All regulated land disturbance activities within the Township shall be designed, implemented, operated and maintained to meet the purposes of this chapter, through these two elements:
No regulated land disturbance activities within the Township shall commence until the requirements of this chapter are met.
Land disturbance activities not in excess of 2,500 square feet shall be exempt from all requirements of this chapter.
For land disturbance activities not in excess of 10,000 square feet of disturbed area, a plan shall be provided that shows capture and infiltration and/or retention of the stormwater runoff volume from all proposed new impervious areas for up to and including the one-year, twenty-four-hour duration storm.
For all land disturbance activities greater than 10,000 square feet of disturbed area, a full post-construction stormwater management plan that meets all of the requirements of this chapter shall be provided.
The Township may, after consultation with the PA DEP, approve measures for meeting the state water quality requirements other than those in this chapter, providing that they meet the minimum requirements of, and do not conflict with, state law including, but limited to, the Clean Streams Law.
Applicants shall select runoff control techniques or a combination of techniques which are most suitable to control stormwater runoff from the development site. All controls must be subject to approval of the Township Engineer. For alternative control measures not provided in the PA Stormwater BMP Manual, the Township Engineer may request specific information on design and/or operation of the proposed alternative stormwater controls in order to determine their suitability and adequacy in terms of the standards of this chapter. The Township Engineer may also obtain assistance from the PA DEP to evaluate those alternative control measures.
All stormwater and erosion and sediment control plans shall be kept on-site during construction and be made available to any designated inspector of official of the Township or state.
Notification of adjacent property owners shall be made by the developer when stormwater flows onto the adjacent properties may be altered.
Land disturbance activities directly related to agriculture and silviculture are exempt from the requirements of this chapter.
Erosion and sediment control during regulated land disturbance activities shall be addressed as required by § 99-14 and shall meet all requirements under Title 25 of Pa. Code Chapter 102.
All best management practices (BMPs) used to meet the requirements of this chapter shall conform to the state water quality requirements, and any more stringent requirements as determined by the Township.
Techniques described in Appendix A (Low Impact Development Practices) of this chapter are encouraged, because they reduce the costs of complying with the requirements of this chapter and the state water quality requirements.
Application. Every applicant for a permit shall file a written application therefor with the Township. Such application shall:
Describe the land on which the proposed work is to be done, by lot, block, tract, or street address, or similar description that will readily identify and definitely locate the proposed work.
Be accompanied by plans and specifications prepared by a registered professional engineer or surveyor:
Drainage area map(s) showing the existing and proposed drainage area delineations as well as the existing and proposed contours at a scale of one inch equals 50 feet and a contour interval of not less than two feet. Ten foot minimum contour intervals may be acceptable for large development sites and/or sites with high topographic relief. The contours shall extend far enough on the maps to support the drainage area delineations provided. In addition to the drainage area delineations, the drainage area maps shall also include the time of concentration flow paths for existing and proposed conditions to all drainage points of interest on the map.
A plan showing cross sections of the proposed cut on fifty-foot intervals which show the method of benching both cut and/or fill. Under no circumstances shall there be less than two cross sections for each property involved under said permit.
Plot plans showing the property boundaries, adjacent property boundaries and owners, location of the grading, proposed lot lines, neighboring streets and rights-of-way, existing and proposed roadways, existing and proposed buildings, existing water and sanitary lines and facilities, source water facilities, existing and proposed storm drainage and stormwater management facilities, existing utility lines, existing trees 12 inches and over in diameter (measured two feet above the ground) and other data to show the location of all work.
Description and classification of the soils located on the site. All soils analyses, reports and stormwater designs shall be based upon current field conditions of the soils. Soils maps and reports should be based on the current National Cooperative Soil Survey (NCSS) as provided on the USDA NRCS Web Soil Survey Internet site soils analyses, reports and stormwater designs shall be based upon current field conditions of the soils. Soils maps and reports should be based on the current National Cooperative Soil Survey (NCSS) as provided on the USDA NRCS Web Soil Survey Internet site.
A plan showing details and location of watercourses and tributaries (either named or unnamed), one-hundred-year floodplains and floodways (FEMA maps where available, otherwise 50 feet from tops of stream bank), wetlands, highly erodible soils, steep slopes (greater than 25%) and other sensitive areas of the development site.
Area and details of paving and any proposed drainage structures and pipes.
Details of walls and cribbing.
Details of bridge and/or culverts required to cross over watercourses.
Nature of fill material.
Any such other information as the Township may require to carry out the purpose of this chapter.
All plans shall be dated and shall bear the name and seal of the registered professional engineer who prepared the same, the name of the applicant, and the name of the owner of the land.
All plans shall be submitted in triplicate.
All plans shall include detailed drawings of an erosion and sedimentation control plan approved by the Westmoreland Conservation District.
Provide a description of how each permanent stormwater BMP will be operated and maintained, and the identity of the person(s) responsible for operations and maintenance.
All stormwater management controls must be shown on a map and described, including:
Groundwater recharge methods, such as seepage pits, seepage tanks, beds, and trenches. When these structures are used, the location of septic tank infiltration areas and wells must be shown and a cross section shall be provided.
Other control devices or methods, such as rooftop storage, semipervious paving materials, grass swales, parking lots, ponding, vegetated strips, detention and retention ponds, storm sewers, etc.
A schedule for installation of all temporary and permanent control measures and devices as well as construction activities.
All calculations, assumptions, and criteria used in the design of the control devices or method.
A twenty-five-foot right-of-way around all stormwater management structures (retention/detention basins) and from such structures to a public right-of-way.
A twenty-foot easement around all stormwater conveyance/collection facilities.
An executed signature block by a registered professional engineer, surveyor, or landscape architect as follows:
"I, __________, have prepared and hereby certify that the stormwater management plan meets all design standards and criteria of Unity Township's Stormwater Management and Land Disturbance Activity Ordinance."
A statement, signed by the landowner, acknowledging that the stormwater BMPs are fixtures that can be altered or removed only after approval by the Township.
State the estimated dates of the starting and completion of the grading work.
State the purpose for which the grading application is filed.
The Township may waive the requirement of any or all plans and specifications listed in the previous subsection if he finds that the information on the application is sufficient to show that the work will conform to the provisions of this chapter.
All plans and supporting documentation shall be submitted to the Township in triplicate.
Issuance of permit.
The Code Official shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this chapter and other applicable codes and ordinances.
Prior to the issuance of any permit, the Code Official shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act, Act 537 of 1967, as amended; the Pennsylvania Dam Safety and Encroachments Act, Act 325 of 1978, as amended; the Pennsylvania Clean Streams Law, Act 394 of 1937, as amended; the United States Clean Water Act, Section 404, 33 U.S.C. § 1344; and the Pennsylvania One Call System, Act 187 of 1996, as amended. No permit shall be issued until this determination has been made.
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Township of Unity and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands. In addition, the Federal Insurance Code Official and Pennsylvania Department of Community and Economic Development, Bureau of Community Planning, shall be notified by the Township of Unity prior to any alteration or relocation of any watercourse.
The Code Official shall act on the application within 30 days of receipt of a completed application. If the Code Official does not act upon said application within 30 days, the permit shall be deemed approved.
The permit and all plans and specifications shall be kept at the work site during the progress of the work.
Denial of permit.
Where, in the opinion of the Code Official, the work as proposed by the applicant is likely to endanger any person, any property, or any street or way, the Code Official shall deny the permit.
In determining whether the proposed work is likely to endanger property, streets or alleys, or streams or create hazardous situations or damage the ecology of the area, the Code Official shall give due consideration to, but shall not be limited to, possible saturation by rains, earth movements, runoff of surface waters, and subsurface conditions, such as the stratification and faulting of rock, and the nature and type of the soil, rock, or other minerals and extent of removal, if any.
Appeal of denial of permit.
The applicant may appeal the decision of the Code Official to the Township, which may consider alternate methods, standards, or materials proposed by the applicant.
Fees. Before issuance of a permit, the Code Official shall collect a permit application fee in the amount as set forth by the Township of Unity. This fee shall be sufficient to cover the cost of the administrative review, the technical review of the stormwater management and land disturbance plan and any special meetings pertaining to the land disturbance plan. The Township shall adopt, by separate resolution, the applicable fee schedule.
Before issuance of a permit, the applicant shall post a bond, with corporate surety or other approved security, in an amount of 25% of the estimated cost of the work to guarantee the completion of said work, which shall include the estimated cost of surface treatment, drainage, stormwater management, clean fill, slope stability, and an erosion and sedimentation control plan contemplated by the permit.
In the event that the permit will affect more than 50,000 square feet or more than 30,000 cubic yards, then a security agreement shall be required by the Board of Supervisors of the Township of Unity, in accordance with a security agreement supplied by the Township of Unity.
No activity shall commence and no permit shall be issued until the formal agreement, if required, is signed by both parties and, in all cases, the bond is posted.
Expiration of permit. Every permit shall expire and become null and void if the work authorized by such permit has not been commenced within six months or is not completed within one year from the date of issuance. The Code Official may, if the permit holder presents satisfactory evidence, in writing, that unusual difficulties have prevented the work from being started or completed within the specified time limits, grant a reasonable extension of time to commence or complete the work. The application for the extension of time shall be made before the date of expiration of the permit.
A modification to an approved stormwater management plan which involves a change in control methods or techniques or which involves the relocation or redesign of control measures or which is necessary because soil or other conditions which are not as stated on the approved plan (as determined by Unity Township or its designee) shall be considered after resubmission of the plan under the procedures contained in § 99-12A of this chapter. Unity Township or its designee shall notify the applicant when such plan modifications are required.
In the event that modification of the plans must be done during earthmoving procedures, no modification shall be done unless the Township or its designee has been contacted and has had an opportunity to review, on site, the proposed modification of the plan. If the Township or its designee agrees to the modification of said plans, the same shall be first reduced to a writing executed by both the developer and the Township or its designee, as agent for the Township, approving said modification, and the stormwater management plan and drawings as submitted by the developer shall, within five days of said modification, be amended so as to accurately reflect the modifications approved by the Township.
The following permit requirements may apply to certain regulated land disturbance activities, and must be met prior to commencement of regulated land disturbance activities, as applicable:
All regulated land disturbance activities subject to permit requirements by DEP under regulations at 25 Pa. Code Chapter 102.
Work within natural drainage ways subject to permit by DEP under 25 Pa. Code Chapter 105.
Any stormwater management facility that would be located in or adjacent to surface waters of the commonwealth, including wetlands, subject to permit by DEP under 25 Pa. Code Chapter 105.
Any stormwater management facility that would be located on a state highway right-of-way, or require access from a state highway, shall be subject to approval by the Pennsylvania Department of Transportation (PENNDOT).
Culverts, bridges, storm sewers or any other facilities which must pass or convey flows from the tributary area and any facility which may constitute a dam subject to permit by DEP under 25 Pa. Code Chapter 105.
No regulated land disturbance activities within the Township shall commence until an approval has been received from the Township and the Westmoreland Conservation District of an Erosion and Sediment Control (E&SC) Plan for construction activities.
DEP has regulations that require an erosion and sediment control plan for any land disturbance activity of 5,000 square feet or more, under 25 Pa. Code § 102.4(b). This plan shall be submitted to the Township at the time of the submission of the land disturbance application for review by the Township Engineer. The E&SC plan, as approved by the Township and the Westmoreland Conservation District, shall be kept on site and be made accessible to the Township or its representative as necessary.
In addition, under 25 Pa. Code Chapter 92, a DEP "NPDES Construction Activities" permit is required for regulated land disturbance activities with total disturbed area of 1.0 acre or more.
The BMPs shall be identified in a plan, and a permit if applicable, as required by PADEP regulations at 25 Pa. Code Chapter 102.
Evidence of any necessary permit(s) for regulated land disturbance activities from the appropriate DEP regional office or County Conservation District must be provided to the Township.
A copy of the erosion and sediment control plan and any required permit, as required by DEP regulations, shall be available at the project site at all times.
No regulated land disturbance activities within the Township shall commence until approval by the Township of a plan which demonstrates compliance with state water quality requirements after construction is complete.
The BMPs must be designed, implemented and maintained to meet state water quality requirements, and any other more stringent requirements as determined by the Township.
To control post-construction stormwater impacts from regulated land disturbance activities, state water quality requirements can be met by BMPs, including site design, which provide for replication of pre-construction stormwater infiltration and runoff conditions, so that post-construction stormwater discharges do not degrade the physical, chemical or biological characteristics of the receiving waters. As described in the DEP Comprehensive Stormwater Management Policy (No. 391-0300-002, September 28, 2002), this may be achieved by the following in order of preference:
Low-impact development. Implementation to the maximum extent practicable the use of low-impact development in the site layout and design (refer to Appendix A of this chapter);
Infiltration. Replication of pre-construction stormwater infiltration conditions;
Treatment and flow attenuation. Use of water quality treatment BMPs to ensure filtering out of the chemical and physical pollutants from the stormwater runoff and the use of open vegetated swales to slow the rate of runoff to the centralized stormwater detention/retention facilities; and
Stream bank and streambed protection. Management of volume and rate of post-construction stormwater discharges through centralized stormwater detention/retention facilities to prevent physical degradation of receiving waters (e.g., from scouring).
DEP has regulations that require municipalities to ensure design, implementation and maintenance of best management practices (BMPs) that control runoff from new development and redevelopment after regulated land disturbance activities are complete. These requirements include the need to implement post-construction stormwater BMPs with assurance of long-term operations and maintenance of those BMPs.
Evidence of any necessary permit(s) for regulated land disturbance activities from the appropriate DEP regional office must be provided to the Township. The issuance of an NPDES Construction Permit [or permit coverage under the statewide General Permit (PAG-2)] satisfies the requirements of § 99-15A.