A.
The following regulated activities are specifically exempt from the SWM site plan preparation and submission requirements articulated in § 190-31A and Articles IV and V of this chapter:
(1)
An applicant proposing the cumulative installation of 1,000 square feet or less of Impervious Surface cover may be exempt from the design, plan submittal, and processing requirements of Articles IV and V of this chapter if the proposal meets the criteria in § 190-41A(1). No person or activity is exempted from compliance with § 190-74 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. Exemption shall not relieve an applicant from complying with the lot coverage amounts per lot as regulated by the Zoning Ordinance, as amended.[1]
(a)
Any applicant desiring exemption from design, plan submission,
and plan processing requirements shall complete an application for
exemption in the form set forth in Appendix A-1[2] and pay any applicable filing fee.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(b)
The applicant for exemption under § 190-41A(1) shall provide the Township with all information necessary for the Township to determine that:
[1]
There shall be no disturbance of land within floodplains, wetlands,
environmentally sensitive areas, riparian forest buffers, or slopes
greater than 15%.
[2]
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.
[3]
The applicant shall minimize soil disturbance, take steps to
minimize erosion and sedimentation during construction activity, and
promptly reclaim all disturbed areas within topsoil and vegetation.
[4]
The applicant shall take steps that runoff be directed to previous
areas on the subject property. No runoff shall be directed onto an
abutting street or neighboring property.
[5]
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.
[6]
The proposed impervious surface shall not create accelerated
erosion and sedimentation.
(c)
If the proposed activity does not meet all of the criteria set forth in § 190-41A(1)(b) above, the applicant shall follow the small project processing procedure in § 190-42.
(d)
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.
(e)
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.
(2)
Agricultural activity (see definitions) provided the activities are
performed according to the requirements of Chapter 102.
(3)
Forest management and timber operations (see definitions) provided
the activities are performed according to the requirements of Chapter
102.
(4)
Conservation practices being installed as part of the implementation
of a conservation plan written by an NRCS certified planner.
(5)
Maintenance of utility line (linear).
B.
The stormwater exemption application (refer to Appendix A-1)[3] shall be completed and submitted to the Township. Upon
receipt of a written approval from West Donegal Township the applicant
may proceed with the proposed improvements.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
C.
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.
D.
A person seeking to erect a high tunnel shall in all cases be required
to file an application under this chapter. A person seeking exemption
from this chapter on the basis that the high tunnel is exempted pursuant
to the Storm Water Management Act,[4] as amended by Act 15 of 2018, shall provide all information
necessary to demonstrate that the high tunnel meets the definition
set forth herein and that the proposed high tunnel meets all of the
following requirements:
[Added 2-11-2019 by Ord.
No. 234-2019]
(1)
The high tunnel or its flooring does not result in an impervious
area exceeding 25% of all structures located on the owner's total
contiguous land area; and
(2)
The high tunnel meets one of the following:
(a)
The high tunnel is located at least 100 feet from any perennial
stream or watercourse, public road or neighboring property line.
(b)
The high tunnel is located at least 35 feet from any perennial
stream or watercourse, public road or neighboring property line and
located on land with a slope not greater than 7%.
(c)
The high tunnel is supported with a buffer or diversion system
that does not directly drain into a stream or other watercourse by
managing stormwater runoff in a manner consistent with requirements
of this chapter.
(3)
Nothing in this subsection shall be construed to exempt high tunnels from other requirements applicable under federal, state or Township laws or ordinances, including, but not limited to, Chapter 240, Zoning.
(4)
Nothing in this subsection shall apply to impervious surfaces including,
but not limited to, driveways or parking and loading areas which may
be installed in connection with the high tunnel.
[4]
Editor's Note: See 32 P.S. § 680.1 et seq.
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:
A.
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 or downstream receiving
waters 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.
B.
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 or downstream receiving
waters of the parent tract is at least 500 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.
C.
An applicant for processing under this § 190-42 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%. Refer to Appendix A-2, Alternative Agricultural Process Application.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
E.
The alternative agricultural process application (refer to Appendix
A-2)[2] shall be completed and submitted to the Township. Upon
receipt of a written approval from West Donegal Township the applicant
may proceed with the proposed improvements.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
F.
The Township may deny or revoke any approval 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.
A.
Anyone proposing a small project shall submit two copies of the small
project application to West Donegal Township.
B.
A complete small project application shall include:
(1)
Small Project Application Form (Appendix A-3).[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2)
Small Project Sketch Plan (Appendix A-6)[2] including the following:
(a)
Name and address of landowner (and/or) developer.
(b)
Date of small project application submission.
(c)
Name of individual and/or firm that prepared the sketch if different
than the landowner and/or developer.
(d)
Location and square footage of proposed impervious area or land
disturbance.
(e)
Approximate footprint and location of all structures on adjacent
properties if located within 50 feet of the proposed impervious area
or land disturbance.
(f)
Approximate location of existing stormwater management facilities
if present.
(g)
Location and description of proposed stormwater management facilities.
(h)
Direction of proposed stormwater discharge (e.g., with arrows).
(i)
Scale and north arrow.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(3)
Filing fee (in accordance with the Township's current fee schedule).
C.
The small project application shall be submitted in a format that
is clear, concise, legible, neat and well organized.
D.
The small project application shall be reviewed by the Township's
staff and does not require processing through the Planning Commission
or the Board of Supervisors. Upon receipt of a written approval from
the Township the applicant may proceed with the proposed improvements.
Applicants are encouraged to schedule a preapplication meeting
to review the overall stormwater management concept with Township
staff/engineer. The preapplication meeting is not mandatory and shall
not constitute formal filing of a plan with West Donegal Township.
Topics discussed may include the following:
A.
Available geological maps, plans and other available data as provided
by the applicant.
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 Township Subdivision and Land Development and/or Zoning
Ordinance provisions.
E.
The conceptual project layout, including proposed structural and
nonstructural BMPs.
A.
When a minor stormwater management site plan is required, the applicant
shall submit the following to West Donegal Township:
B.
The minor SWM site plan shall be submitted in a format 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 Township staff 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 West Donegal Township's decision not to accept a particular application in accordance with § 190-114.
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.
F.
The minor SWM site plan shall be reviewed by the Township's Staff
and does not require processing through the Planning Commission or
Board of Supervisors. Upon receipt of a written approval (permit)
from the Township the applicant may proceed with the proposed improvements.
A.
When a major stormwater management site plan is required, the applicant
shall submit the following to West Donegal Township:
B.
One copy of the major stormwater management site plan submission
shall be forwarded to the Township Solicitor directly.
C.
The SWM site plan shall be submitted in a format that is clear, concise,
legible, neat and well organized.
D.
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.
E.
Incomplete submissions as determined by the Township Staff 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 § 190-85.
F.
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.
An application for a stormwater management permit may be submitted to the Township on any business day. In the event that a question arises as to whether a proposed activity requires a stormwater management permit, the landowner or developer shall furnish the Township with such information as the Township's Engineer may deem necessary to determine whether the proposed activity constitutes a land disturbance activity. A decision by the authorized Township representative may be appealed to the Board of Supervisors in accordance with § 190-14.
B.
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 200.
C.
When the regulated activity constitutes a small project or minor
SWM Plan, the Township shall review and take action within 30 days
of filing.
D.
Following receipt of the Township 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 major SWM site plan application for
action at a regularly scheduled public meeting.
F.
If the Township disapproves the major SWM site plan, the Township
will state the reasons for the disapproval in writing. West Donegal
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.
A.
The provisions of this chapter are intended as minimum standards
for the protection of the public health, safety, and welfare. The
Board of Supervisors may grant a modification from the literal compliance
with mandatory provisions of this chapter if the applicant can demonstrate
either:
B.
The approval of the modification or waiver shall not have the effect
of making null and void the intent and purpose of this chapter. Cost
or financial burden shall not be considered a hardship. In the approval
of a modification or waiver, the Board of Supervisors may impose such
conditions as will, in its judgment, secure substantially the objectives
of the standards and requirements of this chapter.
[Amended 9-12-2022 by Ord. No. 250-2022]
C.
All requests for modifications shall be processed in accordance with
the following:
(1)
A request for a modification shall be submitted to the Township with
the required fee for an appeal or modification. The request shall
be made in writing and identify:
(3)
The Board of Supervisors shall, following consideration of the request,
take such public action as it shall deem advisable and notify all
parties involved of the action. Such notice shall cite the findings
and reasons for the deposition of the modification.
B.
For the purposes of review deadlines, each resubmission required under § 190-47A (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
review fee.
A.
A financial security (letter of credit, escrow, or surety bond in
a form acceptable to the Township) for stormwater management 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. Financial security
for minor stormwater management plans (as defined in this chapter)
may be in the form of an agreement meeting all requirements of Appendix
F.[1] Financial security is not required for small projects
as defined in this Chapter.
[Amended 10-12-2015 by Ord. No. 219-2015]
[1]
Editor's Note: Appendix F is included as an attachment to this chapter.
B.
The applicant shall provide a financial security to West Donegal
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.
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 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. 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.
Approval of a SWM site plan shall be valid for a period of one year unless extended by the Township. Any time extensions shall not exceed four additional for a total of 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 § 190-52 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 Article IV of this chapter.
A.
At the completion of the project, and as prerequisite for the release
of the financial security, the applicant shall provide certification
of completion, signed and sealed by an engineer, landscape architect,
surveyor or other qualified person verifying that all permanent SWM
facilities have been constructed according to the plans and specifications
and approved revisions thereto. Refer to Appendix A-9.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B.
Upon receipt of the written 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.
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. As-built plans shall include all applicable
information identified on the checklist included in Appendix A-8.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
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. Recording fees will be the responsibility
of the applicant/developer.
D.
Upon completion of recording, a digital copy of the as-built plan,
the SWM site plan signed and sealed with the recording information
and calculations, waiver requests and other documents shall be submitted
to the Township along with one paper copy of the recorded plan.
