B.
Exemption from permit requirements.
(1)
The following regulated activities are specifically exempt from the stormwater management permit and SWM site plan preparation and submission requirements articulated in § 113-31A and Articles IV and V of this chapter:
(a)
Agricultural activity (See definitions in § 113-22.), provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
(b)
Forest management and timber operations (See definitions in § 113-22.), provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
(c)
Conservation practices being installed as part of the implementation
of a conservation plan written by an NRCS certified planner.
(d)
The installation of 1,000 or fewer square feet of impervious surface coverage proposed after January 6, 2014, provided that the activities meet the criteria of § 113-51B(3) and are conducted in accordance with all the requirements of this chapter.
(e)
The installation of impervious surface coverage within an area for which a prior SWM site plan has been approved that includes SWM facilities which were specifically designed to manage the proposed impervious surface coverage, provided that activities meet the criteria of § 113-51B(3) and are conducted in accordance with all the requirements of this chapter.
(f)
Domestic landscape and/or vegetable gardening.
(2)
The Township may deny or revoke any exemption pursuant to this section
at any time for any project that the Township believes may post a
threat to public health, safety, property or the environment.
(3)
An applicant proposing the cumulative installation of 1,000 square feet or less of impervious surface coverage after January 6, 2014, may be exempt from the design, plan submittal, and processing requirements of Articles III, IV, and V of this chapter if such applicant complies with all provisions of this § 113-51B(3). No person or activity is exempted from compliance with § 113-65 and Articles VII, VIII, and IX of this chapter. The applicant shall comply with the erosion and sediment control requirements of 25 Pa. Code Chapter 102. Exemptions do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other code, law, regulation, or ordinance. Exemption shall not relieve an applicant from implementing such measures as necessary to meet compliance with any NPDES permit requirements. Any exemption based on false, misleading, or erroneous information provided by an applicant is void without the necessity of any proceedings for revocation. Any work undertaken or use established pursuant to such permit or other authorization is unlawful.
(a)
Any applicant desiring exemption from design, plan submission,
and plan processing requirements shall complete an application form
supplied by the Township Secretary and pay all applicable fees before
commencing any regulated activities.
(4)
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,
as amended by Act 15 of 2018,[1] 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 4-15-2019 by Ord. No. 317-2019]
(a)
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
(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
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%.
[3]
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.
(c)
Nothing in this subsection shall be construed to exempt high tunnels from other requirements applicable under federal, state or Township ordinances, including, but not limited to, Chapter 135, Zoning.
(d)
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.
[1]
Editor's Note: See 32 P.S. § 680.1 et
seq.
A.
Anyone proposing a small project shall submit one copy of the small
project application to the Township.
B.
A complete small project application shall include:
(1)
Small project application form (form supplied by Township Secretary).
(2)
Small project sketch plan 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.
(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 enforcement officer shall review and take action on the small
project application within 30 days of filing.
A.
Applicants are encouraged to schedule a pre-application meeting to
review the overall stormwater management concept with the Township
staff/engineer. The pre-application meeting is not mandatory and shall
not constitute formal filing of a plan with the Township. Topics discussed
may include the following:
(1)
Available geologic maps, plans and other available data.
(2)
Findings of the site analysis, including identification of any environmentally
sensitive areas, wellhead protection areas, riparian corridors, hydrologic
soil groups, existing natural drainageways, karst features, areas
conducive to infiltration to be utilized for volume control, etc.
(3)
Results of infiltration tests.
(4)
Applicable Township Subdivision and Land Development and/or Zoning
Ordinance provisions.
(5)
The conceptual project layout, including proposed structural and
nonstructural BMPs.
B.
Applicants requesting a pre-application meeting shall pay any applicable
fees.
A.
Regulated activities in connection with a subdivision or land development.
(1)
When regulated activities are undertaken in connection with a subdivision or land development, all powers to review, approve and deny applications for approval shall be vested in the Planning Commission as the agency granted the power and authority to administer subdivisions and land developments by Chapter 119, Subdivision and Land Development. The Planning Commission shall review and render its decisions in accordance with the provisions of Chapter 119, Subdivision and Land Development. Approval of a subdivision or land development plan by the Planning Commission shall be considered an approval of the SWM site plan and issuance of a stormwater management permit.
B.
Regulated activities not in connection with a subdivision or land
development.
(1)
When regulated activities are not undertaken in connection with a
subdivision or land development, application shall be made to the
enforcement officer. The enforcement officer shall forward the application
to the Township Engineer for consideration and may review the application
with the Township Engineer, Township Solicitor, and other Township
officials to determine whether to approve, conditionally approve,
or disapprove the application.
(2)
The enforcement officer shall, within 90 days from receipt of an
application for a stormwater management permit, approve, conditionally
approve or disapprove the application unless the time period is extended
by the applicant, in writing, or the applicant has applied for a stream
encroachment or dam safety permit from the DEP, in which case the
period of review shall not begin to run until the DEP permit has been
obtained. The enforcement officer shall notify the applicant in writing
of the approval, conditional approval or disapproval of the application.
Any conditional approval shall state the conditions and any disapproval
shall cite the reasons for such disapproval. Conditional approval
shall be contingent upon the applicant's written acceptance of the
conditions.
(3)
The applicant shall submit the following to the Township:
(a)
Two copies of the SWM site plan prepared in accordance with the requirements of Article IV of this chapter.
(d)
The filing fee (in accordance with the Township's current fee
schedule).
(e)
An electronic copy of all plans, reports, and supplemental data.
All plans and reports shall be provided in PDF format.
C.
The SWM site plan, narrative and supporting calculations 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 not be granted until applicable permits have been obtained.
E.
Incomplete submissions as determined by the enforcement officer, 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 submission 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 § 113-95 of this chapter.
F.
At its sole discretion and in accordance with this article, when
a SWM site plan is found to be deficient, Mount Joy Township may either
disapprove the submission and require a resubmission, or in the case
of minor deficiencies, Mount Joy Township may accept submission of
revisions.
A.
Revisions to a SWM site plan after submission but before action by the enforcement officer shall require a resubmission of the modified SWM site plan consistent with § 113-54 and be subject to review by the enforcement officer and the Township Engineer.
B.
For the purposes of review deadlines, each resubmission required under § 113-55A (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.
Approval of a regulated activity shall be considered any of the following:
(1)
Issuance of a stormwater management permit by the enforcement officer
for small projects.
(2)
For regulated activities associated with a subdivision or land development
plan, approval of the SWM site plan by the Planning Commission with
signature of the certificate in Appendix 6[1] by the Planning Commission, and recording of the plan.
[1]
Editor's Note: Said appendix is included as an attachment
to this chapter.
B.
Approval of a regulated activity shall be valid for a period not to exceed one year unless an extension of time is approved in writing by the enforcement officer. This time period shall commence on the date the final subdivision or land development plan is recorded or the date that the enforcement officer approved the SWM site plan if the regulated activity is not connected with a subdivision or land development plan. If a certificate of completion as required by § 113-57 of this chapter 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 § 113-54 of this chapter.
C.
A written extension of an unexpired approval granted under this chapter
shall be issued by the enforcement officer following the submission
of a written request if, in the opinion of the enforcement officer,
the subject property or affected surrounding area has not be altered
in a manner which requires alteration to the SWM site plan.
A.
At the completion of the project, and as a prerequisite for the release
of the financial security, the applicant shall provide a certificate
of completion from 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.
B.
Upon receipt of the certificate of completion, and prior to release
of the remaining financial security, the Township shall conduct a
final inspection to certify compliance with this chapter.
A.
Upon completion of the plan improvements and prior to the release
of financial security, the applicant shall submit as 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.
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.
D.
Digital inventory.
(1)
When required. A digital inventory shall be submitted following approval
of the as-built plan by the Township Engineer if the project includes
any of the following:
(2)
Digital inventory requirements.
(a)
The digital inventory shall be in an electronic format acceptable
to the Township Engineer.
(b)
The digital inventory shall include all information included
and shown on the approved as-built plan.
(c)
All coordinates as depicted on the plan shall be based on the
PA South Zone State Plan Coordinate System (NAD83 for horizontal and
NAVD88 for vertical).
A.
The enforcement officer shall inspect all phases of the regulated
activity, including but not limited to the following phases:
(1)
The completion of preliminary site preparation, including stripping
of vegetation, stockpiling of topsoil and construction of temporary
stormwater management facilities.
(2)
The completion of rough grading, but prior to placement of topsoil,
permanent drainage or other site-development improvements and ground
covers.
(3)
During the construction of the permanent stormwater management facilities
at such times as specified by the enforcement officer.
(4)
The completion of permanent stormwater management facilities, including
establishment of ground covers and plantings.
(5)
The completion of any final grading, vegetative control measures
or other site restoration work done in accordance with the permit.
B.
No work shall begin on a subsequent phase (as identified in Subsection A) until the preceding phase has been inspected and approval has been noted on the permit.
C.
In order to avoid delays for inspections, it is the responsibility
of the applicant to notify the enforcement officer 48 hours in advance
of the completion of each identified phase of development.
D.
Any portion of the work which does not comply with the approved plan
must be corrected by the applicant. No work may proceed on any subsequent
phase until the required corrections have been made.
A.
The enforcement officer shall, prior to unconditional approval of
any SWM site plan, require financial security 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.
B.
Where required, the applicant shall file with the Board of Supervisors
financial security in an amount sufficient to cover the costs of the
stormwater management facilities. Without limitation as to other types
of financial security which the Board of Supervisors may approve,
the Board of Supervisors shall approve irrevocable unconditional letters
of credit and restrictive or escrow accounts with or issued by federal-
or commonwealth-chartered lending institution. Such financial security
shall be posted with a bonding company or federal- or commonwealth-chartered
lending institution chosen by the applicant, provided that the bonding
company or lending institution is authorized to conduct business within
the commonwealth and first approved by the Board of Supervisors or
its designated nominee. The bond or other security shall provide for
and secure to the public completion of the stormwater management facilities
within one year of the date fixed on the permit for the facilities.
The amount of financial security shall be equal to 110% of the cost
of the required facilities for which financial security is to be posted.
The cost of the facilities shall be established by submission to the
Board of Supervisors of a bona fide bid or bids from the contractor
or contractors chosen by the applicant to complete the facilities,
or, in the absence of bona fide bids, the cost shall be established
by estimate approved by the Township Engineer. If the applicant requires
more than one year from the date of posting of the financial security
to complete the required facilities, the amount of financial security
may be increased by an additional 10% for each one-year period or
portion thereof beyond the first anniversary date from the posting
of financial security or to an amount not exceeding 110% of the cost
of completing the required facilities as reestablished on or about
the expiration of the preceding one-year period by using the above
bidding process.
C.
As the work of installing the required stormwater management facilities
proceeds, the applicant may request the Board of Supervisors to release
or authorize the release, from time to time, of portions of the financial
security necessary to pay the contractor or contractors performing
the work. All such requests shall be in writing addressed to the Board
of Supervisors, which shall have 45 days from receipt of the request
to allow the Township Engineer to certify, in writing, to the Board
of Supervisors that such portion of the work upon the facilities has
been completed in accordance with the permit. 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
to fairly represent the value of the facilities completed, or, if
the Board of Supervisors fails to act within the forty-five-day period,
the Board of Supervisors shall be deemed to have approved the release
of funds as requested.
D.
Prior to the release of the final escrow estimate, the applicant
shall post a maintenance bond with the Township in the amount of 15%
of the performance bond. The maintenance bond shall be held for a
one-year period commencing with the date of acceptance of the stormwater
facilities by the Township. Prior to the expiration of the maintenance
bond, the Board of Supervisors shall be presented with a written recommendation
by the Township Engineer on the suitability of the bonded facilities.
E.
Prior to the release of the final escrow estimate, the applicant shall provide the Township with as-built records in accordance with § 113-58.
F.
For SWM site plans that are required to have an NPDES permit and
a financial security to the Township is required, evidence of the
NPDES permit's executed "notice of termination" shall be provided
to the Township prior to the release of the financial security.
[Added 9-19-2022 by Ord.
No. 338-2022]
