Any regulated activity that meets one of the following exemption criteria is exempt from the provisions of this chapter. These criteria shall apply to the total development even if development is to take place in phases. The date of the adoption of this chapter shall be the starting point from which to consider tracts as parent tracts in which respective impervious area computations shall be cumulatively considered. Exemption shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, and property.
A. 
Regulated activities that create additional impervious areas less than or equal to 1,000 square feet are exempt from the requirements of this chapter except as provided for in Subsection F, provided that the activities meet all of the following criteria. This exemption will be applied on a cumulative basis for the parent tract as measured from the enactment date of this chapter.
(1) 
Any applicant desiring exemption from design, plan submission, and plan processing requirements shall complete an application for exemption in the form available at the Township Office and pay any applicable filing fee.
(2) 
The applicant for exemption shall provide the Township with all information necessary for the Township to determine that:
(a) 
There shall be no disturbance of land within floodplains, wetlands, environmentally sensitive areas, riparian forest buffers, or slopes greater than 15%.
(b) 
No impervious surface coverage shall be installed and no earth disturbance activity shall be conducted within any existing drainage or stormwater easement created by or shown on any recorded plan.
(c) 
The applicant shall minimize soil disturbance, take steps to minimize erosion and sedimentation during construction activity, and promptly reclaim all disturbed areas with topsoil and vegetation.
(d) 
The applicant shall take steps 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 landowners or the quality of runoff entering any storm sewer.
(f) 
The proposed impervious surface and/or grading shall not create accelerated erosion and sedimentation.
(3) 
If the proposed activity does not meet all of the criteria set forth in § 122-33A(2) above, the applicant may consider the minor land disturbance processing procedure in § 122-35.
(4) 
No applicant and no activity is exempt from complying with any state or federal requirements applicable if the subject property is located in a high quality (HQ) or exceptional value (EV) watershed.
(5) 
No applicant and no activity shall violate or cause to be violated the Federal Clean Water Act or any regulation issued thereunder, an NPDES permit, any recorded stormwater management or Operations and Maintenance Agreement, or any requirement applicable to a Municipal Separate Storm Sewer System.
B. 
Activities on lands which have a prior approved stormwater management plan, which was approved prior to the adoption of this chapter and which, in the opinion of the Township following consultation with the Township Engineer, adequately manages stormwater resulting from the proposed activities, are exempt from the requirements of this chapter that may conflict with the requirements of the stormwater management ordinance in effect at the time of the approval of the prior approved stormwater management plan.
C. 
Use of the land for gardening and landscaping of property, when performed as an accessory use of the property, are exempt from the requirements of this chapter.
D. 
Except as provided for in § 122-33F, agricultural activity when operated in accordance with a conservation plan or an erosion and sedimentation pollution control plan found to be adequate by the Conservation District and performed according to the requirements of PADEP Chapter 102. The agricultural activities such as growing crops, rotating crops, tilling of soil and grazing animals and other such activities are specifically exempt from the requirements of this chapter.
E. 
Except as provided for in § 122-33F, forest management and timber operations which are following the PADEP's management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" and are operating under an erosion and sedimentation control plan according to the requirements of PADEP Chapter 102 are specifically exempt from the requirements of this chapter.
F. 
The Township may deny or revoke any exemption pursuant to this section at any time for any project that the Township believes may pose a threat to public health, safety, property or the environment.
The following general standards shall be applied to all regulated activities to promote flow attenuation, erosion and sediment control and flood control, unless the otherwise regulated activity is specifically exempted in § 122-33.
A. 
The stormwater management site plan shall include a note on the plan informing the owner that the Township shall have the right of entry for the purposes of inspecting all stormwater conveyance, treatment, or storage facilities.
B. 
All landowners of land included in the stormwater management site plan shall be required to execute all applications and final documents.
C. 
All stormwater management site plans shall be prepared by a qualified person.
D. 
A set of stormwater management site plans approved by the Township shall be on file at the development site throughout the duration of the regulated activity. Periodic inspections may be made by the Township or designee during construction.
E. 
Stormwater management site plans shall be prepared in a form that meets the requirements for recording for the Office of the Recorder of Deeds of Lancaster County.
F. 
For all regulated earth disturbance activities, erosion and sediment control BMPs shall be designed, implemented, operated, and maintained during the regulated earth disturbance activities (e.g., during construction) to meet the purposes and requirements of this chapter and to meet all requirements under Title 25 of the Pennsylvania Code, the Clean Streams Law,[1] and the Stormwater Management Act.
[1]
Editor's Note: See 35 P.S. § 691.1.
G. 
Impervious areas.
(1) 
The measurement of impervious area shall apply to the total proposed development even if development is to take place in stages or phases.
(2) 
For development taking place in stages or phases, the entire development plan must be used in determining conformance with this chapter.
(3) 
Any areas designed to initially be gravel or crushed stone shall be assumed to be impervious.
(4) 
Existing impervious areas that are not being altered by the proposed regulated activity shall not be subject to the volume controls in § 122-48 and the peak rate controls of § 122-43S.
H. 
All regulated activities shall include such measures as necessary to:
(1) 
Protect health, safety, and property;
(2) 
Meet the water quality goals of this chapter by implementing measures to:
(a) 
Minimize disturbance to floodplains, wetlands, natural slopes, existing native vegetation and woodlands.
(b) 
Create, maintain, or extend riparian buffers and protect existing forested buffers.
(c) 
Provide trees and woodlands adjacent to impervious areas whenever feasible.
(d) 
Minimize the creation of impervious surfaces and the degradation of waters of the commonwealth and promote groundwater recharge.
(e) 
Protect natural systems and processes (drainageways, vegetation, soils, and sensitive areas) and maintain, as much as possible, the natural hydrologic regime.
(f) 
Incorporate natural site elements (wetlands, stream corridors, mature forests) as design elements.
(g) 
Avoid erosive flow conditions in natural flow pathways.
(h) 
Minimize soil disturbance and soil compaction.
(i) 
Minimize thermal impacts to waters of the commonwealth.
(j) 
Disconnect impervious surfaces by directing runoff to pervious areas wherever possible, and decentralize and manage stormwater at its source.
(3) 
To the maximum extent practicable, the techniques for low impact development (LID) practices described in the BMP manual shall be incorporated. The proposed LID practices shall be noted on the stormwater management site plan.
I. 
The design of all stormwater management facilities over karst shall include an evaluation of measures to minimize adverse effects.
J. 
Infiltration BMPs, to the extent practicable, shall be spread out, made as shallow as practicable when located above-grade, and located to maximize use of natural on-site infiltration features while still meeting the other requirements of this chapter.
K. 
Normally dry, open-top storage facilities shall completely drain the volume control storage over a period of time not less than 24 hours and not more than 72 hours from the end of the design storm. However, any infiltration at such facilities is exempt from the minimum twenty-four-hour standard, i.e. may infiltrate in a shorter period of time, provided that none of this water will be discharged into waters of this commonwealth.
L. 
Normally dry, open-top storage facilities shall completely drain the rate control storage over a period of time less than or equal to 24 hours from the peak one-hundred-year water surface design elevation.
M. 
The design storm volumes and precipitation intensities to be used in the analysis of peak rates of discharge shall be as required in § 122-45.
N. 
The applicant shall refer to the BMP manual for various BMPs and their design standards.
O. 
For any activities that are regulated under PADEP Chapter 105 or PADEP Chapter 106 or require any other permit under applicable state or federal regulations, the permit(s) shall be part of the stormwater management site plan and must be obtained prior to final plan approval.
A. 
Standard procedure.
(1) 
The minor land disturbance plan shall include a completed application (available at the Township office), 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.
(2) 
The plan need not demonstrate literal compliance with all the provisions of this chapter, however the plan shall demonstrate that the proposed activity will comply with the intent of this chapter as provided for in § 122-3.
(3) 
The minor land disturbance plan shall provide for volume control but shall not be required to provide for rate control. Additional guidance is available from the Township.
(4) 
The Township 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 Board of Supervisors.
(5) 
A completed minor land disturbance stormwater management agreement and declaration of easement (see Appendix G)[1] shall be provided prior to Township approval of the application.
[1]
Editor's Note: Appendix G is included as an attachment to this chapter.
B. 
Alternates to stormwater management site plan processing.
(1) 
Where a development site is located within the Rural Agricultural Zone (R) and has an implemented conservation plan approved by the Conservation District, 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.
(2) 
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 facility 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 facility before affecting adjacent property.
(3) 
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 facility 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 facility before affecting adjacent property.
C. 
An applicant for processing under this § 122-35B 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%. In addition there shall be no diversion or piping of any natural or man-made water course or existing drainage pattern.
The stormwater management site plan shall consist of all applicable calculations, maps and plans, including simultaneous copies of all plans, reports, and correspondence with the Conservation District. A note on the maps shall refer to the associated computations and erosion and sediment pollution control plan by title and date. The cover sheet of the computations and erosion and sediment pollution control plan shall refer to the associated maps by title and date. All stormwater management site plan materials shall be submitted to the Township in a format that is clear, concise, legible, neat and well organized.
A. 
Drafting standards. All stormwater management site plans shall be prepared in accordance with the following drafting standards.
(1) 
The plan shall be clearly and legibly drawn at a horizontal scale of 10 feet, 20 feet, 30 feet, 40 feet, or 50 feet to the inch.
(2) 
All profiles of stormwater management facilities, streets, sanitary sewer facilities, and water supply facilities shall be drawn at a horizontal scale of 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 inches by 22 inches and no larger than 24 inches 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 stormwater management site plans:
(1) 
The proposed project name or identifying title.
(2) 
The name of the Township or municipalities in which the project is located, including the location of any municipal boundaries if located within 200 feet of the subject tract.
(3) 
The name and address of the owner of the tract (or his/her 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.)
(6) 
The total acreage of the entire existing tract.
(7) 
The location of existing lot line markers along the perimeter of the entire existing tract.
(8) 
The zoning district, lot size and/or density requirements of the Township Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 145, Zoning.
(9) 
A statement on the plan indicating any prior modifications or waivers granted by the Board of Supervisors to sections of this chapter.
(10) 
The names of all adjacent landowners, both adjoining and across existing rights-of-way, along with the plan book record numbers of all previously recorded plans for adjacent properties.
(11) 
A location map, drawn to scale, relating the tract to at least two intersections of street centerlines, including the approximate distance to the intersection of centerlines of the nearest improved street intersection.
(12) 
Source of title, deed, book, page, plan book (if applicable), and tax map, block, and parcel number.
(13) 
A note indicating existing and proposed land use(s).
C. 
Existing features. The following features shall be shown on all stormwater management site plans and shall be shown on a separate sheet titled "Existing Features." No proposed features shall be included on this sheet.
(1) 
Existing contours shall be shown at the following minimum vertical intervals:
Average Natural Slope
Required Contour Interval
0 to 3%
1 foot
4 to 20%
2 foot
21% and greater
5 foot
(a) 
Contour interval may be adjusted based upon horizontal scale with concurrence of the Township Engineer.
(b) 
Contours shall be accompanied by the location of the bench mark and a notation indicating the datum used.
(c) 
Contours plotted by interpolation of Lancaster County GIS mapping or LiDAR will only be accepted when there is no new construction or earth disturbance proposed by the plan.
(d) 
Contours plotted by interpolation of the United States Geodetic Survey 7.5-minute 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 soils 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 West Hempfield Township 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) 
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.
(2) 
Easements and rights-of-way, including:
(a) 
A minimum twenty-foot wide access easement around all stormwater management facilities that would provide ingress from and egress to a public right-of-way. Easements shall be provided to allow for the collection and discharge of water, the inspection, maintenance, repair and reconstruction of the drainage facilities, and the passage of machinery for work.
(b) 
Provisions for permanent access or maintenance easements for all existing and proposed physical stormwater management facilities, such as ponds and infiltration structures, as necessary to implement the operation and maintenance (O&M) plan. All such agreements shall be duly recorded in the Office of the Recorder Deeds and shall constitute a binding permanent covenant upon the property, superior to all liens of record and not subordinate to any easement or restriction that would interfere with its provisions and the implementation thereof.
(3) 
Building setback line and building envelope.
(4) 
Identification of buildings to be demolished and all other features to be removed.
(5) 
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 Board of Supervisors shall make the final determination on the design criteria, methodology and form of presentation. The following information shall be included:
(a) 
All calculations, assumptions, criteria, and references used in the design of the stormwater management facilities, the establishment of existing facilities capacities, and the pre- and post-development discharges.
(b) 
All plans and profiles of the proposed stormwater management facilities, including the horizontal and vertical location, size, and type of material.
(c) 
For all basins, a plotting or tabulation of the storage volumes and discharge curves with corresponding water surface elevations, inflow hydrographs, and outflow hydrographs.
(d) 
The guidelines for lot grading within the subdivisions. This information shall identify the direction of stormwater runoff flow within each lot and the areas where stormwater runoff flows will be concentrated. This information shall be shown by flow arrows or topographical data.
(6) 
A statement identifying the number of square feet of impervious coverage for which stormwater management facilities have been designed for each lot.
(7) 
A statement on the plan indicating the granting of a zoning amendment, special exception or variance, if applicable, along with modifications or waivers granted by the Board of Supervisors to sections of the Subdivision and Land Development Ordinance[2] or this chapter.
[2]
Editor's Note: See Ch. 130, Subdivision and Land Development.
(8) 
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.
(9) 
Location of all percolation test holes, deep probe holes and proposed well locations.
(10) 
Easements for the on-lot sewage replacement locations.
(11) 
The location of all trees and/or woodlands on the site and location of trees and/or woodland to be removed and trees and/or woodlands to remain.
(12) 
A detailed grading plan. The grading plan shall include finished grades and ground floor elevations. This information may be provided on separate sheets.
(13) 
The location of all erosion and sedimentation control facilities.
(14) 
Identification of any lands to be dedicated or reserved for public, semi-public or community use.
(15) 
In the case of a plan which requires access to a highway under the jurisdiction of PennDOT, 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 Supervisor's approval of this plan in no way implies that such a permit can be acquired."
(16) 
A complete landscape plan showing the location, size and type of all plant material required by provisions of this chapter or any other applicable Township regulations, including, but not limited to, all vegetated stormwater BMPs. The landscape plan should be provided on separate sheets and must include the signature and seal of the registered landscape architect responsible for preparation of the plan. Invasive vegetation shall be avoided and native or naturalized 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.
(17) 
A detailed schedule of inspections during construction, as generally outlined as follows, which is tailored for the site under consideration.
(a) 
The Township shall inspect all phases of the installation of any temporary or permanent stormwater management facilities during construction. The 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 Township 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.
[5] 
After review of the as-built drawings, required by § 122-59, but prior to final release of the financial security for completion of final grading, vegetative controls required by the BMP standards, or other site restoration work.
(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 may be made at the frequency desired by the Township. At the time of any of the above listed observations, all ongoing construction (i.e. storm drainage, grading, placement of impervious surfaces, changes in ground cover, erosion control, etc.) should also be checked for compliance with the approved plans and the findings reported. Since the above inspections are mandatory, it is recommended that requests for reduction of financial security be submitted to coincide with the above inspections.
(18) 
A note indicating that as-built plans will be provided for all stormwater management facilities prior to occupancy, or the release of financial security.
A. 
Notice from the Conservation District of the approval of the erosion and sediment pollution control plan.
B. 
Written notice from the Township that all proposed improvements have been designed to the standards of the Township and that financial security and a completed improvement guarantee agreement in a form suitable to the Board of Supervisors has been received.
C. 
Such written notices of approval as may be required by this chapter, including, but not limited to, stormwater runoff to adjacent properties.
D. 
Notification from the appropriate state and federal agencies that permits have been issued, or are not required, for any proposed activities within streams, wetlands or any other state or federally regulated body of water. These permits include, but are not limited to, floodplain encroachment permits, dam safety permits, earth disturbance permits, stream encroachment permits, and general permits.
E. 
Public utility lines.
(1) 
Where the tract described in the application includes any public utility, electric transmission line, gas pipeline, or petroleum product transmission line located within the tract, the applicant shall notify, in writing, the owner or lessee of the right-of-way of his/her intentions.
(2) 
A note stating any conditions regarding the use of the land, minimum building setback or right-of-way lines shall be included on the plan.
(3) 
This requirement may also be satisfied by submitting a copy of the recorded agreement.
F. 
Natural resource easement.
(1) 
Where the land included in the subject application has an agricultural, woodland or other natural resource easement located within the tract, the application shall be accompanied by a letter from the party holding the easement stating any conditions on the use of the land.
(2) 
This requirement may also be satisfied by submitting a copy of the recorded easement.
A. 
Certificate for approval by the Township's authorized staff representative. See form of certificate in Appendix D.[1]
[1]
Editor's Note: Appendix D is included as an attachment to this chapter.
B. 
A statement, signed by the landowner, acknowledging that the stormwater BMPs are fixtures that cannot be altered or removed without prior approval by the Township. See form of certificate in Appendix E.[2]
[2]
Editor's Note: Appendix E is included as an attachment to this chapter.
C. 
A statement, signed by the landowner, referencing the operation and maintenance (O&M) agreement and stating that the operation and maintenance agreement is part of the stormwater management site plan.
D. 
The following signature block for the qualified professional preparing the stormwater management site plan: "I _____, hereby certify that the stormwater management site plan meets all design standards and criteria of the West Hempfield Township Stormwater Management Ordinance."