To determine what stormwater management site plan requirements to follow, an applicant should first review the exemption criteria in § 187-19. If the applicant's proposal does not satisfy the criteria as described, then the applicant should consult the definitions of "minor and major land disturbance activity" in § 187-14 of this chapter to determine in which category the applicant's proposal falls. With the determination made, the applicant can follow the appropriate stormwater management site plan requirements of this article for his/her/its proposal.
Any regulated activity that meets one of the following exemption
criteria (Subsection A through E below) 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 Subsection F, provided that the activities meet the following criteria below [Subsection A(2)(a) through (f)]. This exemption will be applied on a cumulative basis for the subject property.
(1)
Any applicant desiring exemption from design, plan submission, and
plan processing requirements shall complete an application for exemption
in the form set forth and available at the Borough Office and pay
any applicable filing fee.
(2)
The applicant for exemption shall provide the Borough with all information
necessary for the Borough 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 that runoff be 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 property owners or the
quality of runoff entering any storm sewer.
(f)
The proposed impervious surface shall not create accelerated
erosion and sedimentation.
(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 Borough following consultation with the
Borough 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 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 Subsection F, agricultural activity, 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, is exempt from the provisions of this chapter. 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 Subsection F, forest management and timber operations which are following the Department of Environmental Protection's management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" and are operating under an erosion and sedimentation pollution control plan according to the requirements of 25 Pa. Code Chapter 102 are specifically exempt from the requirements of this chapter.
F.
The Borough may deny or revoke any exemption pursuant to this section
at any time for any project that the Borough believes may pose a threat
to public health, safety, property, or the environment.
A.
The minor land disturbance plan shall include a general plan of the
lot configuration, existing and proposed building locations, location,
and square footage of proposed impervious area or land disturbance,
grading, stormwater management facilities, and erosion and sedimentation
control facilities.
B.
The plan need not demonstrate literal compliance with all the provisions
of this chapter, other than Appendix E,[1] however the plan shall demonstrate that the proposed activity will comply with the intent of this chapter as provided for in § 187-3.
[1]
Editor's Note: Appendix E is included as an attachment to
this chapter.
C.
The minor land disturbance plan shall provide for volume control,
but shall not be required to provide for rate control. Additional
guidance is provided in Appendix E, including formulas and construction
notes to be followed in design and construction of volume control
features.
D.
The Borough staff may require additional information, or invoke any
section of this chapter as deemed necessary to adequately demonstrate
compliance with the intent of this chapter. These requirements may
be appealed to the Borough Council.
The SWM 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
E&S pollution control plan by title and date. The cover sheet
of the computations and E&S pollution control plan shall refer
to the associated maps by title and date. All SWM site plan materials
shall be submitted to the Borough 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 one inch equals 50 feet and at a vertical scale
of one inch equals 10 feet or one inch equals five feet.
(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 by 22 inches and no larger
than 24 by 36 inches. If the plan is prepared in two or more sections,
a key map showing the location of the sections shall be placed on
each sheet. If more than one sheet is necessary, each sheet shall
be 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 SWM site plans:
(1)
The proposed project name or identifying title.
(2)
The name of the Borough 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 developer/subdivider, 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
it is the intention of the landowner to retain a single lot with a
lot area 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; if the retained
lot has a lot area of 10 or less acres, it must be described to the
accuracy of the requirements of this chapter.) In the case of lot
add-on plans, and revised final plans, the boundary of the receiving
tract shall also 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
Borough Zoning Ordinance.
(9)
A statement on the plan indicating the granting of a prior zoning
amendment, special exception or variance, if applicable, along with
any prior modifications granted by the Board 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 SWM
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)
Contour intervals may be adjusted based upon horizontal scale
with concurrence of the Borough 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
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 Manheim Borough Comprehensive Plan, including, but not limited
to:
[1]
Prime agricultural soils;
[2]
Underlying geology, with any hazardous geology noted;
[3]
Floodplains;
[4]
Quarry sites;
[5]
Solid waste disposal areas;
[6]
Historic structures;
[7]
Cemetery or burial sites;
[8]
Archaeological sites;
[9]
Highly erosive soils;
[10]
Wooded areas;
[11]
Natural habitat; and
[12]
PNDI 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)
Block and lot numbers in consecutive order (e.g., Block A, Lots 1
through 10; Block B, Lots 11 through 22).
(2)
The location and configuration of proposed buildings, parking compounds,
streets including cartway and right-of-way widths, alleys, driveways,
common open space, recreational areas, and all other significant planned
facilities.
(3)
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.
(4)
Easements and rights-of-way, including:
(a)
A minimum twenty-foot-wide access easement around all SWM 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 SWM 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 of 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.
(5)
Building setback line and building envelope.
(6)
Identification of buildings to be demolished and all other features
to be removed.
(7)
Typical street cross section for each proposed public or private
street and typical cross section for any existing street which will
be improved as part of the application. Each cross section shall include
the entire right-of-way width.
(8)
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 Borough Council 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.
(9)
A table indicating the existing zoning district, total tract area,
required lot size, required setbacks, required maximum and/or minimum
development density, maximum building height, maximum lot coverage,
and number of lots in the proposed subdivision along with the proposals
for each of these parameters.
(10)
A statement identifying the number of square feet of impervious
coverage for which stormwater management facilities have been designed
for each lot.
(11)
A statement on the plan indicating the granting of a zoning
amendment, special exception or variance, if applicable, along with
modifications granted by the Borough Council to sections of this chapter.
(12)
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 developer shall supply the location and elevation of all proposed
roads, fills, utilities, buildings, stormwater management, and erosion
control facilities.
(13)
Location of all percolation test holes, deep probe holes and
proposed well locations.
(14)
Easements for the on-lot sewage replacement locations.
(15)
The location of all trees and/or woodlands on the site and location
of trees and/or woodlands to be removed and trees and/or woodlands
to remain.
(16)
The layout of lots, with approximate dimensions and gross and
net acreage.
(17)
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.
(18)
The location and dimensions of all E&S control facilities.
(19)
Identification of any lands to be dedicated or reserved for
public, semipublic, or community use.
(20)
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 Borough Council's approval of this plan in no way
implies that such a permit can be acquired."
(21)
A complete landscape plan showing the location, size, and type
of all plant material required by provisions of this chapter or any
other applicable Borough 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.
(22)
A detailed schedule of inspections during construction, generally
outlined as follows, which is tailored for the site under consideration:
(a)
The Borough shall inspect all phases of the installation of
any temporary or permanent SWM facilities during construction. The
developer shall pay the cost of any such inspection. The developer
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 Borough and developer when the site requires
special construction procedures. The inspection schedule must be shown
on the approved stormwater management site plan.
(c)
General site construction.
[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.
(d)
In addition to the above-outlined observations, additional observations
will be made at the request of the developer for reduction of financial
securities. Random observations should be made at the frequency desired
by the Borough. 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
guarantee be submitted to coincide with the above inspections.
(23)
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 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 § 187-19 or falls under the definition of "minor land disturbance" and is regulated by the provisions of § 187-20:
A.
The SWM site plan shall include a note on the plan informing the
owner that the Borough 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 SWM site plan who will be
directly impacted by the applicant's proposed runoff or earth disturbance
shall be required to execute all applications and final documents.
C.
All SWM site plans shall be prepared by a qualified person.
D.
SWM site plans shall be prepared in a form that meets the requirements
for recording in the office of the Recorder of Deeds of Lancaster
County.
E.
For all regulated earth disturbance activities, erosion and sedimentation
pollution 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.
F.
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)
For projects that add impervious area to a parcel, the total impervious area on the parcel is subject to the requirements of this chapter; except that the volume controls in § 187-30 and the peak rate controls of § 187-25V do not need to be retrofitted to existing impervious areas that are not being altered by the proposed regulated activity.
[Amended 9-13-2022 by Ord. No. 676]
G.
Stormwater flows onto adjacent property shall not be created, increased,
decreased, relocated, or otherwise altered without written notification
of the adjacent property owner(s) by the developer, including the
establishment of an easement. Such stormwater flows shall be subject
to the requirements of this chapter.
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 shall be incorporated.
The proposed LID practices shall be noted on the SWM 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.
N.
The applicant shall refer to the BMP Manual for various BMPs and
their design standards.
A.
Notice from the Lancaster County Conservation District of the approval
of the erosion and sedimentation pollution control plan.
B.
A note shall be placed on the plan indicating any area that is not
to be offered for dedication, if applicable.
C.
Written notice from the Borough that all proposed improvements have
been designed to the standards of the Borough and that financial guarantee
and a completed improvement guarantee agreement in a form suitable
to the Borough Council has been received.
D.
Such written notices of approval as may be required by this chapter,
including, but not limited to, stormwater runoff to adjacent properties.
E.
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.
F.
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.
G.
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.
B.
Certificate for approval by the Borough Engineer.
C.
A statement, signed by the landowner, acknowledging that the stormwater
BMPs are fixtures that cannot be altered or removed without prior
approval by the Borough.
D.
A statement referencing the operation and maintenance (O&M) agreement
and stating that the O&M agreement is part of the SWM site plan.
E.
The following signature block for the qualified professional preparing
the SWM site plan:
"I, __________, hereby certify that the stormwater management
plan meets all design standards and criteria of the Borough Stormwater
Management Ordinance."
