Township of East Hempfield, PA
Lancaster County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
A. 
The following regulated activities are specifically exempt from the SWM site plan preparation and submission requirements articulated in § 260-13A 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 implemention of a conservation plan written by an NRCS certified planner.
(4) 
The cumulative installation of impervious surface of up to 1,000 square feet or 5% of the gross lot area, whichever is less after June 2, 2014; provided that the activities meet the criteria of § 260-28C below and are conducted in accordance with all requirements of this chapter.
(5) 
Domestic landscape and/or vegetable gardening.
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 impervious surface of up to 1,000 square feet or 5% of the gross lot area, whichever is less of impervious surface coverage, may be exempt from the design, plan submittal, and processing requirements of Articles III, IV, and V of this chapter if the proposal meets the criteria in the § 260-28C. No person or activity is exempted from compliance with § 260-41 and Articles VII, VIII, and IX of this chapter. Exemptions do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other code, law, regulation, or ordinance. Exemption shall not relieve an applicant from implementing such measures as necessary to meet compliance with any NPDES permit requirements. Any exemption based on false, misleading, or erroneous information provided by an applicant is void without the necessity of any proceedings for revocation. Any work undertaken or use established pursuant to such permit or other authorization is unlawful.
(1) 
Any applicant desiring exemption from design, plan submission, and plan processing requirements shall complete an application for exemption. The application form is on file at the Township office.
(2) 
The applicant for exemption under this § 260-28C 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, and environmentally sensitive areas.
(b) 
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.
(c) 
The applicant shall take steps to insure that runoff is directed to pervious areas on the subject property. No runoff shall be directed onto an abutting street or neighboring property.
(d) 
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.
(e) 
The applicant shall comply with the erosion and sediment control requirements of Chapter 102 and 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 § 260-28C(2) above, the applicant shall follow the small project processing procedure in § 260-29.
(4) 
The applicant shall comply with applicable state water quality standards. 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 applicable to those special protection waters. 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 a municipal separate storm sewer system.
D. 
Installation of additional impervious surface coverage on a lot where all of the following conditions have been met:
(1) 
The lot has a previously approved SWM site plan which included SWM facilities to handle such future impervious surface coverage.
(2) 
The SWM facilities on the approved SWM site plan were installed and inspected and approved by the Township Engineer.
(3) 
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.
E. 
Public road improvement projects initiated and/or sponsored by the Township and/or the Pennsylvania Department of Transportation shall be exempt from these stormwater management criteria under the following circumstances:
(1) 
The road improvement project is required as part of a safety improvement project.
(2) 
A general analysis is provided and it can be demonstrated that the proposed improvements will not adversely affect any adjacent property owners, nor will the improvements adversely affect downstream stormwater management facilities. Otherwise, mitigation of these impacts will be required as part of the proposed improvements.
F. 
Road maintenance projects initiated and/or sponsored by the Township and/or the Pennsylvania Department of Transportation shall be exempt from these stormwater management criteria.
G. 
Projects exempt from stormwater submission requirements are still required to obtain a zoning permit from the Township which documents the additional impervious surface area being added to the property.
A. 
Small projects.
(1) 
Anyone proposing a small project shall submit two copies of the small project permit application to the Township.
(2) 
A complete small project permit application shall include:
(a) 
Small project permit application form (on file at the Township Office).
(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 from 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] 
Location of existing SWM facilities if present.
[7] 
Location and description of proposed SWM facilities.
[8] 
Direction of proposed stormwater discharge (i.e., with arrows).
[9] 
Scale and North arrow.
(c) 
Filing fee (in accordance with the Township's current fee schedule).
(3) 
The small project application shall be submitted in a format that is clear, concise, legible, neat and well-organized.
(4) 
Small project applications need not demonstrate literal compliance with Articles III, IV and VI of this chapter. However, small project applications must demonstrate they comply with the intent of this chapter as outlined in §§ 260-2 and 260-3. The Township Board of Supervisors or its designee may require additional information or invoke any section of this chapter deemed necessary to adequately demonstrate compliance with the intent of this chapter.
(5) 
The Township Board of Supervisors or its designee may require an applicant to submit a full SWM site plan if in its opinion a small project application proposes significant risk to the Township or adjoining properties.
(6) 
Applications for small project permits shall be reviewed and acted upon by the Township Board of Supervisors or its designee within 30 days of filing a complete permit application.
(7) 
Approval of a small project permit shall be valid for a period not to exceed two years. This two-year time period shall commence on the date that the Township Board of Supervisors or its designee signs the approved small project permit.
(8) 
Written requests for an extension shall be made at least 30 days prior to the expiration date. If refused, the Township Board of Supervisors or its designee shall cite the reason(s) for such refusal.
B. 
Development sites containing agricultural activities with conservation plan.
(1) 
Where a development site is located within the Agricultural Zone (A) and has an implemented conservation plan approved and 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 applicant can 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 applicant can 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.
(4) 
An applicant for processing under this § 260-29B shall provide the Township with information to demonstrate there shall be no disturbance of land within floodplains, wetlands, environmentally sensitive areas, riparian forest buffers, or slopes greater than 15%.
A. 
Applicants are encouraged to schedule a pre-application meeting to review the overall stormwater management concept 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;
(1) 
Available geological maps, plans and other available data.
(2) 
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.
(3) 
Results of infiltration tests.
(4) 
Applicable Township Subdivision and Land Development and/or Zoning Ordinance provisions.
(5) 
The conceptual project layout, including proposed structural and nonstructural BMPs.
B. 
The Township has the right to seek reimbursement for all pre-application professional services incurred.
A. 
When a SWM site plan is required, the applicant shall submit the following to the Township:
(1) 
Three 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) 
A filing fee (in accordance with the Township's current fee schedule).
B. 
The SWM site plan shall be submitted in a format that is clear, concise, legible, neat and well organized.
C. 
All submittals including plans and reports shall include an electronic format acceptable to the Township.
D. 
The applicant is responsible for submitting plans to any other agencies such as the Conservation District, PennDOT, DEP, etc. when permits from these agencies are required. Final approval shall be conditioned upon the applicant obtaining all necessary permits.
E. 
Incomplete submissions as determined by the Board of Supervisors 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 § 260-51 of this chapter.
F. 
At its sole discretion and in accordance with this article, when a SWM site plan is found to be deficient, the Township Board of Supervisors or its designee may either disapprove the submission and require a resubmission, or in the case of minor deficiencies, the Township Board of Supervisors or its designee 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 the East Hempfield Township Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 265, Subdivision and Land Development.
B. 
When the regulated activity constitutes a small project, the small project permit application shall be processed according to § 260-29.
C. 
When the regulated activity does not constitute a subdivision or land development or a small project, the SWM site plan shall be processed according to the plan processing procedure outlined in this chapter.
D. 
All applications for approval of a SWM site plan shall be acted upon by the Township Board of Supervisors or its designee, who shall render his/her decision and communicate it to the developer not later than 90 days following the date the application is filed.
(1) 
The decision of the Township Board of Supervisors or its designee shall be in writing and shall be communicated to the developer or its agent personally or mailed to him/her at his/her last known address not later than 15 days following the decision.
(2) 
When the application is not approved in terms as filed, the decision shall specify the defects found in the application and shall describe the requirements which have not been met and shall, in each case, cite the provisions of the chapter relied upon for the decision.
E. 
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.
F. 
Revisions to a SWM site plan after submission but before Township action shall require a resubmission of the modified SWM site plan consistent with § 260-31 of this chapter and be subject to review as specified in § 260-32 of this chapter.
G. 
For the purposes of review deadlines, each resubmission required under § 260-32F (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.
H. 
Any substantial revisions to a SWM site plan after approval shall be submitted as a new plan to the Township, accompanied by the applicable review fee.
A. 
Approval of a SWM site plan shall be valid for a period not to exceed five years. This five-year time period shall commence on the date that the Township Board of Supervisors or its designee signs the approved SWM site plan.
B. 
If SWM facilities included in this approved SWM site plan have not been constructed within this five-year time period, then the Township Board of Supervisors or its designee may consider the SWM site plan disapproved and may recommend that the Township revoke any and all permits. SWM site plans that are considered disapproved by the Township or its designee shall be resubmitted in accordance with § 260-31 of this chapter.
C. 
An extension of an unexpired SWM site plan shall be issued by the Township following the submission of a written request if, in the opinion of the Township Board of Supervisors or its designee, the subject property or affected surrounding area has not been altered in a manner which requires alteration or revision of the stormwater management plan. Written requests shall be made at least 30 days prior to the expiration date.
D. 
The refusal of an extension of time shall cite the reason(s) for such refusal.
E. 
A SWM site plan shall not expire while a request for an extension is pending.
A. 
Upon completion of the SWM site 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 SWM facilities and be sealed by a registered qualified person.
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 SWM facilities on the subject property and that 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. 
All coordinates as depicted on the as-built plan shall be based on the following:
(1) 
Horizontal datum shall be referenced to the Pennsylvania South Zone State Plane Coordinate System (NAD83).
(2) 
Vertical datum shall be referenced to NAVD 88.
D. 
The following information should be included with the as-built plan:
(1) 
Actual location of floodplain by elevation and dimension from property line.
(2) 
Actual location and cross section of swales and accompanying easements. The plan should demonstrate that the swales intercept and convey stormwater according to the approved subwatershed plan.
(3) 
Actual horizontal and vertical location of SWM facilities, including type and size of storm drainage pipes, inverts and rims of structures, slopes and accompanying easements.
(4) 
Actual location and connection point(s) of perforated underdrain(s).
(5) 
Actual location and connection point(s) of roof leader drain(s).
(6) 
Detention and infiltration basins.
(a) 
Actual contours of the basin.
(b) 
Actual outlet structure details, including type, size and inverts of outlet pipes. Include the orifice plate size and location on the as-built survey, if applicable.
(c) 
Actual elevation and widths for the embankment and emergency spillway.
(d) 
Compaction results and soils testing data for embankments structures.
(e) 
Certification that compaction of the basin bottom did not occur (for infiltration basins).
(f) 
Actual volume of the basin and post-development flow rates based upon as-built conditions for the basin. Calculations should be signed and sealed by a design professional.
(7) 
Actual location and dimensions of all BMP facilities.
E. 
The as-built plan shall be submitted in a format that is clear, concise, legible, neat and well-organized.
F. 
All submittals, including plans and reports shall include an electronic format acceptable to the Township.
G. 
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:
(a) 
SWM facilities which are offered for dedication to the Township.
(b) 
SWM facilities which connect to or alter any portion of the Township's MS4.
(c) 
BMPs included on a NPDES permit.
(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 Pennsylvania South Zone State Plan Coordinate System (NAD83 for horizontal and NAVD88 for vertical).
H. 
Following approval of the as-built plan by the Township Engineer, the applicant shall submit the as-built plan for recordation in the office of the Recorder of Deeds.
I. 
As-built plans are not required for small projects.
A. 
At the completion of the project, and as prerequisite for the release of the remaining financial security, the applicant shall provide a certification of completion from a qualified person, verifying that all permanent SWM facilities have been constructed according to the plans and specifications and approved revisions thereto.
B. 
Upon receipt of the certificate of completion, and prior to release of the remaining financial security, the Township shall conduct a final inspection to certify compliance with this chapter.
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 controls and other BMPs, as required by the approved SWM site plan and this chapter and, as applicable, in accordance with the provisions of the MPC.
C. 
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, 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.
D. 
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 of the East Hempfield Township 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 of the East Hempfield Township 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. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the SWM facilities covered by such security, and not for any other Township purpose.
E. 
Financial security is not required for small projects.