A.
The following regulated activities are specifically exempt from the SWM site plan preparation and submission requirements articulated in § 230-31A and Articles IV and V of this chapter:
(1)
Agricultural activity (see definitions) provided the activities are
performed according to the requirements of 25 Pa. Code Chapter 102.
(2)
Forest management and timber operations (see definitions) provided
the activities are performed according to the requirements of 25 Pa.
Code Chapter 102.
(3)
Conservation practices being installed as part of the implementation
of a conservation plan written by an NRCS-certified planner.
(4)
The installation of 1,000 or fewer square feet of impervious surface coverage proposed after May 12, 2014, provided that the activities meet the criteria of § 230-51C below and are conducted in accordance with all requirements of this chapter.
(5)
Domestic landscape and/or vegetable gardening.
(6)
Installation of additional impervious surface coverage on a lot where
all of the following conditions have been met:
(a)
The lot has a previously approved SWM site plan which included
SWM facilities to handle such future impervious surface coverage.
(b)
The SWM facilities on the approved SWM site plan were installed
and inspected and approved by the Township Engineer.
(c)
The Township approved the SWM site plan no more than five years
before the application to add the impervious surface coverage was
submitted to the Township or, if the Township approved the SWM site
plan more than five years before the application to add the impervious
surface coverage was submitted to the Township, there have been no
amendments to the design standards of this chapter between the date
of approval of the SWM site plan and the submission of the application
to add impervious surface coverage.
B.
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.
C.
An applicant proposing the cumulative installation of 1,000 square feet or less of impervious surface coverage may be exempt from the design plan submittal, and processing requirements of Articles IV and V of this chapter if the proposed meets the criteria of § 230-51C. No person or activity is exempted from compliance with § 230-65 and Articles VII, VIII and IX of this chapter. Exemptions do not relieve the application of the responsibility to secure required permits or approvals for activities regulated by any other code, law, regulation or ordinance. Exemptions shall not relieve an applicant from implementing such measures as necessary to meet compliance with any NPDES permitting requirements.
(2)
The applicant for exemption under this § 230-51C shall provide the Township with all information necessary for the Township to determine that:
(a)
There shall be no disturbance of land within floodplains, wetlands,
environmentally sensitive areas, riparian forest buffers, or slopes
greater than 15%.
(b)
No impervious surface coverage shall be installed and no earth
disturbance activity shall be conducted within any existing drainage
or stormwater easement created by or shown on any recorded plan.
(c)
The applicant shall minimize soil disturbance, take steps to
minimize erosion and sedimentation during construction activity, and
promptly reclaim all disturbed areas with topsoil and vegetation.
(d)
The applicant shall take steps that runoff be directed to pervious
areas on the subject property. No runoff shall be directed onto an
abutting street or neighboring property.
(e)
The proposed impervious surface shall not adversely impact any
existing known problem areas or downstream property owners or the
quality of runoff entering any municipal separate storm sewer system.
(f)
The proposed impervious surface shall not create accelerated
erosion and sedimentation.
(3)
If the proposed activity does not meet all of the criteria set forth in § 230-51C(2) above, the applicant shall follow the small project processing procedure in § 230-52A.
(4)
If the proposed activity is located in a high quality (HQ) or exceptional
value (EV) watershed, the applicant shall be responsible for compliance
with all federal and state requirements. This exemption does not provide
relief from any other applicable state or federal requirements.
(5)
No applicant and no activity shall violate or cause to be violated:
the Federal Clean Water Act, Clean Streams Law, or any regulation
issued thereunder, an NPDES permit, any recorded stormwater management
or operations and maintenance agreement, or any requirement applicable
to the municipal separate storm system.
A.
Small projects.
(1)
Anyone proposing a small project shall submit four copies of the
small project application to the Township. A complete small project
application shall include:
(a)
Small project application form (form provided by Township).
(b)
Small project sketch plan including the following:
[1]
Name and address of landowner (and/or) developer.
[2]
Date of small project application submission.
[3]
Name of individual and/or firm that prepared the sketch if different
than the landowner and/or developer.
[4]
Location and square footage of proposed impervious area or land
disturbance.
[5]
Approximate footprint and location of all structures on adjacent
properties if located within 50 feet of the proposed impervious area
or land disturbance.
[6]
Approximate location of existing stormwater management facilities
if present.
[7]
Location and description of proposed SWM facilities.
[8]
Direction of proposed stormwater discharge (e.g., with arrows).
[9]
Scale and North arrow.
(c)
Filing fee (in accordance with the Township's current fee schedule).
(2)
The small project application shall be submitted in a format that
is clear, concise, legible, neat and well organized.
(3)
Landowner where the small project is located will be required to
execute an agreement with the Township to ensure compliance with this
chapter.
B.
Development sites containing agricultural activities with conservation
plan.
(1)
Where a development site is located within the Agricultural District
(A) and has an implemented conservation plan verified by the conservation
district, the submission of proof of the implemented conservation
plan shall be considered compliance with this chapter for installation
of impervious surface coverage where all of the following criteria
are met.
(2)
For a parent tract containing not less than 10.5 acres to 20 acres,
cumulative new impervious areas of 10,000 square feet or less if the
minimum distance between the proposed impervious area and/or SWM facility
discharge point to the downslope property line of the parent tract
is at least 100 feet. In lieu of meeting the minimum distance criteria,
the applicant may provide documentation from a qualified person that
the stormwater flows from the parent tract leave the parent tract
in the same manner as the predevelopment condition and that there
will be no adverse effects to adjacent property or that the flows
reach a natural drainageway or existing SWM facility before affecting
adjacent property.
(3)
For a parent tract containing not less than 20 acres, cumulative
new impervious areas of 20,000 square feet or less if the minimum
distance between the proposed impervious area and/or SWM facility
discharge point to the downslope property line of the parent tract
is at least 250 feet. In lieu of meeting the minimum distance criteria,
the applicant may provide documentation from a Qualified Person that
the stormwater flows from the parent tract leave the parent tract
in the same manner as the predevelopment condition and that there
will be no adverse effects to adjacent property or that the flows
reach a natural drainageway or existing SWM facility before affecting
adjacent property.
Applicants are encouraged to schedule a pre-application meeting
to review the overall stormwater management concept plan with Township
staff/engineer. The pre-application meeting is not mandatory and shall
not constitute formal filing of a plan with the Township. Topics discussed
may include the following:
A.
Available geological maps, plans and other available data.
B.
Findings of the site analysis including identification of any environmentally
sensitive areas, wellhead protection areas, riparian corridors, hydrologic
soil groups, existing natural drainageways, karst features, areas
conducive to infiltration to be utilized for volume control, etc.
C.
Results of infiltration tests.
D.
Applicable subdivision and land development and/or zoning ordinance
provisions.
E.
The conceptual project layout, including proposed structural and
nonstructural BMPs.
F.
Potential
impacts to the MS4 (including inlets to the MS4 off-site but may receive
drainage from the site) and possible protection measures and BMPs.
[Added 9-12-2022 by Ord. No. 268]
A.
When a SWM site plan is required, the applicant shall submit the
following to the Township:
(1)
Six copies of the SWM site plan prepared in accordance with the requirements of Article IV of this chapter.
(2)
Two copies of all supplemental data.
(3)
An application form (provided by the Township).
(4)
A filing fee (in accordance with the Township's current fee schedule).
(5)
A digital copy of the SWM site plan and supplemental data.
B.
The SWM site plan shall be submitted in a formal that is clear, concise,
legible, neat and well organized.
C.
The applicant is responsible for submitting plans to any other agencies
such as the Lancaster County Conservation District, PennDOT, DEP,
etc., when permits from these agencies are required. Final approval
shall be conditioned upon the applicant obtaining all necessary permits.
D.
Incomplete submissions, as determined by the governing body or its
designee, shall be returned to the applicant within seven days, along
with a statement that the submission is incomplete, and stating the
deficiencies found. Otherwise, the application shall be deemed accepted
for filing as of the date of submission. Acceptance of the application
shall not, however, constitute an approval of the plan or a waiver
of any deficiencies or irregularities. The applicant may appeal the
Township's decision not to accept a particular application in accordance
with § 230-85 of this chapter.
E.
At its sole discretion and in accordance with this article, when
a SWM site plan is found to be deficient, the Township may either
disapprove the submission and require a resubmission, or in the case
of minor deficiencies, the Township may accept submission of revisions.
A.
When the regulated activity constitutes a subdivision or land development, the SWM site plan and subdivision/land development plan shall be processed concurrently according to the plan processing procedure outlined in Chapter 240.
B.
When the regulated activity constitutes a small project, the Township
shall review and take action on the small project application within
30 days of filing.
C.
When the regulated activity does not constitute a subdivision or
land development or small project, the Township Engineer shall review
the SWM site plan for conformance with the provisions of this chapter
within 30 days of filing.
D.
Following receipt of the Municipal Engineer's report and within 90
days following the date of the first regular meeting of the Board
of Supervisors after the date the application is filed, the Board
of Supervisors will schedule the SWM site plan application for action
at a regularly scheduled public meeting.
E.
Within 15 days of the meeting at which the SWM site plan application
is acted upon by the Board of Supervisors, written notice of the Board
of Supervisors' action shall be sent to the following individuals:
F.
If the Township disapproves the SWM site plan, the Township will
state the reasons for the disapproval in writing. The Township also
may approve the SWM site plan with conditions and, if so, shall provide
the acceptable conditions for approval in writing. Such conditional
approval shall be contingent upon the applicant's written acceptance
of the conditions.
B.
For the purposes of review deadlines, each resubmission required under § 230-56A (after submission but before approval) shall constitute a new submission for the purposes of time limits as set forth in the MPC and this chapter.
C.
Any substantial revisions to a SWM site plan after approval shall
be submitted as a new plan to the Township, accompanied by the applicable
fee.
Approval of a SWM site plan shall be valid for a period not to exceed five years. This time period shall commence on the date that the Township approves the SWM site plan. If a certificate of completion as required by § 230-58 has not been submitted within the specified time period, then the Township may consider the SWM site plan disapproved and may revoke any and all permits issued by the Township. SWM site plans that are considered disapproved by the Township may be resubmitted in accordance with § 230-54.
A.
A financial security (bond, restricted account or letter of credit)
for stormwater-related improvements shall be supplied by the developer
in conjunction with the subdivision/land development approval, or
in conjunction with the SWM site plan approval if no subdivision/land
development plan is required.
B.
The applicant shall provide a financial security to the Township
for the timely installation and proper construction of all SWM facilities,
including E&S BMPs, as required by the approved SWM site plan
and this chapter and, as applicable, in accordance with the provisions
of Sections 509, 510, and 511 of the MPC.
C.
The developer shall file with the Board of Supervisors financial
security in an amount sufficient to cover the cost of all stormwater
management facilities required by this chapter. Such financial security
shall provide for, and secure to the public, completion of all stormwater
management facilities within one year of the date fixed on the final
approved plan for such facilities. The amount of the financial security
shall be equal to 110% of the cost of the required facilities for
which financial security is to be posted. The cost of the facilities
shall be established by submission to the Board of Supervisors of
a bona fide bid or bids from the contractor or contractors chosen
by the developer to complete the facilities, or in the absence of
such bona fide bids, the cost shall be established by estimate and
approved by the Township. If the developer requires more than one
year from the date of posting of the financial security to complete
the required facilities, the amount of financial security may be increased
by an additional 10% for each one-year period beyond the first anniversary
date from posting of financial security, or to an amount not exceeding
110% of the cost of completing the required facilities, as reestablished
on or about the expiration of the preceding one-year period by using
the above procedures.
D.
In the case where development is projected over a period of years,
the Board of Supervisors may authorize submission of stormwater management
plan applications by section or stages of development subject to such
requirements or guarantees as to stormwater management facilities
in future sections or stages of development as it finds essential
for the protection of any finally approved section of the development.
E.
As the work of installing the required SWM facilities proceeds, the
party posting the financial security may request the Board of Supervisors
to release or authorize the release of, from time to time, such portions
of the financial security necessary for payment to the contractor
or contractors performing the work. Any such requests shall be in
writing addressed to the Board of Supervisors, and the Board of Supervisors
shall have 45 days from receipt of such request within which to allow
the Township Engineer to certify, in writing, to the Board of Supervisors
that such portion of the work upon the SWM facilities has been completed
in accordance with the approved SWM site plan. Upon such certification
the Board of Supervisors shall authorize release by the bonding company
or lending institution of an amount as estimated by the Township Engineer
fairly representing the value of the SWM facilities completed. The
Board of Supervisors may, prior to final release at the time of completion
and certification by its Engineer, require retention of 10% of the
estimated cost of the aforesaid SWM facilities.
F.
Schedule of inspections.
(1)
During the construction of the development, the Township Engineer
or other authorized Township official may inspect the premises to
determine that the work is progressing in compliance with the information
provided on the approved stormwater management plan and with all applicable
Township laws and ordinances.
(2)
The cost for conducting of inspections by the Township Engineer or
other authorized Township official shall be borne by the developer
in accordance with the fee schedule adopted by resolution of the Board
of Supervisors.
(3)
In the event the Township Engineer or authorized official discovers
that the work does not comply with the approved plan or any applicable
laws and ordinances, the Township shall suspend any existing zoning
permits related to the development until the required corrections
have been made. Any portion of the work that does not comply with
the approved plan must be corrected by the developer within 10 days.
No work may proceed on any subsequent phase of the stormwater management,
the subdivision or land development, or the building construction,
until the related zoning permits have been reinstated.
(4)
If, at any stage of the work, the Township Engineer or authorized official determines that the soil or other conditions are not as stated or shown in the approved application, or that there has been a false statement or misrepresentation by the developer, the Township Engineer or authorized official may refuse to approve further work and the Township may revoke existing zoning permits until a revised plan is submitted and approved, as required by § 230-41.
G.
Final inspection.
(1)
When the developer has completed all the required facilities, he
shall notify the Township in writing. The Township shall, within 10
days after receipt of such notice, authorize the Township Engineer
to inspect the required facilities. The Township Engineer shall promptly
file a report, in writing, with the Township and shall mail a copy
of the report to the developer. The report shall be made and mailed
within 30 days after receipt by the Township Engineer of the aforesaid
authorization by the Township.
(2)
Based on the report of the Township Engineer, the Township shall
indicate approval or rejection of the stormwater management facilities,
either in whole or in part; and if not approved, state reasons for
the rejection. The Township shall immediately notify the developer,
in writing, of its actions.
(3)
If the Board of Supervisors or the Township Engineer fails to comply
with the time limitation provisions contained herein, all stormwater
management facilities will be deemed to have been approved, and the
developer shall be released from all liability, pursuant to its performance
guaranty bond or other security agreement.
(4)
If any portion of said improvements are not approved or are rejected
by the Township, the developer shall proceed to compete the same and,
upon completion, the same procedure of notification outlined herein
shall be followed.
H.
In the event that any SWM facilities which may be required have not
been installed as provided in the approved SWM site plan the Board
of Supervisors is hereby granted the power to enforce any corporate
bond, or other security by appropriate legal and equitable remedies.
If proceeds of such bond or other security are insufficient to pay
the cost of installing or making repairs or corrections to all the
SWM facilities covered by said security, the Board of Supervisors
may, at its option, install part of such SWM facilities and may institute
appropriate legal or equitable action to recover the monies necessary
to complete the remainder of the SWM facilities.
A.
Upon completion of the plan improvements and prior to the release
of financial security, the applicant shall submit an as-built plan
to the Township. The as-built plan must show the final design specifications
for all stormwater management facilities and be sealed by a registered
professional engineer.
[Amended 9-12-2022 by Ord. No. 268]
(1)
All
stormwater facilities designed as planted facilities (such as BMP
basins, bioretention facilities, rain gardens, etc.), upon being planted
and permanently established with the required vegetation, shall be
professionally inspected, and certified by a qualified professional
that the established vegetation meets the requirements of the approved
planting plan, including required native vegetation, permanent establishment,
free from invasives, and other such requirements.
(2)
All
stormwater facilities basins, unless otherwise approved by the Township,
shall be provided with a back-up underdrain or approved system that
will allow appropriate dewatering of the basin as required. The underdrain
shall be controlled by a valve, orifice cap, or other such approved
regulation device.
(3)
During
construction, stormwater management infiltration systems shall have
the subgrade tested and approved by a geotechnical professional, including
performing infiltration testing.
B.
Review by Township Engineer.
(1)
The as-built plan shall be reviewed by the Township Engineer to verify
the plan includes all of the stormwater management facilities on the
subject property and the facilities are shown at the correct location.
(2)
The Township Engineer shall either approve the as-built plan or identify
corrections required.
(3)
If the Township Engineer identifies corrections required to the as-built
plan, the applicant shall submit a revised as-built plan to the Township
addressing the corrections.
C.
Following approval of the as-built plan by the Township Engineer,
the applicant shall submit the SWM site plan for recordation in the
Office of the Recorder of Deeds.
D.
Digital inventory.
(1)
When required. A digital inventory shall be submitted following approval
of the as-built plan by the Township Engineer if the project includes
any of the following:
(2)
Digital inventory requirements.
(a)
The digital inventory shall be in an electronic format acceptable
to the Township Engineer.
(b)
The digital inventory shall include all information included
and shown on the approved as-built plan.
(c)
All coordinates as depicted on the plan shall be based on the
PA South Zone State Plan Coordinate System (NAD83 for horizontal and
NAVD88 for vertical).
[Added 9-12-2022 by Ord. No. 268]
A.
The plans
should clearly indicate the need for a preconstruction meeting to
be held prior to earth moving activities and include personnel from
the following:
B.
Upon approval
by the Township, stormwater management plans shall be recorded at
the Lancaster County Recorder of Deeds office. Proof of recordation
must be provided to the Township. Plans will not be released for recording
until the above mentioned preconstruction meeting has been conducted
with all required parties.
