Township of Manor, PA Article III Stormwater Management Site Plan Requirements

§ 373-9 General requirements.

A. Prior to the final approval of any subdivision or land development plan, or the issuance of any permit, or the commencement of any regulated activity, the developer shall submit a stormwater management site plan to the Township for approval unless this chapter provides an exemption in § 373-10.

B. Modifications of the provisions of this chapter shall be as specified in § 373-37.

C. Impervious areas.

(1) The measurement of impervious areas shall include all of the impervious areas in the total proposed development even if development is to take place in stages.

(2) For development taking place in stages, the entire development plan must be used in determining conformance with this chapter.

(3) For projects that add impervious area to a parcel, the total impervious area on the parcel is subject to the requirements of this chapter; except that the volume controls in § 373-22 and the peak rate controls of § 373-19 do not need to be retrofitted to existing impervious areas that are not being altered by the proposed regulated activity.

D. The design of all facilities over karst shall include an evaluation of measures to minimize adverse effects.

E. Infiltration BMPs, to the extent practicable, should be spread out, made as shallow as practicable, and located to maximize use of natural on-site infiltration features while still meeting the other requirements of this chapter.

F. Normally dry, open top, storage facilities shall completely drain the volume control storage over a period of time not less than 24 and not more than 72 hours from the end of the design storm. Any designed 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. Rate control storage shall drain as required in § 373-19.

G. The design storm volumes to be used in the analysis of peak rates of discharge shall be as specified in § 373-17.

H. To the maximum extent practicable, incorporate the techniques for low-impact development practices described in the BMP Manual and in the Appendix.[1]

[1] Editor's Note: Said appendix is included as an attachment to this chapter.

I. Various BMPs and their design standards are listed in the BMP Manual.

J. 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 and the Clean Streams Law.[2] Various BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual (E&S Manual) 2, No. 363-2134-008 (April 15, 2000), as amended and updated.

[2] Editor's Note: See 35 P.S. § 691.1 et seq.

K. For all regulated activities, stormwater management BMPs shall be designed, implemented, operated, and maintained 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,[3] and the Storm Water Management Act.[4]

[3] Editor's Note: See 35 P.S. § 691.1 et seq.

[4] Editor's Note: See 32 P.S. § 680.1 et seq.

L. 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, and wooded areas.

(b) Maintain or extend riparian buffers.

(c) Avoid erosive flow conditions in natural flow pathways.

(d) Minimize thermal impacts to waters of this commonwealth.

(e) Disconnect impervious surfaces by directing runoff to pervious areas wherever possible.

§ 373-10 Exemptions.

A. Activities on lands which have an approved stormwater management site plan, which was approved prior to the adoption of this chapter and which, in the opinion of the Township, adequately manage stormwater flows resulting from the proposed activities, are exempt from the requirements of this chapter.

B. The following activities are exempt from the requirements of this chapter, except for Subsectons C and D:

(1) Regulated activities that create additional impervious areas less than or equal to 1,000 square feet, or disturbed areas less than or equal to 5,000 square feet on existing lots of record, and which are improved with an existing principal building, are exempt from the requirements of this chapter. This exemption will be applied on a cumulative basis for the subject property. A completed copy of the form in the Appendix[1] is required to obtain this exemption.

[Amended 11-10-2016 by Ord. No. 5-2016]

[1] Editor's Note: Said appendix is included as an attachment to this chapter.

(2) De minimus activities, such as gardening less than 5,000 square feet, lawn mowing, snow removal and the like.

(3) Agricultural activity, when operated in accordance with a conservation plan, nutrient management plan, or erosion and sedimentation control plan approved by the County Conservation District.

(4) Forest management and timber operations, provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.

C. PennDOT construction and road maintenance activities are regulated under 25 Pa. Code Chapter 102. Design policy pertaining to stormwater management facilities for PennDOT roadways and associated facilities are provided in Sections 13.7 (Antidegradation and Post Construction Stormwater Management Policy) of PennDOT Publication No. 13M, Design Manual Part 2 (August 2009), as developed, updated, and amended in consultation with PADEP.

D. The municipality may deny or revoke any exemption pursuant to this section at any time for any project that the municipality believes may pose a threat to public health, safety, property or the environment.

E. High tunnel exemption.

[Added 3-4-2019 by Ord. No. 9-2019]

(1) A high tunnel shall be exempted from the provisions of this chapter if:

(a) The high tunnel or its flooring does not result in an impervious area exceeding 25% of all structures located on the owner's total contiguous land area; 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%.

[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 requirements of this Act.

(2) A municipality that has adopted a local ordinance or regulation that regulates high tunnels pursuant to a watershed stormwater plan under this section prior to the effective date of this subsection shall amend the ordinance or regulation to comply with this subsection.

(3) Nothing in this subsection shall be construed to exempt high tunnels from other requirements' application under federal, state or municipal laws.

§ 373-11 Minor land disturbance/small project.

A. The minor land disturbance plan shall include a 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.

B. 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 § 373-4.

C. The minor land disturbance plan shall provide for volume control but shall not be required to provide for rate control.

D. 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 Township Supervisors.

§ 373-12 Major land disturbance stormwater management site plan contents.

All activities regulated by § 373-4 of this chapter, and not exempted by § 373-10, shall prepare a stormwater management site plan. The stormwater management site plan shall consist of all applicable calculations, maps and plans, including all plans, reports, and correspondence with the Lancaster County Conservation District. All stormwater management site plan materials shall be submitted to the municipality in a format that is clear, concise, legible, neat and well organized.

A. The following general information:

(1) Proposed name or identifying title of project.

(2) Name and address of the landowner and developer of the project site.

(3) Total acreage of the project site and the tract of land on which the project site is located.

(4) A location map, for the purpose of locating the project site to be developed, at a minimum scale of 2,000 feet to the inch, showing the relation of the tract to adjoining property and to all streets and Township boundaries existing within 1,000 feet of any part of the tract of land on which the project site is proposed to be developed.

(5) Certificate for approval by the Township's authorized staff representative. See form of certificate in the Appendix.[1]

[1] Editor's Note: Said appendix is included as an attachment to this chapter.

(6) A modification to a submitted stormwater management site plan that involves a change in stormwater management BMPs or techniques, or that involves the relocation or redesign of stormwater management BMPs, or that is necessary because soil or other conditions are not as stated on the stormwater management site plan as determined by the municipality shall require a resubmission of the modified stormwater management site plan in accordance with this article.

B. The following existing features:

(1) Tract boundaries showing distances, bearings and curve data, as located by field survey or by deed plotting.

(2) Existing contours at vertical intervals of one foot for land with an average slope of 0% to 3%, two feet for land with an average natural slope of 4% to 20%, and at vertical intervals of five feet for land with an average slope of 21% and greater; except that for residential and agricultural uses where a preliminary subdivision or land development plan is not required by the controlling subdivision and land development ordinance,[2] no contours shall be required; however, the plan should indicate the natural drainage patterns of the site along with the approximate grades of all slopes. Where contours are shown, the location of the benchmark and the datum used shall also be indicated.

[2] Editor's Note: See Ch. 388, Subdivision and Land Development.

(3) The names of all owners of all immediately adjacent unplatted land, the names of all proposed or existing developments immediately adjacent, and the locations and dimensions of any streets or easements shown thereon.

(4) The names, locations and dimensions of all existing streets, railroads, watercourses, drainage facilities, floodplains, and other significant features within 200 feet of any part of the tract proposed to be developed and the location of all buildings and approximate location of all tree masses within the tract.

(5) Soil types as designated by the USDA NRCS Soil Survey of Lancaster County.

(6) The locations of all existing utilities (including on lot disposal systems and wells), sanitary sewers, and water lines and associated easements.

C. The following proposed features:

(1) The proposed land use, the number of lots and dwelling units and the extent of commercial, industrial or other nonresidential uses.

(2) The locations and dimensions of all proposed streets, parks, playgrounds, and other public areas; sewer and water facilities; lot lines and building locations, and parking compounds and other impervious and semipervious surfaces.

(3) The proposed changes to land surface and vegetative cover including areas to be cut or filled.

(4) Final contours at vertical intervals of one foot for land with an average slope of 0% to 3%, two feet for land with an average natural slope of 4% to 20%, and at vertical intervals of five feet for land with an average slope of 21% and greater.

(5) Where existing contours are not shown or where proposed contour lines cannot be accurately located (i.e., as in a single-family detached residential development when the building has not been determined), arrows indicating general surface runoff flow patterns shall be shown.

D. The following stormwater management facilities and information:

(1) All storm sewers along with any proposed connections to existing facilities.

(2) Groundwater recharge methods such as seepage pits, beds or trenches. When these structures are used, the locations of septic tank infiltration areas and wells must be shown.

(3) Other control devices or methods such as rooftop storage, grass swales, parking lot ponding, vegetated strips, and detention or retention basins.

(4) Plans and profiles of all proposed stormwater management facilities including vertical and horizontal alignment, size and type of material. This information shall be of the quality required for the construction of all facilities.

(5) When plan applications, whether preliminary or final, are submitted in sections, a generalized stormwater management site plan for the entire project site shall be submitted in addition to the detailed stormwater management site plan for the proposed section. This generalized plan shall demonstrate how the stormwater of the proposed section will relate to the entire development. The amount and velocity at the discharge point of the section shall be included in the data submitted. If temporary facilities are required for construction of a section, such facilities shall be included in the submitted plans.

(6) A note on the plan indicating any area that is not to be offered for dedication along with a statement that the Township is not responsible for maintenance of any area not dedicated to and accepted for public use, and that no alteration to swales, or basins, or placement of structures shall be permitted within easements.

(7) A certificate, signed and sealed by an individual registered in the Commonwealth of Pennsylvania and qualified under all applicable local and state laws to perform such duties, indicating the compliance of the design of the stormwater management facilities with the provisions of this chapter.

(8) A declaration of adequacy/highway occupancy permit from the PennDOT District Office when utilization of a PennDOT stormwater facility is proposed.

(9) 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 stormwater management site plan and must be obtained prior to final plan approval.

E. Erosion and sedimentation controls. The type, location and extent of all erosion and sedimentation control measures shall be shown on an erosion and sedimentation control plan that conforms to the requirements of the Soil Erosion and Sedimentation Control Manual of the Pennsylvania Department of Environmental Protection and the Design Standards of § 373-20 of this chapter.

(1) Written report, including the following information.

(a) Stormwater runoff calculations for both predevelopment and postdevelopment conditions.

(b) An erosion and sedimentation control plan narrative that conforms to the requirements of the Soil Erosion and Sedimentation Control Manual of the Pennsylvania Department of Environmental Protection and provides a description of all erosion and sedimentation control measures, temporary as well as permanent, including the staging of earthmoving activities, sufficient in detail to clearly indicate their function.

(c) An ownership and maintenance program, in recordable form, that clearly sets forth the ownership and maintenance responsibility of all temporary and permanent stormwater management facilities, BMPs and erosion and sedimentation control facilities, including:

[1] Description of temporary and permanent maintenance requirements.

[2] Identification of a responsible individual, corporation, association or other entity for ownership and maintenance of both temporary and permanent stormwater management and erosion and sedimentation control facilities.

[3] Establishment of suitable easements, a minimum of 20 feet wide for access to all facilities.

[4] The intent of these regulations is to provide private ownership and maintenance of stormwater management and erosion and sedimentation control facilities. Where the Township Supervisors accepts dedication of stormwater management facilities, the Township Supervisors may require the developer to establish, at the time of dedication, a maintenance fund, in an amount determined by the Township, adequate for the perpetual care of such facilities, including detention basins.

[5] For all proposed detention basins and retention basins, except temporary sedimentation basins, the documentation shall include a plotting or tabulations of storage volumes with corresponding water surface elevations and the outflow rates for those water surfaces.

[6] For all proposed detention basins and retention basins, except temporary sediment basins, documentation shall set forth the design hydrograph, the shortcut routing method or a method of equal caliber acceptable to the Township Engineer, utilized to determine the function of the basin.

[7] A Pennsylvania Department of Transportation Highway Occupancy Permit for any stormwater management facility proposed within the right-of-way of a state road.

(2) A note on the maps shall refer to the associated computations and E&S Pollution Control Plan by title and date. The cover sheet of the computations and E&S Pollution Control Plan shall refer to the associated maps by title and date.

§ 373-13 Plan submission and review procedure.

A. An application for a stormwater management site plan review and four copies of the stormwater management site plan, calculations and report shall be submitted to the Township. See the Appendix.[1]

[1] Editor's Note: Said appendix is included as an attachment to this chapter.

B. The applicant shall submit a copy of the complete plan submission to the Township, the Township Engineer and the Lancaster County Conservation District for their respective reviews and approval.

C. All applications for approval of a plan shall be acted upon by the Township's authorized staff representative(s), who shall render their decision and communicate it to the developer not later than 90 days following the date the application is filed.

(1) The decision of the Township's authorized staff representative(s) shall be in writing and shall be communicated to the developer personally or mailed to him at his last known address not later than 15 days following the decision;

(2) When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of the ordinance relied upon;

(3) Failure of the Township's authorized staff representative(s) to render a decision and communicate it to the developer within the time and in the manner required herein shall be deemed an approval of the application in terms as presented, unless the developer has agreed in writing to an extension of time or change in the prescribed manner of presentation or communication of the decision; in which case, failure to meet the extended time or change in manner of presentation or communication shall have like effect.

(4) Approval of a stormwater management site plan by the Township shall not be construed as an indication that the plan complies with the standards of any agency of the commonwealth.

(5) Approval of a stormwater management site plan by the Township shall be obtained by the applicant/developer prior to the issuance of a zoning permit by the Township. No construction of stormwater management facilities may begin until a zoning permit is obtained by the developer in accordance with Chapter 425, Zoning.

(6) Where literal compliance with the design criteria herein specified is clearly impractical, the municipality, on the recommendations of the Municipal Engineer or Lancaster County Conservation District, may modify or adjust the standards to permit reasonable utilization of property while securing substantial conformance with the objectives of these regulations.

D. Manor Township shall not approve any stormwater management site plan that is deficient in meeting the requirements of this chapter. At its sole discretion and in accordance with this article, when a stormwater management site plan is found to be deficient, Manor Township may either disapprove the submission and require a resubmission, or in the case of minor deficiencies, Manor Township may accept submission of revisions.

E. The municipality, in conformance with § 373-31A, shall inspect all phases of the installation of any temporary or permanent stormwater management facilities, including BMPs.

F. During any stage of the work, if the municipality determines that any temporary or permanent stormwater management facilities are not being installed in accordance with the approved stormwater management site plan, the municipality shall revoke any existing permits until a revised stormwater management site plan is submitted and approved, or the situation is corrected, as specified in this chapter.

§ 373-14 As-built plan.

Prior to the final release of the financial security, the developer shall provide the Township with one Mylar and two prints of the final as-built plan showing the following:

A. Actual location of all concrete monuments which were set at all angle breaks, points of curvature and tangents around the perimeter of the total tract. When the outside perimeter of a tract falls within or along an existing road right-of-way, then the right-of-way of that roadway shall be monumented at the above-referenced points.

B. Actual location of all iron pins or drill holes in curbs for all individual lot lines.

C. Actual cul-de-sac radius.

D. Actual horizontal and vertical location of cartway center line versus right-of-way center line.

E. Actual location of floodplain by elevation and dimension from property line.

F. Actual location and cross section of swales and accompanying easements.

G. Actual horizontal and vertical location of stormwater management facilities, including type and size of storm drainage pipes.

H. Detention basin.

(1) Actual contours of the detention basin.

(2) Actual outlet structure details, including type, size and inverts of outlet pipes.

(3) Actual elevation of the embankment and emergency spillway.

(4) A table showing the stage/storage/discharge curve for the constructed conditions.

(5) A table providing a comparison of the approved design versus the as-built discharge rates from all detention facilities.

I. When a digital submission of an as-built plan is required, all coordinates as depicted on the plan shall be based on the Pennsylvania South Zone State Plane Coordinate System (NAD83 for horizontal and NAVD88 for vertical).

J. The as-built record plan submission shall include a certification of completion signed by the owner's qualified professional verifying that all permanent stormwater management BMPs have been constructed according to the approved plans and specifications. If any qualified licensed professionals contributed to the construction plans, then a qualified licensed professional must sign the completion certificate.

§ 373-14.1 Waivers.

[Added 8-1-2022 by Ord. No. 1-2022]

A. If the municipality determines that any requirement under this chapter cannot be achieved for a particular regulated activity, the municipality may, after an evaluation of alternatives, approve measures other than those in this chapter, subject to § 373-10.

B. Waivers or modifications of the requirements of this chapter may be approved by the municipality if enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that the modifications will not be contrary to the public interest and that the purpose of this chapter is preserved. Cost or financial burden shall not be considered a hardship. Modifications may be considered if an alternative standard or approach will provide equal or better achievement of the purpose of this chapter. A request for modifications shall be in writing and accompany the stormwater management site plan submission. The request shall provide the facts on which the request is based, the provision(s) of this chapter involved and the proposed modification.

C. No waiver or modification of any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the municipality unless that action is approved in advance by the Department of Environmental Protection (DEP) or the delegated county conservation district.