Any regulated activity that meets one of the following exemption
criteria is exempt from the provisions of this chapter. These criteria
shall apply to the total development even if development is to take
place in phases. The date of the adoption of this chapter shall be
the starting point from which to consider tracts as "parent tracts"
in which respective impervious area computations shall be cumulatively
considered. Exemption shall not relieve the applicant from implementing
such measures as are necessary to protect health, safety, and property.
A. Regulated activities that create additional impervious areas less than or equal to 1,000 square feet are exempt from the requirements of this chapter, except as provided for in §
229-33F, provided that the activities meet the following criteria. This exemption will be applied on a cumulative basis for the subject property as measured from April 14, 2014.
(1) Any applicant desiring exemption from design, plan submission, and
plan processing requirements shall complete an application for exemption
in the form provided by the Township and pay any applicable filing
fee.
(2) The applicant for exemption shall provide the Township with all information
necessary for the Township to determine that:
(a)
There shall be no disturbance of land within floodplains, wetlands,
environmentally sensitive areas, riparian forest buffers, or slopes
greater than 15%.
(b)
No impervious surface coverage shall be installed and no earth
disturbance activity shall be conducted within any existing drainage
or stormwater easement created by or shown on any recorded plan.
(c)
The applicant shall minimize soil disturbance, take steps to
minimize erosion and sedimentation during construction activity, and
promptly reclaim all disturbed areas with topsoil and vegetation.
(d)
The applicant shall take steps to ensure that runoff is directed
to pervious areas on the subject property. No runoff shall be directed
onto an abutting street or neighboring property.
(e)
The proposed impervious surface shall not adversely impact any
existing known problem areas or downstream landowners or the quality
of runoff entering any storm sewer.
(f)
The proposed impervious surface and/or grading shall not create
accelerated erosion and sedimentation.
(3) If the proposed activity does not meet all of the criteria set forth in §
229-33A(2) above, the applicant may consider the minor land disturbance processing procedure in §
229-35.
(4) No applicant and no activity is exempt from complying with any state
or federal requirements applicable if the subject property is located
in a high-quality (HQ) or exceptional-value (EV) watershed.
(5) No applicant and no activity shall violate or cause to be violated:
the Federal Clean Water Act 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.
B. Activities on lands which have a prior approved stormwater management
plan, which was approved prior to the adoption of this chapter and
which, in the opinion of the Township following consultation with
the Township Engineer, adequately manages stormwater resulting from
the proposed activities, are exempt from the requirements of this
chapter that may conflict with the requirements of the Stormwater
Management Ordinance in effect at the time of the approval of the
prior approved stormwater management plan.
C. Use of the land for gardening and landscaping of property, when performed
as an accessory use of the property, is exempt from the requirements
of this chapter.
D. Except as provided for in §
229-33F, agricultural activity is exempt when operated in accordance with a conservation plan or an erosion and sedimentation pollution control plan found to be adequate by the Lancaster County Conservation District and performed according to the requirements of 25 Pa. Code Chapter 102. The agricultural activities such as growing crops, rotating crops, tilling of soil and grazing animals and other such activities are specifically exempt from the requirements of this chapter.
E. Except as provided for in §
229-33F, forest management and timber operations, when they are following the Department of Environmental Protections' management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" and are operating under an erosion and sedimentation control plan according to the requirements of 25 Pa. Code Chapter 102, are specifically exempt from the requirements of this chapter.
F. 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.
The following general standards shall be applied to all regulated activities to promote flow attenuation, erosion and sediment control and flood control, unless the otherwise-regulated activity is specifically exempted in §
229-33:
A. The stormwater management site plan shall include a note on the plan
informing the owner that the Township shall have the right of entry
for the purposes of inspecting all stormwater conveyance, treatment,
or storage facilities.
B. All landowners of land included in the stormwater management site
plan shall be required to execute all applications and final documents.
C. All stormwater management site plans shall be prepared by a qualified
person.
D. A set of stormwater management site plans approved by the Township
shall be on file at the development site throughout the duration of
the regulated activity. Periodic inspections may be made by the Township
or designee during construction.
E. Stormwater management site plans shall be prepared in a form that
meets the requirements for recording with the office of the Recorder
of Deeds of Lancaster County.
F. For all regulated earth disturbance activities, erosion and sediment
control BMPs shall be designed, implemented, operated, and maintained
during the regulated earth disturbance activities (e.g., during construction)
to meet the purposes and requirements of this chapter and to meet
all requirements under Title 25 of the Pennsylvania Code, the Clean
Streams Law, and the Storm Water Management Act.
G. Impervious areas:
(1) The measurement of impervious area shall apply to the total proposed
development even if development is to take place in stages or phases.
(2) For development taking place in stages or phases, the entire development
plan must be used in determining conformance with this chapter.
(3) Any areas designed to initially be gravel or crushed stone shall
be assumed to be impervious.
(4) Existing impervious areas that are not being altered by the proposed regulated activity shall not be subject to the volume controls in §
229-48 and the peak rate controls of §
229-43S.
H. All regulated activities shall include such measures as necessary
to:
(1) Protect health, safety, and property.
(2) Meet the water quality goals of this chapter by implementing measures
to:
(a)
Minimize disturbance to floodplains, wetlands, natural slopes,
existing native vegetation and woodlands.
(b)
Create, maintain, or extend riparian buffers and protect existing
forested buffers.
(c)
Provide trees and woodlands adjacent to impervious areas whenever
feasible.
(d)
Minimize the creation of impervious surfaces and the degradation
of waters of the commonwealth and promote groundwater recharge.
(e)
Protect natural systems and processes (drainageways, vegetation,
soils, and sensitive areas) and maintain, as much as possible, the
natural hydrologic regime.
(f)
Incorporate natural site elements (wetlands, stream corridors,
mature forests) as design elements.
(g)
Avoid erosive flow conditions in natural flow pathways.
(h)
Minimize soil disturbance and soil compaction.
(i)
Minimize thermal impacts to waters of the commonwealth.
(j)
Disconnect impervious surfaces by directing runoff to pervious
areas wherever possible and decentralize and manage stormwater at
its source.
(3) To the maximum extent practicable, the techniques for low-impact
development (LID) practices described in the BMP Manual and Appendix
A shall be incorporated. The proposed LID practices shall
be noted on the stormwater management site plan.
I. The design of all stormwater management facilities over karst shall
include an evaluation of measures to minimize adverse effects.
J. Infiltration BMPs, to the extent practicable, shall be spread out,
made as shallow as practicable when located above grade, and located
to maximize use of natural on-site infiltration features while still
meeting the other requirements of this chapter.
K. Normally dry, open-top, storage facilities shall completely drain
the volume control storage over a period of time not less than 24
hours and not more than 72 hours from the end of the design storm.
However, any infiltration at such facilities is exempt from the minimum
twenty-four-hour standard, i.e., may infiltrate in a shorter period
of time, provided that none of this water will be discharged into
waters of this commonwealth.
L. Normally dry, open-top, storage facilities shall completely drain
the rate control storage over a period of time less than or equal
to 24 hours from the peak one-hundred-year water surface design elevation.
M. The design storm volumes and precipitation intensities to be used in the analysis of peak rates of discharge shall be as required in §
229-45.
N. The applicant shall refer to the BMP Manual for various BMPs and
their design standards.
O. For any activities that are regulated under PADEP Chapter
105 or PADEP Chapter 106 or require any other permit under applicable state or federal regulations, the permit(s) shall be part of the stormwater management site plan and must be obtained prior to final plan approval.
The stormwater management site plan shall consist of all applicable
calculations, maps and plans, including simultaneous copies of all
plans, reports, and correspondence with the Lancaster County Conservation
District. A note on the maps shall refer to the associated computations
and erosion and sediment pollution control plan by title and date.
The cover sheet of the computations and erosion and sediment pollution
control plan shall refer to the associated maps by title and date.
All stormwater management site plan materials shall be submitted to
the Township in a format that is clear, concise, legible, neat and
well organized.
A. Drafting standards. All stormwater management site plans shall be
prepared in accordance with the following drafting standards:
(1) The plan shall be clearly and legibly drawn at a horizontal scale
of 10 feet, 20 feet, 30 feet, 40 feet, or 50 feet to the inch.
(2) All profiles of stormwater management facilities, streets, sanitary
sewer facilities, and water supply facilities shall be drawn at a
horizontal scale of 1" = 50' and at a vertical scale of 1" = 10' or
1" = 5'.
(3) A North arrow, graphic scale and written scale shall be provided.
(4) Dimensions shall be in feet and decimals. Bearings shall be in degrees,
minutes and seconds. Lot line descriptions shall read in a clockwise
direction.
(5) The survey shall not have an error of closure greater than one foot
in 10,000 feet.
(6) The sheet size shall be no smaller than 18 x 22 inches and no larger
than 24 x 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 the same size and numbered to show the relationship to the total
number of sheets in the plan (e.g., Sheet 1 of 5).
B. Project location and identification. The following location and identification
shall be included on all subdivision and land development plans:
(1) The proposed project name or identifying title.
(2) The name of the Township or municipalities in which the project is
located, including the location of any municipal boundaries if located
within 200 feet of the subject tract.
(3) The name and address of the owner of the tract (or his authorized
agent), the applicant, and the firm that prepared the plans.
(4) The file or project number assigned by the firm that prepared the
plan, the plan date and the date(s) of all plan revisions.
(5) The entire existing tract boundary, with bearing and distances. If
the lot area is in excess of 10 acres, the boundary of that lot may
be identified as a deed-plotting and may be drawn at any legible scale.
(6) The total acreage of the entire existing tract.
(7) The location of existing lot line markers along the perimeter of
the entire existing tract.
(8) The zoning district, lot size, and/or density requirements of the
Township Zoning Ordinance.
(9) A statement on the plan indicating the grant of a prior zoning amendment,
special exception or variance, if applicable, along with any prior
modifications granted by the Supervisors to sections of this chapter.
(10)
The names of all adjacent landowners, both adjoining and across
existing rights-of-way, along with the plan book record numbers of
all previously recorded plans for adjacent properties.
(11)
A location map, drawn to scale, relating the subdivision or
land development to at least two intersections of street center lines,
including the approximate distance to the intersection of center lines
of the nearest improved street intersection.
(12)
Source of title, deed, book, page, plan book (if applicable),
and Tax Map, block, and parcel number.
(13)
A note indicating existing and proposed land use(s).
C. Existing features. The following features shall be shown on all stormwater
management site plans and shall be shown on a separate sheet titled
"Existing Features." No proposed features shall be included on this
sheet.
(1) Existing contours shall be shown at the following minimum vertical
intervals:
|
Average Natural Slope
|
Required Contour Interval
|
---|
|
0 to 3%
|
1-foot contour interval
|
|
4 to 20%
|
2-foot contour interval
|
|
21% and greater
|
5-foot contour interval
|
(a)
The contour interval may be adjusted based upon horizontal scale
with concurrence of the Township Engineer.
(b)
Contours shall be accompanied by the location of the benchmark
and a notation indicating the datum used. The datum used by an authority
shall be used in all plans indicating connection to an authority's
public sewer system or public water system.
(c)
Contours plotted by interpolation of Lancaster County GIS mapping
or LiDAR will only be accepted when there is no new construction or
earth disturbance proposed by the plan.
(d)
Contours plotted by interpolation of the United States Geodetic
Survey 7.5-foot mapping will not be accepted.
(2) The following items when located upon or within 200 feet of the tract:
(a)
The location and name of existing rights-of-way and cartways
for private or public streets, alleys and driveways.
(b)
The location and size of the following features and any related
right-of-way: sanitary sewer mains, water supply mains, fire hydrants,
buildings, and stormwater collection, conveyance and management facilities.
(c)
The location and size of existing on-lot sewage systems and
wells.
(d)
The location of existing rights-of-way and easements for electric,
gas and oil transmission lines, and railroads.
(e)
Significant environmental or topographic features such as floodplains,
wetlands, quarry sites, solid waste disposal areas, historic structures,
cemetery or burial sites, archaeological sites, highly erosive soils,
or wooded areas.
(f)
The soil names and boundaries.
(3) The following items when located within the subject tract:
(a)
The size, capacity and condition of the existing stormwater
management system and any other facility that may be used to convey
storm flows.
(b)
The location and size of existing on-lot sewage systems and
wells.
(c)
The location and use of existing buildings and other man-made
features.
(d)
Significant environmental or topographic features as identified
in the Lancaster Township Comprehensive Plan, including, but not limited
to:
[1]
Prime agricultural soils;
[2]
Underlying geology with any hazardous geology noted;
[5]
Solid waste disposal areas;
[7]
Cemetery or burial sites;
(e)
The location of wetlands and supporting data.
D. Proposed features and plan information. The following proposed features
and plan information shall be shown on all stormwater management site
plans and shall be shown on a separate sheet entitled "Proposed Features."
The proposed features and plan information shall be overlaid upon
a copy of the existing features plan. The existing features shall
be "screened" or "shaded" on the proposed features plan.
(1) The location and configuration of proposed buildings, parking compounds,
driveways, and all other significant planned facilities.
(2) The total number of lots, units of occupancy, density, and proposed
land use. If a multiple land use is proposed, the location of each
land use shall be indicated.
(3) Easements and rights-of-way, including:
(a)
A minimum twenty-foot-wide access easement around all stormwater
management facilities that would provide ingress from and egress to
a public right-of-way. Easements shall be provided to allow for the
collection and discharge of water, the inspection, maintenance, repair
and reconstruction of the drainage facilities, and the passage of
machinery for work.
(b)
Provisions for permanent access or maintenance easements for
all existing and proposed physical stormwater management facilities,
such as ponds and infiltration structures, as necessary to implement
the operation and maintenance (O&M) plan. All such agreements
shall be duly recorded in the office of the Recorder Deeds and shall
constitute a binding permanent covenant upon the property, superior
to all liens of record and not subordinate to any easement or restriction
that would interfere with its provisions and the implementation thereof.
(4) Building setback line and building envelope.
(5) Identification of buildings to be demolished and all other features
to be removed.
(6) Stormwater management data and plans designed in accordance with
this chapter. This information may be provided on a sheet with other
data or on separate sheets and need not necessarily be recorded with
the final plan. In the case of any dispute in the methodology used
in the design of any stormwater management site plan and/or in the
presentation of such information, the Supervisors shall make the final
determination on the design criteria, methodology and form of presentation.
The following information shall be included:
(a)
All calculations, assumptions, criteria, and references used
in the design of the stormwater management facilities, the establishment
of existing facilities' capacities, and the pre- and post-development
discharges.
(b)
All plans and profiles of the proposed stormwater management
facilities, including the horizontal and vertical location, size,
and type of material.
(c)
For all basins, a plotting or tabulation of the storage volumes
and discharge curves with corresponding water surface elevations,
inflow hydrographs, and outflow hydrographs.
(d)
The guidelines for lot grading within the subdivisions. This
information shall identify the direction of stormwater runoff flow
within each lot and the areas where stormwater runoff flows will be
concentrated. This information shall be shown by flow arrows or topographical
data.
(7) A statement identifying the number of square feet of impervious coverage
for which stormwater management facilities have been designed for
each lot.
(8) A statement on the plan indicating the granting of a zoning amendment,
special exception or variance, if applicable, along with modifications
granted by the Supervisors to sections of the Subdivision and Land
Development Ordinance or this chapter.
(9) Where the proposed regulated activity is located partially or wholly
within an area prone to frequent flooding (either by impoundment or
conveyance), as indicated by the Flood Boundary and Floodway Map,
profiles, and supporting data, soil type or local historical record,
the applicant shall supply the location and elevation of all proposed
roads, fills, utilities, buildings, stormwater management, and erosion
control facilities.
(10)
Location of all percolation test holes, deep probe holes and
proposed well locations.
(11)
Easements for the on-lot sewage replacement locations.
(12)
The location of all trees and/or woodlands on the site and location
of trees and/or woodland to be removed and trees and/or woodlands
to remain.
(13)
A detailed grading plan. The grading plan shall include finished
grades and ground-floor elevations. This information may be provided
on separate sheets and is not subject to recording with the final
plans.
(14)
The location of all erosion and sedimentation control facilities.
(15)
Identification of any lands to be dedicated or reserved for
public, semipublic or community use.
(16)
In the case of a plan which requires access to a highway under
the jurisdiction of the Department of Transportation, the inclusion
of the following plan note:
"A highway occupancy permit is required pursuant to Section
420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the
"State Highway Law," before access to a state highway is permitted.
Access to the state highway shall be as authorized by a highway occupancy
permit, and the Supervisors' approval of this plan in no way implies
that such a permit can be acquired."
(17)
A complete landscape plan showing the location, size and type
of all plant material required by provisions of this chapter or any
other applicable Township regulations, including, but not limited
to, all vegetated stormwater BMPs. The landscape plan should be provided
on separate sheets and must include the signature and seal of the
registered landscape architect responsible for preparation of the
plan. Native or naturalized/noninvasive vegetation suitable to the
soil and hydrologic conditions of the development site shall be used
unless otherwise specified in the BMP Manual. The limit of existing,
native vegetation to remain shall be delineated on the plan along
with proposed construction protection measures.
(18)
A detailed schedule of inspections during construction, as generally
outlined as follows, which is tailored for the site under consideration.
(a)
The Township shall inspect all phases of the installation of
any temporary or permanent stormwater management facilities during
construction. The applicant shall pay the cost of any such inspection.
The applicant shall provide at least 24 hours' notice prior to the
start of construction of any improvements that are subject to inspection.
All inspections of completed items shall be requested, in writing,
at least 48 hours in advance of the inspection time and date.
(b)
It is generally required that the following phases of site construction
have mandatory inspection. This general list of phases may be amended
by mutual agreement of the Township and applicant when the site requires
special construction procedures. The inspection schedule must be shown
on the approved stormwater management site plan.
[1]
Upon completion of preliminary site preparation, including stripping
of vegetation, stockpiling of topsoil and construction of temporary
erosion and sedimentation control devices.
[2]
Upon completion of rough grading, but prior to placing topsoil,
permanent drainage, or other site development improvements and ground
covers.
[3]
During the construction of permanent stormwater management and
BMP facilities.
[4]
Upon the final completion of permanent stormwater management
and BMP facilities, including the establishment of ground covers and
plantings.
[5]
After review of the as-built drawings, required by §
229-61, but prior to final release of the financial security for completion of final grading, vegetative controls required by the BMP standards, or other site restoration work.
(c)
In addition to the above-outlined observations, additional observations
will be made at the request of the applicant for reduction of financial
securities. Random observations should be made at the frequency desired
by the Township. At the time of any of the above-listed observations,
all ongoing construction (i.e., storm drainage, sanitary sewer, water,
erosion control, etc.) should also be checked for compliance with
the approved plans and the findings reported. Since the above inspections
are mandatory, it is recommended that requests for reduction of financial
security be submitted to coincide with the above inspections.
(19)
A note indicating that as-built plans will be provided for all
stormwater management facilities prior to occupancy or the release
of financial security.
The applicant shall provide the following notifications as part
of the application:
A. Notice from the Lancaster County Conservation District of the approval
of the erosion and sediment pollution control plan.
B. Written notice from the Township that all proposed improvements have
been designed to the standards of the Township and that financial
security and a completed improvement guarantee agreement in a form
suitable to the Supervisors has been received.
C. Such written notices of approval as may be required by this chapter,
including, but not limited to, stormwater runoff to adjacent properties.
D. Notification from the appropriate state and federal agencies that
permits have been issued, or are not required, for any proposed activities
within streams, wetlands or any other state or federally regulated
body of water. These permits include, but are not limited to, floodplain
encroachment permits, dam safety permits, earth disturbance permits,
stream encroachment permits, and general permits.
E. Public utility lines.
(1) Where the tract described in the application includes any public
utility, electric transmission line, gas pipeline, or petroleum product
transmission line located within the tract, the applicant shall notify,
in writing, the owner or lessee of the right-of-way of his intentions.
(2) A note stating any conditions regarding the use of the land, minimum
building setback or right-of-way lines shall be included on the plan.
(3) This requirement may also be satisfied by submitting a copy of the
recorded agreement.
F. Natural resource easement.
(1) Where the land included in the subject application has an agricultural,
woodland or other natural resource easement located within the tract,
the application shall be accompanied by a letter from the party holding
the easement stating any conditions on the use of the land.
(2) This requirement may also be satisfied by submitting a copy of the
recorded easement.
The applicant shall provide the following certifications as
part of the application:
A. A certificate for approval by the Township's authorized staff representative.
See form of certificate in Appendix D.
B. A statement, signed by the landowner, acknowledging that the stormwater
BMPs are fixtures that cannot be altered or removed without prior
approval by the Township. See form of certificate in Appendix E.
C. A statement, signed by the landowner, referencing the operation and
maintenance (O&M) agreement and stating that the operation and
maintenance agreement is part of the stormwater management site plan.
D. The following signature block for the qualified professional preparing
the stormwater management site plan: "I ____________________, hereby
certify that the stormwater management site plan meets all design
standards and criteria of the Lancaster Township Stormwater Management
Ordinance."