[Amended 6-8-2010 by Ord.
No. 172; 4-8-2014 by Ord. No. 198-2014]
A.
The following regulated activities are specifically exempt from the SWM Site Plan preparation and submission requirements articulated in Section § 93-13 and Article IV of this chapter:
(1)
The cumulative installation of 1,000 or fewer square feet of impervious surface coverage proposed after April 8, 2014; provided that the activities meet the requirements of § 93-19B below.
(2)
Agricultural activity (see definition) provided the activities are
performed according to the requirements of 25 Pa. Code Chapter 102.
The construction of new buildings or impervious areas is not considered
an agricultural activity.
(3)
Forest management and timber operations (see definitions) provided
the activities are performed according to the requirements of 25 Pa.
Code Chapter 102.
(4)
Conservation practices being installed as part of the implementation
of a conservation plan written by an NRCS certified planner.
(5)
Use of land for domestic gardening and landscaping of the property.
(6)
Agricultural high tunnels (as defined in Article II, § 93-11), if the following requirements are met:
[Added 7-14-2020 by Ord.
No. 223-2020]
(a)
The high tunnel or its flooring does not result in an impervious
surface area exceeding 25% of all structures located on the owner's
total contiguous land area, or 5,000 square feet, whichever is greater;
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%; or
[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 the requirements
of this chapter.
B.
Exemption requirements.
(1)
An applicant proposing the cumulative installation of 1,000 square feet or less of impervious surface coverage since April 8, 2014, may be exempt from the design, plan submittal and processing requirements of Articles III and IV of this chapter. No person or activity is exempted from compliance with § 93-32 and Articles VI, VIII, and IX of this chapter. Exemptions do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other code, law, regulation, or ordinance. Exemption shall not relieve an applicant from implementing such measures as necessary to meet compliance with any NPDES permit requirements. Any exemption based on false, misleading, or erroneous information provided by an applicant is void without the necessity of any proceedings for revocation. Any work undertaken or use established pursuant to such permit or other authorization is unlawful.
(2)
The determination of whether a project qualifies for an exemption
will be made by the Township Engineer at the time a building permit,
zoning permit, land development or other permit application is submitted
to the Township.
(3)
Impervious area shall include all impervious and semi-impervious
areas as defined by this chapter.
(4)
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.
(5)
Existing, unimproved lots of record in the Township shall not be
eligible to qualify for an exemption as specified under this chapter.
(6)
The Township may recommend imposing additional conditions to the
approval of an exemption under this section where he or she feels
it is necessary to protect a down-gradient property owner, the public
health, safety or welfare of Township residents or where an existing
drainage problem is located in the vicinity of the proposed project.
For projects under this scenario, the Township Engineer shall forward
a report of the recommendations to the Township Board of Supervisors
who shall make the final decision in these situations.
(7)
All cumulative new impervious areas will be tracked by the Township.
If a permit application is submitted that proposes new impervious
areas which exceed the maximum allowed for an exemption to be approved,
the applicant must provide stormwater management controls to address
the entire impervious area proposed within that application.
C.
Small projects.
(1)
Regulated activities that, measured on a cumulative basis from April
8, 2014, create additional impervious areas of more than 1,000 square
feet and less than 5,000 square feet, or involve earth disturbance
activity of an area less than 5,000 square feet and do not involve
the alteration of stormwater facilities or watercourses are considered
small projects and shall follow the process herein, provided the following
criteria are met:
(a)
Impervious area shall include all impervious and semi-impervious
areas as defined by this chapter.
(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)
Existing, unimproved lots of record in the Township shall not
be eligible to be considered a small project as specified under this
chapter.
(d)
The Township may recommend imposing additional conditions to
the approval of a small project application under this section where
he or she feels it is necessary to protect a downgradient property
owner, the public health, safety or welfare of Township residents
or where an existing drainage problem is located in the vicinity of
the proposed project. For projects under this scenario, the Township
Engineer shall forward a report of the recommendations to the Township
Board of Supervisors who shall make the final decision in these situations.
(e)
All cumulative new impervious areas will be tracked by the Township.
If a permit application is submitted that proposes new impervious
areas which exceed the maximum allowed for the project to be considered
a small project, the applicant must provide a SWM site plan compliant
with all requirements of this chapter.
(2)
Anyone proposing a small project shall submit three copies of the
small project application to the Township.
(3)
The small project application shall be submitted in a format that
is clear, concise, legible, neat and well organized and shall include:
(a)
Small project application form (Appendix A).[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(b)
Small project sketch plan including the following:
[1]
Name and address of landowner (and/or developer).
[2]
Date of submission.
[3]
Name of individual and/or firm that prepared the sketch if different
than landowner/developer.
[4]
Location and square footage of proposed impervious area or land
disturbance.
[5]
Approximate footprint and location of all structures on the
subject property and structures on adjacent properties located within
50 feet of the proposed impervious area or land disturbance.
[6]
Approximate location of existing stormwater management facilities,
if present.
[7]
Location and description of proposed stormwater management facilities.
[8]
Direction of proposed stormwater discharge (e.g., with arrows).
[9]
Indication of how the property is graded (e.g., with arrows
pointing downslope).
[10]
Scale and North arrow.
(c)
Filing fee per current fee schedule.
D.
Erosion and sediment control plan approval.
(1)
Any project qualifying for an exemption under § 93-19A above, but having a limit of disturbance in excess of 5,000 square feet, shall be required to obtain a letter of adequacy from the Lancaster County Conservation District as a condition of the granting of an exemption from preparation and approval of a SWM site plan.
(2)
Any small project with a limit of disturbance in excess of 5,000
square feet shall be required to obtain a letter of adequacy from
the Lancaster County Conservation District as a condition of approval
of the small project application.
[Amended 4-8-2014 by Ord.
No. 198-2014]
Prior to the final approval of any subdivision or land development plan, the issuance of any permit or the commencement of any development within the jurisdiction of this chapter, the developer shall submit a stormwater management plan to the Township for approval. All activities regulated by § 93-5 of this chapter and governed by the Act 167 Plan shall prepare a stormwater management site plan. Incomplete submissions shall be returned to the applicant within seven days, along with a statement that the submission is incomplete, and stating the deficiencies found. Otherwise, the application shall be deemed accepted for filing as of the date of submission. Acceptance shall not, however, constitute a waiver of any deficiencies or irregularities. The applicant may appeal Brecknock Township's decision not to accept a particular application in accordance with § 93-42 of this chapter. The following items shall be included in the stormwater management site plan:
A.
General.
(1)
The SWM site plan shall consist of a narrative and all applicable
calculations, maps, plans and supplemental information necessary to
demonstrate compliance with this chapter.
(2)
All landowners of land included in the SWM site plan shall be required
to execute all applications and final documents.
(3)
All SWM site plans shall be prepared by a qualified person.
(4)
Where the regulated activity constitutes subdivision or land development
as hereinabove defined, the SWM site plan shall be submitted with
and form an integral part of the plans required under the Municipal
Subdivision and Land Development Ordinance.[1]
(5)
A note on the SWM site plan shall refer to the associated computations
and erosion and sedimentation control plan by title and date. The
cover sheet of the E&S plan shall refer to the associated SWM
site plan by title and date.
(6)
All SWM site plan materials shall be submitted to the Township or
its designee in a format that is clear, concise, legible, neat and
well organized.
B.
Drawings or map(s) of the project area shall be drawn
at one inch equals 50 feet or larger scale and shall be submitted
on twenty-four-inch by thirty-six-inch sheets and shall be prepared
in a form that meets the requirements for recording for the Office
of the Recorder of Deeds of Lancaster County. These drawings shall
be in conformance with the applicable subdivision and land development
regulations. The contents of the map(s) shall include, but not be
limited to:
(1)
Each sheet shall be numbered to show the relationship to the total
number of sheets in the plan (e.g., Sheet 1 of 5). If the plan is
prepared in two or more drawing sheets, a key map showing the location
of the sheets and a match line shall be placed on each sheet.
(2)
A location map, drawn to a scale of a minimum of one inch equals
2,000 feet, related the plan to municipal boundaries, at least two
intersections of road centerlines, or other identifiable landmarks.
(3)
Existing contours at intervals of one or two feet.
In areas of steep slopes (greater than 20%), five-feet contour intervals
may be used.
(4)
Existing streams, lakes, ponds, or other bodies of
water within the project area. Other physical features including flood
hazard boundaries, wetlands, sinkholes, streams, existing drainage
courses, areas of natural vegetation to be preserved, and the total
extent of the upstream area draining through the development site.
(5)
The locations of all existing utilities (include on-lot disposal
systems, replacement drainfield easements, wells and stormwater management
facilities), sanitary sewers, water lines and associated easements.
(6)
An overlay showing soil names and boundaries.
(7)
Proposed changes to the land surface and vegetative
cover, including the type and amount of impervious area that would
be added.
(8)
Proposed structures, roads, paved areas, buildings, and other impervious
and semi-pervious areas.
(9)
Final proposed contours at intervals of one or two
feet. In areas of steep slopes (greater than 20%), five-feet contour
intervals may be used.
(10)
The name of the development, the name and address
of the owner of the property, and the name of the individual or firm
preparing the plan.
(11)
The file or project number assigned by the firm that prepared the
plan.
(12)
The date of the SWM site plan and latest revision, graphic scale,
written scale and North arrow.
(13)
A North arrow.
(14)
The total development site boundary and size with
distances marked to the nearest foot and bearings to the nearest degree.
(15)
Existing and proposed land use(s).
(16)
A key map showing all existing man-made features 200
feet beyond the development site boundary that could be affected by
the project.
(17)
Plan and profile drawings, with supporting details, of all proposed
SWM facilities, including BMPs, drainage structures, pipes, open channels
and swales.
(18)
Overland drainage paths.
(19)
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 and a note informing the owner
that the Township shall have the right of entry for the purposes of
inspecting all stormwater conveyance, treatment or storage facilities.
(20)
For stormwater management facilities that would be located off site, a note on the plan referencing a recorded stormwater maintenance agreement which indicates the location and responsibility for maintenance of the off-site facilities. All off-site facilities shall meet the performance standards and design criteria specified in this chapter. See § 93-30, "Maintenance agreement for privately owned stormwater facilities," for maintenance of on-site facilities.
(21)
A statement, signed by the landowner, acknowledging
the stormwater management system to be a permanent fixture that can
be altered or removed only after approval of a revised plan by Brecknock
Township.
(22)
The following signature block:
|
"I, [design engineer], on this date [date of
signature], have reviewed and hereby certify that the stormwater management
site plan meets all design standards and criteria of the Conestoga
River Watershed Act 167 Stormwater Management Ordinance."
|
(23)
The location of all erosion and sedimentation control
facilities.
(24)
A note on the plan shall indicate that the stormwater management
easements allow Brecknock Township the right, though not the responsibility,
to perform needed maintenance and/or repairs and backcharge the owner
or lien the property of the owner.
C.
Supplemental information.
(1)
A written description of the following information
shall be submitted:
(a)
General description of the development site, including a description
of existing natural and hydrologic features and any environmentally
sensitive areas.
(b)
Complete hydrologic, hydraulic, and structural computations
for all SWM facilities.
(c)
General description of the overall SWM concept for the project,
including a description of permanent SWM techniques, nonstructural
BMPs to be employed and construction specifications of the materials
to be used for structural SWM facilities. The narrative shall include
a description of any treatment trains and how the facilities are meant
to function with each other to manage stormwater runoff.
(d)
Expected project time schedule.
(2)
A soil erosion and sedimentation control plan, including
all reviews and approvals, as required by PA DEP or the Lancaster
County Conservation District.
(3)
In areas of carbonate geology, a detailed geologic evaluation prepared
by a registered professional geologist (PG) must be submitted as part
of the SWM site plan. The report shall include, but not limited to
the following:
(4)
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 development
site.
(5)
A declaration of adequacy/highway occupancy permit
from the PA DOT District Office when utilization of a PA DOT stormwater
facility is proposed.
(6)
For any activities that require a DEP joint permit application and
are regulated under Chapter 105 or Chapter 106, require a PennDOT
highway occupancy permit, or require any other permit under applicable
state or federal regulations, the permit(s) shall be part of the SWM
site plan and must be obtained prior to unconditional final plan approval.
D.
Stormwater management facilities.
(1)
All stormwater management facilities must be located
on a map and described in detail.
(2)
Plans for groundwater recharge facilities must show
the locations of existing and proposed septic tank infiltration areas
and wells. A minimum fifty-foot separation from on-lot disposal system
(OLDS) infiltration areas is required. Infiltration rates shall be
based upon perk and probe tests conducted at the site of the proposed
facility.
(3)
All calculations, assumptions and criteria used in
the design of the stormwater management facilities must be shown.
If multiple facilities are used in conjunction with each other, such
as infiltration best management practices with vegetation-based management
practices, a summary narrative shall be included describing any sequencing
and how the facilities are meant to function with each other to manage
stormwater runoff.
For the purpose of complying with this chapter,
the steps below shall be followed for stormwater management site plan
submission. For any activities that require a PA DEP joint permit
application and regulated under Chapter 105 or Chapter 106 of PA DEP's
rules and regulations; require a PA DOT highway occupancy permit,
or require any other permit under applicable state or federal regulations,
the permit(s) shall be part of the stormwater management site plan.
A.
Any developer proposing to engage in a regulated activity
shall submit four copies of the stormwater management site plan to
Brecknock Township or its designee.
A.
The municipality or its designee shall review the
stormwater management site plan for consistency with the adopted Act
167 Plan. The municipality or its designee shall require receipt of
a complete plan, as specified in this chapter.
(1)
The
municipality shall notify the applicant in writing within 45 days
whether the SWM site plan is approved or denied.
[Added 11-8-2022 by Ord. No. 231-2022]
(2)
If
the municipality disapproves the SWM site plan, the municipality will
state the reasons for the disapproval, in writing. The municipality
may also approve the SWM site plan with conditions and, if so, shall
provide the acceptable conditions for approval, in writing.
[Added 11-8-2022 by Ord. No. 231-2022]
B.
In the case of a subdivision or land development,
the municipal engineer shall review the stormwater management site
plan for conformance with the municipal subdivision and land development
ordinance (if any) for all provisions not superseded by this chapter.
C.
For regulated activities requiring a PA DEP joint
permit application, the municipality or its designee shall notify
PA DEP whether the stormwater management site plan is consistent with
the Act 167 Plan and forward a copy of the review letter to the municipality
and the developer. PA DEP may consider the municipality or its designee's
review comments in determining whether to issue a permit.
D.
[1]Brecknock Township's approval of a stormwater management site plan shall be valid for a period not to exceed one year unless a schedule is submitted and approved for a longer period of time as part of the approval process. This one-year time period shall commence on the date that Brecknock Township approves the stormwater management site plan. If stormwater management facilities included in this approved stormwater management site plan have not been constructed, or if an as-built survey of these facilities has not been approved within this one-year time period, then Brecknock Township may consider the stormwater management site plan disapproved and may revoke or suspend any and all permits. Stormwater management site plans that are considered disapproved by Brecknock Township or its designee shall be resubmitted in accordance with § 93-21 of this chapter.
[1]
Editor’s Note: Former Subsection D, regarding approved
declaration of adequacy/highway occupancy permits, as amended, was
repealed 4-8-2014 by Ord. No. 198-2014.
E.
The developer shall be responsible for completing an as-built survey
of all stormwater management facilities included in the approved stormwater
management site plan and submitting it to the municipality or its
designee for final approval. Stormwater as-builts shall include profiles
and plan views of all storm sewer piping including location, rim/grate
elevations, size, material, slopes, and inverts, as well as sufficient
stormwater facility data, including volumes, spillway length and elevation,
berm elevation, and other data necessary to verify the as-built calculations.
Stormwater as-built calculations shall be provided for each stormwater
facility to ensure the ordinance and design requirements have been
met.
[Added 4-9-2013 by Ord. No. 187-2013]
A.
Certain modifications to a stormwater management site plan after submission but before approval shall require a resubmission of the modified stormwater management site plan consistent with § 93-21 of this chapter and be subject to review as specified in § 93-22 of this chapter. The modifications which would require a resubmission include, but are not limited to, the following:
(1)
A change in stormwater management facilities or techniques.
(2)
The relocation or redesign of stormwater management
facilities.
(3)
Modifications that are necessary because soil or other
conditions are not as stated on the stormwater management site plan
(as determined by the municipality or its designee or the Municipal
Engineer).
B.
Any modification to a stormwater management site plan
after approval shall be submitted to the municipality or its designee,
accompanied by the applicable review fee.
