[Ord. No. 243, 3/19/2008]
For any of the activities regulated by this chapter, the preliminary
or final approval of subdivision and/or land development plans, the
issuance of any building or occupancy permit, or the commencement
of any earth disturbance activity may not proceed until the property
owner or applicant or his/her agent has received written approval
of a drainage plan from the Township unless the project qualifies
for an exemption from the requirements to submit a drainage plan.
[Ord. No. 243, 3/19/2008]
(a) General Exemptions. The following land use activities are exempt
from the drainage plan submission requirements of this chapter:
(1)
Use of land for gardening for home consumption.
(2)
Agricultural plowing and tilling are exempt from the rate control
and SWM site plan preparation requirements of this chapter provided
the activities are performed according to the requirements of 25 PA
Code, Chapter 102.
(3)
Forest Management and timber operations are exempt from the
rate control and SWM site plan preparation requirements of this chapter
provided the activities are performed according to the requirements
of 25 PA Code, Chapter 102.
(b) Stormwater Quantity Control Exemption. Any regulated activity that meets the impervious area exemption criteria in Table 402-1 shall not be required to implement the stormwater quantity controls, specified in §
25-308 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 future subdivisions and respective impervious area computations shall be cumulatively considered.
Impervious areas existing on the "parent tract" prior to adoption
of this chapter shall not be considered in cumulative impervious area
calculations for exemption purposes.
Table 402-1
Impervious Area Exemption Criteria
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Total Parcel Size
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Impervious Area Exemption
(square feet)
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0 to < 0.125 ac
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1,000
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0.125 to < 0.5 ac
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2,500
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0.5 to < 1 ac
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5,000
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1 to < 2 ac
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7,500
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2 to < 3 ac
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10,000
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3 to < 4 ac
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12,500
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>4 ac
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15,000
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Submissions for projects that utilize the exemption under § 25-402(b) shall still be required to meet the groundwater recharge (§ 25-305), water quality (§ 25-306), and stream bank erosion (§ 25-307) controls of this chapter. Drainage plans in accordance with § 25-403(a)(2), (b)(7), (8), (11), (15), and (22) and (d)(2) must still be submitted. Activities which have a proposed impervious area of less than 1,000 square feet are exempt from all requirements of this chapter. Any exemption must first be approved by the Township.
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(c) Additional Exemption Requirement:
(1)
Exemption Responsibilities. An exemption shall not relieve the
applicant from implementing such measures as are necessary to protect
the public health, safety, and property. An exemption shall not relieve
the applicant from providing adequate stormwater management for regulated
activities to meet the requirements of this chapter.
(2)
HQ and EV Streams. This exemption shall not relieve the applicant from meeting the special requirements for watersheds draining to high quality (HQ) or exceptional value (EV) waters, identified and Source Water Protection Areas (SWPA) and requirements for nonstructural project design sequencing (§
25-304), groundwater recharge (§
25-305), water quality (§
25-306), and stream bank erosion (§
25-307).
(3)
Drainage Problems. If a drainage problem is documented or known
to exist downstream of, or expected from the proposed activity, then
the Township may require a drainage plan submittal.
All regulated activities occurring in drainage areas tributary
to waters designated HQ/EV pursuant to 25 PA Code, Chapter 93, shall
not change any biological, chemical, or physical characteristics,
including volume, rate, velocity, course, current, cross section,
or temperature of the waters, unless the activity is specifically
permitted in accordance with the environmental laws of the commonwealth.
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[Ord. No. 243, 3/19/2008]
The drainage plan shall consist of a general description of
the project including sequencing items described in § 25-04,
calculations, maps and plans. A note on the maps shall refer to the
associated computations and erosion and sediment control plan by title
and date. The cover sheet of the computations and erosion and sediment
control plan shall refer to the associated maps by title and date.
All drainage plan materials shall be submitted to the Township in
a format that is clear, concise, legible, neat, and well organized;
otherwise, the drainage plan shall not be accepted for review and
shall be returned to the applicant.
The following items shall be included in the drainage plan:
(a) General.
(1)
General description of the project including those areas described in §
25-304.
(2)
General description of permanent stormwater management techniques,
including construction specifications of the materials to be used
for stormwater management facilities.
(3)
Complete hydrologic, hydraulic, and structural computations
for all stormwater management facilities.
(4)
An erosion and sediment control plan, including all reviews
and approvals by the Conservation District.
(5)
A general description of non-point-source pollution controls.
(6)
Regulated activities that create disconnected Impervious Areas
smaller than 500 square feet are exempt from the peak rate control
and the SWM site plan preparation requirements of this chapter.
(b) Maps. Map(s) of the project area shall be submitted on twenty-four-inch
by thirty-six-inch sheets and/or shall be prepared in a form that
meets the requirements for recording at the offices of the Recorder
of Deeds of Berks County. If the Township Subdivision and Land Development
Ordinance (SALDO) has more stringent criteria, then the more stringent
criteria shall apply. The contents of the map(s) shall include, but
not be limited to:
(1)
The location of the project relative to highways, municipalities
or other identifiable landmarks.
(2)
Existing Contours at Intervals of Two Feet. In areas of steep
slopes (greater than 15%), five-foot contour intervals may be used.
(3)
Existing streams, lakes, ponds or other waters of the commonwealth
within the project area.
(4)
Other physical features including flood hazard boundaries, stream
buffers, existing drainage courses, areas of natural vegetation to
be preserved, and the total extent of the upstream area draining through
the site.
(5)
The locations of all existing and proposed utilities, sanitary
sewers, and water lines within 50 feet of property lines.
(6)
An overlay showing soil names and boundaries.
(7)
Limits of earth disturbance, including the type and amount of
impervious area that would be added.
(8)
Proposed structures, roads, paved areas, and buildings.
(9)
Final contours at intervals of two feet. In areas of steep slopes
(greater than 15%), five-foot 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.
(12)
A graphic and written scale of one inch equals no more than
50 feet; for tracts of 20 acres or more, the scale shall be one inch
equals no more than 100 feet.
(14)
The total tract 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 off site existing man-made features which
may be affected by stormwater runoff or stormwater management controls
for the project.
(17)
Location of all open channels.
(18)
Overland drainage patterns and swales.
(19)
A twenty-foot wide access easement around all stormwater management
facilities that would provide ingress to and egress from a public
right-of-way.
(20)
The location of all erosion and sediment control facilities.
(21)
A note on the plan indicating the location and responsibility
for maintenance of stormwater management facilities that would be
located on/off-site. All on/off-site facilities shall meet the performance
standards and design criteria specified in this chapter.
(22)
A statement, signed by the landowner, acknowledging that any
revision to the approved drainage plan must be approved by the Township
and the Conservation District.
(23)
The following signature block for the Design Engineer:
"I, (Design Engineer), on this date (date of signature), hereby
certify that the drainage plan meets all design standards and criteria
of the Amity Township Stormwater Management Ordinance."
(c) Supplemental Information.
(1)
A written description of the following information shall be
submitted:
(i)
The overall stormwater management concept for the project designed in accordance with §
25-304.
(ii)
Stormwater runoff computations as specified in this chapter.
(iii) Stormwater management techniques to be applied
both during and after development.
(iv)
Expected project time schedule.
(v)
Development stages (project phases) if so proposed.
(vi)
An operation and maintenance plan in accordance with §
25-702 of this chapter.
(2)
An erosion and sediment control plan.
(3)
The effect of the project (in terms of runoff volumes and peak
flows) on adjacent properties and on any existing Township stormwater
collection system that may receive runoff from the project site.
(d) Stormwater Management Facilities.
(1)
All stormwater management facilities must be shown on plan.
Detail and/or cross-section drawings must be shown on the plan for
all stormwater management facilities.
(2)
When infiltration facilities such as seepage pits, beds or trenches
are used, the locations of existing and proposed septic tank infiltration
areas and wells must be shown.
(3)
All calculations, assumptions, and criteria used in the design
of the stormwater management facilities must be shown.
(e) Responsibilities for Operations and Maintenance of Stormwater Controls
and BMPs.
(1)
No regulated earth disturbance activities within the Township
shall commence until approval by the Township of a stormwater control
and BMP operations and maintenance plan which describes how the permanent
(e.g., post-construction) stormwater controls and BMPs will be properly
operated and maintained.
(2)
The following items shall be included in the stormwater control
and BMP operations and maintenance plan:
(i)
Map(s) of the project area, in a form that meets the requirements
for recording at the offices of the Recorder of Deeds of Berks County,
and shall be submitted on twenty-four-inch by thirty-six-inch sheets.
The contents of the maps(s) shall include, but not be limited to:
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Clear identification of the location and nature of permanent
stormwater controls and BMPs,
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The location of the project site relative to highways, municipal
boundaries or other identifiable landmarks,
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Existing and final contours at intervals of two feet, or others
as appropriate,
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Existing streams, lakes, ponds, or other bodies of water within
the project site area,
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Other physical features including flood hazard boundaries, sinkholes,
streams, existing drainage courses, and areas of natural vegetation
to be preserved,
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•
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The locations of all existing and proposed utilities, sanitary
sewers, and water lines within 50 feet of property lines of the project
site,
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Proposed final changes to the land surface and vegetative cover,
including the type and amount of impervious area that would be added,
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Proposed final structures, roads, paved areas, and buildings,
and
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A fifteen-foot wide access easement around all stormwater controls
and BMPs that would provide ingress to and egress from a public right-of-way.
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(3)
A description of how each permanent stormwater control and BMP
will be operated and maintained, and the identity of the person(s)
responsible for operations and maintenance,
(4)
The name of the project site, the name and address of the owner
of the property, and the name of the individual or firm preparing
the plan, and
(5)
A statement, signed by the landowner, acknowledging that the
stormwater controls and BMPs are fixtures that can be altered or removed
only after approval by the Township.
(f) The stormwater control and BMP operations and maintenance plan for
the project site shall establish responsibilities for the continuing
operation and maintenance of all permanent stormwater controls and
BMPs, as follows:
(1)
If a plan includes structures or lots which are to be separately
owned and in which streets, sewers and other public improvements are
to be dedicated to the Township, stormwater controls and BMPs may
also be dedicated to and maintained by the Township;
(2)
If a plan includes operations and maintenance by a single ownership,
or if sewers and other public improvements are to be privately owned
and maintained, then the operation and maintenance of stormwater controls
and BMPs shall be the responsibility of the owner or private management
entity.
(g) The Township shall make the final determination on the continuing
operations and maintenance responsibilities. The Township reserves
the right to accept or reject the operations and maintenance responsibility
for any or all of the stormwater controls and BMPs.
(h) Township Review of Stormwater Control and BMP Operations and Maintenance
Plan.
(1)
The Township shall review the stormwater control and BMP operations
and maintenance plan for consistency with the purposes and requirements
of this chapter, and any permits issued by DEP.
(2)
The Township shall notify the applicant in writing whether the
stormwater control and BMP operations and maintenance plan is approved.
(3)
The Township may require a "record drawing" of all stormwater
controls and BMPs, and an explanation of any discrepancies with the
operations and maintenance plan.
[Ord. No. 243, 3/19/2008]
The Township shall require receipt of a complete plan, as specified
in this chapter.
For any activities that require an NPDES permit for stormwater
discharges from construction activities, a PaDEP joint permit application,
a PennDOT highway occupancy permit, or any other permit under applicable
state or federal regulations or are regulated under Chapter 105 (Dam
Safety and Waterway Management) or Chapter 106 (Floodplain Management)
of PaDEP's Rules and Regulations, the proof of application for
said permit(s) or approvals shall be part of the plan. The plan shall
be coordinated with the state and federal permit process and the Township
SALDO review process.
(a) For projects which require SALDO approval, the drainage plan shall
be submitted by the applicant as part of the preliminary plan submission
where applicable for the regulated activity. Such plans and associated
reports must be signed and sealed by a qualified design professional.
(b) For these regulated activities that do not require SALDO approval, see §
25-401, General Requirements.
(c) Six copies of the drainage plan shall be submitted and distributed
as follows:
(1)
Two copies to the Township accompanied by the requisite Township
Review Fee, as specified in this chapter.
(2)
Two copies to the Conservation District.
(3)
One copy to the Township Engineer.
(4)
One copy to the County Planning Commission/Department.
[Ord. No. 243, 3/19/2008]
(a) The Township shall review the drainage plan with the standards set
forth in this chapter. Any found incomplete shall not be accepted
for review and shall be returned to the applicant.
(b) For activities regulated by this chapter, the Township shall notify
the applicant in writing, within 90 calendar days, whether the drainage
plan is consistent with the Stormwater Management Plan.
(1)
Should the drainage plan be determined to be consistent with
the Stormwater Management Plan, the Township Engineer shall forward
an approval letter to the Township Secretary who will then forward
a copy to the applicant.
(2)
Should the drainage plan be determined to be inconsistent with
the Stormwater Management Plan, the Township Engineer shall forward
a disapproval letter to the Township Secretary who will then forward
a copy to the applicant. The disapproval letter shall cite the reason(s)
and specific ordinance sections for the disapproval. Disapproval may
be due to inadequate information to make a reasonable judgment as
to compliance with the stormwater management plan. Any disapproved
drainage plans may be revised by the applicant and resubmitted consistent
with this chapter.
(c) For regulated activities specified in §
25-105 of this chapter, which require a building permit, the Township Engineer shall notify the Township Building Code Official in writing, within a time frame consistent with the Township Building Code and/or Township Subdivision Ordinance, whether the drainage plan is consistent with the Stormwater Management Plan and forward a copy of the approval/disapproval letter to the applicant. Any disapproved drainage plan may be revised by the applicant and resubmitted consistent with this chapter.
(d) For regulated activities under this chapter that require an NPDES
permit application, the applicant shall forward a copy of the Township
Engineer's letter stating that the drainage plan is consistent
with the stormwater management plan to the Conservation District.
PaDEP and the Conservation District may consider the Township Engineer's
review comments in determining whether to issue a permit.
(e) The Township shall not grant approval or grant preliminary approval to any subdivision or land development for regulated activities specified in §
25-105 of this chapter if the drainage plan has been found to be inconsistent with the Stormwater Management Plan, as determined by the Township. All required permits from PaDEP must be obtained prior to approval of any subdivision or land development.
(f) The applicant shall be responsible for completing record drawings
of all stormwater management facilities included in the approved drainage
plan. The record drawings and an explanation of any discrepancies
with the design plans shall be submitted to the Township for final
approval. The Township may withhold approval of the record drawings
until the Township receives a copy of an approved highway occupancy
permit from the PennDOT District Office, NPDES permit, and any other
applicable permits or approvals, from PaDEP or the Conservation District.
The above permits and approvals must be based on the record drawings.
(g) The Township's approval of a drainage plan shall be valid for a period not to exceed five years, commencing on the date that the Township signs the approved drainage plan. If stormwater management facilities included in the approved Drainage plan have not been constructed, or if constructed, and record drawings of these facilities have not been approved within this five-year time period, then the Township may consider the Drainage plan disapproved and may revoke any and all permits. Drainage plans that are considered disapproved by the Township shall be resubmitted in accordance with §
25-407 of this chapter.
[Ord. No. 243, 3/19/2008]
(a) A modification to a drainage plan under review by the Township for a development site that involves a change in stormwater management facilities or techniques, or that involves the relocation or re-design of stormwater management facilities, or that is necessary because soil or other conditions are not as stated on the drainage plan as determined by the Township, shall require a resubmission of the modified drainage plan consistent with §
25-404 of this chapter and be subject to review as specified in §
25-405 of this chapter.
(b) A modification to an already approved or disapproved drainage plan
shall be submitted to the Township, accompanied by the applicable
Township Review and Inspection Fee. A modification to a drainage plan
for which a formal action has not been taken by the Township shall
be submitted to the Township, accompanied by the applicable Township
Review and Inspection Fee.
[Ord. No. 243, 3/19/2008]
A disapproved drainage plan may be resubmitted, with the revisions addressing the Township's concerns documented in writing and addressed to the Township Secretary in accordance with §
25-404 of this chapter and distributed accordingly and be subject to review as specified in §
25-405 of this chapter. The applicable Township review and inspection fee must accompany a resubmission of a disapproved drainage plan.