This chapter shall be known as the "Easttown Township Stormwater
Management Ordinance."
[Amended 12-15-2014 by Ord. No. 424-14]
The Township Board of Supervisors finds that:
A.
Inadequate management of accelerated stormwater runoff resulting
from land disturbance and development throughout a watershed increases
flooding, flows and velocities, contributes to erosion and sedimentation,
overtaxes the capacity of streams and storm sewers, greatly increases
the cost of public facilities to convey and manage stormwater, undermines
floodplain management and flood reduction efforts in upstream and
downstream communities, reduces infiltration and groundwater recharge,
increases nonpoint source pollution to waterways, and threatens public
health and safety.
B.
Inadequate planning and management of stormwater runoff resulting
from land disturbance and development throughout a watershed can harm
surface water resources by changing the natural hydrologic patterns,
accelerating stream flows (which increase scour and erosion of streambeds
and stream banks, thereby elevating sedimentation), destroying aquatic
habitat, and elevating aquatic pollutant concentrations and loadings
such as sediments, nutrients, heavy metals, and pathogens. Groundwater
resources are also impacted through loss of recharge.
C.
A comprehensive program of stormwater management, including minimization
of impacts of new development, redevelopment, and other earth disturbance
activities causing accelerated runoff and erosion and loss of natural
infiltration, is fundamental to the public health, safety, and general
welfare of the people of the Township and all of the people of the
commonwealth, their resources, and the environment.
[Amended 10-17-2022 by Ord. No. 452-22]
D.
Stormwater is an important water resource that provides infiltration
and groundwater recharge for water supplies and baseflow of streams,
which also protects and maintains surface water quality.
E.
Impacts from stormwater runoff can be minimized by reducing the volume
of stormwater generated and by using project designs that maintain
the natural hydrologic regime and sustain high water quality, infiltration,
stream baseflow, and aquatic ecosystems. Cost-effective and environmentally
sensitive stormwater management can be achieved through the use of
nonstructural site design techniques that minimize impervious surfaces,
reduce disturbance of land and natural resources, avoid sensitive
areas (i.e., riparian buffers, floodplains, steep slopes, wetlands,
etc.), and consider topography and soils to maintain the natural hydrologic
regime.
F.
Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater.
G.
Federal and state regulations require the Township to implement a
program of stormwater controls. The Township is required to obtain
a permit and comply with its provisions for stormwater discharges
from its separate storm sewer system under the National Pollutant
Discharge Elimination System (NPDES).
H.
Nonstormwater discharges to Township or other storm sewer systems
can contribute to pollution of the waters of the commonwealth.
I.
The use
of green infrastructure, low-impact development (LID), and conservation
design (CD) are intended to address the root cause of water quality
impairment by using systems and practices which use or mimic natural
processes to: 1) infiltrate and recharge, 2) evapotranspire, and/or
3) harvest and use precipitation near where it falls to earth. Green
infrastructure practices, LID, and CD contribute to the restoration
or maintenance of predevelopment hydrology.
[Added 10-17-2022 by Ord. No. 452-22]
[Amended 12-15-2014 by Ord. No. 424-14]
The purpose of this chapter is to protect public health, safety
and general welfare, property and water quality by implementing drainage
and stormwater management practices, criteria, and provisions included
herein for land development, construction and earth disturbance activities,
to achieve the following throughout the Township:
A.
Reduce the frequency and magnitude of flooding and stormwater impacts
affecting people, property, infrastructure and public services.
B.
Sustain or improve the natural hydrologic characteristics and water
quality of groundwater and surface waters.
C.
Protect natural resources, including riparian and aquatic living
resources and habitats.
D.
Maintain the natural hydrologic regime of land development sites
and their receiving watersheds.
E.
Minimize land disturbance and protect and incorporate natural hydrologic
features, drainage patterns, infiltration, and flow conditions within
land development site designs.
F.
Reduce and minimize the volume of stormwater generated and manage
and release stormwater as close to the source of runoff as possible.
G.
Provide infiltration and maintain natural groundwater recharge to
protect groundwater supplies and stream base flows, prevent degradation
of surface water and groundwater quality, and to otherwise protect
water resources.
H.
Reduce stormwater pollutant loads to protect and improve the chemical,
physical, and biological quality of ground and surface waters.
I.
Reduce scour, erosion and sedimentation of stream channels.
J.
Reduce flooding impacts and preserve and restore the natural flood-carrying
capacity of streams and their floodplains.
K.
Protect adjacent and downgradient lands from adverse impacts of direct
stormwater discharges.
L.
Minimize impervious surfaces and connected impervious surfaces to
promote infiltration and reduce the volume and impacts of stormwater
runoff.
M.
Provide proper long-term operation and maintenance of all permanent
stormwater management facilities, BMPs and conveyances that are implemented
within the Township.
N.
Reduce the impacts of runoff from existing developed land undergoing
redevelopment while encouraging new development and redevelopment
in urban areas and areas designated for growth.
O.
Implement an illicit discharge detection and elimination program
that addresses nonstormwater discharges.
P.
Provide stormwater management performance standards and design criteria
on a watershed basis.
[Amended 10-17-2022 by Ord. No. 452-22]
Q.
Provide standards to meet certain NPDES stormwater permit requirements.
R.
Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code Chapter 93, to protect, maintain, reclaim
and restore the existing and designated uses of the waters of the
commonwealth.
S.
Implement the requirements of total maximum daily load (TMDLs) where
applicable to waters within or impacted by the Township.
T.
Provide review procedures and performance standards for stormwater
planning and management.
U.
Fulfill the purpose and requirements of Pennsylvania Act 167 (PA
Act 167, Section 3[1]):
(1)
Encourage planning and management of stormwater runoff in each watershed
which is consistent with sound water and land use practices.
(2)
Authorize a comprehensive program of stormwater management designated
to preserve and restore the flood-carrying capacity of commonwealth
streams; to preserve to the maximum extent practicable natural stormwater
runoff regimes and natural course, current and cross section of waters
of the commonwealth; and to protect and conserve groundwaters and
groundwater recharge areas.
(3)
Encourage local administration and management of stormwater consistent
with the commonwealth's duty as trustee of natural resources and the
people's constitutional right to the preservation of natural, economic,
scenic, aesthetic, recreational and historic values of the environment.
[1]
Editor's Note: See 32 P.S. § 680.3.
[Amended 12-15-2014 by Ord. No. 424-14]
The Township is empowered or required to regulate land use activities
that affect runoff and surface and groundwater quality and quantity
by the authority of:
A.
The Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1
et seq., as amended, the Storm Water Management Act (hereinafter referred
to as "the Act");
B.
The Second Class Township Code, 53 P.S. § 65101 et seq.;
C.
The Act of July 31, 1968, P.L. 805, No. 247, 53 P.S. § 10101
et seq., as amended, the Pennsylvania Municipalities Planning Code,
Act 247 (hereinafter referred to as the "MPC").
A.
The following activities are regulated by this chapter:
(1)
All regulated activities as defined in this chapter, including, but
not limited to, new development, redevelopment, and earth disturbance
activities, that are located within the Township shall be subject
to regulation by this chapter.
[Amended 12-15-2014 by Ord. No. 424-14]
(2)
Specific peak runoff release rate standards and riparian buffer requirements
are provided in this chapter for projects located in the Darby Creek
and Crum Creek Watersheds pursuant to previously approved Act 167
plans for those watersheds.
(3)
When a building and/or grading permit is required for any regulated
activity on an existing parcel or approved lot created by a subdivision
and/or improved as a land development project, issuance of the permit
shall be conditioned upon adherence to the terms of this chapter.
(4)
This chapter contains the stormwater management performance standards
and design criteria that are necessary from a watershed-based perspective.
The Township's stormwater management conveyance and system design
criteria (e.g., inlet spacing, inlet type, collection system design
and details, outlet structure design, etc.) shall continue to be regulated
by the applicable Township ordinance(s) and applicable state regulations.
[Amended 12-15-2014 by Ord. No. 424-14]
B.
Duty of persons engaged in a regulated activity. Notwithstanding
any provision(s) of this chapter, including exemptions, any landowner
or any person engaged in a regulated activity, including but not limited
to the alteration or development of land, which may affect stormwater
runoff characteristics, shall implement such measures as are reasonably
necessary to prevent injury to health, safety, or other property.
Such measures also shall include actions as are required to manage
the rate, volume, direction, and quality of resulting stormwater runoff
in a manner which otherwise adequately protects health, property,
and water quality of waters of the commonwealth.
C.
Phased and incremental project requirements.
(1)
Any regulated activity (including but not limited to new development,
redevelopment, or earth disturbance) that is to take place incrementally
or in phases, or occurs in sequential projects on the same parcel
or property, shall be subject to regulation by this chapter if the
regulated impervious surface or earth disturbance exceeds the corresponding
threshold for exemption (as presented in Table 388-6.1, "Thresholds
for Regulated Activities that are Exempt from the Provisions of this
Chapter as Listed Below").
[Amended 10-17-2022 by Ord. No. 452-22]
(2)
The date of enactment of this chapter shall be the starting point
from which to consider tracts as parent tracts relative to future
subdivisions and from which impervious surface and earth disturbance
computations shall be cumulatively considered. For example: If, after
enactment of this chapter, an applicant proposes construction of a
400-square-foot garage, that project would be exempted from the requirements
of this chapter as noted in Table 388-6.1. If, at a later date, an
applicant proposes to construct a 100-square-foot room addition on
the same property, the applicant would then be required to implement
the stormwater management and plan submission requirements of this
chapter for the cumulative total of 500 square feet of additional
impervious surface added to the property since adoption of this chapter.
[Amended 7-20-2015 by Ord. No. 425-15]
A.
Requirements for exempt activities.
(1)
An exemption from any requirement of this chapter shall not relieve
the applicant from implementing all other applicable requirements
of this chapter or from implementing such measures as are necessary
to protect public health, safety, and welfare, property and water
quality.
(2)
An exemption shall not relieve the applicant from complying with
the requirements for state-designated special protection waters designated
by PADEP as high-quality (HQ) or exceptional-value (EV) waters, or
any other current or future state or municipal water quality protection
requirements.
(3)
An exemption under this chapter shall not relieve the applicant from
complying with all other applicable Township ordinances or regulations.
[Amended 12-15-2014 by Ord. No. 424-14]
B.
General exemptions. Regulated activities that involve less than 500 square feet of regulated impervious surfaces and less than 5,000 square feet of earth disturbance or are listed in Subsection C are exempt from those (and only those) requirements of this chapter that are included in the sections and articles listed in Table 388-6.1. Exemptions are for the items noted in Table 388-6.1 only and shall not relieve the landowner from other applicable requirements of this chapter. Exemption shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, and welfare, property, and water quality.
[Amended 7-20-2015 by Ord. No. 425-15; 10-17-2022 by Ord. No. 452-22]
|
Table 388-6.1
Thresholds for Regulated Activities that are Exempt from
the Provisions of this Chapter as Listed Below
(see notes below)
[Amended 12-15-2014 by Ord. No. 424-14; 10-17-2022 by Ord. No. 452-22] | |||
|---|---|---|---|
|
Article/Section
|
Activities Listed in Subsection C
|
< 500 sq. ft. of Regulated Impervious Surfaces and <
5,000 sq. ft. of Proposed Earth Disturbance
|
> 500 sq. ft. of Proposed Impervious
Surfaces or > 5,000 sq. ft. of Regulated Earth
Disturbance
|
|
Article I
|
Not exempt
|
Not exempt
|
Not exempt
|
|
Article II
|
Not exempt
|
Not exempt
|
Not exempt
|
|
Not exempt
|
Not exempt
|
Not exempt
| |
|
Exempt
|
Exempt
|
Not exempt
| |
|
Article IV
|
Exempt
|
Exempt
|
Not exempt
|
|
Article V
|
Exempt
|
Exempt
|
Not exempt
|
|
Article VI
|
Exempt
|
Exempt
|
Not exempt
|
|
Article VII
|
Exempt
|
Exempt
|
Not exempt
|
|
Article VIII
|
Not exempt
|
Not exempt
|
Not exempt
|
|
Article IX
|
Not exempt
|
Not exempt
|
Not exempt
|
|
Other erosion, sediment and pollution control requirements
|
Must comply with Title 25, Chapter 102, of the Pennsylvania
Code and other applicable state and Township codes, including the
Clean Streams Law[1]
| ||
|
NOTES:
| |
|---|---|
|
•
|
Specific activities listed in Subsection C are exempt from the indicated requirements, regardless of size.
|
|
•
|
A proposed regulated activity must be less than BOTH the regulated
impervious surfaces and proposed earth disturbance thresholds to be
eligible for exemption from the requirements listed in this table.
|
|
•
|
"Regulated impervious surface" — As defined
in this chapter.
|
|
•
|
"Exempt" — Regulated activities are exempt from the requirements
of listed section(s) only; all other provisions of this chapter apply.
These exemptions have no bearing on other municipal regulations or
ordinances.
|
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
C.
Exemptions for specific activities. The following specific regulated activities are exempt from the requirements of §§ 388-13, 388-16, 388-17, 388-18, 388-19, 388-20, 388-21 and 388-22 and Article IV, Article V, Article VI and Article VII of this chapter (as shown in Table 388-6.1), unless otherwise noted below. All other conveyance and system design standards established by the Township in other codes or ordinances shall be required, and all other provisions of this chapter shall apply.
[Amended 12-15-2014 by Ord. No. 424-14]
(1)
Emergency exemption. Emergency maintenance work performed for the
protection of public health, safety and welfare. This exemption is
limited to repair of the existing stormwater management facility;
upgrades, additions or other improvements are not exempt. A written
description of the scope and extent of any emergency work performed
shall be submitted to the Township within two calendar days of the
commencement of the activity. A detailed plan shall be submitted no
later than 30 days following commencement of the activity. If the
Township finds that the work is not an emergency, then the work shall
cease immediately, and the requirements of this chapter shall be addressed
as applicable.
[Amended 10-17-2022 by Ord. No. 452-22]
(2)
Maintenance. Any maintenance to an existing stormwater management
facility, BMP or conveyance made in accordance with plans and specifications
approved by the Township Engineer or Township.
[Amended 10-17-2022 by Ord. No. 452-22]
(3)
Existing landscaping. Use of land for maintenance, replacement or
enhancement of existing landscaping.
(4)
Gardening. Use of land for gardening for home consumption.
(4.1)
High tunnel, if:
[Amended 10-17-2022 by Ord. No. 452-22]
(a)
The high tunnel or its flooring does not result in an impervious
surface exceeding 25% of all structures located on the landowner's
total contiguous land area; and
(b)
The high tunnel meets one of the following:
[1]
The high tunnel is located at least 100 feet from any perennial stream
or watercourse, public road, or neighboring property line.
[2]
The high tunnel is located at least 25 feet from any perennial stream
or watercourse, public road or neighboring property line and located
on land with a slope not greater than 7%.
[3]
Does not directly drain into a stream or other watercourse by managing
stormwater runoff in a manner consistent with the requirements of
Pennsylvania Act 167.
(5)
Forest management. Forest management operations, which are consistent with a sound forest management plan as filed with the Township and which comply with the Pennsylvania Department of Environmental Protection's management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" (as amended or replaced by subsequent guidance). Such operations are required to have an erosion and sedimentation control plan which meets the requirements of 25 Pa. Code Chapter 102 and meets the erosion and sediment control standards of § 388-15 of this chapter.
(6)
Maintenance of existing gravel and paved surfaces. Replacement of existing gravel and paved surfaces shall meet the erosion and sediment control requirements of 25 Pa. Code Chapter 102 and § 388-15 of this chapter and is exempt from all other requirements of this chapter listed in Subsection C above. Resurfacing of existing gravel and paved surfaces is exempt from the requirements of this chapter listed above. Paving of existing gravel surfaces is exempt from the requirements of this chapter listed above. Construction of new or additional impervious surfaces shall comply with all requirements of this chapter as indicated in Table 388-6.1.
[Amended 10-17-2022 by Ord. No. 452-22]
(7)
Township roadway shoulder improvements. Shoulder improvements conducted
within the existing roadway cross section of Township-owned roadways,
unless an NPDES permit is required, in which case the proposed work
must comply with all requirements of this chapter.
(8)
In-place replacement of residential dwelling unit. The replacement
in the exact footprint of an existing one- or two-family dwelling
unit.
(9)
In-place replacement, repair, or maintenance of residential impervious
surfaces. The replacement of existing residential patios, decks, driveways,
pools, garages, and/or sidewalks that are accessory to an existing
one- or two- family dwelling unit in the exact footprint of the existing
impervious surface.
D.
Modified requirements for small projects. Regulated activities that
involve 500 to less than 1,000 square feet of regulated impervious
surfaces and less than 5,000 square feet of proposed earth disturbance
may apply the modified requirements presented in Appendix A, "Simplified
Approach to Stormwater Management for Small Projects" (simplified
approach),[2] to comply with the requirements of §§ 388-16, 388-17, 388-18, 388-19, 388-20, 388-21 and 388-22 and Article IV, Article V, Article VI and Article VII of this chapter (as shown in Table 388-6.2). The applicant shall first contact the Township Engineer to confirm that the proposed project is eligible for use of the simplified approach and is not otherwise exempt from these chapter provisions; to determine what components of the proposed project are to be considered as impervious surfaces; and to determine if other known site or local conditions exist that may preclude the use of any techniques included in the simplified approach. Appendix A includes instructions and procedures for preparation, submittal, review and approval of documents required when using the simplified approach and shall be adhered to by the applicant. Infiltration testing for projects using the simplified approach is recommended but is not required by this chapter. All other provisions of this chapter shall apply.
[Amended 12-15-2014 by Ord. No. 424-14; 10-17-2022 by Ord. No. 452-22]
|
Table 388-6.2
Thresholds for Regulated Activities that are Eligible
for Modified Requirements for the Provisions of this Chapter that
are Listed Below
| |
|---|---|
|
Article/Section
| |
|
Article I
|
All provisions apply
|
|
Article II
|
All provisions apply
|
|
All provisions apply
| |
|
Article IV
| |
|
Article V
| |
|
Article VI
| |
|
Article VII
| |
|
Article VIII
|
All provisions apply
|
|
Article IX
|
All provisions apply
|
|
Other erosion, sediment and pollution control requirements
|
Must comply with Title 25, Chapter 102, of the Pennsylvania
Code and other applicable state and Township codes, including the
Clean Streams Law[3]
|
|
NOTES:
| |
|---|---|
|
•
|
"Modified requirements" — Regulated activities listed within the subsections of this chapter noted in Table 388-6.2 are eligible for exemption only from the indicated sections and subsections of this chapter and only if the modified requirements of § 388-6D and E are met to the satisfaction of the Township; all other provisions of this chapter apply.
|
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
E.
Modified requirements for agricultural structures. It is the declared policy of the commonwealth to conserve and protect and to encourage the development and improvement of its agricultural lands for the production of food and other agricultural products. Municipalities must encourage the continuity, development and viability of agricultural operations within its jurisdiction. Except as necessary to protect the public health, safety and welfare, regulated activities involving proposed new or expanded impervious surfaces associated with agricultural activities are exempt from the requirements of §§ 388-13, 388-16, 388-17, 388-18, 388-19, 388-20, 388-21 and 388-22 and Article IV, Article V, Article VI and Article VII of this chapter (and listed in Table 388-6.2) only when it has been demonstrated to the satisfaction of the Township that the proposed project will comply with all of the requirements listed below. All other provisions of this chapter shall apply. To be eligible for exemption from the chapter provisions stated above, the proposed regulated activity shall:
[Amended 12-15-2014 by Ord. No. 424-14]
(2)
Include less than 15,000 square feet of proposed new or expanded
impervious surface and adjoining vehicle parking and movement area;
[Amended 10-17-2022 by Ord. No. 452-22]
(3)
Be installed on a farm or mushroom operation that has a current mushroom farm environmental management plan (MFEMP) reviewed and deemed adequate by the Conservation District, or an agricultural erosion and sediment control plan or conservation plan (as defined in Article II) that complies with the requirements of 25 Pa. Code Chapter 102;
(4)
Divert runoff from the proposed new or expanded impervious surfaces
(including vehicle parking and movement area) entirely away from animal
management, waste management and crop farming areas and any other
source of pollutants;
(5)
Include BMP(s) that will permanently retain at least one inch of
rainfall runoff from the total area of proposed new or expanded impervious
surfaces and vehicle parking and movement areas;
(6)
Be designed so that any point of discharge of runoff from the proposed
new or expanded impervious surface (excluding vehicle movement area):
(a)
Is not directly connected to, and is not directly connected
to any constructed conveyance that is connected to, a municipal separate
storm sewer system or public roadway;
(b)
Is located at least 150 feet from any municipal separate storm
sewer system or public roadway, or any constructed conveyance connected
to any municipal separate storm sewer system or public roadway;
(7)
Either:
(a)
Have all proposed new or expanded impervious surfaces and proposed
vehicle parking and movement areas and BMP(s) included within the
current MFEMP or current agricultural erosion and sediment control
plan or a conservation plan for the farm or mushroom operation; or
(b)
Be constructed per design plans prepared and sealed by a licensed
professional in conformance with the PADEP "Best Practices for Environmental
Protection in the Mushroom Farm Community" (2003 or as amended), or
per design plans prepared and sealed by a licensed professional (or
Conservation District staff person designated by NRCS) that comply
with USDA NRCS standards and specifications, and for which completion
of construction will be certified by the licensed (or NRCS-designated
design) professional responsible for the design; and
(8)
Not be eligible for exemption if an NPDES permit is required.
A.
Approvals issued and actions taken pursuant to this chapter do not
relieve the applicant of the responsibility to secure and comply with
other required permits or approvals for activities regulated by any
other applicable code, rule, act, law, regulation, or ordinance.
B.
To the extent that this chapter imposes more rigorous or stringent
requirements for stormwater management than any other code, rule,
act, law, regulation or ordinance, the specific requirements contained
in this chapter shall take precedence.
C.
Nothing in this chapter shall be construed to affect any of the Township's
requirements regarding stormwater matters that do not conflict with
the provisions of this chapter, such as local stormwater management
design criteria (e.g., inlet spacing, inlet type, collection system
design and details, outlet structure design, etc.). The requirements
of this chapter shall supersede any conflicting requirements in other
municipal ordinances or regulations.
[Amended 12-15-2014 by Ord. No. 424-14]
[Amended 12-15-2014 by Ord. No. 424-14]
For all activities requiring submittal of a stormwater management
(SWM) site plan that involve subdivision or land development, the
applicant shall post financial security to the Township for the timely
installation and proper construction of all stormwater management
facilities as required by the approved SWM site plan and this chapter,
and such financial security shall:
A.
Be equal to or greater than the full construction cost of the required
facilities, except to the extent that financial security for the cost
of any of such improvements is required to be and is posted with the
Pennsylvania Department of Transportation in connection with a highway
occupancy permit application; and
[Amended 12-15-2014 by Ord. No. 424-14]
A.
General. The requirements of this chapter are essential and shall be strictly adhered to. For any regulated activity where, after a close evaluation of alternative site designs, it proves to be impracticable to meet any one or more of the mandatory minimum standards of this chapter on the site, the Township may approve measures other than those in this chapter, subject to Subsections B and C.
B.
The Township Board of Supervisors shall have the authority to waive
or modify the requirements of one or more provisions of this chapter
if the literal enforcement will exact 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. Cost or financial
burden shall not be considered a hardship. Modification may also be
considered if an alternative standard or approach can be demonstrated
to provide equal or better achievement of the results intended by
this chapter. A request for modification shall be in writing and accompany
the SWM site plan submission. The request shall state in full the
grounds and facts on which the request is based, the provision or
provisions of this chapter involved and the minimum modification necessary.
C.
PADEP approval required. No waiver or modification of any regulated
stormwater activity involving earth disturbance greater than or equal
to one acre may be granted by the Township unless that action is approved
in advance by PADEP or the Chester County Conservation District.
[Amended 10-17-2022 by Ord. No. 452-22]
A.
Any person required to submit a SWM site plan or simplified SWM site
plan to the Township for review and approval shall obtain a drainage
permit, in writing, from the Township.
[Amended 12-15-2014 by Ord. No. 424-14]
B.
To obtain a drainage permit, the applicant shall submit an application
for drainage permit to the Township. The form and content of the application
for drainage permit shall be established, from time to time, by the
Township.
[Amended 12-15-2014 by Ord. No. 424-14]
C.
Fees for the application for drainage permit shall be paid in accordance
with a fee schedule adopted by resolution of the Township Board of
Supervisors from time to time. The fee schedule may be revised, as
necessary, by resolution of the Township Board of Supervisors.
[Amended 12-15-2014 by Ord. No. 424-14]
D.
For projects including regulated activities that require land development approval in accordance with Chapter 400, Subdivision and Land Development, of this Code, the application for drainage permit shall be submitted for each individual lot at the time of building permit application for that lot. Submission of the fully completed and executed application for drainage permit shall be accompanied by the following:
(1)
Application fee.
(2)
One set and digital (PDF) copy of the SWM site plan (only if any
deviation is proposed from the approved SWM site plan included with
the approved SALDO application).
[Amended 10-17-2022 by Ord. No. 452-22]
(3)
Executed stormwater best management practices (BMPs) and conveyances
operations and maintenance agreement.
(4)
Executed professional services agreement, which is available from
the Township.
[Amended 12-15-2014 by Ord. No. 424-14]
E.
For projects including regulated activities that do not require land
development approval in accordance with the SALDO, submission of the
fully completed and executed application for drainage permit shall
be accompanied by the following:
(1)
Application fee.
(2)
Three sets, minimum of the SWM site plan or simplified SWM site plan.
(3)
Executed stormwater best management practices (BMPs) and conveyances
operations and maintenance agreement.
(4)
Executed professional services agreement, which is available from
the Township.
[Amended 12-15-2014 by Ord. No. 424-14]
F.
Each resubmission shall include a minimum of three sets of the SWM
site plan or simplified SWM site plan, as applicable, along with a
letter explaining the revisions made since the previous submission.
G.
Any permit or authorization issued or approved based on false, misleading
or erroneous information provided by an applicant is void without
the necessity of any proceedings for revocation. Any work undertaken
pursuant to such permit or other authorization is unlawful. No action
may be taken by a board, agency, or employee of the Township purporting
to validate such a violation.
[Amended 10-17-2022 by Ord. No. 452-22]
H.
Permits shall be granted or denied, in whole or in part, within 30
days from the date the application is filed with the Township. The
Township and the applicant may agree in writing to extend the deadline
to issue a decision by a specific number of days.
[Added 1-15-2018 by Ord.
No. 433-18]
