Article IV Stormwater Management (SWM) Permit and Site Plan Requirements

Major land disturbance. An application for an SWM permit for a major land disturbance activity, as defined in this chapter, shall include the following items:

One completed copy of the SWM application (available at the Township municipal office).

Four copies of the SWM site plan, including construction details, shall be submitted as follows (see § 415-19 for plan contents):

Two copies to the Township.

[2]

One copy to the York County Conservation District (when applicable).

(c)

Additional copies shall be submitted as requested by the Township or PADEP.

(d)

Filing fee in the amount specified in the fee schedule as established by resolution or ordinance of the Board of Supervisors.

(e)

Performance guarantee, when applicable (see § 415-26 for specifications).

Minor land disturbance. An application for an SWM permit for a minor land disturbance, as defined in this chapter, shall include the following:

One completed copy of the SWM application (available at the Township municipal office).

Two copies of the SWM site plan, including construction details.

(c)

Two copies of an E&S control plan, prepared according to YCCD guidelines.

(d)

Filing fee in the amounts specified in the fee schedule as established by resolution or ordinance of the Board of Supervisors.

Minimal residential disturbance. An application for an SWM permit for a minimal residential disturbance, as defined in this chapter, shall include the following:

One completed copy of the SWM application.

Two copies of the SWM site plan, including construction details and E&S controls.

(c)

Filing fee in the amounts specified in the fee schedule as established by resolution or ordinance of the Board of Supervisors.

All applications for an SWM site plan, the activity for which also constitutes a subdivision or land development, shall be submitted concurrently with all Chapter 430, Subdivision and Land Development, applications. Review and approval of the SWM plan will be made in conjunction with the development plan under Chapter 430 of this Code of Ordinances. An SWM permit will be issued at the time of subdivision and/or land development permitting and recording of plans.

[Amended 7-17-2014 by Ord. No. 2014-02]

Modification requests.

When reviewing an SWM site plan, whether or not the SWM site plan is included in a subdivision and/or land development plan application, the Township's governing body may, after consulting with the DEP as noted in § 415-12C of this chapter, grant a modification of the requirements of one or more provisions of this chapter if the literal enforcement will enact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of this chapter is observed.

All requests for modifications from an applicant shall be in writing and shall accompany and be a part of the application for approval of an SWM site plan and/or a subdivision or land development plan, as applicable. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the chapter involved and the minimum modification necessary.

The governing body of the Township shall keep a written record of all action on requests for modifications. The response of any consultation and/or review by the DEP shall be included as an original report, if available, or otherwise documented in the required written record.

SWM site plan approval procedure:

[Amended 7-17-2014 by Ord. No. 2014-02]

If an 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 30 days of submission to the Township. However, the Township, in its sole discretion, may extend the review and decision period another 30 days due to the nature of the application and/or site conditions or if a substantially incomplete SWM site plan is submitted. If an extension of another 30 days is imposed or granted by the Township beyond the first thirty-day review and decision period designated by this subsection, 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 thirty-day review and decision period, and no decision has been rendered by the Township within that period, the SWM site plan shall be deemed approved. Similarly, if, after a thirty-day extension of the review and decision period has been imposed or granted by the Township, no decision has been rendered by the Township within that period, the SWM site plan shall be deemed approved.

If an SWM site plan involves a subdivision and/or land development plan, the period of time from the submission to the Township of the subdivision and/or land development plan application which includes the SWM plan and the approval, approval with conditions, or disapproval, i.e., review and decision period, shall be 90 days, in accordance with the procedure for approval of plans in Section 508 of the Pennsylvania Municipalities Planning Code.[1]

Editor's Note: See 53 P.S. § 10508.

From the time an application for approval of a plan involving a subdivision or land development plan, whether preliminary or final, which includes an 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.

Decision notification procedure.

If the SWM site plan is disapproved, the written decision by the Township shall specify the defects in the application, describe the requirements which were not met, and shall cite the provisions of the chapter relied upon.

If the SWM site plan is approved with conditions, the notification to the applicant shall state the acceptable conditions for approval and the time limit for satisfying such conditions. Once an SWM site plan is approved and plans recorded, if required, an SWM permit will be issued.

[Amended 7-17-2014 by Ord. No. 2014-02]

§ 415-19 Plan requirements.

Although not a requirement of this chapter, prior to proceeding with SWM site plan preparation and submission, the applicant is encouraged to request a preapplication meeting with the Township's Engineer or representative and a staff member of the York County Conservation District to discuss the plan concept and responsibility for submission of required documents and information. The following items shall be included in the SWM site plan:

Appropriate sections of Chapter 430 of this Code of Ordinances, and other applicable ordinances of the Township regarding subdivision and land development plan preparation and applicable plan requirements, shall be followed in preparing all SWM site plans, regardless of whether or not a SWM site plan involves a subdivision and/or land development plan.

[Amended 7-17-2014 by Ord. No. 2014-02]

The Township shall not approve any SWM site plan that is deficient in meeting the requirements of this chapter. At its sole discretion, and in accordance with this article, when an SWM site plan is found to be deficient, the Township may either disapprove the submission, or, in the case of minor deficiencies, the Township may accept the submission of a revised SWM site plan as noted in § 415-20 of this chapter. Incomplete applications will be rejected without review.

[Amended 7-17-2014 by Ord. No. 2014-02]

Provisions for permanent access or maintenance easements for all physical SWM BMPs, such as ponds and infiltration structures, as necessary to implement the operation and maintenance (O&M) plan discussed in Article V of this chapter. This requirement may be waived for minor or minimal land disturbance activities.

[Amended 7-17-2014 by Ord. No. 2014-02]

Plan contents, general. SWM site plan designs which entail engineering expertise shall be prepared by a qualified person or professional. All SWM site plans shall show, be accompanied by, or be prepared in accordance with the following:

[Amended 7-17-2014 by Ord. No. 2014-02]

The plan shall be clearly and legibly drawn at a scale of 10 feet, 20 feet, 30 feet, 40 feet, or 50 feet to the inch. Profile plans shall maintain a ratio of 1:10 vertical to horizontal.

The sheet size shall be no smaller than 11 inches by 17 inches and no larger than 24 inches by 36 inches. If the plan is prepared in two or more sections, a key map showing the location of the sections shall be placed on each sheet. If more than one 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).

Plans shall be legible in every detail.

Name and address of landowner, applicant, and individual who prepared the plan.

Plan date and date of latest revision to the plan, North point, graphic scale and written scale. All maps shall be drawn at a commonly used engineering scale.

A location map, drawn to scale, relating the property to at least two intersections of existing road center lines, including the approximate distance to the intersection of the center lines of the nearest existing street intersection. Maximum permitted scale is one inch equals 1,000 feet.

Any stormwater management improvement that is subjected to an easement and not to be offered for dedication shall be identified. The Township is not responsible for the maintenance of any area not dedicated to and accepted for public use.

Certificate, signed and sealed by an individual registered in the Commonwealth of Pennsylvania and qualified to perform such duties, indicating compliance with the provisions of this chapter.

(9)

Construction details outlining the construction sequence, system sizing, and materials to be used. Details may include type of stone and placement requirements, filter fabric, inlet and piping installations, vegetation type and planting requirements, etc.

Existing features:

Tract boundaries, showing distances, bearings and curve data, as located by field survey or deed plotting, total acreage of the tract, and total acreage of the project if less than the entire tract.

Contour lines shall be provided at one-foot intervals for slopes of 10% or less, two-foot intervals for slopes greater than 10% to 15%, and minimum five-foot intervals for slopes greater than 15%. Steep slope contours (over 15%) should be shaded. Contours shall be accompanied by the location of the benchmark within or immediately adjacent to the subject tract and a notation indicating the datum used. The United States Geodetic Survey (USGS) or alternate GPS-based method, as acceptable to the Township Engineer, shall be used for benchmark datum. Unless required by the Township for site evaluation, contour data is not necessary beyond the property of the applicant.

The names of all owners of all immediately adjacent land, names of all proposed or existing developments immediately adjacent, and locations and dimensions of any streets or easements shown thereon.

The names, locations and dimensions of all existing buildings, street rights-of-way, railroads, utilities, watercourses, wells, drainage facilities, floodplains, wetlands, on-lot sewage disposal facilities, woodlands, riparian buffers, easements, and other significant features located either within and adjacent to the property or, when the item affects the property, 200 feet from the property.

The size, slope, capacity, and condition of the existing stormwater management system and any other facility that may be used to convey storm flows.

Soils types as designated by the United States Department of Agriculture, Natural Resources Conservation Service, Soil Survey of York County.

Designation of the location of on-site and off-site subwatersheds.

Designation of the location of the time of concentration path(s) for the on-site and off-site subwatersheds.

Proposed features:

Proposed land use, total number of lots and dwelling units, and extent of commercial, industrial or other nonresidential uses.

Locations and dimensions of all proposed streets, sidewalks, lot lines, building locations, parking compounds, impervious and semi-impervious surfaces, sanitary sewer facilities, water facilities, stormwater management facilities, utilities, and other significant features. This information shall be provided to the detail necessary to construct the facilities.

Proposed changes to land surface and vegetative cover, including areas to be cut or filled.

Proposed topographical data. This information shall be provided by contour lines indicating the existing and proposed grades of the site. Contour lines shall be provided at one-foot intervals for slopes of 10% or less, two-foot intervals for slopes greater than 10% to 15%, and minimum five-foot intervals for slopes greater than 15%.

Plans and profiles of proposed stormwater management facilities, including horizontal and vertical location. Additionally, a detail with all pertinent construction requirements shall be provided for outlet structures. This information shall be of the quality required for the construction of all facilities.

The size, slope, capacity, material, elevation, and condition of the proposed stormwater management system and other facility that may be used to convey storm flows. This information shall include invert elevations and top-of-grate elevations.

Plans, details and profiles of all erosion and sedimentation control measures, temporary as well as permanent.

Designation of the location of on-site subwatersheds.

(9)

Designation of the location of the time-of-concentration path(s) for the on-site subwatersheds.

Erosion and sediment (E&S) control:

Location of all E&S measures, temporary as well as permanent, including the staging of land-moving activities, sufficient in detail to clearly indicate their function.

All E&S control measures shall conform to the requirements of the Pennsylvania DEP, Soil Erosion and Sedimentation Control Manual and § 415-29Q of this chapter.

Written report and calculations:

Calculations, assumptions, criteria, methodology, and references used in the design of stormwater management facilities, the establishment of capacities, and the predevelopment and post-development peak discharge. This information shall include data on all subwatersheds.

For all basins, a plotting or tabulation of the storage volumes and discharge curves, with corresponding water surface elevations, inflow hydrographs, and outflow hydrographs.

Groundwater recharge:

Soil structures and characteristics shall be provided for proposed groundwater recharge systems, and detention or retention basins which hold two acre feet or more of water or have an embankment that is six feet or more in height. Plans and data prepared by a qualified person or professional experienced and educated in soil mechanics shall be submitted. This data shall provide design solutions for frost heave potential, shrink-swell potential, soil bearing strength, water infiltration, soil consolidation characteristics, fill and backfilling procedures and soil treatment techniques as required to protect the improvements or structures.

The following percolation test requirements apply to all proposed infiltration and groundwater recharge methods of stormwater management, such as seepage pits, beds, trenches, leaching wells, and cisterns:

[Amended 7-17-2014 by Ord. No. 2014-02]

For major land disturbance activities, representative percolation tests must be made throughout the proposed area. At least two double-ring infiltrometer tests must be performed for each soil group and for each stormwater infiltration facility. At least two double-ring infiltrometer tests must be performed for each five lots proposed for subdivision or development and for each 0.5 acre of land area used for biorention or infiltration areas. ASTM D 3385-09 or current version double-ring infiltrometer test methods must be followed, or as approved by the Township Engineer.

[2]

For minor and minimal land disturbance activities, at least two double-ring infiltrometer tests or falling-head tests must be performed at each location of a proposed infiltration SWM facility.

A 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.

A description, plan, details and schedule of an operation and maintenance program in accordance with Article V of this chapter.

A Pennsylvania Department of Transportation highway occupancy permit for any stormwater management facility proposed within the right-of-way of any state road.

Acknowledgment that an 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.

§ 415-21 Resubmission of disapproved SWM site plans.

Notification of approval from the applicable state and federal agencies for any proposed encroachment into a wetland area.

(9)

A schedule for installation of the control measures and devices. In all cases, the proposed stormwater management devices must be completed prior to the construction of additional impervious areas unless an approved E&S control plan sequence of construction dictates otherwise.

§ 415-20 Revision of plans.

[Amended 7-17-2014 by Ord. No. 2014-02]

A revision to a previously submitted SWM site plan that involves a change in SWM BMPs, stormwater management facilities, or changes in analytical techniques, or that involves the relocation or redesign of SWM BMPs, 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 revised SWM site plan in accordance with this article, including applicable fees. For NPDES-permitted sites, any revised SWM site plan shall also be resubmitted to the York County Conservation District for review. In the case of an SWM site plan which contains minor deficiencies, such as a missing label, omission of a required note or minor construction detail, as determined by the Township, the Township may accept a resubmission of such SWM site plan without the requirement of a resubmission review fee.

[Amended 7-17-2014 by Ord. No. 2014-02]

A disapproved SWM site plan may be resubmitted, within 180 days, with the revisions addressing the Township's concerns as stated regarding the original submission, to the Township in accordance with this article. One resubmission is allowed before the applicable resubmission review fee must accompany the submission of a revised SWM site plan, unless such fee is waived by the Township (see § 415-20).

§ 415-22 Authorization to construct and term of validity.

SWM site plans independent of subdivision and/or land development plan. The Township's approval of an SWM site plan, when such plan is submitted independent of a subdivision and/or land development plan, authorizes the regulated activities contained in the SWM site plan for a maximum term of validity of one year following the date of approval. Terms of validity shall commence on the date the Township signs the approval for an SWM site plan. If an approved SWM site plan is not completed according to § 415-18 within the term of validity, 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 may be resubmitted in accordance with § 415-21 of this chapter.

SWM site plans included in a subdivision and/or land development plan. The Township's approval of an SWM site plan which is a part of a subdivision and/or land development plan authorizes that plan and the regulated activities therein so that no subsequent change or amendment in this chapter or other governing ordinances or plans shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval, as specified in Section 508(4)(ii) through (vii) of the Pennsylvania Municipalities Planning Code.[1]

§ 415-23 SWM permit inspections and completion of construction.

Editor's Note: See 53 P.S. § 10508.

[Amended 7-17-2014 by Ord. No. 2014-02]

Inspections with an approved SWM permit.

Prior to commencing construction of stormwater management facilities, the property owner or developer shall arrange a preconstruction meeting with the Township or the municipal assignee.

The inspection schedule outlined in the approved SWM permit should be followed to determine at which stages of construction the facilities shall be inspected.

No facilities or portion thereof shall be buried or otherwise permanently covered unless and until the inspection of that stage, as determined by the Township or the municipal assignee, has been performed and that stage of construction has been approved.

Completion of construction. The stormwater management facilities constructed in accordance with an SWM site plan not submitted as a component of a subdivision and/or land development plan shall be subject to the following process upon the completion of construction of said facilities:

The property owner or developer shall contact the Township within seven days of the completion of the construction process to schedule a final inspection. The final inspection shall be conducted within 10 days of notification by the Township or the municipal assignee.

Prior to the final inspection, the property owner or developer shall submit to the Township the operation and maintenance agreement and record drawings, in accordance with Appendix C or D,[1] depicting the stormwater management facilities as constructed. If requested by the property owner or developer, the Township may grant an extension of the deadline to submit the record drawings.

Editor's Note: Appendixes C and D are included as attachments to this chapter.

The Township may inspect the completed improvements to confirm consistency with the approved SWM site plan. Following the inspection, if any, the Township may take one of the following two actions:

When the Township determines that the stormwater management facilities have been constructed in conformance with the approved SWM permit, the signed SWM inspection report will be provided to the Zoning Department. Once all final inspections are completed, a certificate of use and occupancy will be issued per Chapter 490 of this Code of Ordinances.

Issue correspondence regarding discrepancies. If the Township determines that the stormwater management facilities have not been constructed in accordance with the approved SWM site plan, it shall issue correspondence addressed to the property owner or developer summarizing the discrepancies from the approved SWM site plan. Such correspondence does not by itself constitute an extension of any applicable SWM permit.