[Ord. 2014-04, 4/28/2014, § 23-401]
1.
The following regulated activities are specifically exempt from the
plan preparation and submission requirements of this of this chapter:
A.
Agricultural activities, as defined by this chapter, provided that
the activities are performed according to the requirements of Chapter
102.
B.
Forest management and timber operations, as defined by this chapter,
provided that the activities are performed according to the requirements
of Chapter 102.
C.
Conservation practices being installed as part of the implementation
of a conservation plan written by an NRCS certified planner.
D.
Domestic landscaping and/or vegetable gardening.
E.
Installation of additional impervious surface coverage on a lot where
all of the following conditions have been met:
(1)
The lot has a previously approved stormwater management plan
which included stormwater management facilities to handle such future
impervious surface coverage.
(2)
The stormwater management facilities on the approved stormwater
management plan were installed and inspected and approved by the Township
Engineer.
(3)
The Township approved the stormwater management plan not more
than five years before the application to add the impervious surface
coverage was submitted to the Township or, if the Township approved
the stormwater management plan more than five years before the application
to add the impervious surface coverage was submitted to the Township,
there have been no amendments to the design standards of this chapter
between the date of approval of the stormwater management plan and
the submission of the application to add impervious surface coverage.
2.
An application proposing the cumulative installation of 1,000 square feet or less of impervious surface coverage after January 1, 2011, on a lot improved with existing structures may be exempt from the design, plan submittal, and processing requirements of this chapter, provided that the following standards have been met. No person or activity is exempted from compliance with Part 7 of this chapter.
A.
An application for an exemption shall consist of the following:
(1)
Completed exemption and small project application (see Appendix
23-7).
(2)
Filing fee (in accordance with the Township fee resolution or
ordinance).
(3)
All information necessary for the Township to determine compliance
with the following shall be provided:
(a)
No earth disturbance shall take place within environmentally
sensitive areas including, but not limited to, floodplains, wellhead
protection areas, riparian corridors, slopes greater than 15%, hydrologic
soil groups, existing natural drainageways, karst features, and areas
conducive to infiltration to be utilized for volume control.
(b)
No impervious surface coverage shall be installed and no grading
or excavation will be conducted within any existing drainage or stormwater
easement created by or shown on any approved plan.
(c)
Soil disturbance and erosion during construction activity will
be minimized, and all disturbed areas will be promptly reclaimed with
topsoil and vegetation.
(d)
Runoff will be directed to pervious areas on the subject property.
No runoff will be directed onto an abutting street or neighboring
property.
(e)
The proposed impervious surface will not adversely impact any
existing known problem areas or downstream property owners or the
quality of runoff entering the storm sewer system.
(f)
Runoff from the proposed impervious surface will not create
erosion.
B.
An application shall not be exempt if the proposed impervious surface
coverage is to be located on a lot subject to a Township-approved
subdivision plan, land development plan, or stormwater management
plan that was designed with stormwater management facilities and associated
assumptions regarding impervious coverage, except where the conditions
of § 23-401.1.E are met.
D.
No application 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.
E.
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.
3.
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, including,
but not limited to, where exists the potential for stormwater runoff
to adversely affect adjacent or downstream public or private properties.
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 by Ord. No. 2019-06, 10/14/2019]
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 requirement s applicable under federal, state or Township ordinances, including, but not limited to, Chapter 27, 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.
[Ord. 2014-04, 4/28/2014, § 23-402]
1.
An application may be processed as a small project if it meets the standards found in this section, does not involve the alteration of stormwater facilities or watercourses, and proposes regulated activities that, measured on a cumulative basis from the date of enactment of this chapter, create new impervious areas of less than 5,000 square feet or involve earth disturbance activity of an area less than 5,000 square feet. An application that is not eligible for exemption pursuant to § 23-401 may be processed under this section, subject to all applicable standards found herein.
A.
An application for a small project shall consist of the following:
B.
The amount of impervious surface permitted under this section shall
not exceed 10% of the lot area. Additionally, there shall be a five-foot
minimum setback between any structural BMP and any property boundary.
C.
No application 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.
D.
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.
2.
Development Sites Containing Agricultural Activities with Conservation
Plan.
A.
Where a development site is located within the T-1 Natural (T-1)
District or the T-2 Agricultural (T-2) District and has an implemented
conservation plan verified by the Conservation District or NRCS certified
planner, 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:
B.
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 stormwater
management facilities discharge point to the downslope property line
of the parent tract is at least 100 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 pre-development condition
and that there will be no adverse effects to adjacent property or
that the flows reach a natural drainageway or existing stormwater
management facilities before affecting adjacent property.
C.
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 stormwater management
facilities discharge point to the downslope property line 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 pre-development condition and that
there will be no adverse effects to adjacent property or that the
flows reach a natural drainageway or existing stormwater management
facilities before affecting adjacent property.
D.
The implemented conservation plan, in addition to any proposed structural
BMPs, shall include structural BMPs that offset and mitigate the stormwater
impacts of the proposed impervious area.
E.
An application for processing under this § 23-402.2 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%.
3.
Regulated activities that meet the above criteria may be required
to manage stormwater runoff and provide plans and calculations as
required by this chapter should the Township determine that there
is a potential for stormwater runoff to adversely affect adjacent
or downstream public or private properties.
[Ord. 2014-04, 4/28/2014, § 23-403]
1.
Submission of a stormwater management plan to the Township for review
and approval is required for all regulated activities prior to the
issuance of any permit, or the commencement of any development within
the jurisdiction of this chapter.
2.
Applicants are encouraged to schedule a pre-application meeting to
review the overall stormwater management concept with Township staff
and the Township 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:
A.
Available geological maps, GIS mapping, topography, plans and other
available data.
B.
Findings of the site analysis such as the identification of any environmentally
sensitive areas, including, but not limited to floodplains, wellhead
protection areas, riparian corridors, slopes greater than 15%, hydrologic
soil groups, existing natural drainageways, karst features, and areas
conducive to infiltration to be utilized for volume control.
C.
Results of infiltration tests.
E.
The conceptual project layout and grading, including proposed structural
and non-structural BMPs.
[Ord. 2014-04, 4/28/2014, § 23-404]
1.
The following items shall be included as part of the stormwater management
plan:
A.
Plans, showing the following information:
(1)
General.
(a)
All plans shall be on sheet sizes consistent with the Township Subdivision and Land Development Ordinance [Chapter 22].
(b)
Proposed name or identifying title of project.
(c)
Name and address of the landowner and developer of the development
site.
(d)
Plan date and date of the latest revision to the plan, north
point, graphic scale and written scale. All plans shall be at a scale
of 10, 20, 30, 40, 50, or 100 feet to the inch.
(e)
All plans shall conform to the North American Datum 1983 horizontal
datum and the NAVD 1988 vertical datum for compatibility with the
Lancaster County Geographic Information System.
(f)
Total acreage of the development site and the tract of land
on which the project site is located.
(g)
A location map, for the purpose of locating the development
site to be developed, at a minimum scale of 2,000 feet to the inch,
showing the relation of the tract to adjoining property and to all
streets and Township boundaries existing within 1,000 feet of any
part of the tract of land on which the development site is proposed
to be developed.
(h)
Certificate for approval by the Board of Supervisors (see Appendix
23-1).
(2)
Existing Features.
(a)
Tract boundaries showing distances, bearings and curve data,
as located by field survey, or by deed plotting when deemed acceptable
by the Township. All existing easements and right-of-ways impacting
the project area shall be identified with associated recording information.
(b)
Existing contours at vertical intervals of one foot for land
with an average natural slope of 4% or less and at vertical intervals
of two feet for more steeply sloping land up to 15%. Contours at a
vertical interval of five feet can be used to identify slopes in excess
of 15%. Spot elevations shall be provided to identify critical elevations
necessary to design and evaluate the proposed project. The location
of the benchmark and the datum used shall also be indicated.
(c)
The names of all owners of all immediately adjacent unplatted
land, the names of all proposed or existing developments immediately
adjacent, and the locations and dimensions of any streets or easements
shown thereon.
(d)
The names, locations and dimensions of all existing streets,
railroads, watercourses, drainage facilities, floodplains, wetlands
and other significant features within 200 feet of any part of the
tract proposed to be developed and the location of all buildings and
approximate location of all tree masses within the tract.
(e)
Soil types as designated by the most recent USDA SCS Soil Survey
of Lancaster County.
(3)
Proposed Features.
(a)
The proposed land use, the number of lots and dwelling units
and the extent of commercial, industrial or other nonresidential uses.
(b)
The locations and dimensions of all proposed streets, parks,
playgrounds, and other public areas; sewer and water facilities; lot
lines and building locations; and parking compounds and other impervious
and semi-pervious surfaces.
(c)
The proposed changes to land surface and vegetative cover including
areas to be cut or filled.
(d)
Proposed grading including spot elevations and final contours
at vertical intervals of one foot for land with an average natural
slope of 4% or less and at vertical intervals of two feet for more
steeply sloping land. The grading plan shall be detailed enough to
show positive drainage to all stormwater management facilities, to
show all slopes within the development site, to show stabilization
methods for slopes 3:1 or steeper and for critical areas subject to
erosion, and to show minimum floor elevations for buildings and structures
near floodplains, basins or swales. Where proposed contour lines cannot
be accurately located (i.e., as in a single-family detached residential
development when the building has not been determined), tentative
grading shall be shown to justify assumptions made in the stormwater
calculations. Where existing contours are not shown, arrows indicating
general surface runoff flow patterns shall be shown.
(4)
Stormwater Management Facilities.
(a)
All stormwater management facilities along with any proposed
connections to existing facilities.
(b)
Groundwater recharge methods such as rock bins, seepage pits,
seepage beds or trenches. When these structures are used, the locations
of nearby septic tank infiltration areas and wells must be shown.
(c)
Other control devices or methods such as roof-top storage, grass
swales, parking lot ponding, vegetated strips, and detention or retention
basins.
(d)
Plans and profiles, to scale, of all proposed stormwater management
facilities including vertical and horizontal alignment, size and type
of material. This information shall be of the quality required for
the construction of all facilities. All plans shall be consistent
with the stormwater calculations submitted with the plan application.
(e)
When plan applications, whether preliminary or final, are submitted
in sections, a generalized stormwater management plan for the entire
project site shall be submitted in addition to the detailed stormwater
management plan for the proposed section. This generalized plan shall
demonstrate how the stormwater management facilities of the proposed
section will relate to the entire development. The amount and velocity
at the discharge point of the section shall be included in the data
submitted. If temporary facilities are required for construction of
a section, such facilities shall be included in the submitted plans.
(f)
All easement locations.
(g)
A note on the plan indicating any area that is not to be offered
for dedication along with a statement that the Township is not responsible
for maintenance of any area not dedicated to and accepted for public
use, and that no alteration to swales, or basins, or placement of
structures shall be permitted within easements.
(h)
A certificate, signed and sealed by an individual registered
in the Commonwealth of Pennsylvania and qualified under all applicable
local and state laws to perform such duties, indicating the compliance
of the design of the stormwater management facilities with the provisions
of this chapter (see Appendix 23-2).
(i)
The maximum impervious surface coverage for which the stormwater
management facilities have been designed for each lot on the stormwater
management plan.
(5)
Erosion and Sediment Pollution Controls. The type, location
and extent of all erosion and sediment pollution control measures
shall be shown on an erosion and sediment pollution control plan that
conforms to the requirements of the E&S Manual.
B.
Written report, including the following information:
(1)
Stormwater runoff calculations for both pre-development and
post-development conditions. These calculations shall include all
hydrologic and hydraulic analysis, computed and graphic drainage areas
for each collection facility, and required support information for
each stormwater management facility as needed to justify proper use
and function.
(2)
An erosion and sediment pollution control plan narrative that
conforms to the requirements of the E&S Manual.
(3)
An ownership and maintenance program that clearly sets forth
the ownership and maintenance responsibility of all temporary and
permanent stormwater management facilities and erosion and sediment
pollution control facilities, including:
(a)
Description of temporary and permanent maintenance requirements.
(b)
Identification of a responsible individual, corporation, association
or other entity for ownership and maintenance of both temporary and
permanent stormwater management and erosion and sediment pollution
control facilities.
(c)
Establishment of suitable easements for access to all facilities.
(d)
The intent of these regulations is to provide private ownership
and maintenance of stormwater management and erosion and sediment
pollution control facilities. Where the stormwater management plan
proposes that the Township own or maintain the facilities, a description
of the methods, procedures, source of funds to maintain the facilities,
and the extent to which any facilities shall be turned over to the
Township shall be incorporated as an integral part of the plan.
C.
Financial security for the completion of stormwater management facilities as set forth in Part 5 of this chapter.
E.
Filing fee and/or inspection fee in the amount specified on the fee
schedule, as may be amended from time to time, adopted by resolution
of the Board of Supervisors.
F.
A DEP permit for any stormwater management facility requiring a permit
to be issued by DEP.
G.
A PennDOT highway occupancy permit for any stormwater management
facility proposed within the right of way of a state road or authorization
from PennDOT for stormwater facilities impacting PennDOT's roadway
or drainage facilities. If PennDOT requires that the Township be the
applicant for such a highway occupancy permit, an agreement between
the applicant and the Township that makes the applicant responsible
for compliance with all PennDOT conditions and posting of any financial
security shall be required.
H.
Approval by the DEP and the U.S. Army Corps of Engineers of the location
of any wetlands, and of any revision to the site that will affect
the wetlands.
I.
A National Pollution Discharge Elimination System (NPDES) permit,
when applicable.
J.
A letter from the Conservation District approving the erosion and
sedimentation control plan.
K.
A completed "Stormwater Management Agreement and Declaration of Easement,"
a completed "Joinder by Mortgagee," and a completed "Consent and Joinder
of Homeowners Association," each where applicable (see Appendix 23-3).
[Ord. 2014-04, 4/28/2014, § 23-405]
1.
All stormwater management plans for subdivisions and land developments submitted under the jurisdiction of the Township Subdivision and Land Development Ordinance [Chapter 22] shall adhere to the procedures required by said ordinance including the number of copies of material to be submitted. Stormwater management plans for all other regulated activities shall adhere to the plan procedure delineated in § 23-406 of this chapter.
2.
Where the submission of an erosion and sedimentation control plan
or application for an NPDES permit is required, a copy of all documentation
and plan sets submitted to the Conservation District or DEP shall
be provided to the Township Secretary and Township Engineer.
[Ord. 2014-04, 4/28/2014, § 23-406]
1.
Application Requirements. All stormwater management plan applications not subject to § 23-402 or § 23-405 shall include the following:
A.
One full set of the stormwater management plan, with all accompanying
forms, reports, notifications and certifications shall be filed at
the Township Office.
B.
One full set of the stormwater management plan, with all accompanying
forms, reports, notifications and certifications shall be filed at
the Office of the Township Engineer.
C.
One full set of the stormwater management plan, with all accompanying
forms, reports, notifications and certifications shall be filed at
the Office of the Township Solicitor.
D.
Additional plan sets, and/or components of the submission not otherwise
included on the stormwater management plan, shall be submitted if
requested by the Township.
E.
One copy of the application form (see Appendix 23-6).
F.
Filing fee (in accordance with the Township Fee Resolution or Ordinance).
G.
With each submission or resubmission of the stormwater management
plan, all plan sheets and accompanying documents shall be submitted
to the Township office on a transportable digital/electronic medium.
Digital or electronic files shall be in a standard, reproducible and
printable format, for use by the Township. Costs incurred by the Township
for printing and/or media duplication may be charged to the applicant.
H.
Where the submission of an Erosion and Sedimentation Control Plan
or application for an NPDES permit is required, a copy of all documentation
and plan sets submitted to the Lancaster County Conservation District
or DEP shall be provided to the Township Secretary and Township Engineer.
I.
The applicant is responsible for submitting plans and related information
to any other agencies such as the Conservation District, PennDOT,
DEP, etc., when reviews or permits from these agencies are required.
Final approval shall be conditioned upon the applicant obtaining all
necessary permits.
2.
Plan Requirements. All stormwater management plans shall be prepared in conformance with the provisions of § 22-404.
3.
Board of Supervisors Review Process.
A.
All applications for approval of a plan shall be acted upon by the
Board of Supervisors which shall render its decision and communicate
it to the applicant not later than 90 days following the date the
application is filed.
B.
The decision of the Board of Supervisors shall be in writing and
shall be communicated to the applicant or his authorized representative
personally or mailed to him at his last known address not later than
15 days following the decision.
C.
When the application is not approved in terms as filed, the decision
shall specify the defects found in the application and describe the
requirements which have not been met and shall, in each case, cite
the provisions of the chapter relied upon.
D.
The stormwater management plan may be approved with conditions and,
if so, the acceptable conditions for approval shall be provided in
writing. Such conditional approval shall be contingent upon the applicant's
written acceptance of the conditions.
4.
Approval of a stormwater management plan by the Township shall not
be construed as an indication that the plan complies with the standards
of any agency of the Commonwealth.
5.
Approval of a stormwater management plan by the Township shall be
obtained by an applicant prior to the issuance of a zoning permit
by the Township. No construction of stormwater management facilities
may begin until a zoning permit is obtained by the applicant in accordance
with this chapter.
[Ord. 2014-04, 4/28/2014, § 23-407]
At the completion of the project, and as precondition for the
final release of financial security, the applicant shall provide a
certificate of completion of all stormwater management facilities
from an individual registered in the Commonwealth of Pennsylvania
and qualified to perform such duties verifying that all permanent
facilities have been constructed according to the plans and specifications
approved and any approved revisions thereto. This certification shall
be provided on a set of record drawings showing the location, dimension
and elevation of all pertinent improvements. Such plan shall indicate
that the required grading, stormwater management facilities, BMPs,
riparian buffers, and soil erosion and sediment control practices
have been installed in substantial conformance with the approved plan
and that project has been completed in a manner consistent with all
initial stormwater design assumptions. The record drawings shall clearly
specify all deviations from the previously approved plan. If the deviations
from the approved plans are deemed to be substantial by the Township
Engineer, the Township may require the recording of the plan. After
receipt of the record drawings containing the certification of completion,
the Township Engineer or other person designated by the Township shall
make a final inspection of the stormwater management facilities to
verify compliance with this chapter. Record drawings shall be submitted
on a transportable digital/electronic medium containing digital or
electronic files in a standard, reproducible and printable format,
for use by the Township.
[Ord. 2014-04, 4/28/2014, § 23-408]
All stormwater management plans shall expire 24 months from
the date of unconditional approval by the Township Board of Supervisors
unless an extension of time is approved. An extension of an unexpired
stormwater management plan shall be issued by the Township Board of
Supervisors following the submission of a written request if the subject
property or affected surrounding area has not been altered in a manner
which requires alteration to the stormwater management plan. The refusal
of a request for an extension of time shall cite the reasons for such
a refusal. A stormwater management plan shall not expire while a request
for an extension is pending.
[Ord. 2014-04, 4/28/2014, § 23-409]
1.
All requests for modifications of chapter provisions other than those
governing state water quality requirements shall be processed in accordance
with the following:
A.
A request for a modification shall be submitted to the Township Secretary,
in writing, and shall identify: 1) the specific section of this chapter
which is requested for modification, 2) the proposed alternative to
the requirement, when applicable, and 3) the grounds and facts of
unreasonableness or hardship on which the request is based. Cost or
financial burden shall not be considered a hardship.
[Amended by Ord. No. 2022-06, 9/12/2022]
B.
The Township Secretary shall submit a copy of the request for modification
to the Township Engineer for review and recommendation.
C.
The Township Secretary shall schedule the request for the consideration
by the Board of Supervisors at a public meeting once the recommendation
of the Township Engineer is received and shall provide adequate notice
to the applicant and any other involved parties of the meeting at
which consideration of the request is scheduled.
D.
All requests for a modification shall be acted upon by the Board
of Supervisors which shall render its decision and communicate it
to the applicant not later than 90 days following the date the request
is filed.
(1)
In the approval of a modification, the Board of Supervisors
may impose such conditions as will, in its judgment, secure substantially
the objectives of the standards and requirements of the chapter.
(2)
The decision of the Board of Supervisors shall be in writing
and shall be communicated to the applicant personally or mailed to
him at his last known address not later than 15 days following the
decision.
(3)
The written decision of the Board of Supervisors shall cite
the findings and reasons for its action on the request for modification.
E.
All modifications approved by the Township, along with all conditions
of approval set forth by the Township, shall be clearly defined and
entered on the approved stormwater management plan.
