A.
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 zoning, building or occupancy permit, or the commencement
of any land disturbance activity may not proceed until the property
owner or developer or his/her agent has received written approval
of an SWM site plan from East Hanover Township.
B.
All stormwater management site plans shall be designed and certified
by individuals registered in the Commonwealth of Pennsylvania and
qualified to perform such duties based on education and training in
hydrology and hydraulics.
A.
General requirements. Any regulated activity that meets the exemption
criteria listed herein is exempt from the plan preparation and processing
requirements of this chapter. The criteria shall apply to the total
parent tract property and development, even if development takes place
in phases. Parent tracts shall be properties as existing on the effective
date of this chapter, unless specified otherwise, and shall provide
the basis for individual or cumulative impervious area computations.
Exemptions relieve the property owner from plan submission, but not
from providing adequate stormwater management and erosion and sedimentation
pollution control to meet the purpose of this chapter and protect
adjoining properties.
B.
Plan exemptions include the following:
(1)
Lot additions, land exchanges, subdivision of existing buildings
and other minor subdivision activity which does not involve any new
building lots.
(2)
Agricultural activities such as growing crops, plowing fields, gardening,
etc.
(4)
Forest management and timber operations are exempt from the SWM site
plan preparation requirements of this chapter provided the activities
are performed according to the requirements of 25 Pa. Code Chapter
102.
(5)
Criteria:
(a)
Building expansion, impervious area enlargement, and development
of existing lots, provided that no subdivision of new lots or land
development for new principal uses is involved and the following criteria
are satisfied:
|
Total Parcel Size*
|
Minimum Distance**
(feet)
|
Impervious Exemption***
(square feet)
|
|---|---|---|
|
< 1/2 acre
|
10
|
2,500
|
|
1/2 – 1 acre
|
20
|
5,000
|
|
1.01 – 2 acre
|
40
|
10,000
|
|
2.01 – 5 acres
|
50
|
15,000
|
|
>5 acres
|
100
|
20,000
|
|
(Chart applies to properties where formal land development design
has not previously been performed. In the case where a land development
design has previously been performed, exemptions shall be at the discretion
of the East Hanover Township Engineer.)
|
|
*
|
Parent tract or original parcel size, prior to any subdivision,
as of this chapter date.
|
|
**
|
Minimum distance between proposed impervious areas and the downslope
property line(s).
|
|
***
|
Individual or cumulative total impervious area, after the effective
date of this chapter.
|
(b)
Any lot which has been exempted from submission of a stormwater management site plan, in accordance with the guidelines listed herein, and is subsequently found to be developed contrary to the plan exemption criteria shall be subject to mandatory submission of the required plan. Failure to satisfy these requirements is a violation of this chapter, punishable as provided by Article VII of this chapter.
C.
Design exemptions. Single family residential lots may be exempted
from the mandatory design and installation of certain stormwater management
facilities when the lot improvements (house, driveway, regrading,
etc.) on the proposed subdivision plan document to the satisfaction
of the Township Engineer that the lot improvements will not result
in detrimental stormwater discharges within the lot(s) or upon adjoining
lands, roads, waterways or other areas. Exemption may be granted by
East Hanover Township provided all of the following criteria are satisfied:
(1)
The subdivision plan shall meet all of the criteria for a minor subdivision;
and
(2)
The minimum lot area shall be two acres; and
(3)
The slope of the lot shall not exceed 4% in the lot improvement area
and slopes in excess of 8% shall not exist within 50 feet of the lot
improvement area; and
(4)
Streams, waterways and ecologically sensitive areas shall not exist
within 100 feet of the lot improvement area; and
(5)
The proposed lot improvements shall be a minimum of 50 feet from
side and rear lot lines, unless site conditions or other requirements
necessitate greater setbacks; and
(6)
The maximum impervious area shall be 15,000 square feet; and
(7)
Plan notes shall document that the soils within the lot improvement
area are in the hydrologic soil group A, B or C, as published in the
current edition of TR-55, Urban Hydrology for Small Watersheds and
listed within the Appendix[1]; and
[1]
Editor's Note: Said Appendix is included as an attachment to this chapter.
(8)
Stormwater discharges shall not endanger or potentially damage the
lot improvements, adjoining lands, roads or otherwise pose a threat
to the health, safety or welfare of the public; and
(9)
No unique or adverse lot conditions shall exist which warrant refusal
of the exemption request; and
(10)
Subdivision applications shall be accompanied by standard application
and inspection fees to ensure evaluation of lot(s) for compliance
with the exemption criteria at the design, construction and inspection
stages; and
(11)
Subdivision plans containing any lots which have received stormwater
management design and installation exemptions in accordance with these
provisions shall contain a prominent plan note explaining the exemption
and the lot development restrictions applicable thereto; and
(12)
Any lot receiving a stormwater management installation exemption
and subsequently found to be developed, or under development, contrary
to these exemption provisions or otherwise evidencing a stormwater
runoff problem shall forthwith be subject to the following:
D.
Design exemptions, 10 acres+. A stormwater management exemption can
also be attained for subdivisions containing no more than two proposed
lots in excess of 10 acres in size. Residue lands exceeding 10 acres
in area may also be considered for exemption. Lots submitted for exemption
shall comply with the following criteria.
(2)
Required sewage planning (on-site or public) is completed.
(3)
An acceptable driveway location can be provided with specific site
distance information.
(4)
Subject plan shall contain bold 1/4 inch letter restrictive note
on the lot(s) detailing the requirement for regulated activities approval
upon proposed improvement or further subdivision of lot(s).
(5)
Site topography shall be deemed acceptable by the Township Engineer.
(6)
Only proposed parcels in excess of 10 acres are to be considered
under this section.
(7)
Subdivision applications shall be accompanied by standard application
and inspection fees to assure evaluation of lot(s) for compliance
with the exemption criteria at the design, construction and inspection
stages; and
(8)
Subdivision plans containing any lots which have received stormwater
management design and installation exemptions in accordance with these
provisions shall contain a prominent plan note explaining the exemption
and the lot development restrictions applicable thereto; and
E.
Contents. The stormwater management site plan shall contain all required
plans, maps, calculations, documentation and supportive information
necessary to satisfy the requirements of this chapter. Stormwater
management plans and hydrologic reports shall be prepared and certified
by licensed professionals registered in Pennsylvania and qualified
to perform such duties, based on education, training and experience.
Plans shall contain the name of the development and name, address,
telephone number, e-mail address, and engineering seal of the individual
preparing the report in addition to the following:
(1)
A general description of the proposed project.
(4)
Plans shall be legible in every detail.
(5)
Existing and proposed land uses, buildings, structures, roads, paved
areas and any changes to the land surface or vegetative cover.
(6)
Project location on a 7.5 minutes U.S.G.S. map or equivalent.
(7)
Provisions for permanent access or maintenance easements for all
physical SWM BMPs, such as ponds and infiltration structures, as necessary
to implement the Operation and Maintenance (O&M) Plan.
(8)
A stormwater management report containing:
(a)
An introduction which summarizes the development proposal, methodology
of calculations, and the main components of the proposed stormwater
management design.
(b)
Stormwater runoff calculations as specified in this chapter,
including complete hydraulic and structural computations for all stormwater
management facilities and volume control designs.
(c)
Where multiple stormwater management facilities (including water
recharge and water quality) are used, an explanation of how these
facilities will interrelate is required.
(d)
Pre- and post-development watershed subareas with time of concentration
path delineations clearly marked to indicate all sheet flow, shallow
concentrated flow and open channel segments by length and assumed
beginning and end elevations for each segment.
(e)
In carbonate geology areas, a geologic assessment of the impact
of the proposed project and associated site improvements and any precautionary
or remedial actions recommended.
(f)
Design and specifications for all stormwater management facilities,
groundwater recharge areas, water quality features and erosion and
sedimentation facilities.
(g)
Horizontal and vertical profiles of all pipes, swales, open
channels and stormwater management facilities, showing existing and
proposed grades.
(h)
Evaluation of the project's effect on upstream and downstream
adjoining properties.
(i)
Adequate drainage easements around all stormwater management
facilities, with a 20 foot minimum width required. All easements require
a metes and bounds description which closes within each lot and tie
to known points for final plan approval.
(j)
Ownership and maintenance provisions.
(k)
All designs, calculations, and illustrations necessary to demonstrate
compliance with the design standards specified within this chapter,
as determined by the Township Engineer.
(l)
All applicable worksheets from Chapter 8 of the BMP manual when
establishing volume controls.
(m)
Date of visit by a design professional.
F.
Stormwater management facilities.
(1)
All stormwater management facilities must be located on a plan and
described in detail. The volumes of stormwater detention required
shall be noted on the plan, as well as approximate dimensions of the
proposed facility.
(2)
Plans for groundwater recharge facilities must show the locations
of existing 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 percolation 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 BMPs
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.
(4)
A plan note shall be added to grant County and Township officials
and employees thereof the right of access to the property for inspection
of a stormwater BMP and, in the event of default by the developer,
installation of the stormwater management facilities.
(5)
Maintenance and ownership provisions shall be clearly spelled out
on the plan.
Review of stormwater management site plans shall be the responsibility
of the Township Engineer. Submissions shall supplement standard subdivision
and land development plan copies and include at a minimum:
A.
Two copies of all plans, reports and calculations for all submissions,
re-submissions, revisions or modifications.
B.
Two copies of all state, federal or municipal permits required as
an approval prerequisite.
C.
The Township Engineer shall review the SWM site plan for consistency
with this chapter. The Township Engineer shall require receipt of
a complete plan, as specified in this chapter.
D.
The Township Engineer shall review the SWM site plan, subdivision or land development for any submission against Chapter 185, Subdivision and Land Development, for all provisions not superseded by this chapter.
E.
Should the SWM site plan be determined to be consistent with this
chapter, the Township Engineer will forward a letter recommending
approval to East Hanover Township.
F.
Should the SWM site plan be determined to be inconsistent with this
chapter, the Township Engineer will forward a review letter recommending
revisions to or disapproval of the plan to East Hanover Township.
Any inconsistent SWM site plans may be revised by the developer and
resubmitted.
G.
For regulated activities requiring a DEP Joint Permit Application,
the Township Engineer (upon request of the applicant or applicant's
agent) shall notify DEP whether the SWM site plan is consistent with
this chapter and forward a copy of the review letter to East Hanover
Township. DEP may consider the Township Engineer's review comments
in determining whether to issue a permit.
H.
For regulated activities requiring a DEP National Pollutant Discharge
Elimination System Permit Application, the Township Engineer (upon
request of the applicant or applicant's agent) shall notify DEP whether
the SWM site plan is consistent with this chapter and forward a copy
of the review letter to East Hanover Township.
I.
East Hanover Township shall not approve any subdivision, land development, or SWM site plan for regulated activities specified in § 172-4 of this chapter if the SWM site plan has been found to be inconsistent with this chapter, as determined by the Township Engineer. All required permits from DEP must be obtained prior to approval of any SWM site plan, subdivision, or land development.
J.
East Hanover Township shall not issue a zoning or building permit for any regulated activity specified in § 172-4 of this chapter if the SWM site plan has been found to be inconsistent with this chapter, as determined by the Township Engineer. All required permits from DEP must be obtained prior to issuance of a zoning or building permit.
K.
The developer shall maintain a copy of the approved SWM site plan
at the project site during construction, as record drawings. Any discrepancies
with the original design that warrants changes to the SWM site plan
shall be submitted to the Township Engineer for review and approval.
L.
If East Hanover Township disapproves the SWM site plan, the Township
will state the reasons for the disapproval in writing.
M.
Changes to the approved SWM site plan shall be authorized only with
the written approval of the Township Engineer.
N.
Prior to formal plan approval, plans containing stormwater management
design shall require the review signature of the Township Engineer.
A.
The developer shall be responsible for providing as-built plans of
all SWM BMPs included in the approved subdivision, land development,
or SWM site plan. The as-built plans and an explanation of any discrepancies
with the construction plans shall be submitted to East Hanover Township.
B.
The as-built submission shall include a certification of completion
signed by a qualified professional verifying that all permanent SWM
BMPs have been constructed according to the approved plans and specifications.
If any licensed qualified professionals contributed to the construction
plans, then a licensed qualified professional must sign the completion
certificate.
C.
After receipt of the completion certification from the applicant's
qualified professional, the Township Engineer may conduct a final
inspection.
D.
Minor residential subdivisions shall be exempt from requirement for
submission of an as-built plan unless, in the opinion of the Township
Engineer, as-built conditions vary from the approved plan such that
an as-built plan is warranted.
E.
An as-built plan shall contain the following stormwater related information:
(1)
Actual location of floodplain by elevation and dimension from property
line.
(2)
Actual location and cross section of swales and accompanying easements.
(3)
Actual horizontal and vertical location of SWM BMPs, including type
and size of storm drainage pipes.
(4)
For all storage SWM BMPs (e.g., stormwater basins, rain gardens and
infiltration facilities), the following information shall be provided:
(a)
As-built elevation contours of the SWM BMP as applicable, or
the horizontal and vertical dimensions of underground facilities to
include depth from ground surface to top of facility.
(b)
Verification of materials used in construction (e.g., geotextile
materials).
(c)
As-built outlet structure details, including type, size, and
inverts of discharge pipes.
(d)
As-built elevations for embankments and emergency spillways.
(e)
A table showing the stage/storage/discharge information for
the constructed conditions.
(f)
A table providing a comparison of the approved design versus
the as-built discharge rates.
F.
The Township Engineer, the County Conservation District representatives,
and duly authorized representatives of East Hanover Township may enter
at reasonable times upon any property within East Hanover Township
to inspect stormwater facilities, structures and related site improvements
for compliance with the approved plans and this chapter.
G.
Construction of stormwater management, erosion control and related facilities shall be in accordance with the approved subdivision and land development plans and the requirements of this chapter. Construction or development contrary to, or not in compliance with, the stormwater management design on the approved subdivision or land development plan shall be a violation of this chapter, punishable as provided by Article VII of this chapter.
H.
After subdivision and land development has been completed and the
site developed, the Township Engineer may inspect the site periodically
to confirm operation and maintenance of the stormwater facilities
in accordance with the approved plan and this chapter.
I.
The cost of inspections shall be paid by the person/entity responsible
for operation and maintenance of the stormwater facilities, in accordance
with a fee schedule adopted as part of this chapter or by fee resolution
thereafter.
A modification which involves a change in stormwater management methods, facilities or techniques, or that involves the relocation or redesign of stormwater management facilities, or which is necessary because soil or other conditions are not as stated on the approved plan, shall require a resubmission in accordance with the plan requirements set forth in this chapter and Chapter 185, Subdivision and Land Development.
A.
The provisions of this chapter are intended as minimum standards
for the protection of the public health, safety, and welfare. East
Hanover Township reserves the right to modify or to extend them conditionally
in individual cases as may be necessary in the public interest; provided,
however, that such variation shall not have the effect of nullifying
the intent and purpose of this chapter, and that the applicant shows
that to the satisfaction of East Hanover Township that the applicable
regulation is unreasonable, or will cause undue hardship, or that
an alternative proposal will allow for equal or better results. The
list of such modifications shall be listed on the plan.
B.
In granting waivers/modifications, East Hanover Township may impose
such conditions as will, in its judgment, secure substantially the
objectives of the standards and requirements of this chapter.
For the purpose of this section, drainage courses, swales, stormwater
inlets, pipes, conduits, detention and retention basins, subsurface
storage structures, and other stormwater management facilities shall
be included under the term SWM BMPs.
A.
The Final Plan shall reflect and/or be accompanied by supporting
documentation identifying the ownership and method of administering
and maintaining all permanent SWM BMPs.
B.
The SWM site plan for the development site shall contain an operation
and maintenance plan for review by the Township Engineer. The operation
and maintenance plan shall outline required routine maintenance actions
and schedules necessary to insure proper operation of the facility(ies).
C.
The SWM site plan for the development site shall establish responsibilities
for the continuing operation and maintenance of all proposed SWM BMPs,
consistent with the following principals:
(1)
If a development consists of structures such as streets, sewers and
other public improvements which are to be dedicated to the Municipality,
SWM BMPs may also be dedicated to and maintained by the Municipality.
However, if the Municipality accepts dedication of streets, the Municipality
is under no obligation to accept dedication of SWM BMPs located outside
of the public right-of-way.
(2)
If a development site is to be maintained in a single ownership or
if sewers and other public improvements are to be privately owned
and maintained, then the ownership and maintenance of SWM BMPs shall
be the responsibility of the owner, lessee, or private management
entity (e.g., homeowners' association or other parties of interest).
Facilities owned and maintained by a private entity shall be maintained
in accordance with the terms of an agreement, declaration of easement
or other legally binding documentation approved in form by East Hanover
Township. The agreement, declaration of easement or other legally
binding documentation shall provide that East Hanover Township and
the East Hanover Township Engineer have the right to:
(a)
Inspect the facilities 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 and lien all cost of the work
against the properties of the private entity responsible for maintenance.
D.
East Hanover Township, upon recommendation of the Township Engineer,
shall make the final determination on the continuing maintenance responsibilities.
East Hanover Township reserves the right to accept the ownership and
operating responsibility for any or all of the stormwater management
controls.
E.
Maintenance of SWM BMPs shall include, but not be limited to, the
following:
(1)
Liming and fertilizing vegetated channels and other areas in accordance
with soil test recommendations.
(2)
Reestablishment of vegetation by seeding and mulching or sodding
of scoured areas or areas where vegetation has not been successfully
established.
(3)
Mowing as necessary to maintain adequate strands of grass and to
control weeds. Chemical weed control may be used if federal, state,
and local laws and regulations are met.
(4)
Removal of silt from all permanent structures which trap silt and
sediment in order to keep the material from building up in grassed
waterways, pipes, detention basins, infiltration structures, or other
SWM BMPs, and thus reducing their capacity to convey or store water.
(5)
Regular inspection of the areas in question to assure proper implementation
of SWM BMPs, maintenance and care.
(6)
All pipes, swales and detention facilities shall be kept free of
any debris or other obstructions and maintained in original design
condition.
(7)
Replacement or repair of damaged structural SWM BMPs or components
of such SWM BMPs.
Prior to final approval of the site's SWM site plan, subdivision
plan, or land development plan, the property owner shall sign and
record the operation and maintenance (O&M) agreement contained
in Appendix C which is attached and made part hereof, covering all
stormwater control facilities that are to be privately owned.
A.
The owner, successor and assigns shall operate and maintain all facilities
in accordance with the approved schedule(s) in the O&M Plan.
B.
The owner shall convey to East Hanover Township easements to assure
access for periodic inspections by East Hanover Township and maintenance,
as necessary.
C.
The owner shall keep on file with East Hanover Township the name,
address, and telephone number of the person or company responsible
for operation and maintenance activities. In the event of a change,
new information shall be submitted by the owner to East Hanover Township
within 10 working days of the change.
D.
Other items may be included in the agreement where determined necessary
to guarantee the satisfactory maintenance of all facilities. The O&M
agreement shall be subject to the review and approval of East Hanover
Township.
E.
The owner is responsible for operation and maintenance (O&M)
of the SWM BMPs. If the owner fails to adhere to the O&M Agreement,
East Hanover Township may perform the services required and charge
the owner appropriate fees. Nonpayment of fees may result in a lien
against the property.
A.
SWM BMPs existing on the effective date of this chapter on individual lots which have not been accepted by the municipality or for which maintenance responsibility has not been assumed by a private entity such as a homeowners' association shall be maintained by the individual property owners. Such maintenance shall include at a minimum those items set forth in § 172-34E above. If East Hanover Township determines at any time that any permanent stormwater management facility has been eliminated, altered, blocked through the erection of structures or the deposit of material, or improperly maintained, the condition constitutes a nuisance and shall notify the property owner of corrective measures which are required, and provide for a reasonable period of time, not to exceed 30 days, within which the property owner shall take such corrective action. If the property owner does not take the required corrective action, East Hanover Township may either perform the work, or contract for the performance of the work and bill the property owner for the cost of the work plus a penalty of 10% of the cost of the work. If the property owner does not pay such bill within 30 days, East Hanover Township may file a municipal claim against the property upon which the work was performed in accordance with the applicable laws.
B.
No person shall modify, remove, fill, landscape or alter stormwater
management facilities which have been installed on a property unless
an SWM site plan has been approved to permit such modification, removal,
filling, landscaping or alteration. No person shall place any structure,
fill, landscaping or vegetation into a stormwater management facility
or within a drainage easement, which will limit or alter the functioning
of the facility or easement in any manner.
A.
East Hanover Township shall make the final determination on the continuing
maintenance responsibilities. East Hanover Township may require a
dedication of such facilities as part of their requirements. Such
a requirement is not an indication that East Hanover Township will
accept the facilities. East Hanover Township reserves the right to
accept or reject the ownership and operating responsibility for any
portion of the stormwater management controls.
B.
Facilities, areas, or structures used as SWM BMPs shall be enumerated
as permanent real estate appurtenances and recorded as deed restrictions
or conservation easements that run with the land.
C.
The O&M Plan shall be recorded as a restrictive deed covenant
that runs with the land.
D.
East Hanover Township may take enforcement actions against an owner
for any failure to satisfy the provisions of this chapter.
