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 of Maidencreek unless the project
qualifies for an exemption from the requirements to submit a drainage
plan.
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 stormwater management 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 stormwater management 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.
(1)
Any regulated activity that meets the impervious area exemption criteria in Table 182-21B(1) shall not be required to implement the stormwater quantity controls specified in § 182-16 of this chapter. These criteria shall apply to the total development even if development is to take place in phases. The date of the municipal ordinance adoption[1] 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 182-21B(1)
Impervious Area Exemption Criteria
| |
|---|---|
|
Total Parcel Size
(acres)
|
Impervious Area Exemption
(square feet)
|
|
0 to < 0.125
|
1,000
|
|
0.125 to < 0.5
|
2,500
|
|
0.5 to < 1
|
5,000
|
|
1 to < 2
|
7,500
|
|
2 to < 3
|
10,000
|
|
3 to < 4
|
12,500
|
|
> or = 4
|
15,000
|
[1]
Editor's Note: This chapter was adopted 9-14-2023.
(2)
Submissions for projects that utilize the exemption under this Subsection B shall reference Appendix H of this chapter[2] to meet the requirements of groundwater recharge (§ 182-13), water quality (§ 182-14), and streambank erosion (§ 182-15) controls of this chapter. Drainage plans in accordance with § 182-25A(2), B(7), (8), (11), (15), and (22) and D(2) must still be submitted. Any exemption must first be approved by the Township of Maidencreek.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
C.
Additional exemption requirement.
(1)
Exemption does not relieve the applicant from the responsibility
to secure required permits or approvals for activities regulated by
any other applicable code, rule, act, or ordinance, nor does exemption
relieve the applicant from meeting the water quality requirements
of this chapter.
(2)
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 purpose of this chapter; however, drainage plans will
not have to be submitted to the municipality.
(3)
HQ and EV streams.
(a)
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 (§ 182-12), groundwater recharge (§ 182-13), water quality (§ 182-14), and streambank erosion (§ 182-15). The volume and rate of the net increase in stormwater runoff from regulated activities must be managed to prevent the physical degradation of receiving waters from such effects as scour and streambank destabilization, to satisfy state water quality requirements;
(b)
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.
(4)
Drainage problems. If a drainage problem is documented or known to
exist downstream of, or expected from the proposed activity, then
the municipality may require a drainage plan submittal.
(5)
Subdivision plans for three lots or fewer are exempt from the requirement
to submit a drainage plan at the time of the subdivision; however,
development of the individual lots created by the subdivision is subject
to all other provisions of this chapter.
The green infrastructure and low-impact development practices
provided in the BMP Manual shall be utilized for all regulated activities
wherever possible. Water volume controls shall be implemented using
the Design Storm Method in Subsection A or the Simplified Method in
Subsection B below. For regulated activity areas less than one acre
that do not require hydrologic routing to design the stormwater facilities,
this chapter establishes no preference for either methodology; therefore,
the applicant may select either methodology on the basis of economic
considerations, the intrinsic limitations on applicability of the
analytical procedures associated with each methodology and other factors.
A.
The Design Storm Method (CG-1 in the BMP Manual) is applicable to
any size of regulated activity. This method requires detailed modeling
based on site conditions.
(1)
Do not increase the post-development total runoff volume for all
storms equal to or less than the two-year, twenty-four-hour duration
precipitation.
B.
The Simplified Method (CG-2 in the BMP Manual) provided below is
independent of site conditions and should be used if the Design Storm
Method is not followed. This method is not applicable to regulated
activities greater than one acre or for projects that require design
of stormwater storage facilities. For new impervious surfaces:
(1)
Stormwater facilities shall capture at least the first two inches
of runoff from all new impervious surfaces.
(2)
At least the first one inch of runoff from new impervious surfaces
shall be permanently removed from the runoff flow, i.e., it shall
not be released into the surface waters of this commonwealth. Removal
options include reuse, evaporation, transpiration, and infiltration.
(3)
Wherever possible, infiltration facilities should be designed to
accommodate infiltration of the entire permanently removed runoff;
however, in all cases at least the first 0.5 inch of the permanently
removed runoff should be infiltrated.
The Maiden Creek Watershed has been divided into stormwater
management districts as shown on the Management District Map in Appendix
D of this chapter.[1] Corresponding release rate percentages associated with each storm shall follow the provisions of this chapter, § 182-16.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
A.
In order to protect and improve water quality, a riparian buffer
easement shall be created and recorded as part of any subdivision
or land development that encompasses a riparian buffer.
B.
Except as required by Chapter 102, the riparian buffer easement shall
be measured to be the greater of the limit of the 100-year floodplain
or a minimum of 50 feet from the top of the streambank (on each side).
C.
Minimum Management Requirements for Riparian Buffers.
(1)
Existing native vegetation shall be protected and maintained within
the riparian buffer easement.
(2)
Whenever practicable invasive vegetation shall be actively removed,
and the riparian buffer easement shall be planted with native trees,
shrubs and other vegetation to create a diverse native plant community
appropriate to the intended ecological context of the site.
D.
The riparian buffer easement shall be enforceable by the municipality
and shall be recorded in the Berks County Recorder of Deeds Office,
so that it shall run with the land and shall limit the use of the
property located therein. The easement shall allow for the continued
private ownership and shall count toward the minimum lot area as required
by Zoning, unless otherwise specified in the municipal Zoning Ordinance.[1]
E.
Any permitted use within the riparian buffer easement shall be conducted
in a manner that will maintain the extent of the existing 100-year
floodplain, improve or maintain the stream stability, and preserve
and protect the ecological function of the floodplain.
G.
Septic drainfields and sewage disposal systems shall not be permitted
within the riparian buffer easement and shall comply with setback
requirements established under 25 Pa. Code Chapter 73.
The drainage plan shall consist of a general description of the project including sequencing items described in § 182-12, 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 of Maidencreek 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.
(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 nonpoint source pollution controls.
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 Chapter 190, Subdivision and land development (SALDO), of the Code of the Township of Maidencreek 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.
(11)
The date of submission.
(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.
(13)
A North arrow.
(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 existing man-made features beyond the
property boundary that would be affected by 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)
The following statement, signed by the landowner, shall be provided
on the plan:
"I, (property owner), on this date (date of signature), acknowledges
that any revisions to the approved drainage plan must be approved
by the Township of Maidencreek and the Berks County 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 Maiden Creek Watershed Act 167 Stormwater Management Ordinance."
C.
Supplemental information.
(1)
A written description of the following information shall be submitted.
(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 municipal stormwater collection
system that may receive runoff from the project site.
D.
Stormwater management facilities.
(1)
All stormwater management facilities must be located on a plan and
described in detail.
(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.
(4)
A justification must be included in the SWM site plan if BMPs other
than green infrastructure methods and LID practices are proposed to
achieve the volume, rate and water quality controls under this chapter.
E.
Responsibilities for operations and maintenance of stormwater controls
and BMPs.
(1)
No regulated earth disturbance activities within the Township of
Maidencreek shall commence until approval by the Township of Maidencreek
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:
(a)
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:
[1]
Clear identification of the location and nature of permanent
stormwater controls and BMPs;
[2]
The location of the project site relative to highways, municipal
boundaries or other identifiable landmarks;
[3]
Existing and final contours at intervals of two feet, or others
as appropriate;
[4]
Existing streams, lakes, ponds, or other bodies of water within
the project site area;
[5]
Other physical features including flood hazard boundaries, sinkholes,
streams, existing drainage courses, and areas of natural vegetation
to be preserved;
[6]
The locations of all existing and proposed utilities, sanitary
sewers, and water lines within fifty feet of property lines of the
project site;
[7]
Proposed final changes to the land surface and vegetative cover,
including the type and amount of impervious area that would be added;
[8]
Proposed final structures, roads, paved areas, and buildings;
and
[9]
A twenty-foot-wide access easement around all stormwater controls
and BMPs that would provide ingress to and egress from a public right-of-way.
(b)
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;
(c)
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
(d)
The following statement, signed by the landowner, shall be provided
on the plan:
"I, (property owner), acknowledge that the stormwater controls
and BMPs are permanent fixtures that can be altered or removed only
after approval by the Township of Maidencreek."
(3)
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:
(a)
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 of Maidencreek, stormwater controls
and BMPs may also be dedicated to and maintained by the Township of
Maidencreek;
(b)
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.
(4)
The Township of Maidencreek shall make the final determination on
the continuing operations and maintenance responsibilities. The Township
of Maidencreek reserves the right to accept or reject the operations
and maintenance responsibility for any or all of the stormwater controls
and BMPs.
F.
Municipality review of stormwater control and BMP operations and
maintenance plan.
(1)
The Township of Maidencreek 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 of Maidencreek shall notify the applicant in writing
whether the stormwater control and BMP operations and maintenance
plan is approved.
(3)
The Township of Maidencreek may require a record drawing of all stormwater
controls and BMPs, and an explanation of any discrepancies with the
operations and maintenance plan.
The Township of Maidencreek 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 Pennsylvania DEP joint permit application, a PennDOT highway occupancy permit, or any other permit under applicable state or federal regulations are regulated under Chapter 105 (Dam Safety and Water Management) or Chapter 106 (Floodplain Management) of Pennsylvania DEPs Rules and Regulations, or 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 municipal 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.
B.
For these regulated activities that do not require SALDO approval, see § 182-20, General requirements.
C.
Six copies of the drainage plan shall be submitted and distributed
as follows:
A.
The Township of Maidencreek shall review the drainage plan for consistency
with the adopted Maiden Creek Watershed Act 167 Stormwater Management
Plan. 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 of Maidencreek
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 Municipal Engineer shall forward an
approval letter to the Municipal 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 Municipal Engineer shall forward a
disapproval letter to the Municipal 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 § 182-5 of this chapter, which require a building permit, the Municipal Engineer shall notify the municipal Building Permit Officer in writing, within a time frame consistent with the municipal Building Code[1] and/or Chapter 190, Subdivision and land development, 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 Municipal
Engineer's letter stating that the drainage plan is consistent
with the stormwater management plan to the Conservation District.
Pennsylvania DEP and the Conservation District may consider the Municipal
Engineer's review comments in determining whether to issue a
permit.
E.
For any SWM site plan that proposes to use any BMPs other than green
infrastructure and LID practices to achieve the volume and rate controls
required under this chapter, the municipality will not approve the
SWM site plan unless it determines that green infrastructure and LID
practices are not practicable.
F.
The Township of Maidencreek shall not grant approval or grant preliminary approval to any subdivision or land development for regulated activities specified in § 182-5 of this chapter if the drainage plan has been found to be inconsistent with the stormwater management plan, as determined by the Township of Maidencreek. All required permits from Pennsylvania DEP must be obtained prior to approval of any subdivision or land development.
G.
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 of Maidencreek
for final approval. The Township of Maidencreek may withhold approval
of the record drawings until the Township of Maidencreek receives
a copy of an approved highway occupancy permit from the PennDOT District
Office, NPDES permit, and any other applicable permits or approvals,
from Pennsylvania DEP or the Conservation District. The above permits
and approvals must be based on the record drawings.
H.
The Township of Maidencreek's approval of a drainage plan shall be valid for a period not to exceed five years, commencing on the date that the Township of Maidencreek 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 of Maidencreek may consider the drainage plan disapproved and may revoke any and all permits. Drainage plans that are considered disapproved by the Township of Maidencreek shall be resubmitted in accordance with § 182-29 of this chapter.
I.
For municipalities located in the Lehigh County portion of the watershed,
the drainage plan must be submitted to the Lehigh Planning Commission
(LVPC) for review. The municipalities shall take the LVPC's comments
into consideration.
A.
A modification to a drainage plan under review by the Township of Maidencreek for a development site that involves a change in stormwater management facilities or techniques, or that involves the relocation or redesign 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 of Maidencreek, shall require a resubmission of the modified drainage plan consistent with § 182-26 of this chapter and be subject to review as specified in § 182-27 of this chapter.
B.
A modification to an already approved or disapproved drainage plan
shall be submitted to the Township of Maidencreek, accompanied by
the applicable municipal review and inspection fee. A modification
to a drainage plan for which a formal action has not been taken by
the Township of Maidencreek shall be submitted to the municipality,
accompanied by the applicable municipal review and inspection fee.
A disapproved drainage plan may be resubmitted, with the revisions addressing the Township of Maidencreek's concerns documented in writing and addressed to the Municipal Secretary in accordance with § 182-26 of this chapter and distributed accordingly and be subject to review as specified in § 182-27 of this chapter. The applicable municipal review and inspection fee must accompany a resubmission of a disapproved drainage plan.
