[Ord. 338, 12/21/2015]
For any of the activities regulated by this chapter, the preliminary
or final approval of subdivision and/or land development plans, the
issuance of any building or occupancy permit, or the commencement
of any earth disturbance activity may not proceed until the property
owner or applicant or his/her agent has received written approval
of a SWM site plan from the Township, unless the project qualifies
for an exemption from the requirements to submit a SWM site plan.
[Ord. 338, 12/21/2015]
(a)
General Exemptions. The following land use activities are exempt
from the SWM site plan submission requirements of this chapter:
(1)
Use of land for gardening for home consumption.
(2)
Agricultural plowing and tilling are exempt from the rate control
and SWM site plan preparation requirements of this chapter, provided
that the activities are performed according to the requirements of
25 Pa. Code Chapter 102.
(3)
Forest management and timber operations are exempt from the
rate control and SWM site plan preparation requirements of this chapter,
provided that the activities are performed according to the requirements
of 25 Pa. Code Chapter 102 and the applicable provisions of Lower
Heidelberg Township Zoning Ordinance.[1]
(4)
The construction of improvements on a lot where the impervious
surface of the proposed improvements does not exceed the percentage
of the net tract area or the maximum square footage in the aggregate,
whichever is lesser, as found in Table 402-1, Impervious Area Exemption
Criteria. The applicable minimum distance requirement set forth in
Table 402-1 and the additional exemption requirements of § 402(c)
shall also be met by the applicant. Such determinations shall be made
by the Township Zoning Officer, after consultation with the Township
Engineer. Further, to the extent that the Township Zoning Officer
determines that the particular characteristics of the subject property
and/or of the proposed improvements may result in deleterious stormwater
impacts to a neighboring property, the Township Zoning Officer may
deny such exemption request and a drainage plan would be required.
If it is deemed that the project is eligible for this exemption, the
project will still need to meet the provisions of Appendix F herein.[2] Multiple exemptions may be requested and granted up to
the maximum percentage or square footage permitted for the tract of
land, after which compliance with this chapter shall be demonstrated
by the applicant.
|
TABLE 402-1
| ||||
|---|---|---|---|---|
|
Impervious Area SWM Site Plan Exemption Criteria
| ||||
|
Total Parcel Size
(acres)
|
Percentage of Net Lot Area Exempt
(%)
|
Maximum Impervious Area Exempt
(square feet)
|
Minimum Distance*
(feet)
| |
|
Less than 1/4
|
4.0%
|
400
|
10
| |
|
1/4 to less than 1/2
|
3.0%
|
600
|
15
| |
|
1/2 to less than 1
|
2.5%
|
1,000
|
25
| |
|
1 to less than 2
|
2.0%
|
1,500
|
50
| |
|
2 to less than 3
|
1.5%
|
1,900
|
100
| |
|
3 and greater
|
1.0%
|
4,000
|
150
| |
|
NOTE:
| ||
|
*
|
The minimum distance is between the proposed impervious area
and/or stormwater controls/structures discharge point to the downstream
property line.
| |
[2]
Editor's Note: Appendix F is included as an attachment
to this chapter.
(b)
Stormwater Quantity Control Exemption.
(1)
Any regulated activity that meets the impervious area exemption
criteria in Table 402-2 shall not be required to implement the stormwater
quantity controls, specified in § 308 of this chapter. These
criteria shall apply to the total development even if development
is to take place in phases. The date of the adoption of this chapter
shall be the starting point from which to consider tracts as "parent
tracts" in which future subdivisions and respective impervious area
computations shall be cumulatively considered. Impervious areas existing
on the parent tract prior to adoption of this chapter shall not be
considered in cumulative impervious area calculations for exemption
purposes.
|
TABLE 402-2
| ||
|---|---|---|
|
Impervious Area Stormwater Quantity Exemption Criteria
| ||
|
Total Parcel Size
(acres)
|
Impervious Area Exemption
(square feet)
| |
|
0 to less than 0.125
|
1,000
| |
|
0.125 to less than 0.5
|
2,500
| |
|
0.5 to less than 1
|
5,000
| |
|
1 to less than 2
|
7,500
| |
|
2 to less than 3
|
10,000
| |
|
3 to less than 4
|
12,500
| |
|
4 or more
|
15,000
| |
(2)
Submissions for projects that utilize the exemption under § 402(b)
shall still be required to meet the groundwater recharge (§ 305),
water quality (§ 306), and stream bank erosion (§ 307)
controls of this chapter. SWM site plans in accordance with § 403(a)(2),
(b)(7), (8), (11), (15), and (22) and (d)(2) must still be submitted.
Any exemption must first be approved by the Township.
(c)
Additional Exemption Requirement:
(1)
Exemption Responsibilities. An exemption shall not relieve the
applicant from implementing such measures as are necessary to protect
the public health, safety, and property. An exemption shall not relieve
the applicant from providing adequate stormwater management for regulated
activities to meet the requirements of this chapter.
(2)
HQ and EV Streams. This exemption shall not relieve the applicant
from meeting the special requirements for watersheds draining to high
quality (HQ) or exceptional value (EV) waters, identified and source
water protection areas (SWPA) and requirements for nonstructural project
design sequencing (§ 304), groundwater recharge (§ 305),
water quality (§ 306), and stream bank erosion (§ 307).
(3)
Drainage Problems.
(i)
If a drainage problem is documented or known to exist downstream
of or expected from the proposed activity, then the Township may require
a SWM site plan submittal.
(ii)
All regulated activities occurring in drainage areas tributary
to waters designated HQ/EV pursuant to 25 Pa. Code Chapter 93 shall
not change any biological, chemical, or physical characteristics,
including volume, rate, velocity, course, current, cross section,
or temperature of the waters, unless the activity is specifically
permitted in accordance with the environmental laws of the commonwealth.
(d)
The Township may deny or revoke any exemption pursuant to this section
at any time for any project that the Township believes may pose a
threat to public health, safety, property or the environment.
[Ord. 338, 12/21/2015]
The SWM site plan shall consist of a general description of
the project, including sequencing items described in § 304,
calculations, maps and plans. A note on the maps shall refer to the
associated computations and erosion and sediment control plan by title
and date. The cover sheet of the computations and erosion and sediment
control plan shall refer to the associated maps by title and date.
All SWM site plan materials shall be submitted to the Township in
a format that is clear, concise, legible, neat, and well organized;
otherwise, the SWM site plan shall not be accepted for review and
shall be returned to the applicant. The following items shall be included
in the SWM site plan:
(a)
General.
(1)
General description of the project, including those areas described
in § 304.
(2)
General description of permanent stormwater management techniques,
including construction specifications of the materials to be used
for stormwater management facilities.
(3)
A description of any storm drainage problems within, adjacent
to or downstream of the project site.
(4)
Complete hydrologic, hydraulic, and structural computations
for all stormwater management facilities.
(5)
An erosion and sediment pollution control plan, including all
reviews and approvals by the Conservation District.
(6)
A listing of all regulatory approvals required for the proposed
project, and the status of the review and approval process for each.
Final approval or adequacy letters must be submitted to the Township
prior to (or as a condition of) the Township's issuance of final
approval of the SWM site plan.
(7)
A general description of nonpoint source pollution controls.
(b)
Maps. Map(s) of the project area shall be submitted on twenty-four-inch
by thirty-six-inch sheets and/or shall be prepared in a form that
meets the requirements for recording at the offices of the Recorder
of Deeds of Berks County. If the Township Subdivision and Land Development
Ordinance (SALDO) has more stringent criteria, then the more stringent
criteria shall apply.[1] The contents of the map(s) shall include, but not be limited
to:
(1)
The location of the project relative to highways, municipalities
or other identifiable landmarks.
(2)
Existing contours at intervals of two feet. In areas of steep
slopes (greater than 15%, five-foot contour intervals may be used.
(3)
Existing streams, lakes, ponds or other waters of the commonwealth
within the project area.
(4)
Other physical features, including flood hazard boundaries,
stream buffers, existing drainagecourses, areas of natural vegetation
to be preserved, potential or delineated wetland areas, areas of limestone
geology, special geologic features and the total extent of the upstream
area draining through the site.
(5)
The locations of all existing and proposed utilities, sanitary
sewers, and water lines within 50 feet of property lines.
(6)
An overlay showing soil names and boundaries, identifying those
soils which are hydric, have seasonal high-water tables, or shallow
depth to bedrock.
(7)
Limits of earth disturbance, proposed changes to the land surface
and vegetative cover, including the type and amount of impervious
area that would be added.
(8)
Proposed structures, roads, paved areas, and buildings.
(9)
Final contours at intervals of two feet. In areas of steep slopes
(greater than 15%, five-foot contour intervals may be used.
(10)
The name of the development, the name and address of the owner
of the property, and the name of the individual or firm preparing
the plan.
(11)
The date of submission.
(12)
A graphic and written scale of one inch equals no more than
50 feet; for tracts of 20 acres or more, the scale shall be one inch
equals no more than 100 feet. Alternative scales may be utilized if
preapproved by the Township.
(13)
A North arrow.
(14)
The total tract boundary and size, with distances marked to
the nearest foot and bearings to the nearest degree.
(15)
Existing and proposed land use(s).
(16)
A Key Map showing all off-site existing man-made features which
may be affected by stormwater runoff or stormwater management controls
for the project.
(17)
Location of all open channels.
(18)
Overland drainage patterns and swales, flow paths used in calculations
for time of concentration.
(19)
A minimum twenty-foot-wide access easement around all stormwater
management facilities that would provide ingress to and egress from
a public right-of-way.
(20)
The location of all erosion and sediment pollution control facilities.
(21)
A note on the plan indicating the location and responsibility
for maintenance of all stormwater management facilities, including
those that are located off site. All facilities, whether on or off
site, shall meet the performance standards and design criteria specified
in this chapter.
(22)
A statement, signed by the landowner, acknowledging that any
revision to the approved SWM site plan must be approved by the Township
and the Conservation District.
(23)
The following signature block for the Design Engineer:
"I, (Design Engineer), on this date (date of signature), hereby
certify that the SWM Site Plan meets all design standards and criteria
of Lower Heidelberg Township Stormwater Management Ordinance."
(c)
Supplemental Information. The following supplemental information
shall be provided with the SWM site plan:
(1)
A written description of the following information shall be
submitted:
(i)
The overall stormwater management concept for the project designed
in accordance with § 304.
(ii)
Stormwater runoff computations as specified in this chapter.
(iii)
A summary comparing peak rates of runoff at all
points of discharge from the site for the predevelopment, construction
phase and post-development conditions.
(iv)
Stormwater management techniques to be applied both during and
after development.
(v)
Expected project time schedule.
(vi)
Development stages (project phases) if so proposed.
(2)
An operation and maintenance plan in accordance with §§ 403(e)
and 702 of this chapter.
(3)
An erosion and sediment pollution control plan, including all
reviews and approvals, as required by PaDEP and the Berks County Conservation
District.
(4)
The effect of the project (in terms of runoff volumes and peak
flows) on adjacent properties and on any existing Township stormwater
collection system that may receive runoff from the project site.
(5)
A copy of the highway occupancy permit and all reviews and approvals
from PennDOT when utilization of a PennDOT drainage system or improvements
within a state right-of-way is proposed.
(d)
Stormwater Management Facilities.
(1)
All stormwater management facilities must be located on a plan
and described in detail.
(2)
When infiltration facilities such as seepage pits, beds or trenches
are used, the locations of existing and proposed septic tank infiltration
areas and wells must be shown.
(3)
All calculations, assumptions, and criteria used in the design
of the stormwater management facilities must be shown.
(e)
Responsibilities for Operations and Maintenance of Stormwater Controls
and BMPs.
(1)
No Regulated earth disturbance activities within the Township
shall commence until approval by the Township of a stormwater control
and BMP operations and maintenance plan which describes how the permanent
(e.g., post-construction) stormwater controls and BMPs will be properly
operated and maintained.
(2)
The following items shall be included in the stormwater control
and BMP operations and maintenance plan:
(i)
Map(s) of the project area, in a form that meets the requirements
for recording at the offices of the Recorder of Deeds of Berks County,
and shall be submitted on thirty-six-inch by forty-eight-inch sheets.
The contents of the map(s) shall include, but not be limited to:
1.
Clear identification of the location and nature of permanent
stormwater controls and BMPs;
2.
The location of the project site relative to highways, municipal
boundaries or other identifiable landmarks;
3.
Existing and final contours at intervals of two feet, or others
as appropriate;
4.
Existing streams, lakes, ponds, or other bodies of water within
the project site area;
5.
Other physical features, including flood hazard boundaries,
sinkholes or other special geologic features, streams, existing drainagecourses,
potential or delineated wetland areas, and areas of natural vegetation
to be preserved;
6.
The locations of all existing and proposed utilities, sanitary
sewers, and water lines within 50 feet of property lines of the project
site;
7.
Proposed final changes to the land surface and vegetative cover,
including the type and amount of impervious area that would be added;
8.
Proposed final structures, roads, paved areas, and buildings;
and
9.
A fifteen-foot-wide access easement around all stormwater controls
and BMPs that would provide ingress to and egress from a public right-of-way.
(ii)
A description of how each permanent stormwater control and BMP
will be operated and maintained, and the identity of the person(s)
responsible for operations and maintenance;
(iii)
The name of the project site, the name and address
of the owner of the property, and the name of the individual or firm
preparing the plan; and
(iv)
A statement, signed by the landowner, acknowledging that the
stormwater controls and BMPs are fixtures that can be altered or removed
only after approval by the Township.
(3)
The stormwater control and BMP operations and maintenance plan
for the project site shall establish responsibilities for the continuing
operation and maintenance of all permanent stormwater controls and
BMPs, as follows:
(i)
Only where stormwater controls or BMPs are deemed by the Board
of Supervisors to be regional in nature or where the Township determines
that it is in the best interest of the general public shall the Township
accept operations and maintenance responsibility for stormwater controls
or BMPs located outside of the public street rights-of-way.
(ii)
The responsibility for operations and maintenance of all other
stormwater controls or BMPs, whether by the property owner, a property
owners' association, or a private management entity, shall be
specified on the operations and maintenance plan.
(4)
The Township shall make the final determination on the continuing
operations and maintenance responsibilities. The Township reserves
the right to accept or reject the operations and maintenance responsibility
for any or all of the stormwater controls and BMPs. To the extent
that stormwater management facilities are developed or modified as
part of a subdivision or land development application, any stormwater
management facilities serving more than two lots shall be owned, operated
and maintained (pursuant to a maintenance agreement approved by the
Township) either jointly by all of the properties that are tributary
to a stormwater management facility or by a homeowners' association.
(f)
Township Review of Stormwater Control and BMP Operations and Maintenance
Plan.
(1)
The Township shall review the stormwater control and BMP operations
and maintenance plan for consistency with the purposes and requirements
of this chapter and any permits issued by PaDEP.
(2)
The Township shall notify the applicant in writing whether the
stormwater control and BMP operations and maintenance plan is approved.
(3)
The Township may require a record as-built drawing of all stormwater
controls and BMPs and an explanation of any discrepancies with the
operations and maintenance plan.
(4)
All agreements, easements, covenants or other similar documents,
which assign operations and maintenance responsibility for stormwater
controls or BMPs shall be provided to the Township Solicitor for review
and approval.
[Ord. 338, 12/21/2015]
The Township shall require receipt of a complete plan, as specified
in this chapter, comprised of the requisite number of plan copies
and the requisite application fee and/or review escrow. For any activities
that require an NPDES permit for stormwater discharges from construction
activities, a PaDEP joint permit application, a PennDOT highway occupancy
permit, or any other permit under applicable state or federal regulations
or are regulated under Chapter 105, Dam Safety and Waterway Management,[1] or Chapter 106, Floodplain Management,[2] of PaDEP's Rules and Regulations, the proof of application
for said permit(s) or approvals shall be part of the plan. The plan
shall be coordinated with the state and federal permit process and
the Township SALDO review process.[3]
(a)
For projects which require SALDO approval, the SWM site plan shall
be submitted by the applicant as part of the preliminary plan submission
where applicable for the regulated activity.
(b)
For those regulated activities that do not require SALDO approval,
see § 401, General Requirements.
(c)
Six copies of the SWM site plan shall be submitted and distributed
as follows:
[Ord. 338, 12/21/2015]
(a)
The Township Engineer shall review the SWM site plan with the standards
set forth in the Township's Stormwater Management Ordinance for
consistency with the adopted Act 167 stormwater management plan and
with all other applicable provisions of this chapter. Any found incomplete
shall not be accepted for review and shall be returned to the applicant.
(b)
The SWM site plan review and approval procedure is as follows:
(1)
If a SWM site plan does not involve a subdivision and/or land
development, the review of the SWM site plan, recommendations, approval,
approval with conditions, or disapproval, i.e., the review and decision
period, shall occur within 45 days of submission to the Township.
However, the Township, in its sole discretion, may extend the review
and decision period another 45 days due to the nature of the application
and/or site conditions. If an extension of another 45 days is imposed
or granted by the Township beyond the first forty-five-day review
and decision period designated by this subsection, then the Township
shall notify the applicant in writing and deliver such notice to said
applicant within 15 days of the decision to extend the review and
decision period by the Township. If no extension is imposed or granted
by the Township beyond the first forty-five-day review and decision
period and no decision has been rendered by the Township within that
period, then the SWM site plan shall be deemed approved. Similarly,
if after a forty-five-day extension of the review and decision period
has been imposed or granted by the Township and no decision has been
rendered by the Township within that period, then the SWM site plan
shall be deemed approved.
(2)
If a SWM site plan involves a subdivision and/or land development
plan, then the period of time from the submission to the Township
approval, approval with conditions, or disapproval, i.e., review and
decision period, shall be coterminous with the review period for the
applicant's subdivision and land development application, and
any requests for extension thereof shall be deemed requests for extension
of a SWM site plan application.
(3)
From the time an application for approval of a plat involving
a subdivision or land development plan, whether preliminary or final,
which includes a SWM site plan is duly filed with the Township, no
change or amendment of this chapter or other governing ordinance or
plan shall affect the decision on such application in accordance with
the provisions of the governing ordinances or plans as they stood
at the time the application was duly filed, as specified in Section
508(4)(i) of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508(4)(i).
(c)
In all cases, the decision of the Township Engineer to approve or
disapprove the SWM site plan shall be in writing and shall be delivered
to the applicant no later than 15 days following the decision. If
the SWM site plan is disapproved, then the written decision by the
Township shall specify the defects in the application, shall describe
the requirements that were not met, and shall cite the provisions
of the ordinance relied upon. If the SWM site plan is approved with
conditions, then the notification to the applicant shall state the
acceptable conditions for approval and the time limit for satisfying
such conditions. The time limit for satisfying conditions of approval
shall be the time limit prescribed for conditional approval of subdivision
and land development plans as stated in the Township's Subdivision
and Land Development Ordinance.
(d)
For regulated activities under this chapter that require an NPDES
permit application, the applicant shall forward a copy of the Township's
letter stating that the SWM site plan is consistent with the applicable
stormwater management plan to the Conservation District. PaDEP and
the Conservation District may consider the Township's review
comments in determining whether to issue a permit.
(e)
The Township shall not grant approval or grant preliminary approval
to any subdivision or land development for regulated activities specified
in § 105 of this chapter if the SWM site plan has been found
to be inconsistent with the applicable provisions of this chapter,
as determined by the Township Engineer. All required permits from
PaDEP must be obtained prior to approval of any subdivision or land
development.
(f)
The Township Building Code Official shall not issue a building permit
for any regulated activity under this chapter if the SWM site plan
has been found to be inconsistent with the provisions of this chapter,
as determined by the Township Engineer, or without considering the
comments of the Township Engineer. All required permits from PaDEP
must be obtained prior to issuance of a building permit.
(g)
Except with respect to applicants proceeding pursuant to Appendix
F to this chapter,[2] the applicant shall be responsible for completing record
as-built drawings of all stormwater management facilities included
in the approved SWM site plan. The record as-built drawings and an
explanation of any discrepancies with the design plans shall be submitted
to the Township for final approval. The Township may withhold approval
of the record as-built drawings until the Township receives a copy
of an approved highway occupancy permit from the PennDOT District
Office, NPDES permit, and any other applicable permits or approvals,
from PaDEP or the Conservation District. The above permits and approvals
must be based on the record drawings.
[2]
Editor's Note: Appendix F is included as an attachment
to this chapter.
(h)
The Township Engineer's approval of a SWM site plan shall be
valid for a period not to exceed five years, commencing on the date
that the Township issues an approval letter for the SWM site plan.
For subdivisions and land developments, the five-year time period
shall commence on the date that the plan is officially approved by
the Board of Supervisors. If stormwater management facilities included
in the approved SWM site plan have not been constructed or if constructed
and record as-built drawings of these facilities have not been approved
within this five-year time period, then the Township may consider
the SWM site plan disapproved and may revoke any and all permits.
SWM site plans that are considered disapproved by the Township shall
be resubmitted in accordance with § 407 of this chapter.
[Ord. 338, 12/21/2015]
(a)
A modification to a SWM site plan under review by the Township Engineer
for a development site that involves a change in stormwater management
facilities or techniques, or that involves the relocation or redesign
of stormwater management facilities, or that is necessary because
soil or other conditions are not as stated on the SWM site plan as
determined by the Township, shall require a resubmission of the modified
SWM site plan consistent with § 404 of this chapter and
be subject to review as specified in § 405 of this chapter.
(b)
A modification to an already approved or disapproved SWM site plan
shall be submitted to the Township Engineer, accompanied by the applicable
Township review and inspection fee. A modification to a SWM site plan
for which a formal action has not been taken by the Township shall
be submitted to the Township, accompanied by the applicable Township
Review and Inspection Fee.
[Ord. 338, 12/21/2015]
A disapproved SWM site plan may be resubmitted, with the revisions
addressing the Township's concerns documented in writing and
addressed to the Township Secretary in accordance with § 404
of this chapter and distributed accordingly and be subject to review
as specified in § 405 of this chapter. The applicable Township
Review and Inspection Fee must accompany a resubmission of a disapproved
SWM site plan.
