A.
It shall be unlawful to commence any regulated activity or regulated
minor activity prior to submission and unconditional approval of a
stormwater management plan and issuance of a stormwater management
permit under this chapter.
B.
Where individual on-lot land disturbance activities have been addressed,
approved, and noted as such in a previously approved stormwater management
plan related to a project, subsequent applications for building permits
for each individual lot shall comply with said plan. In these cases,
it shall not be necessary for the developer to resubmit a stormwater
management plan concurrent with applications for a building permit,
provided the proposed grading of the lot and location and sizes of
houses, driveways, and stormwater management facilities of any type
are still adequate and applicable, and the assumptions of the original
stormwater calculations are still valid as determined by the Township
Engineer.
C.
In all other cases of regulated activities, or in cases where a developer
as in the above wishes to alter grading, building locations, or the
on-lot stormwater management system, the developer shall submit a
stormwater management plan. This plan shall accompany the application
for a building permit and shall demonstrate that all land disturbance
activities related to the building construction shall comply with
the performance standards and any other applicable provisions of this
chapter.
The following activities are specifically exempt from the requirements
of this chapter to submit and obtain approval of a stormwater management
plan or a stormwater management permit.
A.
All projects which fall under the exemption criteria in Appendix
A.[1] The exemption criteria in Appendix A shall apply to the
entire project even if development is to take place in stages.
[1]
Editor's Note: Appendix A, Exemptions, is included as an attachment to this chapter.
B.
Use of land for gardening and landscaping of the property; provided,
however, that agricultural operations shall not be considered gardening
or landscaping, and that said landscaping or gardening in no way affects
and/or alters any stormwater management facility.
C.
Township capital improvement projects.
The following items shall be included as part of the application
for approval of a stormwater management plan:
A.
Plans which shall be either black-and-white or blue-and-white prints. The sheet sizes shall be no larger than 30 inches by 42 inches, provided that the plan for recording (if required) is drawn to scale and is no larger than 24 inches by 36 inches and shall be consistent with the requirement of Chapter 435, Subdivision and Land Development. (Plans shall be legible in every detail.) The plans shall show the following information:
(1)
Proposed name or identifying title of project.
(2)
Name and address of the landowner and developer of the project site.
(3)
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
20, 30, 40 or 50 feet to the inch.
(4)
Total acreage of the project site and the tract of land on which
the project site is located.
(5)
The project location on a 7.5 minute USGS map, for the purpose of
locating the project 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 project site is proposed
to be developed.
(6)
Certificate for approval. See form of certificate in Appendix E.[1]
[1]
Editor's Note: Appendix E is included as an attachment to this chapter.
B.
All stormwater management plans shall include the following existing
features:
(1)
Tract boundaries showing distances, bearings and curve data, as located
by field survey or by deed plotting.
(2)
Existing contours at vertical intervals of two feet for land with an average natural slope of 4% or more and at vertical intervals of one foot for more flat land; in the event that contours are not required by Chapter 435, Subdivision and Land Development, no contours shall be required; however, the plan should indicate the natural drainage patterns of the site along with the approximate grades of all slopes. Where contours are shown, the location of the benchmark and the datum used shall also be indicated.
(3)
The names of all owners of all immediately adjacent properties, the
names of all proposed or existing projects immediately adjacent, and
the locations and dimensions of any streets or easements shown thereon.
(4)
The names, locations and dimensions of all existing streets, railroads,
watercourses, wetlands (both state and federal jurisdiction), drainage
facilities, floodplains, water wells, on-lot sewage disposal systems
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.
(5)
Soil types, including depth, slope, texture, and structure, as designated
by the soil survey.
(6)
Hydrologic soil group classifications and soil rated permeabilities
in inches per hour where stormwater management facilities are proposed.
(7)
Soil constraints including depth to bedrock and depth to seasonal
high water table.
(8)
Geologic formations underlying the project area and extending 50
feet beyond all property boundaries. Mined or suspected mine areas.
(9)
Aquifer characteristics of formations, highlighting special formations
such as carbonate areas.
(10)
Soil structures and engineering properties shall be provided
for all proposed groundwater recharge systems, and detention basins,
which: hold two acre feet or more of water; or have an embankment
that is six feet or more in height. The following requirements apply
to all proposed groundwater recharge methods of stormwater management:
(a)
Representative percolation tests must be made throughout the
proposed area. At least one percolation test must be included in each
soil group on the site. Testing, in general, should follow the same
guidelines as for an on-lot septic system.
(b)
Seepage pits, beds, or trenches shall not be permitted for any
proposed development, without prior approval of the Township Engineer.
(c)
Calculations considering percolation rate and volume of stone
voids to establish seepage pit size.
(d)
Design must follow Township standard detail for seepage pits.
(11)
Existing and proposed easements and rights-of-way.
C.
All stormwater management plans shall include the following proposed
features:
(1)
The proposed land use, the number of lots and dwelling units and
the extent of commercial, industrial or other nonresidential uses.
(2)
Calculations, assumptions, criteria, methodology, and references
used in the design of stormwater management facilities, the establishment
of capacities, and the predevelopment and post-development peak discharge.
This information shall include data on all subwatersheds.
(3)
The locations and dimensions of all proposed streets, parks, playgrounds,
and other public areas, sewer and water facilities (including water
wells and on-lot sewage disposal systems), underground utilities,
lot lines and building locations, and parking compounds and other
impervious and semipervious surfaces.
(4)
The proposed changes to land surface and vegetative cover including
areas to be cut or filled.
(5)
For all basins, a plotting or tabulation of the storage volumes and
discharge curves with corresponding water surface elevations, inflow
hydrographs, and outflow hydrographs.
(6)
Final contours at vertical intervals of two feet for land with an
average natural slope of 4% or less and at vertical intervals of five
feet for more steeply sloping land. Where existing contours are not
shown, arrows sufficient to indicate general surface runoff flow patterns
within each lot shall be shown.
(7)
Finished elevations on tops of curbs at lot lines projected and lot
corners. Elevations shall be shown to the nearest tenth of a foot.
(8)
Minimum lowest floor elevations shall be provided for all lots located
within or along a one-hundred-year floodplain.
(9)
Details of design accurate in every way and consistent with plans
and profiles.
D.
All stormwater management plans shall identify the following stormwater
management facilities:
(1)
All storm sewers along with any proposed connections to existing
stormwater management facilities.
(2)
Groundwater recharge methods such as infiltration pits, beds or trenches.
When these infiltration structures are used, the locations of septic
tank infiltration areas and wells must be shown.
(3)
Other control devices or methods such as rooftop storage, grass swales,
parking lot ponding, vegetated strips, and detention or retention
basins. Also include the installation of infiltration facilities,
cisterns, infiltration pits, french drains, etc., to serve individual
buildings.
(4)
Plans, profiles, details, and spot evaluations, and locations drawn
to scale, of all proposed stormwater management facilities and conveyance
and groundwater recharge, 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 swales and open
channels shall have center-line invert elevations shown every 100
feet and at changes in grade.
(5)
When the developer proposes to develop the project in sections/phases,
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/phase. This generalized plan shall demonstrate
how the stormwater of the proposed section/phase will relate to the
entire project. The amount and velocity at the discharge point of
the section/phase shall be included in the data submitted. If temporary
facilities are required for construction of a section/phase, such
facilities shall be included in the submitted plans.
(6)
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 for public use, and that
no alteration to swales, or basins, or placement of structures shall
be permitted within easements.
(7)
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 form of certificate in Appendix E.[2]
[2]
Editor's Note: Appendix E is included as an attachment to this chapter.
(8)
In the event of a subdivision plan where the exact impervious surface
is not known, provide a note on the plan indicating the assumed square
footage of each of impervious surface and semipervious surface coverage
and percentage of each of impervious surface and semipervious surface
coverage for each lot. Where assumed impervious surface or semipervious
surface coverage for each lot is different a chart should be added
to the plan set indicating assumed impervious surface and semipervious
surface coverage for each lot.
E.
Erosion and sedimentation controls.
(1)
The type, location and extent of all erosion and sedimentation control
measures shall be shown on an erosion and sedimentation control plan
that conforms to the requirements of Part IV of the DEP Soil Erosion
and Sedimentation Control Manual, as a minimum, and as approved by
the York County Conservation District.
(2)
No regulated earth disturbance activities within the municipality
shall commence until approval by the municipality of an erosion and
sediment control plan for construction activities.
(3)
The Pennsylvania Department of Environmental Protection (DEP) has
regulations that require an Erosion and Sediment Control Plan for
any earth disturbance activity of 5,000 square feet or more, under
25 Pa. Code § 102.4(b).
(4)
In addition, under 25 Pa. Code Chapter 92a, a DEP "NPDES Construction
Activities" permit is required for any earth disturbance one acre
of more with a point source discharge to surface waters or the municipality's
storm sewer system, or five acres or more, regardless of the planned
runoff (hereinafter collectively referred to as "regulated earth disturbance
activities"). This includes earth disturbance on any portion of, part
of, or during any stage of, a larger common plan of development.
(5)
Evidence of any necessary permit(s) for regulated earth disturbance
activities from the appropriate DEP regional office or County Conservation
District must be provided to the municipality.
(6)
A copy of the erosion and sediment control plan and any required
permit, as required by DEP regulations, shall be available at the
project site at all times.
F.
Written report, following the standard format for stormwater reports
as maintained by the Township Engineer, including the following information:
(1)
An accurate project description, including the purpose and relationship
to the objectives of this chapter and expected start and completion
dates for the project, and a summary table following the standard
format for summary tables as maintained by the Township Engineer.
(2)
An accurate description of stormwater management, both during and
after construction, and stormwater runoff design considerations and
calculations for both predevelopment and post-development conditions,
including stormwater management BMPs to be applied both during and
after development. Include the method of calculations and the factors
considered. This should indicate, as appropriate, measures for groundwater
recharge and facilities for site restoration and long-term protection.
(3)
An erosion and sedimentation control plan narrative that conforms
to the requirements of Part IV of the DEP Soil Erosion and Sedimentation
Control Manual.
(4)
A geologic assessment of the effects of runoff on sinkholes or mining
areas, as specified in this chapter.
(5)
The effect of the project (in terms of runoff volumes and peak flows)
on adjacent properties and on any existing municipal stormwater collection
system that may receive runoff from the project site.
(6)
A declaration of adequacy and highway occupancy permit from the PennDOT
District Office when utilization of a PennDOT storm drainage system
is proposed.
(7)
Description of ownership and maintenance program.
(a)
Description of an ownership and maintenance program, in a form
that can be incorporated into a stormwater easement agreement at the
Recorder of Deeds for York County. This form shall clearly set forth
the ownership and maintenance responsibilities for all temporary and
permanent stormwater management facilities, which shall include the
following:
[1]
Description of the method and extent of the maintenance requirements.
Operation and maintenance plans shall outline required routine maintenance
actions and schedules necessary to insure proper operation of the
facility(ies).
[2]
Identification of an individual, corporation, association or
other entity responsible for ownership and maintenance.
[3]
When maintained by a private entity, a copy of the legally binding
document which provides that the Township shall have the right to:
[a]
Inspect the facility at any time.
[b]
Require the private entity to take corrective measures
and assign the private entity reasonable time periods for any necessary
action.
[c]
Authorize maintenance to be done by the Township
or an agent or contractor of the Township. If the owner fails to maintain
the stormwater control facilities following due notice by the municipality
to correct the problem(s), the municipality may perform the necessary
maintenance work or corrective work and the owner shall reimburse
the municipality for all costs. The Township shall have the right
to lien the cost of the work against the properties of the private
entity responsible for the maintenance.
[4]
Establishment of suitable easements for access to stormwater
management facilities, and to insure the facilities are protected
from activities that would change their function.
[5]
When an assignment of responsibility is offered to the Township,
it must include an acknowledgement of the Township's formal acceptance
of the responsibility.
(b)
This document shall be recorded in the Office of the Recorder
of Deeds for York County. In all cases, the document shall be recorded
prior to issuance of a building permit.
(8)
The time schedule for land disturbance activities, including cover
removal, including all cuts and fills, installation of erosion and
sediment control facilities and practices; installation of improvements,
including streets, storm sewers, underground utilities, sewer and
water lines, buildings, driveways, parking areas, recreational facilities,
landscaping, and other structures; program of operations to convert
erosion and sedimentation controls to permanent stormwater management
facilities, including a chart of the relative time sequence of activities.
The proposed stormwater management facilities must be completed prior
to the construction of additional impervious areas.
(9)
Written report shall be bound in adequately sized three-ring binder
labeled on the spine with relevant project information, and follow
the standard report format and stormwater management summary as shown
in Appendix H,[3] unless otherwise approved by the Township Engineer.
[3]
Editor's Note: Appendix H is included as an attachment to this chapter.
G.
For any activities that require a PADEP Permit under Chapter 102
(Erosion and Sedimentation Control), Chapter 105 (Dam Safety and Waterway
Management) or Chapter 106 (Floodplain Management) of PADEP regulations,
require a PennDOT highway occupancy permit, or require any other permit
under applicable state or federal regulations, the permit(s) application(s)
shall be part of the plan submittal.
H.
Financial Security for the completion of stormwater management facilities as set forth in Article V of this chapter.
I.
At the determination of the Township Engineer, proof of liability
insurance and other ameliorative measures as deemed necessary.
J.
The written report and all calculations must be consistent with the
information shown in plans and vice versa.
A.
The developer shall submit four copies of the stormwater management plan application, including all supporting information required in § 428-19, and the filing fee established by ordinance or resolution to the Township.
B.
The Township shall act upon all applications for stormwater management
plan approval within 90 days after the developer submits the application
or within such extension of time as the developer may grant.
C.
The Township shall submit all applications to the Township Engineer
for review and recommendations. The Township Engineer shall submit
a report to the developer and the Township after reviewing the stormwater
management plan and supporting documentation. For land development
activities requiring a PADEP permit or other approval, the Township
Engineer shall, if necessary, notify PADEP whether the plan is consistent
with this chapter. PADEP may consider the Township Engineer's
review comments in determining whether to issue a permit.
D.
Where revisions to the stormwater management (SWM) site plan are necessary in order to meet the performance standards set forth in Article III, the developer shall discuss the contents of the report with the Township Engineer. The developer shall submit a revised stormwater management plan and supporting information to the Township. For NPDES permitted sites, any revised SWM site plan shall also be resubmitted to the York County Conservation District for review.
E.
The Township Engineer shall review the revisions and issue a supplementary
report to the developer and the Township.
F.
If the Township Engineer determines that the stormwater management
plan still fails to satisfy all requirements of this chapter, he shall
so indicate in his supplementary report and shall specify those items
not in compliance with this chapter.
G.
The Township Engineer shall issue stormwater permits that are not
associated with a land development plan. Otherwise, Board of Supervisor's
approval of a land development shall constitute issuance of a stormwater
permit.
H.
The Board of Supervisors shall take formal action to approve or disapprove
the stormwater management plan. The Township shall communicate the
action of the Board of Supervisors on the stormwater management plan
application to the developer either personally or by mail at the developer's
last known address.
I.
The applicant shall be responsible for completing an "as-built survey"
of all stormwater facilities included on the approved plan. The as-built
survey, and an explanation of any discrepancies with the plan, shall
be submitted to the Township Engineer for final approval. Any discrepancies
on the plan that affect discharge rates or capacities shall be quantified
by the developer.
J.
The Township's approval of a permit associated with a land development shall be valid for a period of five years. This five-year time period shall commence on the date that the Township signs the approved plan. If stormwater facilities included in the approved plan have not been constructed, or if an as-built survey of these facilities has not been approved within the five-year time period, then the Township may consider the plan disapproved and may revoke any and all Township permits and approvals. Plans that are considered disapproved by the Township shall be resubmitted in accordance with § 428-19 of this chapter. Stormwater permits issued independently from a land development plan shall expire as determined by the Township.
A.
Township approval of a stormwater management plan shall not be construed
as an indication that the stormwater management plan complies with
the standards of any agency of the commonwealth.
B.
Where individual on-lot land disturbance activities have been addressed,
approved, and noted as such in a stormwater management plan related
to a subdivision or land development, building permit applications
for each individual lot shall comply with said plan. In these cases,
it shall not be necessary for the developer to resubmit a stormwater
management plan concurrent with applications for a building permit,
provided the proposed grading of the lot and the locations and sizes
of structures, driveways, and stormwater management facilities of
any type are still adequate and applicable and the assumptions of
the original stormwater calculations are still valid.
Any person desiring to commence a regulated minor activity shall
submit the following to the Township for the review and approval.
If the Township determines that the work proposed constitutes a regulated
minor activity and complies with all applicable provisions of this
chapter, the Township may issue a stormwater management permit.
A.
Name, address, and phone number of the developer and, if different,
of the property owner.
C.
A plan including the following information:
(1)
Sketch of the project site, including existing and proposed impervious
surfaces and semipervious surfaces.
(2)
Location of property boundaries.
(3)
Existing and proposed land use.
(4)
Zoning district and required setbacks.
(5)
Approximate location of existing and proposed utilities, sanitary
sewers, and water lines within approximately 50 feet of property lines.
(6)
Approximate location of existing and proposed easements.
(7)
Location of existing watercourses on the project site.
(8)
Location of all existing and proposed stormwater management facilities
on the project site.
(9)
Location of existing and proposed roof downspouts.
(10)
Location of existing stormwater management facilities on adjoining
properties that have the potential to affect stormwater flow on the
project site.
(11)
Arrows indicating direction of existing and proposed stormwater
flow across the project site.
D.
The following information shall be provided for infiltration structures:
(1)
Length, width, and depth of infiltration structure.
(2)
Flow arrows indicating how stormwater is directed to the infiltration
structure.
(3)
Sketch of infiltration structure, including any pipes or inlets.
(4)
Required and proposed storage volume of infiltration structure.
(5)
Infiltration structures shall be constructed in accordance with the
details shown in Appendix F.[1]
[1]
Editor's Note: Appendix F is included as an attachment to this chapter.
(6)
Results of a percolation test taken in the area of the proposed infiltration
structure.
(7)
Verification of a minimum of four feet of soil between the bottom
of the proposed infiltration structure and bedrock.
(8)
Verification of a minimum of four feet of soil between the bottom
of the proposed infiltration structure and the seasonal high water
table.
E.
The following should be provided for aboveground retention facilities:
(1)
Length, width, and depth of facility.
(2)
Flow arrows indicating how stormwater is directed to facility.
(3)
Required and proposed storage volume of facility.
(4)
Results of a percolation test taken in the area of the proposed facility.
(5)
Verification of a minimum of four feet of soil between the bottom
of the proposed facility and bedrock.
(6)
Runoff shall be stored to a depth of no more than one foot.
(7)
Berms shall be constructed with a minimum base of five feet and a
top width of one foot.
F.
The required storage volume for infiltration structures shall be calculated using Standard 1 (Simplified Method CG-2 in the BMP Manual) noted in § 428-17. The area contributing to the infiltration structure facility shall be limited to proposed impervious surface only.
G.
Highway occupancy permit (if required).
H.
Erosion and sedimentation plan and approval letter from the Conservation
District, when requested by the Township.
A.
The developer shall reimburse the Township for all legal and engineering
fees incurred in the review of the stormwater management plan or stormwater
management permit application and supporting documents, review of
agreements for maintenance of stormwater management facilities, review
of easement agreements, and inspection of stormwater management facilities.
The developer shall deposit the estimated review and inspection fees
with the Township at the time of application.
B.
In the event that developer disputes the amount of such review fees,
the developer shall, within 30 days of the filing date, notify the
Township that such fees are disputed, in which case the Township shall
not delay or disapprove a stormwater management plan or stormwater
management permit application due to the developer's request
over disputed fees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Discharges which may be allowed, based on a finding by the municipality
that the discharge(s) do not significantly contribute to pollution
to surface waters of the commonwealth, are:
(1)
Discharges from firefighting activities.
(2)
Potable water sources including dechlorinated water line and fire
hydrant flushings.
(3)
Irrigation drainage.
(4)
Routine external building washdown (which does not use detergents
or other compounds).
(5)
Air-conditioning condensate.
(6)
Water from individual residential car washing.
(7)
Springs.
(8)
Water from crawl space pumps.
(9)
Uncontaminated water from foundation or from footing drains.
(10)
Flows from riparian habitats and wetlands.
(11)
Lawn watering.
(12)
Pavement washwaters where spills or leaks of toxic or hazardous
materials have not occurred (unless all spill material has been removed)
and where detergents are not used.
(13)
Dechlorinated swimming pool discharges.
(14)
Uncontaminated groundwater.
C.
In the event that the municipality determines that any of the discharges identified in Subsection B significantly contribute to pollution of waters of the commonwealth, or is so notified by DEP, the municipality will notify the responsible person to cease the discharge.
D.
Upon notice provided by the municipality under Subsection C, the discharger will have a reasonable time, as determined by the municipality, to cease the discharge consistent with the degree of pollution caused by the discharge.
E.
Nothing in this section shall affect a discharger's responsibilities
under state law.
F.
Any drain or conveyance, whether on the surface or subsurface, which allows any nonstormwater discharge including sewage, process wastewater, and wash water, to enter the separate storm sewer system, and any connections to the storm drain system from indoor drains and sinks is prohibited except as provide in § 428-16B above.
