, PA #?M 3. 6 (711L7*01- ") .?7iFJ 7wm%-r-AX . o - - sweet e?m.aav„c,... PAUE 83 f 1 Eeforoxment Notlceof VillbtiW. Page 2 Any person who shalt v shsll be t® viri9 as Wits. of ? 'Y to ..... .U u orpaymeAtI*rW& 6ne; st i pion stAnam IImfttlIly"(30} daYi A ftw and separate violation each day Am receipt of tGe afaiesaid'actice *at spch In addition, the Township may institute mr atay.ottlta appagpraate :on^.. Wa*OXW of rdittattse..:Aaty aoattt . . t.Wouncham% Any,pM!Dns a pieved by any action of the Towpft y to the Bouta Surmisom wmti 4w * (20) days of doa on" &ckttn 301'SWfLDOrdbaoce 4f`1"5 ,.. cc: BOW of SttVexvisoxs Mx. William S. Cook, Township Manager Mr. Kelly K. Belch, Assistant Township Manager Mr. Steven A. Stine, Esgtitre, Township Solicitor 2ing• Silver T ~ I ` AR3 L M SECTION 301 A Land D stutbwv%Activity,, at defirAO All this Ordinance, shell not be initiated until a Storm Water'Management Permit has been issued. SECTION 302 AEEUC,s'fI M 9ROM trt? All applications fora Storm WaterlWagagamant. erjoeir, the activity for which also .a ivisioa.or.land alevqloptrsat,shall be: coneurvaluly sathtnittxd, wig alR ffi S ing T-ewasWp Subdivision and ivv rmom.s menr)9etmt ro • u ni a? emoubakon' ?% prelimi lev pfatla (when pr8ffi y plans are retfibVd). Action on the Storm Water ManageMetrn Permit Will be mado in coldunction *,& ,&a prelimitavey plo under the Subdivision and Laud Development Ail apps' fora:SWMWater Management Ram; .,4i or vdneh not cpti?ptut?'a s . _ nr ia,? developntest; & shantorrtr v t tow*&OdaWr, An Appikanori fbr r, uipret Wam KU.UyFMW i'etasit, "to subatiWO 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 Township Engineer for Fevi. The Township-designated representative shall, within sixteen (16) days front the municipal receipt of an application, 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. F4ure of the Township Engineer to render a decision and communicate ,it as prescribed above sball,.not be deemed an approval. A notice of disapproval shall cite the reasons for disapproval. SECTION 303 AM" 303.01 l?j r and Disturbance. An application for a Storm Water ,Ivlarie$etttent Permit .far a KwOr od Disturbance,. as defnted in this Ordinance, shall inclade one (1) completed copy of the Application for a Minor Land Disturbance (see Appendix No. l) and fiHoS fee in the S Stt4ER$R4 'X43,2a°.uatmN r:,d¢•;"A E s?P.c"Q %, Ank!a_W,-x a ??3'??+.anxaa st9c?n.wSi6?NSS. a?a-, ,.v ?.,? w3rirsWkre. -- eY? r r / -9 w ' ? 1 l O ( LI 1IIIVVVV,,,, /` ? I 'to Ta I +_1 ,J - 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 - MANDAMUS was served upon SILVER SPRING TOWNSHIP 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 18.00 Service 5.85 Affidavit .00 Surcharge 10.00 .00 33.85 Sworn and Subscribed to before me this q1 ? day of O,ZT - A. D. Prothonotary So Answers: R. Thomas Kline 10/02/2001 SALZMANN DEPAULIS FISHMAN MOR By: ,:,3 q,4 - 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 - MANDAMUS was served upon BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP the DEFENDANT , at 1435:00 HOURS, on the 1st day of October , 2001 at 6475 CARLISLE PIKE MECHANICSBURG, PA 17013 SHIRLEY BEARDSLEY 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this Z/ 4-r? day of A. D. ?? onota? So Answers: R. Thomas Kline 10/02/2001 SALZMANN DEPAULIS FISHMAN By: SHERIFF'S RETURN - REGULAR VASE 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 Service Affidavit Surcharge So Answers: 6.00 .00 „ .00 10.00 R. Thomas Kline .00 16.00 10/02/2001 SALZMANN DEPAULIS FISHMAN MOR Sworn and Subscribed to before By: me this I/ day of (1l _ -2 Gb/ A. D. 4 hli ear 'L? Prothonotary LETTERMEN, INC. Plaintiff V. 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- 9& CZ- CIVIL ACTION - LAW PROPOSED ORDER AND NOW, this ??day o 6 2001, a hearing is hereby scheduled at 30 a,-m./p.m. on the /1 day of 6L-eF?, 2001 for consideration of Plaintiff Lettermen, Inc.'s request for peremptory relief pursuant to Pa. R.C.P. 1098. r4'NVf\'i , `i", , v M LETTERMEN, INC. Plaintiff 14, 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SILVER SPRING TOWNSHIP, BOARD OF SUPERVISORS OF SILVER SPRING NO. 01 - SC S61" Ct TOWNSHIP, and JAMES E. HALL, Defendants CIVIL ACTION - LAW; vt`?.l MOTION FOR PEREMPTORY RELIEF PURSUANT TO Pa.RC.P.1098 AND NOW, comes the Plaintiff Lettermen, Inc., by and through its counsrl,alzn ann„ , DePaulis, Fishman & Morgenthal, P.C., and files this Motion for Peremptory Relief-?ursftaht t6 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 of a 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. I I 7. In the event that the relief herein requested is denied by this Honorable Court, Plaintiff will 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. Plaintiff Lettermen, 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 of Supervisors of Silver Spring Township, and James E. Hall to issue a Storm Water Management Permit to Plaintiff with 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 Plaintiff's request for peremptory relief. Respectfully submitted, Salzmann, DePaulis, Fishman 8 orgenthal, P.C. By. Bryan? Salz , squi e 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 4 r CERTIFICATE OF SERVICE I hereby certify that on the 27 day of September, 2001,1 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 Board of Supervisors of 6475 Carlisle Pike Silver Spring Township Mechanicsburg, PA 17050 6475 Carlisle Pike Mechanicsburg, PA 17055 James E. Hall, Zoning Officer 6475 Carlisle Pike Mechanicsburg, PA 17050 Salzmann, DePaulis, Fishman & Morgenthal, P.C. B Bryan S zma a ?? k % LETTERMEN, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SILVER SPRING TOWNSHIP, BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP, and JAMES E. HALL, Defendants 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 r LETTERMEN, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SILVER SPRING TOWNSHIP, BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP, _and_JAMES E. HALL, Defendants 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 presenter 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 notification por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensation reclamados por el Demandante. USTED PUEDE PERDER DINERO O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARR 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 i LETTERMEN, INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SILVER SPRING TOWNSHIP, BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP, and JAMES E. HALL, Defendants NO. CIVIL ACTION - MANDAMUS COMPLAINT IN MANDAMUS AND NOW, comes the Plaintiff Lettermen, 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, 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 Plaintiff by 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 Plaintiffs 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 Plaintiffs 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"). 1 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 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. Plaintiff Lettermen'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:Fis nan & M r enth C. G. Bryanal sq 'rq e , Attorney ID No. 61935 ?? Anthony I 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 i i EXHIBIT "A" A I t a SILVER SPRING TOWNSHIP STORM WATER MANAGEMENT ORDINANCE OF 1999 CUMBERLAND COUNTY, PENNSYLVAsN'IA SILVER SPRING TOWNSHIP MUNICIPAL DIRECTORY Board of SuperN3sors n ' eer Wayne M. Pecht, Chairman Mark B. Bruening, P.E. Maria Lewis, Vice-Chairman Pennon Associates, Inc. William C. Dunn 704 Lisburn Road Jan N. LeBlanc Camp Hill, PA 17011-7400 Jackie Eakin Plannine Commission Steven B. Deck, Chairman Karen W. Karkuff, Vice-Chairman Dennis J. Red Ken S.ecrest R. C. Sherwood Ray Brown Art D'Agostino Township Manager William S. Cook, Manager Kelly Kelch, Assistant Manager Sewage Enforcement Officer Gary Morrow 129 State Road Mechanicsburg, PA 17055 o ' itor Richard C. Snelbaker, Esquire Snelbaker, Brenneman & Spare, P.C. 44 West Main Street Mechanicsburg, PA 17055-0318 Zoning Officer James E. Hall SILVER SPRING TOWNSIRP 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, PENNSYLVANIA ORDINANCE NO. 99-8 AN ORDNANCE 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 TERMS; CREATING RULES, REGULATIONS AND CRITERIA FOR SUCH MANAGEMENT, INCLUDING THE DEVELOPMENT OF PLANS 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, l Cumberland County. Pennsylvania, as follows: TABLE OF CONTENTS " ARTICLE I GENERAL PROVISIONS ......... ............................ 1 SECTION 101 TITLE .......................................... ..... 1 SECTION 102 STATEMENT OF FINDINGS ............................ 1 SECTION 103 PURPOSE .......................................... 1 SECTION 104 ADOPTION-AUTHORITY-APPLICABILITY .................. 1 ARTICLE II DEFINITIONS .................. ..................i....... 3 SECTION 201 GENERAL ..................... :a 3 ........... ....... SECTION 202 GENERAL TERMS .................................. 3 SECTION 203 SPECIFIC TERMS ............................:........ i 3 ARTICLE III i PERMIT PROCEDURES AND REQUIREMENTS .................. 7 SECTION 301 GENERAL ................................ ........ 7 SECTION 303 APPLICATION PROCEDURE ............................ 7 SECTION 303 APPLICATION REQUIREMENTS ................ I......... 7 303.01 Minor Land Disturbance, .................. j......... 7 303.02 Major Land Disturbance ........................... 8 SECTION 304 STORM WATER MANAGEMENT PLAN CONTENTS ......... 8 343.01 General ...................................... 8 304.02 Existing Features ................................ 9 304.03 Proposed, Features ...... 10 304.04 Written Report and Calculations ...................... 11 SECTION 305 MODIFICATION OF PLANS ........................... 13 SECTION 306 WAIVER AND APPEAL PROCEDURE .................... 13 306.01 Application Procedures (Waiver-Appeal) ................. 13 SECTION 307 EXPIRATION OF A STORM WATER MANAGEMENT PERMIT ............................... 14 SECTION 308 SCHEDULE OF INSPECTIONS ............ .............. 14 SECTION 309 PERFORMANCE GUARANTEE .......................... 15 no SECTION 310 LIABILITY ......................................... 15 SECTION 311 MAINTENANCE GUARANTEE .......................... 15 Silver Spring Township Storm Water Management Ordinance Table of Contents • i SECTION 312 SECTION 313 ARTICLE IV SECTION 401 AS-BUILT ".ANS .................................... 15 PAYMEN -> ?,ti' LIEU OF STORM WATER MANAGE'. ";T FACILITIES ............................ 16 DESIGN ST i?wP..'., 3 . ...................................... I8 GENERAL 'SIGN STANDARDS ........................18 SECTION 402 DESIGN ` DARDS ................................ 18 402.01 : elopment vs. Post-Development ................. 18 402.02 Dr ";c Storm For Collection Facilities .................. 19 402.03 M: '?(,i of Calculations ............................ 19 402.04 Cr Methodology and Assumptions .... ........ 19 402.05 Ceox!riation with Adjacent Lands ..................... 19 402.06 Stoma 7Yater Basins .... .......................... 20 402.07 Grvur.rwater Recharge System ....................... 21 402.08 Ea, ':ill Dams ................................. 21 4Q2.09 Ca,r.ra_s .................. ............. .... 22 i' 402.10 Ste :- : ater Flow Along Streets and Access Drives .... . .... 22 402.11 Mz is„• Locations ................................ 23 402.12 Ali..:.:.::ntRequirement ............................ 23 442.13 M?t,int .:n Pipe Size .............................. 23 402.14 Msrer?%% Specifications ............................ 23 402.15 Su, 'c V. Flow Characteristics ........................ 23 402.16 Pf t.sim, Plans ................................... 24 402.17 Erosion and Sedimentation .......................... 24 i 402.18 Floodplain .................................... 25 482.19 Easemenrs .................................... 25 402.20 Ownership and Maintenance of Storm Water Management Facilities ........................... 25 ARTICLE V ADNI]LNISTRATION ........................................ 27 SECTION 501 REMEDIES .......................................... 27 501.01 Suspension of a Storm Water Management Permit .......... 27 501.02 Revoke a Storm Water Management Permit .......... ...:. 28 501.03 Notificarion of Suspension or Revocation of a Storm Water Management Permit ......:.......... ... 28 501.04 Civil Remedies ................................. 28 SECTION 502 PENALTIEF ........................................ 29 SECTION 503 APPEAL TO THE SILVER SPRING TOWNSHIP BOARD OF SUPERVISORS ............................. 29 j s SECTION 504 INSPECTION OF PROPERTY ........................... 29 SECTION 505 SEVERABILITY ...................................... 29 ,a s SECTION 506 COMPATIBILITY WITH OTHER PERMITS AND ORDINANCES .................................. 30 SECTION 507 } SECTION 508 SECTION 509 SECTION 510 MUNICIPAL LIABILITY ...................... a ....:... 30 SAVINGS PROVISIONS FOR MATTERS IN PROCESS ........... 30 RELATIONSHIP TO OTHER ORDINANCES .................. 30 ADOPTION AND EFFECTIVE DATE .....................30 APPENDICES APPENDIX NO. I APPENDIX NO. 2 APPENDIX NO, 3 APPENDIX NO. 4 APPENDIX NO. 5 APPLICATION FOR A STORM WATER MANAGEMENT PERMIT-MINOR LAND DISTURBANCE ..................32 APPLICATION FOR A STORM WATER MANAGEMENT PERMIT- MAJOR LAND DISTURBANCE .................. 34 STORM WATER MANAGEMENT PLAN CERTIFICATE ........ 35 STORM WATER MANAGEMENT PERMIT .................36 STANDARD COMPUTATION TABLE .....................37 Silver Spring Township Storm Water Management Ordinance Table of Contents - iii SECTION 102 STATEMENT OF FINDIN S 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. SECTION 103 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 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. f) 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, Silvet Spring Town3tiip sic rrn'Cater Management ordinance Article I - 1 t3 h iv c' ?:r ,? z a5.)„zaus,(+8^,ev ° rti;... ..zai,.xvi??s,:itit'" m• ", 3'a'$',m'e3m.Sassra Nrs'4".mdNit_?ti dH moat P.L. 864, No. 167, as amended, the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, re-enacted and I'D 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 defined in this Ordinance. The standards shall apply to conditions both during and upon completion of a land disturbance activity. 2 - Article I - Silver Spring Township Storm Water Management Ordinance ARTICLE z MFPiITIONS SECTION 201 GENERAL Words and phrases shall be presumed to be used in their ordinary context unless such word or phras JS defined or interpreted differently within this secttbn: SECTION 202 t DI ' ? TJ >AMc In this Ordinance when not inconsistent w;<th, the context: a)' Words in the ptes"ent'tense imply also the fiiture tense. b) The singular includes the plural. c) The male gender includes'the?-female gender. d) The term "person" tneludes an md11HaI, pal trership, corporation, unincorporated, association,' estate, or any other legally recognized ?.' entity. e) The term "shall or "must" 'is always mandatory. - o ul re The tilling of the soil, flit raising of,crop's, forestry, horticulture and gardening, including t 6,keeping or raising of livestock, such as cattle, cows, hogs, horses, sheep, goats, poultry, rabbits, birds, fish, bees and other'sintilar animals. Board of Su_nb visors - The Board of Supervisors of the Township of gilversprtng, Cumberland County, Pennsylvania. Silver Spring TowntNip Storm Water Mans ement Ordinance Article 11 - 3 hF1A3?.`W' r. 5.-:.?';?'--aFx,.?r., ,. ??•; .. .:.:;._ a...?:n?Araez niaus?msv?hsa?.avvm Channel - A natural or artificial watercourse with a definite bed and banks which confine and conduct continuously or periodically flowing water. uivert - A structure with appurtenant works which carries watercourse under or through an embankment of fill. Dedication - The deliberate appropriation of property by its owner for general public use. Design Storm - 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. Detention Basin - A reservoir which temporarily contains storm water runoff and releases it gradually into a watercourse or storm water drainage system. eve er - Anyone who undertakes Land Disturbance Activities as defined is this.Ordinance. Drainage )basement - Aright granted by .a landowner to a grantee, allowing the 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: Flgodpla ' Any area specified 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. Impervious Surface - Any material that covers the land which inhibits the percolation of storm water directly, into the soil, including but not limited to buildings, pavement, stone areas, and storm water facilities that discharge storm water off the site.. Land Disturbance Activity - 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 11 Silver Spring Township S[orm Water Management Ordinance (2) Diversion. or piping of any, natural., or man-made watercourse, or (3) Removal of groundcover, grading,, filling, or other excavation in excess. 4 '66 (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. Peak Discharge - 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 infiltration of said,:water into the ground. Sedimentation Basin - 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 - Those controls and measures (e.g., storm sewers, berms, terraces, bridges, dams, basins, infiltration Silver Spring Township Storm Water Management Ordinance Article ? - 5 systems, swales, watercourses, and floodplains) used to effect a storm water management program.' Storm Water Runoff .r Drainage runoff from the surface of the land resulting from precipitation or snow and ice melt. Township - Silver Spring Township, Cumberland County, Pennsylvania. Watercourse - 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: 11 Silver Spring Township Storm Narer Management Ordinance ART'ICL'E III SECTION 301 GENERAL A Land.Disturbance,Activjty, as,der"uted`ifithis Ordinance, shall not be initiated until a Storm Water Management Permit has been issued. SECTION 302 APPLICATION PROCEDURE- All ;applieatyons for aStorm , Water Management Permit, the activity for wliicIll I ::oonsa,tutes a subdivision.orland development, shall be submitted concurrently with all Silver Spring Township Subdivision and Lalsd Deek pxpeltt Ordinancc.applieiii6i sv pplieations for Storm Water Management Permits will be submittgd"in conjunction with preliminary plans (when preliminary plans are„ required). Action on the Stettin Wulff .Managenttettt Peri tntwlli;b blade in caniunction with. the preliminary plan under the Subdimw and Land Development Urdmance'. All applications for a Storm Water Management Permit, the activity for Sihich dsrnok con5tlute,.a;suladtaytstin or land development, shall confota,*14-06 below-procedures.-,;An Application for a Storm Water Mgnagernettt =Pertnit;shall be sit mitteci to the t iw ship-designated regpesentative whotliaa' been an iGrjz d ",to receive pplications at the Silver Spr ng Townsh p 33Qding, on any business.daY. The Township shall forward the application to the, TownsliipEngineer for review. The Townshi designated rear t =i ve shall; within sixteen (16) days from the rawlicipa7.receipt of ali, plicationy issue a permit (see Appendix No. 4) or disapprove die-applicadon and transmit the decision in writing to the applicant and the Township Board of Supervisors. Failure of the-Townsltap Eter.to render a decision a nd communicate r _... it as prescribed.4oove shall not.be deeiiied:an approval. A notice of disapproval, shall cite the reasons..for disapproval. SECTION 303 APPLICATION REQUIREMENTS 303.01 Minor Land. Disturbance. An application forma 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 Nlarta2ernent Ordinance - Article III - 7 r rt.;:,gyt ilN. .? r_..;,:_.. ._:-vu s t5?dki? rtisatri.U?a.wu?3za. ss.,:B3b - ? e.•.•°" 303.02 Major Land "Disturbance. An application for a Storm Water Management Permit for a Land Disturbance Activity, as defined in this amounts specified in the fee schedule as established by resolution or ordinance of the Board of Supervisors, Ordinance, shall include the following items: SECTION 304 aj 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). c) Filing fee in the amount. specified In the fee schedule as established by resolution or ordinance of the Board of Supervisors. d) Performance bond, when, 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 in the. 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.accordatrce with the following: ) 304.01 General 304.01.1 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 1:10 vertical to horizontal. 304.01.2 The sheet size shall be eighteen by twenty-two 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 of 5). 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 Water Management Ordinance 304.01.5 Plan date and.date of latest revision, to plan, north point, graphic scale and written scale. i 304.01.6 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. 304.01.7 Note on plan indicating any area that is proposed to be offered for dedrication to .the Township. Any area that is easemented and not to be offered far, dedication shall be 'identified along with a statemenfthat the Township is not responsible for the maintenance of any area not;dedicated to and accepted for public use. 304:01.8 Certificate, signed-and sealed-by an individual registered in the CoAurigftwealtkt of Pennsylvania'and qualified to perform such duties, indieatittg compliance with the provisions of this Ordinance (see Appendix Nb 3):" ` 304,02 Existins Features 304.02.1 Tract boundaries 'showing distances, bearings and curve data, as locatedby field survey, or; deed plottiatg,; total acreage of tract, and total acreage of pcpjectif less than the entire tract. 304.02.2 Existing contours; at a minimum 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,l?eaceompanied by the location of the beprAtrk Within or imie ately adjacent to the subject tract and a notatfon mdicatmg the datutii tised .The United States Geodetic Survey shall be'tsed for benchmark datum. 304.02.3 Names of all owners of all immediately adjacent land, names of all proposed or existing developments immediately adjacent, and locations and dimensions of.any, sstreets vor easements shown thereon. 304.02.4 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. 304.02.5 The size, slope capacity, and condition of the existing storm water management system and any other facility that may be used to `LL convey storm flows. Silver Spring Township Storm Wate r Management Ordinance Article III - 9 304.02.6 Soils types as designated by the U.S. Department of Agriculture, Soil Conservation Service, Soil Survey of Cumberland County. 304.02..7 Designation of the location of on-site and off-site sub-watersheds. 304.102.8 Designation of the location of the time of concentration for the on- site and off-site sub-watersheds. 304.03 Proposed Features 304.03.1 Proposed land use, total number of lots and dwelling units, and extent of commercial, industrial or other non-residential uses. 304.03.2 Locations and dimensions of all proposed streets, sidewalks, lot lines, building locations, parking compounds, impervious and semi-impervious surfaces, sanitary sewer facilities, water facilities, storm water management facilities, utilities, and other significant features. This information shall be provided to the detail necessary to construct the facilities. 304.03.3 Proposed changes to land surface and vegetative cover including areas to be cut or filled. 304.03:4 Proposed Topographical Data.. This information shall be provided by contour lines indicating the existing and proposed grades of the site. Contour lines shall be providedatnvo (2) foot vertical intervals for slopes of four pgrceAt (4) or less, and at vertical intervals of five (5) feet for more steeply sloping land. 304.03.5 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. 304.03.6 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. 304.03.7 Plans and -profiles of all erosion and sedimentation control measures, temporary as well as permanent. 304.03.8 Designation of the location of on-site sub-watersheds. 304.019 Designation of the location of the time of concentration for the on- site sub-watersheds. 10 - Article III Silver Spring Township Storm water Management ordinance 304.04 Written Report and Calculations 304.04.1 Calculations, assumptions, criteria, methodology, and references used in the design df stbrm 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. 304:04:2 For all basins, a plotting or tabulation of the storage volumes and discharge cui es with cbrresponding water surface elevations, inflow hydrographs, and outflow hydrographs. 304.04:3 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 condlicted for each five lots proposed for development. - Vesting, in general, should follow the same guidelines 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. 304.04.4 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 Spring Township Storm Water Management Ordinance Article III - 11 tSkAa?s s tr f ?x.?n a,CZ`?eR'' 3„n .,._ 304.04.5 Description of an ownership and maintenance program, in a recordable.form, that-claarly 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) 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 document shall be recorded prior to the initiation of construction and be fully effective at the post-construction period. 304.04.6 A Pennsylvania Department of Transportation Highway Occupancy Permit for any storm water management facility proposed within the right-of-way of any State road. 304.04.7 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. ) 112 - Article 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 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 mo'dification' of anapproved Storm Water Management Plan shall require a new permit except that the Township,' ngineer may authorize modification provided that such modifications do not (1) alter the storm water management facilities in a manner which significantly affects the di'scharge of storm water to an adjacent property,--or (2) significantly relocate a major storm water management facility within the project. SECTION 306' WAIIR !AND APPAL Fl?QCEDiJRE The provisions of this Ordinance are intended as minimum standards for the protection of the publictlieaith, safety ancl''welfare. The Board of Supervisors may grant a waiver from. literal compliance with mandatory provisions of the Orduance'where the grant thereof will not constitute a i ry i' ad ?, be `iAu vioIauon of law if f e applicant can', emonstrate either (1) that compliance would 'eause undue hariislrip'as- it applies to a particular property, or eel that,an alternative proposal will allow for equal or better. ' 'results. s 30,6M Application Procedures (Waiver An?eall 30&`01 1 A' request for a waiver'or appeal` shall be submitted to the desig-dated Towns ltlp representative at the, Silver Spring Township Building, on any business day; The request shall be made in writing and identify (1) the specific 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 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 request, take such public action 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' Towmhip'Sioriri ?Vaterllamgeinent Ordinance Anicle III - 13 ..?? ?.?.a ?r?_. < , ?-5+i_xF..e ^ta_ ,.. _•?''=r xM:B'4:5i?2?1`? ? ah3e#?kiaM?MSSc.i?k_?:$tug.'.r, Y+a?NClxtPS!tt9l 5}?4"a?9?-. , SECTION 307 EXPIRATION OF A STORM .WATER MANAGEMENT PEI_. All Storm Wat6Ma igdm tit Permits shall expire twelve (12) months 'v from the date of issuance unless an extension of time is :approved. An extensioa of an unexpired 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 notheen completed, any new standard would not alter the application. The refusal of an extension of time shall cite the reasons for such refusal. A Storm-Water Management Permit shall riot, expire while =a request for an extension is pending. SECTION 308 SCHED.-= OF INSPECTIONS Inspections shall be re'quired.prior to the stag of construction,;,,during installation of materials and structures, and uRon,the completion of all improvements. Prior to the initiation of construction, the developer shall arrangg a pre-construction meeting with,.tire Township. Engineer so that an inspection schedule can be coordinated with the, construction schedule. The Township Engineer shall be notifie&tw0 (2) working days in advance of any intended date of construction. TIm 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 final inspection of the construction. The Township shall inspect all phases of the ,Laird Disturbance Activity including, but not limited to, the following: a) Prior to the start of any Land Disturbance Acd - b) During construction of the permanent storm water management facilities at such times as specified by the Township. 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,until the preceding phase has been inspected and approval has been noted on the permit. 14 - Article 111 Silver Spring Tow,psbip Storm W ater Martagetpent ordinance . 4 ,, L, L- SECTION ..309 SECTION 310 Any portion of the: work ,which does not comply with the approved plan must b•e, wrrectod by the applicant. No work may proceed on any subsequent; phase until therequired corrections have been made. EEE FORKANCE TAR ANTBE Where required, the developer shs,llfile with the Board of Supervisors, financial secuztty man amount sufficient. to cover'the costs of the storm water management facilities. The administration of the financial security shall comply with the financial security provisions:'of the Silver Spring Township Subdivision and Land Development Ordinance o€1994, as amended. The Township may, prior to issuing a Storm Water Management Permit, require a Performance Guarantee for gtgrm •witte : detention• and/or retention basin, erosion control facility,, and other drainage facilities which may adversely affect adjacent properties, streets or other public improvements; LIABILITY Neither issuance of the Permit nor compliance with the provisions hereto or any, conditions imposed by the mumcipality, shall relieve any person from anyresponsibility for damage otherwise imposed by law, nor impose any lia4iiity;upon Silver:Spr,n Township or its officers, appointed professionals, and employees for damages to persons or == property. SECTION 311 ...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 as required in this Article. and;be of the same: type of financial"security SECTION 312 AS-BUILT PLANS Upon completion of all required improvements and prior to release of the perforniaucebond, 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 accordance with the plans and gpecifications as approved by the Township. The?plan`9hallrtpte`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 files. SECTION 313 313.01 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 Tbwnshlrr and Township Engi 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'itnposed by the Township in lieu of compliance with the provisions of this Ordinance, the 'T'ownship shall consider, where relevant, the following criteria: 313.01.1 The amount of impervious area to be added to the site; 313.01.2 The relationship of such impervious areas to property lines; 31101.3 The area available for on-lot storm water management facilities; 313.01.4 The capacity and condition of receiving channels; 313.01.5 The location of existing or proposed storm water management facilities which would affect, or be affected by development of the site; 313.01.6 Such other information as the person proposing development or the Township may deem relevant. 313.02 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: 313.02.1 The amount of the fee, as established by resolution of the Board of Supervisors, shall be for each square foot of impervious material tc be added to the site. 313.02.2 The fee must be paid to the Township prior to issuance of any permits. 16 - Article III Silver Spring Township Storm Water Managetnem Ordinance ?,_.,:.m.,v..:.?? ._. ,_ :gib-m..,... _....... ..._...?.:..,_._ . _ ...?.,.. ? 313.02.3 All money paid to the T'otvtislfp in this manner shall be kept in a 1 capital reserve.fund establishgt as;provided by taw. Money in such c'apttal reserve fiind #ittis€ lie-"used only for the acquisition of land, construction of facilities, or maintenance of facilities for storm water management purposes. 313.02.4 Funds collected pursuant to thin: section shall be designated as collected from the watershed district in which the proposed dei+ lopment is to occur '€ hereafter mg4jes expended from the futidjfor storm dater managemett, dFahhc to any one district may not expeed motlies'collected from;that'district. 313.02.5 The provisions of these regulations govetaing the setting and collection of fees in lieu of construction of facilities shall not be utilized until the TotirnslYip:ltas established' a -capital reserve fund. Silver Spring Township Storm Cater Mongemen[,Oedinance .: - - - Article Ili - 17 .^? ?{. SF rrJn..? ?rtv .-_.??` ??G+?11?9=?G'=1. 11nbe^31-F.?§Y"al - ? 1°`r°d?'?' A1rtY c?4sNH?l& ,?NE?} - iMA! ??e®® . v ? . 0 .ACRICLE IV DESIGN STANDARDS SECTION 401 GENERAL, DESIGN STANDARDS In the interest of reducing, the total area. of impervious surface, prservin'g eltistingffeatttres which are critical to 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 ,he 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. SECTION 402 . DESIGN STANDARDS The management of stone 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. 402.01 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. 402.01.1 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. 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 If storm event. The twenty-four (24) hour rainfall values are as follows: IS - Article IV Silver Spring Township Storm Water Management Ordinance Frequency Rainfaij . 2 2.9" 10 4.7 25 ( 5.1" 100 6.4" Runoff calculations for the pre-.and post-develdpment comparison shall be based, upon 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 4etermined by using the Rational Method for watersheds less than ffteen,(15) acres, gird for larger watersheds, the latest version of?chnical.Release No,, 55, Urban Hydrology for Small Watersheds, or an acceptable, engineering method, subject to Township approval. - or pre development coti}gutatzons, all runoff coefficients within the project shall be. based on meadow use..., Off-sitg land use conditions used to deterp}iiie storm lows for destgnipg storm facilities shall be based on existing land uses. 402AZ ' 'Design Storm For Collection Facilities. The design of storm water management collection facilities that service drainage areas within the site sb4, be based, upon the, peak flow from a twenty-five (25) year stornt frequency event. All developments shall include design provisions that allow for the overland conveyance of the post development one hundred (100) year peak flows ilirgugh the site without damage to. any. private 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, method, subject to Township approval. 402.04 ri,eria Methodology and Auumptions. Appropriate values for runoff coefficients tune of concentration, and rainfall intensity shall be from the latest edition of the Commonwealth, of Pennsylvania, Department of Transportation Design Manual,. Part 2, Highway Design, Chapter 10. ; Use of other criteria, mehodology, assumptions, references, calculatiorr methods, and/or computer modeling may be accepted, provided detailed design information grid programming with referenres.are submitted and approved,by the Township,. 402.05. Coordination wi:h 6diacent Lands, Consideration shall be given to the relationship of.the subject property to the drainage pattern 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 Wirer Managemenc Ordinance - Article IV - 19 ' '?i?4M 1 wdM, ?:u.Y.. •4 _?x:t.i A4 e, .. .;? ??{: +x.,- :.is?YAff+??5k3ko5?.4..4?-z2?44G?s?,??-r,,,A h . •'??.. ... ?•? contiguous, storm water mauagement facility into which it flows, unless the existing flow`at'the perimeter 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. Storm water shall not be transferred from one watershed to another, unless (1) 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 the peale'tlischarge onto adjacent lands, 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 exist, ung storm sewer, system, or onto adjacent, properties- in a manner 'similar to the runoff characteristics of the pre-development flaw. 402.06 Storm Water Basins. Retention. basins and detention basins shall be designed with a minimum one (1)1oot freeboard above the design elevation of the one`hundred (100) year water surface at the emergency spillway. Additionally, baiins%shall' b'e designed to safely discharge the full 100-year peak d-ischarge-ofa pok development stormevent througlr- an emergency spillway in a manner which will not damage the integrity of the basin. Basins shall notbe locatedover any existing or proposed utility line. Storm water basins located in known sinkhole-prone areas are required to be lined to preventittfiltration into the, 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 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 permanent 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 elnninate the possibility of blockage during operation. 20 - Article IV Silver Spring Township storm water Management Ordinance Basins which are located m or adjacent to a residential zone and viewed by'the Township as 4-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 it self Closing and self latching gate. 402.07 Groundwater, echarse System. The use 'f groundwater recharge systeiti Will only, be permitted 41 cases where rile applicanthas demmnstratei.that alternative facilities are not.possibie and the area is not a' knoivn'sirikhole=prop location. - 402.08 Earth Fill .Dams. Basins which are designed with earth fill= dams shall be desi iced by d registered` professional eng itwer with experience in earth- r filled dams and shall incorporate'the fohowing minimum standards: 402.08.1 The maximum water depth (measured- from the base to the crest of the emergency spi1'lway) shall not exceed six (6) feet, unless approved by?waiver of the township. 402:08.2 The mitrimum top,width of all dams shall be five (5) feet, unless approvetl'by waiver of the "Township,. 402.08.3 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. 402,.Q8,4 Basins without restrictet} access shalt have impoundment areas with side slopes no greater thau f ve (5) horizontal to one (1) vertical. 402:08.5 A cutoff trench of impervious material shall be provided under all 'dams.. , 442.08.6 All pipes and culverts through dams,be reinforced concrete and have properly spaced, concrete cutoff; collars. 402.08.7 All riser pipes shall be reinforced cement concrete. 402.08.8 Minimum floor elevations `for all structures that would be affected by -a basin, other temporary impoundtneritsI or open conveyance systems Where pondmg may oeeur'shall be two (2) feet above the 100 year water surface and/or one (1) fdtit abolve the 500 year water surface.' If basement or underground faties are proposed, detailed calculations addressing thCeffects of storm water ponding on the structure and water-proofing and/or flood-proofmg design information shall be submit tell for approval. The Township may, upon recommendation of the Township Engineer, e imposeadditional ' requirements on earth fill dam 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, culverts, out. structures, and swales shall consider all possible hydraulic conditions The following are minimum design 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, Pan 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 (21h) 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 Transportation's Design Manual, Part 2, Highway Design, Chapter 10. 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 shall be.based on accepted engineering design practices. Culvert design shall consider either inlet/outlet control or a combination of hydraulic losses 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 Stoun, Water-Flaw 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 (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-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 PennDOT Design Manual. 22 - Article IV Silver Spring Township Storm Water Mamgement Ordimnce 402.11 Manhole Locations. 'Manholes shall not be spaced more than five hundred; (50%feet,apart. Additionally, manholes shall be placed at points of changes in the horizontal or vertical direction of storm sewers. Inlets maybe substituted for manholes where they will serve a useful purpose. 402.12 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. 402.13 Minimum Pipe Size. Storm water management pipe collection and conveyance systems shall have a minimum`4iameter of fifteen (15) inches. 402.14 lyfatena Specr cations. All material and installations trust comply with the`T6.waShig`s iM rbvettrertts Spee cat uris Manual. 402.15 Surface Flow Charactenstlc, ! The maximum Swale, gutter, or curb velocity of storm water runoff Mall be maintained at levels which result in a stal condition both during'arrd a fterconstruction- The following are'''consldered characteristics oP a stable condition: a) It neither aggrades or degrades beyond tolerable limits. b) The channel,' banks dbl4iot er©de toile extent that the channel cross section changed appreciably:' . c) Sediment bars do not develop. d) ._ 'Erosion-,does not oceur=ardlm culverts and.bridges or elsewhere. z)- Gullies do not form or etilAfgedue'to the entry 'of uncontrolled starin water runoff. 402.15.1 Grass-lined channels shall be considered stable` if the calculated velocity does not exceed the alloWalsl`e velocities shown below: a) Three (3) feet per sec6fid4-) ere only sparse vegetation can be` established and Inaittairied because of shade or soil condition. b) Four (4) feet pet 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 Township Storm Water Management Ordinance - Article IV - 23 d) Six (6) feet per second where there exists a well establisheL sod ifi6bd1ti y. Where swale bends occur, the allowable velocities listed above shall be divided by the following factors: Degree of Bend Velocitv 0 to 30 1.50 30 to 60 1.75 - 60 to 90 2.00 90 and over 2.50 The above grass-lined channel flows may be exceeded if the designer can provide acceptable supportive design criteria as proof of erosion prevention. . 402. 15.2 Where; the velocity of,storrn. 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. 402.153 Sump Pump discharges and similarly, roof drains will be directed 1 to lawn areas away from residences, into areas that will surface drain to conveyance structures (e:g. swales and storm sewer collection systems). 402.16 Phasing, Plains. 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 outfall line shall be included as part of the construction of the proposed phase. 402.17 ro ion and Sedimentation. All land disturbance facilities shall conform to the requirements of the Pennsylyania-Department of Environmental Protection Soil Erosion and Sedimentation Control Manual. The following principles shall be applied to the design plan and construction schedule to minimize soil erosion and sedimentation: 402.17.1 Stripping of vegetation, grading, or other soil disturbance shall be done in a manner which will minimize soil erosion. 402.17.2 Whenever feasible, natural vegetation shall be retained and ! protected. 24 - Article IV Silver Spring Township Srortn Water Management Ordinance 402.17.3 The extent of the disturbed area and the duration of its exposure shall be•kept,to';a minimum; within practical limits, 402.17.4 Either temporary seeding, mulching,, or other suitable stabilization measures shall be used to protect oxgosed critical areas during construction. 402.171.5 ' Drainage,provisions, shall accommodate the storm water runoff both during and after construction, 402;,17.6 Soil erosion and sediruentation•.facilities shall be installed prior to any. on-site grading. 402.17.7 The design plan and construction schedule shall incorporate measures to minimize soil erosion and sedimentation. 402.17.8 Retention and/or detention basins, and water carrying facilities shall be stabilized in accordance with current engineering and Soil Conservation Service practices,, 402.18 Floodpiain: All storm water management plans shall conform with the FloodpiainStandards specrfigd in the,Silver Spring Township Zoning Ordinance,. as atnended, 40119 a e e t . When considered appropriate,, easements shall be provided where storttt,_water or surface water drainage facilities are existing or proposed, whether located within or beyond the boundaries of the property. Easemppts.for maintenance of pipes:and culverts shall run from outlet to:,inlet: Normallotgrading will not. require easements. Swales rt+hieb receive- runoff from pore than one other lot must be provided; with =easenaent,. Easempnts shall have a minimum width of twenty, (20) feet and shall be adequately designed to provide area for (a) tl _coilection and discharge of water', (b)-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. 402.20 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 i 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 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 sedirdentation 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 Departtnent of Environmental Protection; Chapter 102 Regulations. Ownership of all storm water management facilities 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 Township specifications. 26 - Article IV Silver Spring Township Storm Pater Management Ordinance 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 sliall: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:` 501.01 Suspension of a Storm Water Management Permit 501.01.1 Any permit issued under this Ordinance may be suspended by the Township based upon: a) The noncompliance with'or failure fo 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. 501.01.2 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 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. Storm Water Management Ordinance Article V - 27 ' . hsnE<?icst?a6'_ '??ri4aa.sr._ .-- 501.02 . Revoke a Storm Water Managanrent Permit Based upon a report froru the, Township Engineer that 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 betaken 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 Management Permit 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 f notification shall: 501.03.1 Cite the specific violation, describe the requirements which have not been met, and cite the provisions of the Ordinance relied upon. 501.032 Identify the specific protective measures to be taken. 501.03. 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 landowner. 501.03.4 Identify the right. to request a hearing before the Board of Supervisors if aggrieved by the suspension or revocation. 501.04 Civil Remedies 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 Management Ordinance same. The espenseof such,proceed'ings shall be recoverable from the violator in°such manner as may now or hereafter be provided by law. i SECTION 502 PENALTIES . A? y pers&rA;:a o shall violate. any of the provisions of this Ordinance, or, wo &halir fa>i to coTOy with any written notice.from Silver Spring Township which describes a condition ofanon-comtpliance; shall be guilty of a summary offense, and upon conviction thereof, shall be subject to a fine payable to Silver Spring. Township, of no(more than one thousand ($1,000) dollars for each violation, recoverable with cost. In default of payment of he fine,_such person,shall:be.liableio.imprisonment for not more Wan thirty (30)tdays.A-iiew_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 in)unctve, or any other appropriate action or proceed* of law.pr m eip-#y, for the enforcement of this Ordinance. ,Any caitrt:of competent jn;is,diotion shall have the right to issue restraining orders, temporary or permanent injunctions, writs; or other appropriate frs of remedy or relief: SECTION 503 4TFAL TO?THE SILVE, RSPRING TOWNSHIP BOARD OF SUPERVISORS, Any, perso4s aggrieved by any agtionof the Township may appeal to the Board of Suporvisom.within twenty days,of that action. SECTION 504 INSPECTION OF PROPERTY Upon presentation of proper credentials, duly authorized representatives of Silver Spring Township may, enter 4reasotrtable tirnes upon any property within.the munaetpality to utve?tgate or ascertain the condition of the subject property in regard to any aspect regulated by this Ordinance. The landowner shall grant to the township, or its aeents, access to the site of the work at all;times,,wliile under construction, for the purpose of inspecting the work. SECTION 505 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. ?. r Silver Spring Township storm Water Management Ordinance - Article V - 29. SECTION 5(16 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 regulation which provides greater protection shall control in the event of conflicting regulations. SECTION 507 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 Spfi tg 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 perr?lit assumes no responsibility to either the developer or the adjoining property owner affected by the drainage of water. SECTION 508 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 _J 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. SECTION 509 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. ST'"TION 510 ADOPTION AND EFFECTIVE DATE This Ordinance shall become effective five (5) days after its enactment by the Silver Spring Township Board of Supervisors. } 3?D - Article V Silver Spring Township Storm Water btanagetnent Ordinance DULY ORDAINED 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. ou pervlsor /? Alff /?//19 / .? Stiervisor ATTEST: SEAL Silver Spring Township Storm Water Management ordinance Article V - 31 SUPERVISORS OF Lr' APPENDIX • NO. 1 SILVER SPRING TOWNSHIP Cumberland County, Pennsylvania application is hereby made to Silver Spring Township for the issuance of a Storm Water Management Permit wrsuant to the s ecrfications herewith submitted. 1. Name of Pro erty Owner(s): Address: Telephone No.: 2. Name of A li min (if other than owner): Address: Telephone No.: 3. Project 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 the lot configuration, building location, grading, and storm water management facilities shall be shown on the reverse side of this page. 6. Storm Water Management Plan Prepared B : Address: Telephone No.: 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 age is true, correct, and complete. Date: Signature of Applicant For Township Use Only Fite No.: Date of Receipt/Filing: rL$ASL C0.1].FLk;Jh IME GENERAL PLAN ON THE REVERSE SIDE OF THIS PAGE. (See Section 303.01) 32 - Appendices Silver Spring Township Storm Rater Management Ordinance GENERAL, PLAN .. .. t... i. . i i ?... 1... ...... : I ::::::..i. .a............... :::::::: .. i.. 1... .. i... ..... ....:.... i.... 1. ....... ?.. l.. :... . ..--.. . ..... . - - - :: . .... . .... ...... ...... :.........:... j............ ;.. : , ..:...:.. ....: ... 1 a. : : .......... .:.....:.... . j ... . .. ......._. ; The following shall be shown on the Plan: Lot Configuration Building Location Contours or Flow Arrows Storm Sewers Scale: 1"= (4 squares per inch) Berms Infiltration System. Terraces . Swales Bridges Watercourses Dams Floodplains Basins Silver Spring Township Storm Water Management Ordinance Appendices - 33 APPENDIX NO. 2 APPLICATION FOR A STORM WATER MANAGEMENT PERMIT MAJOR LAND DISTURBANCE SILVER SPRING TOWNSHIP Cumberland County, Pennsylvania F pplication is hereby made to Silver Spring Township for the issuance of a Storm Water Management Pen nit rsuant to the s ecifications herewith submitted. loerty Owner(s): 1. Name of? Address: Telephone No.: 2. Name of A lirant (if other than owner): Address: Telephone No.: 3. Project Location: 4. Type of Earth Disturbance Activity: A. New impervious or semi-impervious surface (sq. ft./ac.) B. Diversion or piping of natural or man-made watercourse (linear ft.) C. Installation of the following: Culvert Retention Basin Detention Basin - Sediment Basin D. Removal of ground cover, grading, filling, or excavation , (sq. ft./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: rele hone No.: Fax No.: The undersigned hereb} represents that, to the best of their knowledge and belief. all information listed above is true, correct, and complete. Date: Si=amre of Applicant For Township Use Only File No.: Date of Recei t/Filin (See Section 303.02) 34 - Appendices Silver Spring Township Storm Water Management Ordinance APP NDIXI ,NO. 3 STQ N1 WATER MANAGEMENT PLAN CERTMCATE I hereby certify that, to the bea 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 .6f the Registered Professional Responsible for the Preparation of the Plan (See Section 304.01.8) i Silver Spring Township,StorrnlWaier Management Ordinance . Appendices - 35 `-d'8$?kYLdS ?n?. ,.. i , _,;_:;. -. >. .,..:.:? 'r.r.'.?.?c ?;sµ'artiaK; ',•mF&aN3''tiak mhc,.zss-ESa_k ?, ik- APPENDIX NO. 4 STORM WATER MANAGEMENT PERMIT LAND DISTURBANCE ACTIVITY Silver Spring Township Cumberland County, 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 Storm Water.Management Ordinance. Approved By: Date: Date: SCHEDULE OF INSPECTIONS Approved Date 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 Silver Spring Township Storm water Management Ordinance APPENDIX NO. 5 STANDARD COWUTATION TABLE G I? m Y I? O 1 d Z r H y e y A E L a 6 pe pV? C .- yy a 1i. e .e vx ?y ? = rn ? 2? > ?z yO T ? O O d ?- O] `o 4 c .d ?. ^ c ^ry n v V U u { Q _ .T. r f' ? S u F W f E F F _ < f U 6 u E e a a a O u U a ? e 0 N L 2 ? r Z U d r C Y WWVV 4 o E u. E Um ?iW? 6 Q 6 U U II II 6 < 4 U a a o Silver Sorinn Township StorrmWater Manacement Ordinance Aortendices - 37 EXHIBIT "B" APPENDIX NO. 2 APPLICATION FORA STORM WA R ANAOMFNT PERMIT MMOR LAND DiST 9ANCE. SILVER SPRING TOWNSHIP Cumbaland County. Pennsvlvania Application is hereby made to Silver Spring Township for the issuance of a Storm Water Management Permit ursuant to the s afications 4ercwith submitted 1. Name of Property Owners : GETTER AI ZAi 10 t Address: JEfFil? vim. .?///3TIN E,5?WENT f Sat+4E tnAOoIP:I# 14Lr A o10/3 Telephone No.: t'?I` 2 Name of Applicant .if other than owner : Address: Telephone No.: 3. Pro'ect Location: R/CII V11141RCA 4. Type of Earth Disturbance Activity. A. New impervious or semi-impervious surface 8'. R'{ (sq. ft. 0 B. Diversion or piping of natural or man-made watercourse (linear ft.) C. Installation of the following- Culvert Retention Basin Detention Basin Sediment Basin D. Removal of, ground cover, grading, filing, or excavation /y2. to (sq. ft. 0 S. If the prop, rty is the subject of a subdivision or land development, provide plan book record number or Township identification number. .-•+...? ?A ?f7 i/E 19042? 99-ledP 6. Storm Water Management Plan Pre ared By- T L • F If-44 `/Y10 Address: 4Abh U64 G?AA is/E /T / - Tclevbone No.: The undersigned hereby represents that, to the best of their knowledgge and belief, all information listed above and on the reverse side of this a c is [rue correct and com lete. Date: Sumat ure of h t '? vi' > t .. - r ?S? a' Y r7je A.,$ `?'?Y `K?aF :' 3> t'H'+F`tro' 9e4 S rlr?T' > ?+ w i k i L>y? !n `? r? le E :" rn t > e uEhgf,y?'i13jt=FoY Township UseOnly ?' =r wk'd ?r' - .s? t 3 w Datc of ee Section EXHIBIT "C" Sliver spring ?ovvnslup has reivcd an application an supporting For a alley doff LIUMIuan or pgdrting rmati n beep st to 'Tohip nr for review commap?tf}Cation is eider d incomplete due to yd 'not hating approval fromthe County Conservation District. S onld you havk any questions please call. Sincerely, I' 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-10-11261 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 Conservation 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-W00079 9/97 COMMONWEALTH OF,PENNSriANIA 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-10-1-1261 In compliance with the provisions of the Clean Water Act, 33 U.S.C. Section 1251 at sea. ("the Act") and Pennsylvania's Clean Streams Law, as amended, 35 P.S. Section 691.1 et se q., the Department of Environmental Protection hereby approves the Notice of Intent (NOI) submitted for coverage 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 NOI RENEWAL IS SUBMITTED 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 2001 AUTHORIZED BY: Cumberland County o servation Di tr(ct 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 Lettermen, Inc. 40 South Middlesex Road 716 North West Street Carlisle, PA 17013 Carlisle, PA 17013 RE: Final Subdivision Plan 20004F 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: 1. 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). 4. Provide copies of right-of-way agreements for gas line and PP&L right-of-way (402.06.1). 5. 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). 6. 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). 7. 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 0 (717) 766-0178 ? (717) 766-1696 FAX Jack K. and Jeanne N. Sunday Lettermen, Inc. September 14, 2001 Page 2 8. 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). 9. 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 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. Sincerely, ( All William S. Cook Township Manager WSC/ksd cc: Kelly K. Kelch, Assistant Township Manager Mark B. Bruening, P.E., Township Engineer Fisher Mowery Rosendale and Associates, hie., Steven J. Fishman, Applicant's Attorney P SILVER SPRING TOWNSHIP Wayne M. Pecht, Chairman Jackie Eakin, Vice-Chairman Jan N. LeBlanc William C. Dunn Maria L. Lewis Letterman, Inc. Attention: Mr. Jeffrey S. Austin, President 153 South Hanover Street Carlisle, PA 17013 September 14, 2001 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: 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). 4. 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. Provide perimeter-landscaping (603.13). 6. 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 Carfisle 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). 9. 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 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. 2. Conditional Use approval was granted on March 10, 1999 for use of a Golf Course. 3. Preliminary Subdivision Plan creating this parcel is currently under review by the Township under the name Sunday/Letterman, Inc. 4. Permit(s) for construction ponds must be obtained from D.E.P. (301.9). Letterman, hic. September 14, 2001 Page 3 5. Provide the location and description of all proposed lot line markers (402.04.13). 6. Waiver statement must be revised to acknowledge the outcome of requested waivers prior to recording the plan (402.04.14). 7. Sewerage Planning must be approved by D.E.P. (402.05.2). 8. Plan must be signed by landowner(s) and properly notarized (402.06.3). 9. Provide required sight distances for posted speed at proposed access drive (602.18.31). 10. Show how landscaping requirements are met (603.13)(603.14). 11. Stormwater Management permit must be issued by Township when all conditions are met. 12. Erosion and Sedimentation Control Plan and NPDES Permit must be approved by the Cumberland County Conservation District. 13. Provide all applicable details (e.g. inlets, pipe trench, basin, anti- seep collars, protective bar screens). 14. Show requirements of pond liner system identified in "Project Features" section of application 19990306 Correspondence from Susquehanna River Basin Commission dated March 25, 1999. 15. Runoff was calculated for 7 different drainage areas, however, drainage area map provides only show 3. Also label drainage areas on plan. 16. Provide 100-year storm routing to verify adequacy of emergency spillways. 17. 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, hie. 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: Rich Valley Road and Skyline Drive 2. Rich Valley Road and Pennsway Road 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. General permit required for intake from Conodoguinet Creek. 27. H.O.P. plans must be included in plan set. 28. Concerned with glare from driving range onto I-81 and lands to the south. Note on plan that all lighting shall be shielded to prevent glare on adjacent roads and properties. 29. Provide details of proposed water intake in Conodoguinet Creek. 30. Provide water consumption records required in "Findings" Section by SRBC, March 25, 1999 correspondence and/or receive copies of correspondence and consumptive use reporting. 31. Provide proof from D.E.P. that Developer is able to modify existing pond without need of permitting. 32. Add painted stop bars to parking area. 33. Provide "one-way" sign in addition to "do not enter" sign. 34. Provide most current revision date on all sheets of set. 35. 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. 36. 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. 37. That the lights for illuminating the proposed driving range must be extinguished at 9:30 o'clock P.M., prevailing time. 38. 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, hzc. September 14, 2001 Page 6 39. That if warranted by PeunDOT, 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.. 40. 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. 41. 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. 42. 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. 43. 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. 44. 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. 45. 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 1 ? Y If you have any questions, please do not hesitate to contact Mr. Kelly K. Kelch, Assistant Township Manager. Sincerely, 1 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" i?f 14,1,UUI Uy. UD 1117403700 - gyp?(yge?..y gsJ` y HIJ3tiN t2ENTALS PAGE 01 SILVER SPRING-TOWNSHIP'. MP vfRayne X Pbe•u1 Chairman . JatMe Pakha, Vice•Chawman Jan N. umaec walam C. Lunn Maria F. Lewis Como MA #7M&3¢¢ 000-??Qe we?3 DATE: September 14, 2001 TO: Leikrrt 1;porsted Amt: M. Je#?rAustin 716:NdAb West:St t Carlisle; PA:I7013. L y. ? Notice Send W. CeffAddWod Pt Class Mail LOCATION bF PROMTY iN VIOLATI()N: 190 Rich Valley Road Mcchapicsbur&PA 17050 Tax. Parcel Nuglltar #39-6"013-0721) YOU ARE HEREBY NOTIFIED that you are in violation ofSilvet Spicing Township Storm Water bent Ordinance of 1995, Section 301 in the f011 owftrespect: Grading, filing and other excavation without a permit. YOU ARE HEREBY FURTHER NOTIFIED that you must immediately cease gad. desist V-Adv& gift and other excavation until a pg=gt is.elltttilVA Yon st ,tti ?. _ . a Sta?ataa' Iwltc?g?.P?xsttt;*? .. . y Upon ds?ver?ef tliianotkas, sum tv, &t75 o M6dwAabwg PA k -23 k o (7a .7 x?, a .(741p 766•MSW FtX u»ta/?uua vv.w ?1 /tvva iau MMIAlY KtiYIi S M ? EnformunealNotice of Viobti g., Page 2 Any persan who s4a11 violate aoy of the pat non-aa? sgtbiltyefa t.t?' tam . ,p $Rver, ?if?ae?iaiiie€o° for??irtarethsmtl SW her wits lar doatmittedrfbr each day at4er Violation exists. 1 F. . Ywearar tftt fine;sw hperson A uew`w separate violation aforesaidwice that such. ffi addition, the Townsitip.way institute irdwetive, or any.odw aRimpaiats actimor 9 of l a w o r i n a j u i l y f u r d o e nfaresmealof is:?, d s uataS ":shad vtlie nit tip; t otter to fnriats afa.? .?,t. cackle', or. Anypets@ns ev«l by any action of the To Supervisors Wma t ! ) 400 of do" A n?a?Y $1to.tlw f 3nardaf - 5i1 fiprfag• T , &ttion 3dl SWfLDOid%-dnoa s4f 8495 lm,.. W. Board ofSnpervisors Adr. William S. Cook, Township Manager Mr. Kelly K. Kelch, Assistant Township Manager N1r Steven A. Stine, Esquire, Township Solicitor .,aar ?r.rt?.a ,arro:?;?s -rx rs.+,?Ydrssa - xw.a, s,v_?uaw+,s.a iT#6? Rl+L .. ARUE III .' r 1, ?'c?RQCFi?FS? RF TIIRFk 11T_C SECTION 301 ,GUM 'A Land Disturbance; Activity., as defted in this-. OtftSnck, dud not be initiated until a Storm Water Management Permit has been issued. SECTION 302 A Mp AIMN tRe5MEt1r1r All applicattons for A Storpt Water-MMagatnt nt,i?et»ait, cite activuy for which also conatitaw, a .vision, or lei devglopment,. smell, be. sitbmi d. condullreallwith alt Siiver Sprit Towns* Subdiv sion wid rand Develop irient_ Ordleace; a adw. A0 tticati forSte3m preliminary, plans (when preontfdary plans are required)'. Action on the Storm Water TV anapment Permit will be made in conjunction with tho preliminary plan raider the Subdivision and Land Development Ordinance. All applications fors- Storm Water Mboagemem Penult.. - QdViW for which doea not consft te_a set . or taw devd6.pnt =' Imn CI owbria tvirb hire ttettra?procedores;° kn App ii atis ltri a; Stom Witter Martagotna tt 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 Township Engineer for aeuiasu.. The Township-designated representative shall, within sixteen (16) days from the municipal receipt of an application, issue a permit (see Appendix No. d) or disapprove the application and transmit am decision in writing to the applicant and the Township Board of Supervisors. Failure of the Township Engineer to render a decision and conummicate it asprescr'bed above shall-not be deemed an approval. A notice of disapproval shall cite the reasons for disapproval. SECTION 303 -11?trT-c 303.01. Minor Lund Disturbance. An application for a Storm Water A1aoagett ant 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 filiog fee in the Aeusdq-..A,• Y. \ ?1 to LO Q C) n N t O C Q a ?F--a ai Cl 0) (1) 7 Q i U °0 m to o2N ? co 65 s U P. vi do WO?d Ca - a ?a? LETTERMEN, INC. Plaintiff V. 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. &C.P. 229 TO THE PROTHONOTARY: Please mark the above action as discontinued with prejudice as to all Defendants. Salzmann, DePaulis, Fishman & Morgenthal, P.C. Date: ?? <<( /ol By -'? G. Bryat alzrn , Es ' 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 J-d-- 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. t' O [cs t:"r m ` ---. G^. K LETTERMEN, INC. Plaintiff V. 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 ORDER AND NOW, this day of ?- , 2001 the hearing scheduled goww y in the matter of the above Complaint in Mandamus a Motion for Peremptory Relief is hereby continued generally/'*? J. 6e q 6? b-r r 4. ?ttNr SN d 31 :1 bdd 110010 OCT.-16'01(TUE) 09:36 JAMES, SMITH OURKIN & CONNELLY TEL:717 533 3280 P.002 OCT°15-01 05:31 PM r 49;irV.7: Y. i P.0 i t , LETTERMEN, INC., Plaintiff IN THE COURT OF CONIl1 CUNMER.LAND COUNTY NO, 01.5652 CIVIL TERM PLEAS OP ?NSYLV NIA I ii I li :tsal, 8alx ann, i tshlp, Boa d of counsel, teven i v, J` TI i w, f: SILVER SPRING TOWNSHIP, HOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP, and JAMES E. HALL, Defendants CIVIL ACTION _ LAW dOLNT MOTION FOIL CONTINUANCE AND NOW, comes the Plaintiff Lettermen, Inc., by and through it DcPaulis, Fishman & Morgenthal, P,C., and the Defendants Silver Spring Supervisors of Silver Spring Township and James E Hall, by and through A. Stine, Esquire, and files this Joint Motion for Continuance as follows: 1. Plaintiff has filed a Complaint In Mandamus and Motion for Per September 27, 2001. 2. This Honorable Court hes scheduled a hearing for October 17, 2 3, The parties are currently engaged in settlement negotiations and continuance of said hearing. WHEREFORE, the parties hereto request this Honorable Court to 0 scheduled hearing generally until such time as either party shall request the submitted, Atto rneyID-No-. 619 3 5 455 Phoenix Drive, Suite Chambersburg, PA 17201 (717)263.2121 1 By 134 Sipe Avenue Hershey, PA 17033 (717) 533-3260 ptory Rolle on 1 at 1;30 p. , i e agreeable I o the itinue the ab ve :scheduling hereof. I MorgenthallP C. T C C.,) 0 7 ; 1 '^ (Tl ZO `= c co jm t' C=)