A.
A stormwater management site plan for any activity described in § 373-4 shall be submitted to the Township for approval.
B.
In the case of subdivision and land development activities, the submission
requirements and procedures of the stormwater management site plan
shall be in accordance with this chapter.
C.
The stormwater management site plan will be submitted to the Township
with the subdivision or land development plan to allow for timely
review and inclusion in the final subdivision or land development
plan of any revision(s) which may result from the review(s). It shall
be the responsibility of the applicant to make distribution of the
stormwater management site plan to the Township Engineer, and the
Lancaster County Conservation District for review and comment and
to any other agencies such
as PennDOT, DEP, etc., when permits from these agencies are required.
D.
The final stormwater management site plan approved by the Township
shall become a supplement to the final subdivision or land development
plan and be subject to all rules, regulations and procedures pertaining
thereto, as well as the following requirement:
(1)
Prior to the final approval of the improvement guarantee for any
subdivision or land development plan by the Township, the developer
must do one of the following:
(a)
Provide the Township with an improvement guarantee or other
guarantee in an amount equal to 110% of the construction costs of
the stormwater management facilities as estimated by a qualified engineer
acceptable to the Township. The amount may be included in the letter
of credit or escrow account, required for other development requirements
such as roads, curbs, sidewalks, etc. The Township may waive the financial
guarantee requirement for plans which do not require dedication of
additional rights-of-way.
(b)
Implement the control facilities outlined in the stormwater
management site plan.
E.
A disapproved stormwater management site plan may be resubmitted,
with the revisions addressing the municipality's concerns, to the
municipality in accordance with this article. The applicable review
fee must accompany a resubmission of a disapproved stormwater management
site plan.
F.
The municipality's approval of an stormwater management site plan authorizes the regulated activities contained in the stormwater management site plan for a maximum term of validity of five years following the date of approval. The municipality may specify a term of validity shorter than five years in the approval for any specific stormwater management site plan. Terms of validity shall commence on the date the municipality signs the approval for an stormwater management site plan. If an approved stormwater management site plan is not completed according to § 373-30 within the term of validity, then the municipality may consider the Stormwater Management Site Plan disapproved and may revoke any and all permits. Stormwater Management Site Plans that are considered disapproved by the municipality shall be resubmitted in accordance with § 373-28 of this chapter.
It shall be unlawful for any person, firm or corporation to
undertake any earth-disturbing activity on any property except as
provided for in the stormwater management site plan approved pursuant
to this chapter. It shall also be unlawful to alter or remove any
control structure required by the stormwater management site plan
pursuant to this chapter or to allow the property to remain in a condition
which does not conform to the approved stormwater management site
plan.
The municipality is hereby authorized and directed to enforce all of the provisions of this chapter. It shall be unlawful for a person to undertake any regulated activity except as provided in an approved stormwater management site plan, unless specifically exempted in § 373-10.
A.
All inspections regarding compliance with the stormwater management
site plan shall be the responsibility of the Township, its municipal
engineer or other person designated by the municipality.
(1)
A set of design plans approved by the municipality shall be on file
at the site throughout the duration of the construction activity.
(2)
During the construction of the development, the Township Engineer
or other authorized Township official may inspect the premises to
determine that the work is progressing in compliance with the information
provided on the approved stormwater management site plan and with
all applicable Township laws and ordinances.
(3)
The cost for the conducting of plan reviews, inspections, and other
costs associated with the enforcement and administration of this chapter
by the Township Engineer or other authorized Township official shall
be borne by the applicant/developer in accordance with the schedule
of fees adopted by resolution of the Township Supervisors.
(4)
In the event the Township's authorized staff representative(s) or
other authorized official discovers that the work does not comply
with the approved plan or any applicable laws and ordinances, the
Township shall suspend existing permits related to the development
until the required corrections have been made. Any portion of the
work which does not comply with the approved plan must be corrected
by the developer within 10 days. No work may proceed on any subsequent
phase of the stormwater management site plan, the subdivision or land
development, or the building construction, until the related zoning
permits have been reinstated.
(6)
If at any stage of the work, the Township's authorized staff representative(s)
or authorized official determines that the site conditions are not
as stated or shown in the approved application, or that there has
been a false statement or misrepresentation by the developer, the
Township's authorized staff representative(s) or authorized official
may refuse to approve further work and the Township may revoke existing
permits until a revised plan is submitted and approved, as required
by this chapter.
(7)
An approval that has been revoked by the municipality cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this chapter.
(8)
At the completion of the project, and as a prerequisite for the release
of the guarantee, the owner or his representative shall:
(a)
Provide a certificate of completion from an engineer, architect,
surveyor or other qualified person verifying that all permanent facilities
have been constructed according to the plans and specifications and
approved revisions thereto.
(b)
Provide a set of record drawings.
(c)
In the case of a stormwater management site plan that requires
an NPDES permit, evidence of the NPDES permit's executed "Notice of
Termination" shall be provided prior to final release of the financial
security.
(9)
After receipt of the certification of completion by the Township,
a final inspection shall be conducted by the Township's authorized
staff representative(s) or other person designated by the Township
to certify compliance with this chapter.
(10)
If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the municipality may provide
a limited time period for the owner to correct the violation. In these
cases, the municipality will provide the owner, or the owner's designee,
with a written notice of the violation and the time period allowed
for the owner to correct the violation. If the owner does not correct
the violation within the allowed time period, the municipality may
revoke or suspend any, or all, applicable approvals and permits pertaining
to any provision of this chapter.
B.
In lieu of the civil penalties and enforcement remedies set forth in § 373-33 of this chapter, the Township may enter into settlement agreements with persons who fail to comply with the requirements of this chapter. Such settlement agreements may include, among other things, provisions for corrective action, abatement of existing violations and reimbursement to the Township for legal, engineering and other costs incurred by the Township as a result of any violation of this chapter.
A.
In the event that a property owner fails to comply with the requirements of this chapter, the Township shall provide written notification of the violation(s), and the property owner shall be subject to the penalty provisions of this chapter (§ 373-33) or other penalty provisions as may now or hereafter apply.
B.
Any activity conducted in violation of the provisions of this chapter
is hereby declared a public nuisance.
A.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.[1]
B.
Enforcement remedies. In case any building, structure, or land is,
or is proposed to be, erected, constructed, reconstructed, altered,
converted, maintained or used in violation of this chapter, the governing
body, or with the approval of the governing body, an officer of the
municipality, in addition to other remedies, may institute in the
name of the municipality any appropriate action or proceeding to prevent,
restrain, correct or abate such building, structure or land, or to
prevent, in or about such premises, any act, conduct, business or
use constituting a violation. Additionally, the municipality may file
a municipal lien against the premises.
Prior to granting of final approval by the municipality of a
plan, the applicant shall either:
A.
Satisfactorily establish that the permanent facilities are part of
a portion of ground to be dedicated to the municipality for reasons
other than the maintenance of land subject to this chapter; or
B.
Present to the municipality a copy of restrictions with an affidavit
stating that such restrictions shall be added to the deed of conveyance
to each grantee to whom property of the development is to be conveyed.
(1)
When permanent stormwater management facilities and ownership to
these facilities are dedicated to and accepted by the municipality,
it shall be the municipality's responsibility to maintain these facilities.
(2)
The municipality shall have the right, in addition to those provisions
above set forth, to require the applicant, owner or developer to post
a bond with the municipality prior to the time of approval of the
plan in order to assure the faithful performance of the requirements
of this chapter in the course of completing the land development.
Upon presentation of proper credentials, duly authorized representatives
of the Township may enter at reasonable times upon any property within
the Township to investigate or ascertain the condition of the subject
property in regard to any aspect regulated by this chapter.
A modification which involves a change in stormwater management control methods or techniques, or which involves the relocation or redesign of control measures, or which is necessary because soil or other conditions are not stated on the approved plan, shall require the submission of a revised plan by the developer in accordance with the plan requirements as set forth in Article III of this chapter.
A.
The provisions of this chapter not relating to water quality are intended as minimum standards for the protection of the public health, safety, and welfare. The 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. The list of such modifications and the reasons for them shall be approved by the Township's authorized staff representative(s). Modifications shall be clearly defined and entered on the approved stormwater management site plan and signed by the Township's authorized staff representative(s). All requests shall be in writing and accompanied by a plan prepared to the minimum standards of a minor land disturbance plan (see § 373-11).
B.
The municipality may, after consultation with DEP, approve measures
for meeting the state water quality requirements other than those
in this chapter, provided that they meet the minimum requirements
of, and do not conflict with, state law including, but not limited
to, the Clean Streams Law.[1] The municipality shall maintain a record of consultations
with DEP pursuant to this subsection. Where an NPDES permit for stormwater
discharges associated with construction activities is required, issuance
of an NPDES permit shall constitute satisfaction of consultation with
DEP.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
C.
Where a written erosion and sediment control plan associated with
earth disturbance of 5,000 square feet to one acre is required, review
of the written erosion and sediment control plan shall constitute
satisfaction of consultation with DEP.
A.
Any person, partnership, corporation or organization aggrieved by
any action of the Township, or its agent, may appeal to the Township
Planning Commission within 30 days of that action.
B.
Any person, partnership, corporation or organization aggrieved by
any action of Township Planning Commission, may appeal to Lancaster
County Court of Common Pleas within 30 days of that action.
