NORTH CORNWALL TOWNSHIP STORM WATER MANAGEMENT ORDINANCE

Transcription

1 NORTH CORNWALL TOWNSHIP STORM WATER MANAGEMENT ORDINANCE OF 2013 NOVEMBER 20, 2013 Prepared by:

2 TABLE OF CONTENTS ARTICLE I GENERAL PROVISIONS Section 101 Title..... I 1 Section 102 Statement of Findings.. I 1 Section 103 Purpose..... I 2 Section 104 Statutory Authority I 2 Section 105 Applicability..... I 3 Section 106 General Requirements.. I 3 Section 107 Repealer I 3 Section 108 Severability.. I 4 Section 109 Compatibility with Ordinance Requirements... I 4 Section 110 Municipal Liability... I 4 Section 111 Erroneous Permit.. I 4 ARTICLE II DEFINITIONS Section 201 Definition of Terms.. II 1 Section 202 Definitions.... II 1 ARTICLE III PLAN PROCESSING PROCEDURES Section 301 General..... III 1 Section 302 Compliance With Zoning Ordinance and Zoning Hearing Board Decisions... III 1 Section 303 Application and Processing Requirements..... III 1 ARTICLE IV STORM WATER MANAGEMENT SITE PLAN REQUIREMENTS Section 401 General Requirements IV 1 Section 402 Exemptions..... IV 1 Section 403 Minor Land Disturbance Plan Contents... IV 2 North Cornwall Township i November 20, 2013

3 Section 404 Major Land Disturbance Plan Contents... IV 2 Section 405 Notifications. IV-11 Section 406 Certificates... IV-12 ARTICLE V STORM WATER MANAGEMENT AND FLOODPLAIN CONTROLS Section 501 General Requirements V 1 Section 502 Design Standards..... V 2 Section 503 Methods of Computing Runoff.... V 5 Section 504 Design Standards Water Carrying Facilities..... V 6 Section 505 Design Standards Detention and Retention Basins V 9 Section 506 Design Standards Erosion and Sediment Control V 11 Section 507 Design Standards Best Management Practices V 12 Section 508 Design Standards Infiltration BMP s.... V 14 ARTICLE VI MAINTENANCE, FINANACIAL, SECURITY, MODIFICATIONS, PROHIBITED ACTIVITIES AND ADMINISTRATION Section 601 Ownership, Maintenance and Operation of Storm Water Management Facilities.. VI 1 Section 602 Modifications of Approved Plans and Facilities VI 4 Section 603 Financial Security..... VI 4 Section 604 As-Built Plans VI 6 Section 605 Prohibition Against Non-Storm Water Discharges VI 7 Section 606 Right of Entry... VI 8 Section 607 Notification.. VI 8 Section 608 Enforcement / Violations..... VI 9 Section 609 Penalties / Remedies VI 10 Section 610 Appeals VI 11 Section 611 Construction. VI 11 Section 612 Effective Date.. VI 12 APPENDICES Appendix No. 1 Review and Approval Certificates Appendix No. 2 Certificate of Ownership,Acknowledgment of Plan, and Offer of Dedication Appendix No. 3 Runoff Coefficients "C" for Rational Formula Appendix No. 4 Runoff Curve Numbers "CN" for SCS Method North Cornwall Township ii November 20, 2013

4 Appendix No. 5 Storm Intensity Duration Frequency Curves for Region 4 Appendix No. 6 Nomograph for Determining Sheet Flow for use with The Rational Method Appendix No. 7 Time of Concentration / Travel Time Worksheet North Cornwall Township iii November 20, 2013

5 ARTICLE I - GENERAL PROVISIONS SECTION 101 TITLE This Ordinance shall be known as the North Cornwall Township Storm Water Management Ordinance of SECTION 102 STATEMENT OF FINDINGS 1. The Board of Supervisors of the Township of North Cornwall find that: A. Inadequate management of accelerated Storm Water runoff resulting from development throughout a watershed increases flood flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of existing streams and storm sewers, greatly increases the cost of public facilities to convey and manage Storm Water, undermines floodplain management and flood reduction efforts in upstream and downstream communities, reduces groundwater recharge, and threatens public health and safety. B. A comprehensive program of Storm Water management, including reasonable regulation of development and activities causing accelerated erosion, is fundamental to the public health, safety, welfare, and the protection of the people of the Township and all the people of the Commonwealth, their resources, and the environment. C. Storm Water is an important resource which recharges groundwater and impacts the water quality of streams. D. Federal and state regulations require this municipality to obtain a permit for discharges from its MS4 and to implement a program of Storm Water controls. E. A program of reasonable regulation of connections and discharges to municipal Storm Water Management Facilties will be beneficial. F. Public education on the control of pollution from Storm Water is an essential component in successfully addressing Storm Water issues. G. Federal and state regulations require certain municipalities to implement a program of Storm Water controls. These municipalities are required to obtain a permit for Storm Water discharges from their separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES). H. Non-Storm Water discharges to municipal separate storm sewer systems (MS4) can contribute to pollution of Waters of the Commonwealth. North Cornwall Township I-1 November 20, 2013

6 SECTION 103 PURPOSE 1. The purpose of this Ordinance is to promote health, safety, and welfare within North Cornwall Township by minimizing the damages described in Section 101.A of this Ordinance through provisions designed to: A. Meet the legal requirements of the NPDES MS4 Permit. B. Meet state water quality requirements. C. Manage accelerated runoff, scour, aggradation, degradation, and erosion and sedimentation problems at their source by regulating activities that cause these problems. D. Utilize and preserve the existing natural drainage systems. E. Encourage recharge of groundwater where appropriate and prevent degradation of groundwater quality. F. Maintain existing flows and quality of streams and watercourses in the Township and the Commonwealth. G. Preserve and restore the flood-carrying capacity of streams. H. Provide proper operations and maintenance standards and procedures for all temporary and permanent Storm Water Management Facilties and Best Management Practices (BMPs) that are constructed and implementedin the Township. I. Provide performance standards and design criteria for Storm Water management and planning. J. Manage Storm Water impacts close to the runoff source, with a minimum of structures and a maximum use of natural processes. K. Implement an "illegal discharge detection and elimination program" within the MS4 permitted urbanized areas to address non-storm water discharges into North Cornwall Township s separate storm sewer system. SECTION 104 STATUTORY AUTHORITY The Board of Supervisors of the Township of North Cornwall pursuant to the Pennsylvania Storm Water Management Act, Act No. 167 of October 4, 1978, (P.L. 864) (Act 167), Section 680.1, et. seq., as amended, the Second Class Township Code, Act of May 1, 1933 (P.L. 103, No. 69), reenacted and amended November 9, 1995 (P.L. 350, No. 60), as amended and the Pennsylvania Flood Plain Management Act, Act No. 166 of October 4, 1978 (P.L. 851) hereby enacts and ordains this Ordinance as the North Cornwall Township Storm Water Management Ordinance. North Cornwall Township I-2 November 20, 2013

7 SECTION 105 APPLICABILITY 1. This Ordinance shall apply to all Regulated Activities as defined by this Ordinance within North Cornwall Township. 2. This Ordinance shall apply to permanent Storm Water Management Facilties constructed as part of any of the Regulated Activities listed in this Section. Erosion and sedimentation control during construction activities are not specifically regulated by this Ordinance, but shall continue to be regulated by PADEP under Chapter 102, the NPDES Permit program and the Pennsylvania Clean Streams Law. 3. The following activities are defined as Regulated Activities and shall be regulated by this Ordinance: A. Any discharges to the Township MS4 including Storm Water from Regulated Earth Disturbance activities. B. All Subdivisions or Land Developments. C. Major or Minor Land Disturbances. D. Construction of new or additional impervious or semi-pervious surfaces (driveways, parking lots, etc.). E. Construction of new buildings or additions to existing buildings. F. Diversion or piping of any natural or man-made stream channel. G. Installation of Storm Water Management Facilties or appurtenances thereto. SECTION 106 GENERAL REQUIREMENTS For any of the activities regulated by this Ordinance, the final approval of subdivision and/or land development plans, the issuance of any zoning 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 a Storm Water Management Plan from the Township or its designee. SECTION 107 REPEALER Any provisions of any ordinance of North Cornwall Township inconsistent with any of the provisions of this Ordinance are hereby repealed to the extent of the inconsistency only. North Cornwall Township I-3 November 20, 2013

8 It is not intended by this Ordinance to repeal, abrogate, annul, or interfere with any existing ordinances or enactment, or with any rule, regulation, or permit adopted or issued thereunder, except insofar as the same may be inconsistent or in conflict with any of the provisions of this Ordinance, provided that where this Ordinance imposes greater restrictions upon the use of land, or prescribed larger open spaces than are required by the provisions of other such ordinance, enactment, rule, regulation or permit, then the provisions of this Ordinance shall control. Furthermore, if a discrepancy exists between any regulations contained within this Ordinance, that regulation which imposes the greater restriction shall apply. SECTION 108 SEVERABILITY Should any section, provision or part thereof of this Ordinance be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this Ordinance. SECTION 109 COMPATIBILITY WITH ORDINANCE REQUIREMENTS Approvals issued pursuant to this Ordinance do not relieve the Applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. Whenever there is a difference between the minimal applicable standards specified herein and those included in other applicable Township regulations the regulation which imposes the greater restriction shall apply. SECTION 110 MUNICIPAL LIABILITY The degree of Storm Water management sought by the provisions of this Ordinance is considered reasonable for regulatory purposes. The issuance of approvals or permits by the Township of North Cornwall, its officers, or employees shall not be deemed to relieve the developer of responsibility, if any such responsibility exists, to those adversely affected by the drainage of water. Further, the municipality through the issuance of an approval or permit assumes no responsibility to either the developer or the adjoining property owner affected by the drainage of water. SECTION 111 ERRONEOUS PERMIT Any permit or authorization issued or approved based on false, misleading or erroneous information provided by an applicant is void without the necessity of any proceedings for revocation. Any work undertaken or use established pursuant to such permit or other authorization is unlawful. No action may be taken by a board, agency, or employee of the Township purporting to validate such a violation. North Cornwall Township I-4 November 20, 2013

9 ARTICLE II DEFINITIONS SECTION 201 DEFINITIONS OF TERMS For the purposes of this Ordinance, certain terms and words used herein shall be interpreted as follows: 1. Words used in the present tense include the future tense; the singular number includes the plural, and the plural number includes the singular; words of masculine gender include those of feminine gender and vice-versa. 2. The word includes or including shall not limit the term to the specific example but is intended to extend its meaning to all other instances of like kind and character. 3. The word person includes an individual, firm, association, organization, partnership, trust, company, corporation, or any other similar entity. 4. The words shall and must are mandatory; the words may and should are permissive. 5. The words used or occupied include the words intended, designed, maintained, or arranged to be used or occupied. SECTION 202 DEFINITIONS Specific terms or words used herein, unless otherwise expressly stated, shall have the following meanings: Accelerated Erosion - The removal of the surface of the land through the combined action of man s activity and the natural processes at a rate greater than would occur because of the natural process alone. Act 167 Plan - The Plan for managing storm water runoff in a specific watershed and adopted by Lebanon County as required by the Storm Water Management Act. Agricultural Activities - The work of producing crops and raising livestock including tillage, land clearing, plowing, disking, harrowing, planting, harvesting, pasturing, raising of livestock and installation of conservation measures. Construction of new buildings or impervious areas is not considered an agricultural activity. Alteration - As applied to land, a change in topography as a result of the moving of soil and rock from one location or position to another; also the changing of surface conditions by causing the surface to be more or less impervious; any land disturbance. Applicant - A Landowner or Developer who has filed an application for approval to engage in any Regulated Activities as defined in Section 104 of this Ordinance. North Cornwall Township II-1 November 20, 2013

10 Best Management Practice or (BMP) Activities, facilities, designs, measures, or procedures used to manage storm water impacts from regulated activities, to meet state water quality requirements, to promote groundwater recharge, and to otherwise meet the purposes of this Ordinance. Storm water BMP s are commonly grouped into one of two broad categories or measures: structural or nonstructural. In this Ordinance, nonstructural BMP s or measures refer to operational and/or behavior-related practices that attempts to minimize the contact of pollutants with storm water runoff whereas structural BMP s or measures are those that consist of a physical device or practice that is installed to capture and treat storm water runoff. Structural BMP s include, but are not limited to, a wide variety of practices and devices, from large scale retention ponds and constructed wetlands, to small scale underground treatment systems, infiltration facilities, filter strips, low impact design, bioretention, wet ponds, permeable paving, grassed swales, riparian or forested buffers, sand filters, detention basins, and manufactured devices. Structural storm water BMP s are permanent appurtenances to the project site. BMP Manual Shall mean the Pennsylvania Stormwater Best Management Practices Manual as published by the PA Department of Environmental Protection or (PADEP), Bureau of Watershed Management, document number: , effective date: December 30, 2006, and as revised. Board of Supervisors or Board The North Cornwall Township Board of Supervisors. Channel Erosion - The widening, deepening, and headward cutting of small channels and waterways, due to erosion caused by moderate to large floods. Chapter the regulations of PADEP, 25 Pa. Code et seq. Chapter the regulations of PADEP, 25 Pa. Code et seq. Chapter the regulations of PADEP, 25 Pa. Code et seq. Cistern - An underground reservoir or tank for storing rainwater. Conservation District - The Lebanon County Conservation District. Conveyance - The ability of a pipe, culvert, swale or similar facility to carry the peak flow from the design storm. Culvert - A structure with appurtenant works which carries a stream under or through an embankment or fill. Dam - An artificial barrier, together with its appurtenant works, constructed for the purpose of impounding or storing water or another fluid or semifluid, or a refuse bank, fill or structure for highway, railroad or other purposes which does or may impound water or another fluid or semifluid. A dam shall comply with the requirements of Chapter North Cornwall Township II-2 November 20, 2013

11 105, Dam Safety and Waterway Management, if determined by PADEP to be a regulated structure. Design Storm - The magnitude and temporal distribution of precipitation from a storm event measured in probability of occurrence (e.g., a 5-year storm) and duration (e.g., 24- hours), used in the design and evaluation of storm water management systems. Designee - The agent of the North Cornwall Township Board of Supervisors involved with the administration, review or enforcement of any provisions of this Ordinance. Detention Basin - An impoundment structure designed to manage storm water runoff by temporarily storing the runoff and releasing it at a pre-determined rate. Developer - A person who undertakes any Regulated Activity of this Ordinance. Development Site - The specific tract of land for which a Regulated Activity is proposed. See also Project Site. Disappearing Stream - A stream that is underlain by limestone or dolomite which flows underground for a portion of its length. Disturbed Area - A land area where an Earth Disturbance Activity is occurring or has occurred. Downslope Property Line - That portion of the property line of the lot, tract or parcels of land being developed located at the topographically lowest point of the parcel such that some or all overland or pipe flow from the site would be directed toward it. Drainage Conveyance Facility - A storm water management facility designed to transmit storm water runoff and shall include streams, channels, swales, pipes, conduits, storm sewers, etc. Drainage Easement - A right granted by a Landowner to a grantee, allowing the use of private land for storm water management purposes. Earth Disturbance A construction or other human activity which disturbs the surface of the land including, but not limited to, clearing and grubbing, construction, grading, excavations, embankments, mining, road maintenance, timber harvesting which alters, disturbs, and exposes the existing land surface. Including the moving, depositing, stockpiling, or storing of soil, rock or earth materials. Ephemeral Stream - A transient stream, one that flows for a relatively short time. Erosion - The movement of soil particles by the action of water, wind, ice, or other natural forces. North Cornwall Township II-3 November 20, 2013

12 Erosion and Sediment Pollution Control Plan - A plan which is designed to minimize accelerated erosion and sedimentation. Existing Conditions - The initial condition of a project site prior to the proposed construction. FEMA - the Federal Emergency Management Agency. Flood - A general but temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers, and other waters of this Commonwealth, or from the unusual and rapid accumulation or runoff of surface waters from any source. Flood Elevation The projected heights, in relation to the North American Vertical Datum of 1988 (NAVD), reached by floods of various magnitudes and frequencies in the floodplain areas. Floodplain Any land area susceptible to inundation by water from any natural source or delineated by applicable Department of Housing and Urban Development, Federal Insurance Administration Flood Hazard Boundary - mapped as being a special flood hazard area. Included are lands adjoining a river or stream that have been or may be inundated by a one hundred (100)-year flood. Also included are areas that comprise Group 13 Soils, as listed in Appendix A of the Pennsylvania Department of Environmental Protection (PADEP) Technical Manual for Sewage Enforcement Officers (as amended or replaced from time to time by PADEP). Flood Plain Management Act - Act of October 4, 1978, P.L. 851, No. 166, as amended 32 P.S. Section et seq., and as may be amended in the future. Floodway The channel of the watercourse and those portions of the adjoining floodplains that are reasonably required to carry and discharge the one hundred (100)- year frequency flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the one hundred (100)-year frequency floodway, it is assumed - absent evidence to the contrary - that the floodway extends from the stream to fifty (50) feet from the top of the bank of the stream. Forest Management - Planning and activities necessary for the management of forest land which does not involve any land development. These include timber inventory and preparation of forest management plans, silvicultural treatment, cutting budgets, logging road design and construction, timber harvesting, site preparation and reforestation. Freeboard - A vertical distance between the elevation of the design highwater and the top of a dam, levee, tank, basin, or diversion ridge. The space is required as a safety margin in a pond or basin. North Cornwall Township II-4 November 20, 2013

13 Grade - A slope, usually of a road, channel or natural ground specified in percent and shown on plans as specified herein. Grassed Waterway - A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from cropland. Groundwater Recharge - Replenishment of existing natural underground water supplies. Impervious Surface - Any surface that prevents the percolation of water into the ground. All structures, buildings, parking areas, driveways, roads, sidewalks and any areas of concrete, asphalt stone or gravel shall be considered impervious surface. In addition, all other areas as determined by the Township Engineer to be impervious within the meaning of this definition shall also be considered impervious surface. Impoundment - A retention or detention basin designed to retain storm water runoff and release it at a controlled rate. Infiltration Structures - A structure designed to direct runoff into the ground (e.g. french drains, seepage pits, seepage trench). Inlet - A surface connection to a closed drain. A structure at the diversion end of a conduit. The upstream end of any structure through which water may flow. Karst a geological formation shaped by the dissolution of carbonate bedrock such as limestone or dolomite. The ground surface is characterized by the presence of sinkholes, closed depressions, rock pinnacles but with an absence of surface water. Land Development - Any of the following activities: A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving: (1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or (2) the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features. B. A subdivision of land. C. Development in accordance with Section 503 (1.1) of the Pennsylvania Municipalities Planning Code. North Cornwall Township II-5 November 20, 2013

14 Landowner - The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the Landowner, or any other person(s) that have a proprietary interest in the land. Land Disturbance - Any activity involving grading, tilling, digging, or filling of ground or stripping of vegetation or any other activity that causes an alteration to the natural condition of the land; the erection of a dwelling or other structure; or the modification, removal, filling, or alteration of an existing storm water management facility or drainage easement. Land Disturbance Activities shall be classified as follows: A. Major Land Disturbance Activity: (1) Any use requiring the submission of a subdivision or land development plan as herein defined; (2) Any land disturbance not defined as a minor land disturbance activity or deemed to qualify as a minor land disturbance activity by the Township; (3) Any use involving the diversion or piping of any natural or man-made watercourse or existing drainage pattern; (4) Any use involving the installation of ground cover, grading, filing, excavation, or disturbance of woodland in excess of one (1) acre except for the use of land for agricultural plowing and tilling and the science of forestry when operated in accordance with approved conservation and erosion control practices. B. Minor Land Disturbance Activity: (1) The use of land on an existing lot of record, including subdivided lots or land developments approved under a Major Land Disturbance Activity, provided that: (a) (b) (c) (d) The use is not within a floodplain area; No diversion or piping of any natural or man-made water course or existing drainage pattern is involved; A residential use that does not involve the removal of ground cover, grading, filling, or excavation of more than one (1) acre; A non-residential use that does not involve the construction of a building or building addition, or other impervious area in excess of one thousand five hundred (1,500) square feet, involve the removal of ground cover, filling, or excavation of more than one (1) acre; and, (e) The use does not require the submission of a subdivision or land North Cornwall Township II-6 November 20, 2013

15 (f) development plan as herein defined. (2) Any use of the land, which in the opinion of the Township, represents minimal ground disturbance or impact to the environment. Lineament - A fracture on the order of 10's of kilometers long usually extending to the base below sedimentary rock. Main Stem or Main Channel - Any stream segment or other runoff conveyance facility used as a reach in the hydrologic model. Manning Equation or Manning Formula - A method for calculation of velocity of flow (e.g. feet per second, fps) and flow rate (e.g. cubic feet per second, cfs) in open channels based upon channel shape, roughness, depth of flow and slope. Open channels may include closed conduits so long as the flow is not under pressure. Memorandum of Understanding - An agreement between North Cornwall Township and the Lebanon County Conservation District to provide for cooperation between the Lebanon County Conservation District and the North Cornwall Township Board of Supervisors to jointly promote conservation of natural resources within North Cornwall Township on lands both public and private, for the purposes of preventing accelerated soil erosion and sedimentation of streams, reducing storm water damage, and promoting the health, safety and general welfare of the residents of North Cornwall Township. MPC - The Pennsylvania Municipalities Planning Code, Act of July 1, 1967, P.L. 805, No. 247, as reenacted and amended, 53 P.S. Section et seq., and as may be amended in the future. MS4 The Municipal Separate Storm Sewer System. Those urbanized areas of the Township as identified by the United States Census and as recognized by PADEP. Municipality The Township of North Cornwall, Lebanon County, Pennsylvania. Municipal Engineer - A qualified, professional engineer licensed to practice in the Commonwealth of Pennsylvania, duly appointed as the Township Engineer. See also township engineer. Natural Drainageway - An existing channel for water runoff that was formed by natural forces. NOAA Atlas 14 - Precipitation-Frequency Atlas of the United States, Atlas 14, Volume 2, US Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service, Hydrometeorological Design Studies Center, Silver Spring, Maryland (2004). North Cornwall Township II-7 November 20, 2013

16 NPDES - National Pollution Discharge Elimination System, which regulates point discharges. NRCS - Natural Resources Conservation Service (formally the Soil Conservation Service or SCS). Nonpoint Source Pollution - Pollution that enters a body of water from diffuse origins in the watershed and does not result from discernible, confined, or discrete conveyances. Open Channel - A storm water management element in which storm water flows with an open surface. Open channels include, but shall not be limited to, natural and man-made drainage ways, swales, streams, ditches, canals, and pipes flowing partly full. Outfall (i) Point where water flows from a conduit, stream, or drain; (ii) "Point Source" as described in 40 CFR at the point where the Township s storm sewer system discharges to Waters of the Commonwealth. Outlet - Points of water disposal from a stream, river, lake, tidewater or artificial drain. Parking Lot Storage - Involves the use of impervious parking areas as temporary impoundments with controlled release rates during rainstorms. PADEP - The Pennsylvania Department of Environmental Protection, formerly the Pennsylvania Department of Environmental Resources, or any agency successor to the Pennsylvania Department of Environmental Protection [Note: The Department of Environmental Resources was abolished by Act 18 of 1995]. Parent Tract - All contiguous land held in single and separate ownership, regardless of whether (i) such land is divided into one or more lots, parcels, purparts or tracts; (ii) such land was acquired by the Landowner at different times or by different deeds, devise, partition or otherwise; or (iii) such land is bisected by public or private streets or rightsof-way, which was held by the Landowner or his predecessor in title on the effective date of this Ordinance. Single and separate ownership is the ownership of property by any person, partnership, or corporation, in which ownership is separate and distinct from that of any adjoining property. Peak Discharge - The maximum rate of storm water runoff from a specific storm event. PennDOT - The Pennsylvania Department of Transportation or any agency successor thereto. Pennsylvania or PA BMP Manual The Pennsylvania Stormwater Best Management Practices Manual, latesr revision. Pipe - A culvert, closed conduit, or similar structure (including appurtenances) that conveys storm water. North Cornwall Township II-8 November 20, 2013

17 Plan - The storm water management and erosion and sediment pollution control plans and narratives. Planning Commission - The planning commission of North Cornwall Township, Lebanon County, Pennsylvania. PMF - Probable Maximum Flood - The flood that may be expected from the most severe combination of critical meteorologic and hydrologic conditions that are reasonably possible in any area. The PMF is derived from the probable maximum precipitation or (PMP) as determined on the basis of data obtained from the National Oceanographic and Atmospheric Administration or (NOAA). Project Site The specific area of land where any regulated activity is planned, conducted or maintained. Property Owner see Landowner Qualified Person or Qualified Professional Any person licensed by the Pennsylvania Department of State or otherwise qualified by law to perform the work required by this Ordinance. Rational Formula - A rainfall-runoff relation used to estimate peak flow. Record Plan - Where a regulated activity constitutes a subdivision or land development, the Final Subdivision or Land Development plan which contains the information the Ordinance requires. Where a regulated activity does not constitute a subdivision or land development, a Storm Water Management Site plan containing all required information and prepared in a form acceptable to the Office of the Recorder of Deeds for recording. Regulated Activities - Any earth disturbance activities or any activities that involve the alteration or development of land in a manner that may affect storm water runoff and that are specified in Article 1 of this Ordinance. Regulated Earth Disturbance Activity - Any activity involving earth disturbance subject to regulation under 25 Pa. Code 92a et seq., 25 Pa. Code 102 et seq. or the Clean Streams Law. Residential Dwelling Any building or portion thereof designed and used exclusively for residential occupancy including Single-family Detached, Duplex, Multiple Family, Townhouse, Two-family but does not include hospitals, hotels, rooming and lodging houses, boarding houses, institutional houses, tourist courts and the like offering overnight accommodations for guests or patients. Definitions of the different building types can be found in the Zoning Ordinance. North Cornwall Township II-9 November 20, 2013

18 Retention Basin - An impoundment in which storm water is stored and not released during the storm event. Stored water may be released from the basin at some time after the end of the storm. Return Period - The average interval, in years, within which a storm event of a given magnitude can be expected to recur. For example, the 25-year return period rainfall would be expected to recur on the average once every twenty-five (25) years. Riparian Buffer - A vegetated area bordering perennial and intermittent streams and wetlands, that serves as a protective filter that helps to protect streams and wetlands from the impacts of adjacent land uses. Riser - A vertical pipe extending from the bottom of a pond that is used to control the discharge rate from the pond for a specified design storm. Rooftop Detention - Temporary ponding and gradual release of storm water falling directly onto flat roof surfaces by incorporating controlled-flow roof drains into building designs. Runoff - Any part of precipitation that flows over the land surface. SCS - U.S. Department of Agriculture, Soil Conservation Service (now known as NRCS). Sediment - Soils or other materials transported by surface water as a product of erosion. Sediment Basin - A barrier, dam, retention or detention basin located and designed to retain rock, sand, gravel, silt, or other material transported by water. Sediment Pollution - The placement, discharge or any other introduction of sediment into the waters of the commonwealth occurring from the failure to design, construct, implement or maintain control measures and control facilities in accordance with the requirements of this Ordinance. Sedimentation - The process by which mineral or organic matter is accumulated or deposited by the movement of water. Seepage Pit/Seepage Trench - An area of excavated earth filled with clean loose stone or similar coarse material, into which surface water is directed for infiltration into the ground. Separate Storm Sewer System - A conveyance or system of conveyances (including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) primarily used for collecting and conveying storm water runoff. North Cornwall Township II-10 November 20, 2013

19 Sheet Flow - Runoff which flows over the ground surface as a thin, even layer, not concentrated in a channel. Soil-Cover Complex Method - A method of runoff computation developed by the SCS that is based on relating soil type and land use/cover to a runoff parameter called Curve Number or (CN). Soil Group, Hydrologic - A classification of soils by the Soil Conservation Service into four groups based on their minimum infiltration rate which is obtained for bare soil after prolonged wetting. The groups range from A soils, which are very permeable and produce little runoff, to D soils, which are not very permeable and produce much more runoff. The infiltration rates of soils vary widely and are affected by subsurface permeability as well as surface intake rates. The soils may be identified from a USDA soil survey available at the local USDA, NRCS or County Conservation District office. The soils information may also be obtained from the USDA website. Spillway - A depression in the embankment of a pond or basin which is used to pass peak discharge greater than the maximum design storm controlled by the pond. State Water Quality Requirements The regulatory requirements to protect, maintain, reclaim, and restore water quality under Title 25 of the Pennsylvania Code and the Clean Streams Law. Street A public or private right-of-way, excluding driveways, access drives, intended for use as a means of vehicular and pedestrian circulation that provides a means of access to abutting property. The word street includes thoroughfare, avenue, boulevard. court, drive, expressway, highway, lane, road, and similar terms. Storage Indication Method - A reservoir routing procedure based on solution of the continuity equation (inflow minus outflow equals the change in storage) with outflow defined as a function of storage volume and depth. Storm Frequency - The number of times that a given storm event occurs or is exceeded on the average in a stated period of years. See Return Period. Storm Sewer - A system of pipes and/or open channels that convey intercepted runoff and storm water from other sources, but excludes domestic sewage and industrial wastes. Storm Water Drainage runoff from the surface of the land resulting from precipitation, snow melt or ice melt. Storm Water Management Act - Act of October 4, 1978, P.L. 864, No. 167, as amended 32 P.S. Section et seq., and as may be amended in the future. Storm Water Management Facility - Any structure, natural or man-made, that, due to its condition, design, or construction, conveys, stores, or otherwise affects storm water runoff. Typical storm water management facilities include, but are not limited to, North Cornwall Township II-11 November 20, 2013

20 detention and retention basins, open channels, road gutters, swales, storm sewers, pipes, and infiltration structures. Storm Water Management Plan - The plan for managing storm water runoff from a project site. Storm Water Management Site Plan - The plan prepared by the Developer or his representative indicating how storm water runoff will be managed at the particular site of interest according to this Ordinance. The documentation of the storm water management system, if any, to be used for a given development site, the contents of which are established in Article IV of this Ordinance. Storm Water Management Permit - A permit issued by North Cornwall Township after the Storm Water Management Site Plan is unconditionally approved. Stream Enclosure - A bridge, culvert or other structure in excess of 100 feet in length, measured upstream to downstream, which encloses a regulated water of this Commonwealth. Subwatershed Area - The smallest drainage unit of a watershed for which storm water management criteria have been established in the Storm Water Management Plan. Subdivision - The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development: provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access or any residential dwelling, shall be exempted. Swale - A low lying stretch of land which gathers or carries surface water runoff. Timber Operations - See Forest Management. Time of Concentration or (Tc) - The estimated time for surface runoff to travel from the hydraulically most distant point of the watershed to a point of interest within the watershed. This time is the combined total of overland flow time and flow time in pipes or channels, if any. TR-20 - A computer-based hydrologic modeling technique generally used for large watersheds. Township The township of North Cornwall, Lebanon County, Pennsylvania. Water Quality Volume - The storage volume required to treat storm water runoff equivalent to the first 1.2 inches of runoff from the developed areas of the site. North Cornwall Township II-12 November 20, 2013

21 Watercourse - A stream of water, river, brook, creek, or a channel or ditch for water, whether natural or manmade. Waters of the Commonwealth - Any and all rivers, streams, creeks, rivulets, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth. Wetland - Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, ferns, and similar areas. Watershed - Area drained by a river, watercourse, or other surface water of this Commonwealth. North Cornwall Township II-13 November 20, 2013

22 ARTICLE III - PLAN PROCESSING PROCEDURES SECTION 301 GENERAL This article sets forth the application requirements for obtaining approval of a Storm Water Management Site Plan. The form of the plans referred to in this Article and information required to be forwarded with such plans shall be as specified in Article IV. SECTION 302 COMPLIANCE WITH ZONING ORDINANCE AND ZONING HEARING BOARD DECISIONS Whenever the Zoning Ordinance provides that the use proposed by the applicant for a subdivision or land development approval shall constitute a use by special exception or conditional use, or when a variance from the terms of the Zoning Ordinance is required to develop in accordance with the plan, the applicant shall obtain such special exception, variance or conditional use approval from the Township Zoning Hearing Board or Board of Supervisors, as applicable, prior to the submission of the plan. The plan shall be designed and developed in accordance with any conditions which have been imposed upon the grant of such special exception, variance or conditional use by the Township Zoning Hearing Board or Board of Supervisors, as applicable. SECTION 303 APPLICATION AND PROCESSING REQUIREMENTS ALL applications shall follow these application and processing requirements. 1. Formal Application/Submission Deadlines All applications for approval of a Storm Water Management Site Plan shall be made by the developer filing an application form, to be supplied by the Township, together with the appropriate plans, studies, reports, supporting data, and required filing fee, with the Township. Applications may be filed with the Township on any business day; however, the Township Planning Department or Board of Supervisors will review a plan at a particular meeting only if the plan was filed at least fifteen (15) business days prior to that meeting. 2. Application Requirements All plan applications shall include the following: A. Two (2) copies of the plan(s). All plans shall be either black on white or blue on white paper prints and prepared in conformance with the provisions of Article IV of this Ordinance. B. Two (2) copies of all reports, notifications, and certifications which are not provided on the plan. C. Two (2) copies of the latest application form D. Filing and Review Escrow fees in the amounts as specified on the fee schedule adopted by resolution of the Board of Supervisors and available at the Township Office. North Cornwall Township III-1 November 20, 2013

23 E. Two (2) copies of all reports required by Article IV. F. Plans which require access to a highway under the jurisdiction of the PA Department of Transportation shall include two (2) copies of the plans prepared to support the application for a Highway Occupancy Permit. G. Documentation that the plans have been properly filed with all other required approving agencies (local, state, and federal agencies, water and sewer authorities, utilities, etc.), if required. H. The applicant shall provide the Township with five (5) copies of the most current plan at least five (5) business days before the plan is scheduled to be reviewed by the Planning Commission or the Board of Supervisors. 3. Distribution The applicant shall submit the above-required information to the Township for review and the applicant shall submit one (1) copy to the Township Engineer for their review. 4. Initial Application The Township staff shall have seven (7) business days from the date of submission of an application to check the plans and documents to determine if they are in the proper form and contain all information required by this Ordinance. If the submission is incomplete or deficient, the application shall be returned to the applicant with a statement explaining the reason(s) for the rejection within twelve (12) business days following the date of submission by the applicant; otherwise, it shall be deemed accepted for filing as of the date of submission. Acceptance for filing shall not, however, constitute a waiver of any deficiencies or irregularities. Under this Section, the applicant may appeal a decision by the Township staff to the Board. 5. Amendments or Corrections to an Application The Township staff shall have seven (7) business days from the date of submission of an amended or corrected application or plan to determine whether such amended or corrected application results in a substantial amendment to the plan or if the application or plan filed is/was/has changed so as to be considered a new plan. If the Township staff determines that the amended or corrected application constitutes a substantial amendment, the applicant shall be informed of the determination within twelve (12) business days from the date of the submission of the amended or corrected application and the Township staff shall further inform the applicant that the Township shall consider the ninety (90) day review procedure to have been restarted as of the date of the filing of the substantial amendment. If the Township staff determines that the amended or corrected application constitutes a new plan, he shall so inform the applicant and shall inform the applicant that a new application and new fees are required. Under this Section, the applicant may appeal a decision by the Township staff to the Board. 6. Plan Review Process A. An application for Consideration of a Storm Water Management Plan and two (2) copies of the Storm Water Management Plan, calculations and report shall be North Cornwall Township III-2 November 20, 2013

24 submitted to the Township. B. All complete applications for approval of a plan shall be acted upon by the Board of Supervisors, which shall render its decision and communicate it to the applicant not later than ninety (90) days following the date the completed application is filed. C. The decision of the Board of Supervisors shall be in writing and shall be communicated to the developer personally or mailed to him at his last known address not later than fifteen (15) days following the decision. D. 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(s) relied upon. E. Failure of the Board of Supervisors to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented, unless the applicant has agreed in writing to an extension of time or change in 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. F. Approval of a Storm Water Management 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 Storm Water Management Facilties may begin until proof of recording of the required Ownership & Maintenance Program is presented and a zoning permit is obtained by the applicant in accordance with the Township Zoning Ordinance, as amended. 7. Modifications of the Provisions of This Ordinance A. The provisions of this Ordinance 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 Ordinance, and that the applicant shows that to the satisfaction of the 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 approved modifications, including conditions, shall be provided on the plan. B. In granting waivers, the Township may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this Ordinance. North Cornwall Township III-3 November 20, 2013

25 C. Application Requirements A request for a modification may be submitted to the Township at any time. All requests shall be in writing and accompanied by a plan prepared to the minimum standards of a Minor Land Disturbance Plan (See Section 402). The written request shall identify: (1) The specific section of this Ordinance which is requested to be modified. (2) The provisions proposed as an alternate to the requirements. The alternate provisions must be equal to or better than the requirements of, and consistent with, the intents of this Ordinance and shall not be contrary to the general public interest. (3) Justification for the modification. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based. D. Township Action (1) A modification request that is submitted as part of an application for a Storm Water Management Site Plan shall be processed along with that application of which it is a part. The plan processing procedures outlined in this Section shall apply. (2) If a modification request is not submitted with an application for a Storm Water Management Site Plan, then the processing procedures outlined in this section shall apply. (3) The Township may determine that a modification constitutes a substantial modification as specified in Section of this Ordinance, where upon the application may be deemed to be a new plan. North Cornwall Township III-4 November 20, 2013

26 ARTICLE IV STORM WATER MANAGEMENT SITE PLAN REQUIREMENTS SECTION 401 GENERAL REQUIREMENTS For any of the activities regulated by this Ordinance, the final approval of Subdivision and/or Land Development plans, the issuance of any zoning 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 a Storm Water Management Site Plan from the Township. SECTION 402 EXEMPTIONS Any Regulated Activity that meets one of the following exemption criteria is exempt from the provisions of this Ordinance. These criteria shall apply to the total development even if development is to take place in phases. The effective date of this Ordinance shall be the starting point from which respective impervious area computations shall be cumulatively considered. An exemption shall not relieve the applicant from implementing measures that are necessary to protect health, safety, and property. 1. Regulated Activities that create additional impervious areas less than or equal to 1,000 sq. ft., on existing lots of record, and which are improved with an existing principal building, are exempt from the requirements of this Ordinance except for Section 402.6, provided that the activities meet the following criteria. This exemption will be applied on a cumulative basis from the effective date of this Ordinance for the subject property. A. Any Applicant desiring exemption from design, plan submission, and plan processing requirements shall complete an application for exemption using the Exemption Form provided by the Township, including any applicable filing fee. B. The Applicant for exemption shall provide the Township with all information necessary for the Township to determine that: i. There shall be no disturbance of land within floodplains, wetlands or slopes greater than 15%. ii. No impervious surface coverage shall be installed and no grading or excavation shall be conducted within any existing swale, any other drainage system, within any storm water easement created by or shown on any recorded plan or cause the alteration of any existing storm sewer system. iii. The Applicant shall minimize soil disturbance, take steps to minimize erosion during construction activity, and promptly stabilize all disturbed areas. iv. The Applicant shall take steps to direct runoff from the proposed impervious surface to pervious areas on the subject property. No North Cornwall Township IV-1 November 20, 2013

27 concentrated runoff shall be directed to, or discharge onto, an abutting street or neighboring property. v. The proposed impervious surface shall not adversely impact any existing known problem areas or downstream property owner(s) or the quality of runoff entering any storm sewer. vi. The runoff generated by the proposed impervious surface and/or grading shall not create accelerated erosion. C. If the proposed activity does not meet all of the criteria set forth in Section B above, the Applicant shall follow the Major or Minor Land Disturbance processing procedure (as applicable) in Article III of this Ordinance. D. No Applicant and no activity is exempt from complying with any state or federal requirements applicable if the subject property is located in a High Quality (HQ) or Exceptional Value (EV) watershed. E. No Applicant and no activity shall violate or cause to be violated: the Federal Clean Water Act or any regulation issued thereunder, any NPDES permit, any recorded Storm Water Management or Operations and Maintenance Agreement, or any requirement applicable to a Municipal Separate Storm Sewer System. 2. Activities on lands which have a prior approved Storm Water Management Plan, which was approved prior to the adoption of this Ordinance and which, in the opinion of the Township following consultation with the Township Engineer adequately manages storm water resulting from the proposed activities, are exempt from the requirements of this Ordinance that may conflict with the requirements of the in effect at the time of the approval of the prior approved Storm Water Management Plan. 3. Use of the land for gardening and landscaping of property, when performed as an accessory use of the property are exempt from the requirements of this Ordinance. 4. Agricultural activity when operated in accordance with a conservation plan or an erosion and sedimentation pollution control plan found to be adequate by the Lebanon County Conservation District and performed according to the requirements of 25 Pa. Code Chapter 102. The agricultural activities such as growing crops, rotating crops, tilling of soil and grazing animals and other such activities are specifically exempt from the requirements of this Ordinance. 5. Forest Management/Timber Operations which are following the Department of Environmental Protections management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" and are operating under an erosion and sedimentation control plan according to the requirements of 25 Pa. Code Chapter 102 are specifically exempt from the requirements of this Ordinance. North Cornwall Township IV-2 November 20, 2013

28 6. The Township may deny or revoke any exemption pursuant to this Section at any time for any project that the Township believes may pose a threat to public health, safety, property, or the environment. SECTION 403 MINOR LAND DISTURBANCE PLAN CONTENTS 1. The Minor Land Disturbance Plan shall include a general plan of the lot configuration, existing and proposed building locations, grading, Storm Water management facilities, and erosion and sedimentation control facilities. 2. The Plan need not demonstrate literal compliance with all the provisions of this Ordinance; however, the plan shall demonstrate that the proposed activity will comply with the intent of this Ordinance as provided for in Section The Township may require additional information, or invoke any section of this Ordinance, as deemed necessary to adequately demonstrate compliance with the intent of this Ordinance. These requirements may be appealed to the Board of Supervisors. SECTION 404 MAJOR LAND DISTURBANCE PLAN CONTENTS DRAFTING STANDARDS All Storm Water Management Plans shall be prepared in accordance with the following drafting standards. 1. The plan shall be clearly and legibly drawn at a horizontal scale of 10 feet, 20 feet, 30 feet, 40 feet, or 50 feet to the inch. 2. All profiles of Storm Water Management Facilities, streets, sanitary sewer facilities, and water supply facilities shall be drawn at a horizontal scale of 1 = 50 and at a vertical scale of 1 = 10, or 1" = 5'. 3. A north arrow, graphic scale and written scale shall be provided. 4. Dimensions shall be in feet and decimals; bearings shall be in degrees, minutes and seconds. Lot line descriptions shall read in a clockwise direction. 5. The survey shall not have an error of closure greater than one (1) foot in ten thousand (10,000) feet. 6. The sheet size shall be no smaller than eighteen by twenty-two (18 x 22) inches and no larger than twenty-four by thirty-six (24 x 36) inches. If the plan is prepared in two (2) or more sections, a key map showing the location of the sections shall be placed on each sheet. If more than one (1) sheet is necessary, each sheet shall be the same size and numbered to show the relationship to the total number of sheets in the plan (e.g. Sheet 1 of 5). North Cornwall Township IV-3 November 20, 2013

29 404.2 PROJECT LOCATION AND IDENTIFICATION The following location and identification shall be included on all subdivision and land development plans: 1. The proposed project name or identifying title. 2. Name of the municipality or municipalities in which the project is located, including the location of any municipal boundaries if located within 200 feet of the subject tract. 3. The name and address of the Landowner of the tract (or his authorized agent), the developer/subdivider, and the firm that prepared the plans. 4. The file or project number assigned by the firm that prepared the plan, the plan date and the date(s) of all plan revisions. 5. The entire existing tract boundary with bearing and distances. (If it is the intention of the Landowner to retain a single lot with a lot area in excess of ten (10) acres, the boundary of that lot may be identified as a deed-plotting and may be drawn at any legible scale; if the retained lot has a lot area of ten (10) or less acres, it must be described to the accuracy of the requirements of this Ordinance). In the case of lot add-on plans, and revised final plans, the boundary of the receiving tract shall also be identified as a deed plotting and may be drawn at any legible scale. 6. The total acreage of the entire existing tract. 7. The location of existing lot line markers along the perimeter of the entire existing tract. 8. The zoning district, lot size and/or density requirements of the Township Zoning Ordinance. 9. A statement on the plan indicating the granting of a prior zoning amendment, special exception or variance, if applicable, along with any prior modifications granted by the Board of Supervisors to sections of this Ordinance. 10. The names of all adjacent and Landowners; both adjoining and across existing rights-of-way along with the plan book record numbers of all previously recorded plans for adjacent properties. 11. A location map, drawn to scale, relating the subdivision or land development to at least two (2) intersections of street centerlines, including the approximate distance to the intersection of centerlines of the nearest improved street intersection. 12. Source of title, deed, book, page, plan book (if applicable), and tax map, block, and North Cornwall Township IV-4 November 20, 2013

30 parcel number EXISTING FEATURES The following features shall be shown on all subdivision and land development plans and shall be shown on a separate sheet titled "Existing Features". No proposed features shall be included on this sheet. 1. Existing contours shall be shown at the following minimum vertical intervals: Average Natural Slope Required Contour Interval 0 to 3 % 1 foot contour interval 4 to 20% 2 foot contour interval 21% and greater 5 foot contour interval A. Contour interval may be adjusted based upon horizontal scale with concurrence of the Township Engineer. B. Contours shall be accompanied by the location of the bench mark and a notation indicating the datum used. The datum used by an Authority shall be used in all plans indicating connection to an Authority's public sewer system or public water system. C. Contours plotted by interpolation of Lebanon County or other source GIS mapping will only be accepted when there is no new construction or earth disturbance proposed by the plan. D. Contours plotted by interpolation of the United States Geodetic Survey 7.5' mapping will not be accepted. 2. The following items when located upon or within two hundred (200) feet of the tract must be shown but items located between fifty (50) and two hundred (200) feet of the project site may be located using the best available GIS or other reliable data: A. The location and name of existing rights-of-way and cartways for private or public streets, alleys and driveways. B. The location and size of the following features and any related right-of-way: sanitary sewer mains, water supply mains, fire hydrants, buildings, and Storm Water collection, conveyance and management facilities. C. The location and size of existing on-lot sewage systems and wells. D. The location of existing rights-of-way and easements for electric, gas and oil transmission lines, and railroads. North Cornwall Township IV-5 November 20, 2013

31 E. Significant environmental or topographic features such as floodplains, wetlands, quarry sites, solid waste disposal areas, historic structures, cemetery or burial sites, archaeological sites, highly erosive soils, or wooded areas. F. Additional information as deemed necessary by the Township Engineer. 3. The following items when located within the subject tract: A. The size, capacity and condition of the existing Storm Water management system and any other facility that may be used to convey storm flows. B. The location and size of existing on-lot sewage systems and wells. C. The location and use of existing buildings and other man-made features. D. Significant environmental or topographic features as identified in the North Cornwall Township Comprehensive Plan including, but not limited to: (1) Prime agricultural soils; (2) Underlying geology with any hazardous geology noted (i.e. karst areas etc.); (3) Floodplains; (4) Quarry sites; (5) Solid waste disposal areas; (6) Historic structures; (7) Cemetery or burial sites; (8) Archaeological sites; (9) Highly erosive soils; (10) Wooded areas; (11) Natural habitat; and, (12) PNDI sites (when known). E. The location of wetlands and supporting data. SECTION PROPOSED FEATURES AND PLAN INFORMATION 1. The following proposed features and plan information shall be shown on all Storm Water Management Site Plans and shall be shown on a separate sheet entitled "Proposed Features". The proposed features and plan information shall be overlaid upon a copy of the Existing Features Plan. The existing features shall be "screened" or "shaded" on the Proposed Features Plan. North Cornwall Township IV-6 November 20, 2013

32 A. Block and lot numbers in consecutive order (e.g. Block "A", Lots 1 through 10; Block "B", Lots 11 through 22). B. The location and configuration of proposed buildings, parking compounds, streets including cartway and right-of-way widths, alleys, driveways, common open space, recreational areas, and all other significant planned facilities. C. Total number of lots, units of occupancy, density, and proposed land use. If a multiple land use is proposed, the location of each land use shall be indicated. D. Easements and rights-of-way. E. Building setback line and building envelope. F. Identification of buildings or other features to be demolished or removed. G. Typical street cross-section for each proposed public or private street and typical cross-section for any existing street which will be improved as part of the application. Each cross-section shall include the entire right-of-way width. H. Storm Water Management Plans designed in accordance with Article 5 of this Ordinance. The following information shall be included: (1) All plans and profiles of the proposed Storm Water Management Facilities, including the horizontal and vertical location, size, and type of material. (2) For all basins, maximum design Storm Water surface elevations, inverts of pipes, complete dimensions of outlet structures, and any other information necessary to construct the structure. (3) Location of easements needed to provide for access to the Storm Water facilities. I. The guidelines for lot grading within the subdivisions. This information shall identify the direction of Storm Water runoff flow within each lot and the areas where Storm Water runoff flows will be concentrated. This information shall be shown by flow arrows or topographical data. J. A table indicating the existing zoning district, total tract area, required lot size, required setbacks, required maximum and/or minimum development density, maximum building height, maximum lot coverage, and number of lots in the proposed subdivision along with the proposals for each of these parameters. K. A statement on the plan indicating the granting of a zoning amendment, special exception or variance, if applicable, along with modifications granted North Cornwall Township IV-7 November 20, 2013

33 by the Board of Supervisors to sections of this Ordinance. L. Where the proposed subdivision or land development is located partially or wholly within an area prone to frequent flooding (either by impoundment or conveyance) as indicated by the flood boundary and floodway map, profiles, and supporting data, soil type or local historical record; the developer shall supply the location and elevation of all proposed roads, fills, utilities, buildings, Storm Water management, and erosion control facilities. M. Location of all percolation test holes, deep probe holes and proposed well locations. N. Easements for the on-lot sewage replacement locations. O. The location of all trees and/or woodlands on the site and location of trees and/or woodland to be removed and trees and/or woodlands to remain. P. The layout of lots with approximate dimensions, gross and net acreage. Q. Street centerline profile for each proposed public or private street shown on the plan including corresponding centerline stationing. R. A detailed grading plan. The grading plan shall include finished grades and ground floor elevations. This information may be provided on separate sheets and is not subject to recording with the final plans S. Identification of any lands to be dedicated or reserved for public, semi-public or community use. T. In the case of a plan which requires access to a highway under the jurisdiction of the Department of Transportation, the inclusion of the following plan note: "A Highway Occupancy Permit is required pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the 'State Highway Law', before access to a state highway is permitted. Access to the state highway shall be as authorized by a Highway Occupancy Permit, and the Board of Supervisors approval of this plan in no way implies that such a permit can be acquired." U. A schedule for the installation of all improvements as shown on the plan. In case of a plan calling for the installation of improvements beyond a five (5) year period, a schedule delineating all proposed sections as well as deadlines within which applications for plan approval of each section are intended to be filed shall be provided. Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of twenty-five (25) percent of the total number of dwelling units as depicted on North Cornwall Township IV-8 November 20, 2013

34 the preliminary plan. V. A detailed schedule of inspections, as generally outlined as follows, which is tailored for the site under consideration. All inspections shall be conducted by a qualified professional. (1) The Township shall inspect the improvements during construction. The developer shall pay the cost of any such inspection. The developer shall provide at least twenty-four (24) hours notice prior to the start of construction of any improvements that are subject to inspection. All inspections of completed items shall be requested, in writing, at least forty-eight (48) hours in advance of the inspection time and date. (2) It is generally required that the following phases of site construction have mandatory inspections. This general list of phases may be amended by mutual agreement of the Township and developer when the site requires special construction procedures. The inspection schedule must be shown on the approved Storm Water Management Site Plan. (3) General Site Construction Inspections (a) (b) (c) (d) (e) Upon completion of preliminary site preparation including stripping of vegetation, stockpiling of topsoil and construction of temporary erosion and sedimentation control devices. Upon completion of rough grading, but prior to placing topsoil, permanent drainage, or other site development improvements and ground covers. During the construction of permanent Storm Water Management and BMP Facilities. Upon the final completion of permanent Storm Water Management and BMP Facilities, including the establishment of ground covers and plantings. After review of the as-built drawings, required by Section 604, but prior to final release of the financial guarantee for completion of final grading, vegetative controls required by the BMP standards, or other site restoration work. (4) In addition to the above outlined observations, additional observations will be made at the request of the developer for reduction of financial securities. Random observations should be made at the frequency desired by the municipality. At the time of any of the above listed observations, all ongoing construction (i.e. storm drainage, sanitary sewer, water, erosion control, etc.) should also be checked for compliance with the approved plans and the findings reported. Since the above inspections are mandatory, it is North Cornwall Township IV-9 November 20, 2013

35 recommended that requests for reduction of financial guarantee to be submitted to coincide with the above inspections. (5) MS4 during Construction BMP Inspection Schedule. For those sites located within the designated MS4 area, the required MS4 inspection schedule and required record keeping shall be noted on the approved plans. These inspections may include but are not limited to: (a) (b) (c) (d) (e) (f) (g) The subgrade of infiltration facilities stone and/or concrete placement placement of liners rain garden installation permanent erosion control matting installation general site grading downspout locations. (6) Post-Construction Storm Water management BMP Inspection schedule. (a) (b) (c) (d) (e) The BMP inspection schedule shall be developed by the Applicant and comply with the current MS4 requirements The inspection schedule and record keeping requirements for the installed BMP s shall be noted on the approved plans. The inspections will include all BMP s such as rain gardens, recapture and reuse devices, plantings, storage devices, under and above ground infiltration facilities, downspouts, pervious paving, inlet water quality devices, swales and any other BMP specified on the plans. The minimum BMP inspection interval shall be noted on the approved plans: 1. During or immediately after each 10-year frequency storm event in addition to those listed below. 2. Annually for the first 5 years after construction. 3. After the first 5 years, once every 3 years. 4. At a greater frequency determined appropriate by unusual site conditions, as a result of conflicts with other permitting requirements (such as NPDES) or based on the judgment of the designer and/or Township Engineer. A note shall be placed on the plans indicating that the inspection reports generated by this section shall be submitted to the Township within 60 days of the inspection. Operation and maintenance requirements can be found in North Cornwall Township IV-10 November 20, 2013

36 Article VI. SECTION 405 NOTIFICATIONS 1. Notice from the Lebanon County Conservation District of the approval of the Erosion and Sedimentation Pollution Control Plan and issuance of the NPDES permit when applicable. 2. A note shall be placed on the plan indicating areas that are to be offered for dedication, if applicable. 3. Written notice from the Township that all proposed improvements have been designed to the standards of the Township and that financial guarantee and a completed improvement guarantee agreement in a form suitable to the Board of Supervisors has been received. 4. Such written notices of approval as may be required by this Ordinance, including but not limited to Storm Water runoff to adjacent properties as required by Section F and Section of this ordinance. 5. Notification from the appropriate state and federal agencies that permits have been issued, or are not required, for any proposed activities within streams, wetlands or any other state or federally regulated body of water. These permits include, but are not limited to, Floodplain Encroachment Permits, Dam Safety Permits, Earth Disturbance Permits, Stream Encroachment Permits, and General Permits. 6. Public Utility Lines A. Where the tract described in the application includes any public utility, electric transmission line, gas pipeline, or petroleum product transmission line located within the tract, the Applicant shall notify, in writing, the Landowner or lessee of the right-of-way of his intentions. B. A note stating any conditions regarding the use of the land, minimum building setback or right-of-way lines shall be included on the plan. C. This requirement may also be satisfied by submitting a copy of the recorded agreement. 7. Natural Resource Easement A. Where the land included in the subject application has an agricultural, woodland or other natural resource easement located within the tract, the application shall be accompanied by a letter from the party holding the easement stating any conditions on the use of the land. North Cornwall Township IV-11 November 20, 2013

37 B. This requirement may also be satisfied by submitting a copy of the recorded easement. SECTION 406 CERTIFICATES 1. Certificate of review by the Planning Commission as provided in the Appendix Certificate for approval by the Board of Supervisors as provided in the Appendix Certificate for approval by the Township Engineer as provided in the Appendix A statement duly acknowledged before an officer authorized to take acknowledgment of deeds and signed by the Landowner, certifying that the Storm Water management facilities, subdivision or land development shown on the plan is the act and the deed of the Landowner; that all those signing are all the owners of the property shown on the survey and plan; that they desire the same to be recorded as such, and that all streets and other property identified as proposed public property are dedicated for public use, as provided in the Appendix 2. This must be dated following the last change or revision to said plan. North Cornwall Township IV-12 November 20, 2013

38 ARTICLE V STORM WATER MANAGEMENT AND FLOODPLAIN CONTROLS SECTION 501 GENERAL REQUIREMENTS All Storm Water management, collection, conveyance, erosion control, and floodplain considerations shall be accomplished in accordance with the following provisions: 1. Prior to the final approval of any subdivision or land development plan, or the commencement of any development within the jurisdiction of this Ordinance, the developer shall submit a Storm Water Management Site Plan to the Township for approval. A. When plan applications, whether preliminary or final, are submitted in sections, a generalized Storm Water Management Site Plan for the entire project site shall be submitted in addition to the detailed Storm Water Management Site Plan for the proposed section. This generalized plan shall demonstrate how the storm water 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. B. A written report shall be submitted that includes the following information: (1) Storm Water runoff calculations for both pre-development and post-development conditions. (2) An ownership and maintenance program, in recordable form acceptable to the Township, that clearly sets forth the ownership and maintenance responsibility of all temporary and permanent Storm Water Management Facilties and erosion and sedimentation control facilities, including: (a) (b) (c) (d) Description of temporary and permanent maintenance requirements; Identification of a responsible individual, corporation, association or other entity for ownership and maintenance of both temporary and permanent Storm Water management and erosion and sedimentation control facilities; Establishment of suitable easements for access, including access by municipal officials or their designee, to all facilities. Easements must be recorded; The intent of these regulations is to provide private ownership and maintenance of Storm Water management and erosion and sedimentation control facilities. Where the Board of Supervisors accepts dedication of Storm Water Management Facilties, the Board of 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; North Cornwall Township Storm Water V-1 November 20, 2013

39 2. Storm Water drainage systems shall be provided in order to permit unimpeded flow of the 100 year storm event along natural Watercourses, except as modified by Storm Water Management Facilties or open channels consistent with this Ordinance. 3. Existing Watercourses A. Where a development site is traversed by Watercourses, a drainage easement shall be provided conforming substantially to the line of such Watercourses. The easement shall be centered on the Watercourse and be wide enough to encompass the 100 year storm flow. The terms of the easement shall prohibit excavation, the placing of fill or structures, and any alterations that may affect adversely the flow of Storm Water within any portion of the easement. Also, maintenance and mowing of vegetation within the easement shall be required. B. The PADEP, Chapter 105, Rules and Regulations, apply to the construction, modification, operation or maintenance of both existing and proposed water obstructions and encroachments throughout the watershed, including work in wetlands. Inquiries on permit requirements or other concerns shall be addressed to PADEP s Regional Office. Permit requirements or inquiring on dam safety should be addressed to the PADEP, Bureau of Waterways Engineering - Harrisburg. C. When it can be shown that, due to topographic conditions, natural drainage ways on the development site cannot adequately provide for drainage, open channels may be constructed conforming substantially to the line and grade of such natural drainageways. Work within natural drainageways shall be subject to approval by PADEP through the Joint Permit Application process, or, where deemed appropriate by PADEP, through the General Permit process. 4. Storm Water discharges to a public right-of-way A. Storm Water Management Facilties that involve a State Highway shall also be subject to the approval of PennDOT. The applicant, and if different, the Landowner, shall enter into an agreement with the Township, which shall be recorded, which will obligate the Landowner and all successor Landowners to comply with all PennDOT requirements and, if the Landowner fails to do so, reimburse the Township for any costs the Township incurs associated with the installation, inspection, maintenance, and satisfaction of PennDOT insurance requirements. B. Storm Water Management Facilties shall not discharge directly on any publicly used right-of-way or roadway. SECTION 502 DESIGN STANDARDS 1. Where applicable, Storm Water Management Facilties shall comply with the requirements of Chapter 105 (Water Obstructions and Encroachments) of Title 25, Rules and Regulations, as amended, of PADEP. North Cornwall Township Storm Water V-2 November 20, 2013

40 2. Storm Water Management Facilties located within or affecting the floodplain of any Watercourse shall comply with the requirements of the flood plain regulations provided in the Zoning Ordinance or any future ordinances regulating construction or development within areas of the Township subject to flooding. 3. Location of Structures A. This section does not supersede Section B. The minimum floor elevations for all structures that would be affected by a basin or other temporary impoundment(s) shall be two (2) feet above the 100 year water surface elevation in the facility. If a basement or other underground facility (or facilities) are proposed, detailed calculations addressing the effects of the Storm Water ponding will have on the structure and water-proofing and/or flood proofing design information shall be provided for review and approval. C. For all structures that would be affected by an open conveyance system(s), the minimum floor elevation shall be one (1) foot above the 100 year water surface elevation. If a basement or other underground facility is proposed, detailed calculations addressing the effects of the Storm Water flows on the structure and water-proofing design information shall be provided for review and approval. 4. Storm Water discharging onto an adjacent property A. Storm Water runoff from a project site shall flow directly into a Natural Drainage way, Watercourse, Open Channel or into an existing Storm Sewer system as defined by this Ordinance. If none of these are available, the applicant shall obtain an easement from the downstream Landowner(s) to allow the site s runoff discharge to reach a natural Watercourse or an existing Storm Sewer system through the easement. If an easement is obtained, post-developed flow characteristics must be similar to or better than the runoff characteristics (spread, velocity, and peak rate) of the pre-developed flows. The easement from the downstream property owner(s) shall be to allow for a piped Storm Sewer system, an overland flow system, or a combination of the two. The downstream system design shall conform to the design requirements of this Ordinance. B. When the applicant provides verification that the downstream Landowner(s) refuses to grant an easement at reasonable terms, in the sole opinion of the Township, the project shall be designed such that the discharge from the applicant s site shall, for all design year storms including the 100-year storm, flow onto the adjacent property in a manner similar to the runoff characteristics (spread, velocity, and peak rate) of the pre-developed flow. Level spreaders may be used with approval by the Township Engineer. C. Storm Water runoff shall not be transferred from one watershed to another unless the watersheds are sub-watersheds of a common watershed which join together within the perimeter of the property, or both of the following apply: 1) the effect of the North Cornwall Township Storm Water V-3 November 20, 2013

41 transfer does not alter the peak volume or rate discharge onto adjacent lands, and, 2) drainage easements from all of the affected Landowners are provided. 5. Geological Requirements Unless an alternate design is submitted to the Township for review, and said design is prepared by a licensed (in the Commonwealth of Pennsylvania) geologist or professional engineer specializing in geotechnical engineering: A. No Storm Water facilities shall be placed in, over or within a distance that will impact the following features: (1) Sinkholes (2) Closed depressions (3) Lineaments in carbonate areas (4) Fracture traces (5) Caverns (6) Intermittent Streams (7) Ephemeral streams (8) Bedrock pinnacles (surface or subsurface) B. The minimum isolation distance from Storm Water Management Facilities to the listed geologic features shall be as follows: (1) One hundred (100) feet from the rim of sinkholes or closed depressions; (2) One hundred (100) feet from disappearing streams; (3) Fifty (50) feet from lineaments or fracture traces; (4) Twenty-five (25) feet from surface or identified subsurface pinnacles. C. Storm Water runoff from any subdivision or land development activities shall not be discharged into sinkholes, closed depressions or caverns. D. If the developer can reasonably prove through analysis that the development site is in an area underlain by carbonate geology, and such geologic conditions may result in sinkhole formations, then the development site is exempt from recharge requirements as described in Section 508. However, the development site shall still be required to meet all other hydrologic and water quality management standards as found in this ordinance. North Cornwall Township Storm Water V-4 November 20, 2013

42 E. It shall be the developer s responsibility to verify if the development is underlain by carbonate geology. The following note shall be attached to all Storm Water Management Site Plans and signed and sealed by the developer s qualified professional, I,, certify that the proposed detention basin is/is not (circle one) underlain by carbonate geology. F. Whenever a Storm Water facility will be located in an area underlain by carbonate geology, a geological evaluation of the proposed location, by a Registered Professional Geologist or a licensed professional engineer registered in the Commonwealth of Pennsylvania who has experience in this field, shall be conducted to determine susceptibility to sinkhole formation. The evaluation may include the use of impermeable liners to reduce or eliminate the separation distances listed in Section B. 6. All Storm Water runoff flowing over the project site shall be considered in the design of the Storm Water Management Facilties. 7. The existing points of concentrated drainage that discharge onto adjacent property shall not be relocated and shall be subject to any applicable discharge criteria specified in this Ordinance. 8. Rate and Volume Control Requirements The calculated peak rates of runoff for Storm Water originating on the project site must meet the following conditions, for all watersheds flowing from the project site: A. Storm Water runoff rates from the project area shall comply with the table below Storm Frequency (years) Pre-developed Post-developed B. Exemptions: (1) The regulated activity is filed as a minor land disturbance activity; or, (2) The proposed activity involves the subdivision of five (5) or less single family residential lots, either initially or cumulatively from the date of the adoption of this Ordinance, and providing no new streets are proposed; or, North Cornwall Township Storm Water V-5 November 20, 2013

43 (3) The post-development hydrograph does not exceed the pre-development hydrograph at all points in time on a storm by storm basis for the two (2) year through ten (10) year Design Storm. C. Where an application meets one of the above exceptions (Section B.1, 2 or 3), the post-development peak runoff rates from any regulated activity shall not exceed the pre-developed peak runoff rates for all Design Storms (2, 10, 25, 50, and 100 year). D. MS4 Areas additional requirements. For the project areas that drain to a recognized MS4 the following is also required: (1) The post-developed one (1) year storm rate of runoff (peak flow) from the regulated activity shall not exceed the pre-developed one (1) year storm rate of runoff (peak flow). (2) There shall be no runoff volume increase for the 2 year 24 hour storm. (a) Pre developed conditions shall be considered meadow or woods in good condition. (3) If either of these requirements (1 or 2) cannot be met, consultation with PADEP will be necessary to determine appropriate mitigation measures. (4) Existing impervious surfaces do not need to be retrofitted to meet these requirements unless they are being altered as part of the project or is required by other agency regulation. E. Runoff can be managed regionally, by one or more developers, either on-site or off-site. The design and release rate shall be consistent with this Regional Plan. Groundwater recharge and water quality must be addressed in this option. 9. Storm Water Management Facilties shall be supplemented by BMP s as outlined in Section 507. Required storage volume shall be provided to minimize impacts to water quality of receiving waters. 10. Storm Water Management Facilties shall be supplemented by groundwater recharge devices as outlined in Section 508 of the Ordinance. Recharge volume may be counted against the requirements for Water Quality Treatment Volumes. SECTION 503 METHODS OF COMPUTING RUNOFF 1. The methods of computation used to determine peak discharge and runoff shall be: A. The Soil-Cover-Complex Method: May be used for drainage areas of any size. This method is recommended for design of Storm Water Management Facilties and where Storm Water runoff volume must be taken into consideration. North Cornwall Township Storm Water V-6 November 20, 2013

44 (1) Storm Water runoff shall be based on the precipitation rates from NOAA Atlas 14. A copy of the mapping shall be included in the Storm Water report to justify the numbers used in the computations. B. The Rational Method: May be used for drainage areas up to sixty (60) acres. Extreme caution should be used by the Qualified Professional if the watershed has more than one (1) main drainage channel, if the watershed is divided so that hydrologic properties are significantly different in one (1) versus the other, if the time of concentration exceeds sixty (60) minutes, or if Storm Water runoff volume is an important factor. The combination of Rational Method hydrographs based on timing shall be prohibited. (1) May be used for Collection and Conveyance Facilities. (2) The Rainfall Intensity Duration Frequency Chart shown in Appendix 5 shall be used to compute the rainfall intensity in inches per hour. C. Any other method approved by the Township Engineer. D. Runoff Coefficients C and Curve Numbers CN shall be based on the charts contained in Appendix 4. (1) For the purposes of calculation peak discharges: a. All agricultural lands that contribute storm drainage to or from the project site shall be considered cultivated lands with conservation measures in good hydrologic condition. b. Existing non-forested pervious areas shall be considered as meadow in good hydraulic condition. E. Times of concentration shall be based on the following design parameters: (1) Sheet flow: The maximum length for each reach of sheet or overland flow before shallow concentrated or open channel flow develops is one hundred fifty (150) feet. Flow lengths greater than one hundred (100) feet shall be justified based on the actual conditions at each development site. Sheet flow may be determined using the nomograph in the Appendix 6, or the Manning s kinematic solution shown in the Sheet Flow section of Worksheet No. 1 in the Appendix 7, or other method approved by the Township Engineer. (2) Shallow concentrated flow: Travel time for shallow concentrated flow shall be determined using Figure 3-1 from TR-55, Urban Hydrology for small watersheds. (3) Open Channel flows: At points where sheet and shallow concentrated flows concentrate in field depressions, swales, gutters, curbs, or pipe collection North Cornwall Township Storm Water V-7 November 20, 2013

45 systems, the travel times and downstream end of the development site between these design points shall be based upon Manning s Equation and/or acceptable engineering design standards as determined by the Township engineer. F. Impervious Surfaces (1) 80% of the actual existing impervious surface area may be used to calculate the pre-developed runoff rate. (2) The total, existing and proposed, impervious surface on the project must be considered in the Storm Water management plan. G. Runoff calculations shall include a hydrologic and hydraulic analysis indicating volume and velocities of flow and the grades, sizes, and capacities of water carrying structures, sediment basins, retention and detention structures and sufficient design information to construct such facilities. Runoff calculations shall also indicate both pre-development and post-development rates for peak discharge of Storm Water runoff from the project site. H. Runoff calculations will also be made to insure that the runoff from the upstream watershed area can be accommodated by the pipes, drainage easements, Watercourses, etc. on the site. SECTION 504 DESIGN STANDARDS WATER CARRYING FACILITIES 1. General A. All developments shall include provisions that allow for the overland conveyance and flow of the post-developed one hundred (100) year storm event without damage to public or private property. B. All Storm Sewer pipes, culverts, manholes, inlets, endwalls and end sections shall be constructed in accordance with PennDOT Pub. 408, as amended. For improvements that are not associated with any public improvements or roadway, alternate standards may be used at the sole discretion of the Board of Supervisors upon the recommendation of the Township Engineer. C. Storm Sewer pipes, culverts, manholes, inlets, endwalls, and end sections proposed for dedication or located along streets shall conform to the requirements of the Pennsylvania Department of Transportation, Bureau of Design, Standards for Roadway Construction, Publication 72M, in effect at the time the design is submitted, as modified by the Township. D. Inlets shall be placed on both sides of the street at low spots, at a maximum of six hundred (600) feet apart along a Storm Sewer pipe, at changes in the horizontal or North Cornwall Township Storm Water V-8 November 20, 2013

46 vertical directions of Storm Sewers, and at points where the flow in gutters exceeds three (3) inches. Inlets shall normally be along the curb line at or beyond the curb radius points. For the purpose of inlet location at corners, the depth of flow shall be considered for each gutter. At intersections of streets and access drives, the depth of flow across the through streets or access drive shall not exceed one (1) inch. Inlets shall be depressed two (2) inches below the grade of the road-side swale, curb line, or ground surface. Manholes may be substituted for inlets at locations where inlets are not required to collect surface runoff. E. Storm Water, roof drains and pipes, wherever possible, shall discharge water in a manner that encourages dispersion or infiltration and not into Storm Sewers or street gutters except as necessary to prevent flooding or erosion. F. All existing and natural Watercourses, channels, drainage systems and areas of concentrated flow shall be maintained in their existing condition unless an alteration is approved by the Township. Alterations to streams, drainage ways and channels may require permitting from PADEP and U.S. Army Corps of Engineers. 2. Design Storms A. All Storm Sewer pipes, grass waterways, open channels, swales and other water carrying facilities that service drainage areas within the site shall be designed to convey the twenty-five (25) year storm event unless in the opinion of the Township or Township Engineer the character of development and potential for damage warrant design for the 50 or 100 year storm or a different Design Storm is specified elsewhere in this ordinance. B. Storm Water Management Facilties that convey off-site water through the site shall be designed to convey the fifty (50) year storm event. C. Storm drainage facilities that carry the discharges from the detention or retention basins shall be designed to carry the 100 year storm. 3. Methodology A. Design of on-site conveyance systems calculations may use the Rational Method of Q=CIA where Q is the peak discharge of the watershed in cubic feet per second, C is the coefficient of runoff, I is the intensity of rainfall in inches per hour, and A is the area of the watershed in acres; or any other method approved by the Township. B. Flow calculations for water carrying structures shall be presented in tabular form. C. The capacities of grassed waterways or channels shall be computed from the Manning Equation. Permissible open channel velocities and design standards shall be in accordance with good engineering practice as documented in the Engineering Field Manual for Conservation Practices, U.S.D.A., S.C.S., or in Design Charts for North Cornwall Township Storm Water V-9 November 20, 2013

47 Open Channel Flow, Hydraulic Design Series No. 3, U.S. Department of Transportation or other method approved by the Township Engineer. 4. Pipes A. Storm Sewer pipes and culverts shall be reinforced concrete pipe (RCP) or smooth lined corrugated polyethylene pipe (SLCPP) B. Shall have a minimum diameter of eighteen (18) inches. Fifteen (15) inch piping may be allowed at the sole discretion of the Board of Supervisors upon the recommendation of the Township Engineer. C. Shall be installed on a sufficient slope to provide a minimum velocity of three (3) feet per second when flowing full. D. SLCPP shall have a minimum cover to crown of pipe as specified in PennDOT Publication 408 (latest edition). Concrete pipe shall have a minimum depth of cover to crown of pipe based on the class type. E. Endwalls and end sections shall be used where Storm Water runoff enters or leaves the Storm Sewer horizontally from a natural or manmade channel. F. Flow velocities exiting from any Storm Sewer shall not result in a degradation of the receiving channel. G. Energy dissipaters shall be placed at the outlets of all Storm Sewer pipes where flow velocities exceed maximum permitted stable channel velocities. 5. Easement Requirements A. All piping systems shall be contained within a thirty (30) foot wide easement centered on the pipe. Easement widths may be reduced to twenty (20) feet at the sole discretion of the Board of Supervisors upon the recommendation by the Township Engineer. B. Swales, waterways, open channels and all other water carrying facilities shall be contained within an easement, centered on the facility, and a minimum of twenty (20) feet wide. 6. Grassed Waterways and/or Channels A. May be utilized in place of conduit piping. This is encouraged in those areas where soil conditions allow recharge of groundwater. All newly installed grassed waterways must be well-established sod of good quality or matted with an approved stabilizing material. The usage of grassed waterways is not recommended in areas of year round or seasonally high ground water table unless provisions are made to North Cornwall Township Storm Water V-10 November 20, 2013

48 handle long duration flows, for example by means of subsurface drainage of stone centered waterways. B. The capacities of grassed waterways or channels shall be computed from the Manning Equation. Permissible open channel velocities and design standards shall be in accordance with good engineering practice as documented in the Engineering Field Manual for Conservation Practices, U.S.D.A., S.C.S., or in Design Charts for Open Channel Flow, Hydraulic Design Series No. 3, U.S. Department of Transportation or other method approved by the Township Engineer. C. The shape of the waterway shall permit hydraulic efficiency and ease of maintenance. Allowable velocities within the waterway shall be limited to those values that would not cause erosion of the soil or cover material. Vegetation or durable materials shall be established on all channels where design velocities exceed the maximum values for base earth channels. Permanent channels should be designed using grass or other suitable material. D. Channel linings shall be designed based on the criteria set forth in the PADEP Erosion and Sediment Pollution Control Program Manual and for the appropriate storm return frequency as specified in this ordinance. (1) Soil characteristics, design velocities and the level of desired maintenance should be considered in determining seed mixtures and methods of establishment of vegetation. Soils information for various soil types is contained in the "Lebanon County Soil Survey." (2) Channels shall be designed based on permissible velocities and/or unit shear stress. Unit shear stresses for the proposed channel lining shall be taken from the PADEP Erosion and Sediment Pollution Control Program Manual latest edition. (3) Seeding specifications may be obtained from the PADEP Erosion and Sediment Pollution Control Program Manual, Penn State Agronomy guide or other source approved by the Township Engineer. North Cornwall Township Storm Water V-11 November 20, 2013

49 SECTION 505 DESIGN STANDARDS DETENTION AND RETENTION BASINS 1. General A. All basins shall be structurally sound and shall be constructed of sound and durable materials. B. The completed structure and the foundation of all basins shall be stable under all probable conditions of operation and shall be capable of discharging the peak discharge of a post-development 100-year storm event through the emergency spillway facilities, in a condition that assumes the primary outlet(s) are blocked, which will not damage the integrity of the facility or the downstream drainage areas. C. All basins shall be enclosed within an adequately sized easement. The easement shall be sized to provide sufficient room for the operation of equipment and general maintenance operations. The easement shall be set a minimum of ten (10) feet from any of the appurtenances of the basin. D. A twenty (20) foot wide access easement shall be provided to the basin from a public street. E. An easement shall be provided from the basin spillway outfall to a natural or artificial Watercourse. The easement shall be of sufficient width to contain the Design Storm. F. The maximum depth of water in basins that are not proposing to have restricted access shall not exceed six (6) feet unless approved by modification by the Board of Supervisors. (1) Basins without restricted access shall have impoundment areas with interior side slopes no greater than five (5) horizontal to one (1) vertical. G. Access to basins that have a maximum depth of water greater than six (6) feet, shall be restricted by fencing that will discourage access. A gate large enough to permit vehicular access shall be provided H. Access to basins with interior side slopes steeper than five (5) horizontal to one (1) vertical shall be restricted by fencing that will discourage access. I. Wherever possible, basins shall have a non-uniform (naturalistic) shape, rather than a geometric design in the form of a square or rectangle. J. For all proposed detention basins and retention basins, except temporary sedimentation basins, the design documentation shall include a plotting or tabulation of storage volumes with corresponding water surface elevations and the outflow rates for those water surfaces. North Cornwall Township Storm Water V-12 November 20, 2013

50 K. Utilize underdrains for all ponds. Underdrains may be used as an outlet if properly sized. 2. Embankment Design A. The height of the embankment must be set to provide a minimum of one (1) foot of freeboard above the maximum water surface elevation computed for the one hundred (100) year post developed storm inflow, when the primary outflow structure is assumed to be blocked. B. The effect on downstream areas if the basin embankment fails shall be considered in the design of all basins. The basin shall be designed to minimize the potential damage caused by such failure of the embankment. C. Access to basins with interior side slopes steeper than five (5) horizontal to one (1) vertical shall be restricted by fencing that will discourage access. D. A cutoff trench of relatively impervious clay material shall be provided within all basin embankments, except for those embankments with side slope ratios of three (3) horizontal to one (1) vertical or flatter. Embankments with flatter side slopes shall have a key trench. E. All outlet structures through basin embankments shall have properly sized and spaced concrete, HDPE or welded anti seep collars designed in accordance with the methodology contained in the latest edition of the PADEP Erosion and Sediment Pollution Control Manual. F. The minimum top width of embankments/dams up to ten (10) feet in height shall be equal to two thirds (2/3) of the dam height, but in no case shall the top width be less than five (5) feet. 3. Outlet Works A. The primary outflow structure must be designed to pass all Design Storms, up to and including the one hundred (100)-year event, without discharging through the emergency spillway. B. If the emergency spillway is proposed on the embankment, the emergency spillway cross section shall be provided down the outside slope of basin embankment. The emergency spillway grading shall be shown on the plans. C. All detention basins shall include an outlet structure that will permit draining (dewatering) the basin from the 2 year Design Storm elevation to a completely dry position within twenty-four (24), hours, exclusive of any required BMP storage. North Cornwall Township Storm Water V-13 November 20, 2013

51 D. Size outlets to release water at a rate producing an overall drawdown time of between 24 to 72 hours. E. All outlet structures and emergency spillways shall include a satisfactory means of dissipating the energy of flow at its outlet to assure conveyance of flow without endangering the safety and integrity of the basin and the downstream drainage area. F. No outlet structure from a detention basin or swale shall discharge directly onto any publicly used Township, state or private road but shall discharge into a culvert or Storm Sewer in, under or along the road. G. Trash racks must be provided to prevent clogging of primary outflow structure stages for all orifices equivalent to twelve (12) inches or smaller in diameter. The size of the openings on the trash rack shall be less than the orifice opening size. H. Storm drainage facilities that carry the discharges from the detention or retention basins shall be designed to carry the one hundred (100) year storm. I. Basin outflow culverts discharging into floodplains must account for tailwater. Tailwater corresponding to the one hundred (100)-year floodplain elevation may be used for all Design Storms, or the Applicant may elect to determine flood elevations of the adjacent Watercourse for each Design Storm. J. Permanent detention basins shall be designed with a primary outlet discharge that is less than or equal to the requirements for post-development peak rate of runoff established by Section of this Ordinance. K. The minimum outlet structure dewatering orifice size shall be one (1) inch in diameter. L. To prevent clogging around a vertical riser, a non-corrosive fine-mesh screen may be used. M. For facilities with small volumes and using the minimum orifice size and number of orifices, the 24 hour minimum drawdown time maybe reduced with the approval of the Township engineer SECTION 506 DESIGN STANDARDS - EROSION AND SEDIMENT CONTROL 1. All earthmoving activities shall be conducted in such a way as to minimize accelerated erosion and resulting sedimentation. Measures to control erosion and sedimentation shall, at a minimum, meet the standards of the Lebanon County Conservation District and Chapter 102 (Erosion Control) of Title 25, Rules and Regulations of the Pennsylvania Department of Environmental Protection. North Cornwall Township Storm Water V-14 November 20, 2013

52 2. The Erosion and Sedimentation Control Plan shall be submitted to the Lebanon County Conservation District for its review and approval. 3. 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 Section 506 of this Ordinance. 4. 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 earth moving activities, sufficient in detail to clearly indicate their function. 5. Approval of an Erosion and Sedimentation Control Plan by the Township shall not be construed as an indication that the plan complies with the standards of any agency of the Commonwealth. 6. Temporary facilities shall be included in the submitted plans for a phased section where the following conditions are met: A. A regulated activity constitutes a Subdivision or Land Development. B. The Final Plan applications are submitted in sections. C. Temporary facilities are required for construction of a section. 7. The following principles shall be applied to the design plan and construction schedule to minimize soil erosion and sedimentation. A. Stripping of vegetation, grading or other soil disturbance shall be done in a manner that will minimize soil erosion. B. Whenever feasible, natural vegetation shall be retained and protected. C. The extent of the disturbed area and the duration of its exposure shall be kept to a minimum, within practical limits. D. Temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction. E. Drainage provisions shall accommodate the Storm Water runoff both during and after construction. F. Soil erosion and sedimentation facilities shall be installed prior to any site grading. North Cornwall Township Storm Water V-15 November 20, 2013

53 G. In accordance with Chapter 102, temporary facilities shall be included in the submitted plans for a phased section where the following conditions are met: (1) A regulated activity constitutes a Subdivision or Land Development. (2) The Final Plan applications are submitted in sections. (3) Temporary facilities are required for construction of a section. SECTION 507 DESIGN STANDARDS BEST MANAGEMENT PRACTICES 1. Best Management Practices (BMP s) shall be implemented in North Cornwall Township in order to protect the Township s water quality and groundwater supplies. BMP s shall be applied to all subdivisions, land developments and regulated activities. 2. BMP s shall be designed in accordance with the following standards, or in accordance with the Pennsylvania BMP Manual. The purpose of the design standards is to provide designers with guidance to meet BMP requirements. Designers are encouraged to evaluate new innovations as this field is in its infancy. North Cornwall Township recognizes that modifications may be necessary as new methods become available. Innovations are strongly encouraged in order to meet the objectives at a reasonable cost. 3. Design standards used for all facilities shall be included with the Storm Water report. 4. The strategy employed avoids the use of performance standards related to effluent standards. Instead, it establishes a suggested long-term storage volume to be provided with any proposed land use. Other design methods are available and may be utilized provided documentation is furnished and the Township Supervisors approve the design. Other measures of control, including the use of natural open space, may be substituted for structural measures. The use of non-storage related measures must be carefully evaluated to ensure the water quality goals are being met. 5. General Conditions: A. Minimize on-site impervious area. (1) Preserve natural wooded cover and drainageways on-site. (2) Pervious surfaces such as porous pavement are considered BMP s. B. Minimize directly connected impervious area. Promote natural removal of pollutants using vegetation and soil. Direct impervious area runoff to pervious area. For example: North Cornwall Township Storm Water V-16 November 20, 2013

54 (1) Direct roof downspouts to lawn areas. Grade lawn areas to maintain positive drainage away from the structure. (2) Driveways to lawns (3) Parking areas to lawns or grassed swales. C. Minimize mixing of off-site and on-site runoff, unless the upstream drainage area is insignificant in size. D. Delay construction of BMP s until all other land disturbing activities are complete to minimize the potential for clogging and maintenance or remedial action. E. Incorporate the site s soil conditions to ensure the maximum life of facility. F. Use water tolerant vegetation (orchard and Bermuda grass, perennial rye, Fescue, and Reed Canary grass) in swales with slopes of 2 % or less and where swale dikes are utilized. G. Provide a length to width ratio in detention / retention basins of at least 2:1 and avoid short circuiting of flows. The distance between the inflow and the outflow of the facility shall be maximized. H. Provide proper scour protection at all pipe outlets. I. Utilize underdrains for all ponds. Underdrains may be used as part of the BMP outlet if properly sized. J. Size BMP outlets to release water at a rate producing a drawdown time of 24 to 72 hours. (1) The minimum dewatering hole size shall be one (1) inch in diameter. (2) To prevent clogging around a vertical riser, a non-corrosive fine-mesh screen may be used. (3) For facilities with small volumes and using the minimum hole size and number, the 24 hour minimum drawdown time maybe reduced with the approval of the Township engineer. K. Infiltration trenches provided for Storm Water management do not require additional storage volume calculations for BMP s. 6. System of Controls: North Cornwall Township Storm Water V-17 November 20, 2013

55 A. The North Cornwall Township approach to protect water quality and groundwater supplies is to minimize the impact of pollutants in Storm Water runoff through a system of controls. These controls can be at the source, in the lot, at the site, or at some regional facility, Examples are listed below: B. Source Controls - eliminate the opportunity for pollutants to mix with Storm Water runoff. (1) Street sweeping (2) Cover chemical storage areas (3) Dike potential spill areas (4) Regular sediment removal from drainage system C. Lot Controls - minimize the potential for concentrating pollutants and concentrating Storm Water runoff. (1) Minimize directly connected impervious areas (2) Minimize impervious areas (3) Utilize grass swales and filter strips (4) Utilize infiltration trenches, where applicable (5) Utilize porous pavement (6) Water reuse D. Site Controls - structural methods required to meet storage volume requirements and water quality objectives. (1) Vegetated swales (2) Infiltration basins, where applicable (3) Detention ponds (4) Wetlands (5) Rain gardens (6) Vegetated filter strips North Cornwall Township Storm Water V-18 November 20, 2013

56 (7) Water reuse E. Regional Controls (D.A. > 100 Acres) - off-site structural measures for large projects. (1) Detention ponds (2) Retention ponds Section 508 DESIGN STANDARDS - INFILTRATION BMP S 1. Infiltration BMP s intended to receive runoff from developed areas shall be selected based on the suitability of the soils and site conditions and shall be constructed on soils that have the following characteristics: A. A minimum isolation depth of 24 inches between the bottom of the facility and the seasonal high water table, bedrock or other limiting zones. B. An infiltration and/or percolation rate (0.1 to 10 in./hr.) sufficient to accept the additional Storm Water load and drain completely as determined by actual field tests conducted by the Owner s design professional. Field testing will be carried out within 150 and in the same hydraulic soil group and slope as the location of the proposed BMP. Field testing to be done in accordance with the PA BMP Manual or other method approved by the Township Engineer. C. Maximum design infiltration rate shall be 7 in./hr. even if the measured rate is greater. D. Infiltration BMP s, receiving only residential dwelling roof runoff, may use a reduced minimum isolation depth between the bottom of the facility and the limiting zone of 12 inches. E. For projects located within the Township s Urbanized Areas as identified by the U.S. Census and as recognized by PADEP as being part of the MS4, inspections of the Storm Water Management Facilties is required. The approved plans as well as Section 404 specify the inspection requirements for the Storm Water facilities. 2. Design Considerations: A. The recharge volume at the site shall be directed to the greatest extent possible to the most permeable hydraulic soil group available. B. The recharge facility shall be capable of completely infiltrating the impounded water volume within 72 hours after the end of the Design Storm. North Cornwall Township Storm Water V-19 November 20, 2013

57 C. Development site or watersheds where the post-development impervious area is equal to or less than the pre-development impervious area shall not be required to provide groundwater recharge volume. This requirement shall not over ride requirements placed by other types of permits such as NPDES. D. Extreme caution shall be exercised (1) where infiltration is proposed in geologically susceptible areas such as carbonate or limestone areas, and (2) where salt or chloride would be a pollutant since soils do little to filter this pollutant and it may contaminate groundwater. A detailed geologic investigation shall be required in accordance with Article IV to determine the suitability of recharge facilities and to specifically address soil permeability, depth to bedrock, susceptibility to sinkhole formation, and subgrade stability. E. If the developer can prove through analysis that the development site is in an area underlain by carbonate geology, and such geologic conditions may result in sinkhole formation, then the development site is exempt from recharge requirements. However, the development site shall still be required to meet all other hydrologic and water quality management standards. F. Water tolerant vegetation is needed in basins that have extended detention times due to slow infiltration rates. G. Rain garden areas should be vegetated with plant materials that are neglect tolerant and will have a pleasing presentation for future property owners. Plant species shall be selected with regard to the future use of the area (ie formal, buffer, wild, etc.) in which it is to be placed. H. Structural Storm Water Management Facilties which will provide treatment BMP s and/or any required groundwater Recharge Volume shall be designed in accordance with the specifications contained in the PA BMP Manual, latest edition. I. BMP s should be constructed in a manner to disperse the water over as great an area as is practical. The locations of the infiltration facilities should be spread across the project site. This provision shall not take precedence over A, D and E above. North Cornwall Township Storm Water V-20 November 20, 2013

58 ARTICLE VI - MAINTENANCE, FINANCIAL SECURITY, MODIFICATIONS, PROHIBITED ACTIVITIES AND ADMINISTRATION SECTION 601 OWNERSHIP, MAINTENANCE AND OPERATION OF STORM WATER MANAGEMENT FACILITIES 1. Prior to granting of final approval by the Township of a plan, the applicant shall either (1) satisfactorily establish that the permanent facilities are part of a portion of ground to be dedicated to the Township for reasons other than the maintenance of land subject to this Ordinance, or (2) present to the Township a copy of the recorded maintenance agreement. Maintenance agreements shall, at a minimum, include the following: A. List of items to be maintained and instructions on how to maintain them. B. Inspection intervals of items to be maintained. See Section 404. C. Record keeping requirements. 2. When permanent Storm Water Management Facilities and ownership to these facilities are dedicated to and accepted by the Township, it shall be the Township's responsibility to maintain these facilities following the prescribed maintenance and inspection measures noted on the approved plans, in this ordinance and/or in the recorded agreements. 3. The Township 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 Township prior to the time of approval of the plan in order to assure the faithful performance of the requirements of this Ordinance in the course of completing the land development. A. Where the Township accepts dedication of all or some of the required Storm Water Management Facilities following completion, the Township may require the posting of financial security to secure structural integrity of said facilities as well as the functioning of said facilities in accordance with the design and specifications as depicted on the approved Storm Water Management Site Plan for a term not to exceed eighteen (18) months from the date of acceptance of dedication. Said financial security shall be the same type as required with regard to installation of such facilities, and the amount of the financial security shall not exceed fifteen (15%) percent of the actual cost of installation of said facilities. 4. Maintenance is an essential part of the successful functioning of a Storm Water Management system. 5. Maintenance during development of a project shall be the responsibility of the Developer and/or landowner and shall usually include but not be limited to: North Cornwall Township VI-1 November 20, 2013

59 A. Removal of silt from all debris basins, traps or other structures or measures as prescribed in the Erosion and Sedimentation Pollution Control Plan or, if not prescribed, when 60% of the facilities design capacity is filled with silt. B. Periodic maintenance of temporary control facilities such as replacement of straw bale dikes, straw filters or similar measures as prescribed in the Erosion and Pollution Control Plan; C. Establishment or reestablishment of vegetation by seeding and mulching or sodding of eroded, scoured, disturbed areas or areas where vegetation has not successfully been established; D. Installation of necessary controls to correct unforeseen problems caused by storm events within design frequencies; and, E. The contractor or Developer shall be responsible for removal of all temporary measures and installation of permanent measures upon completion of the project. 6. Maintenance of the project after physical completion: A. The applicant or his agent shall demonstrate that any facilities intended to be installed and located on an individual or group of individual lots can be adequately maintained by the homeowner(s) and/or lot owner(s). B. For those projects within the Township s urbanized areas as identified by the United States Census and as recognized by PADEP as being a part of the MS4, inspections of the Storm Water Management Facilities are required. The inspection requirements are noted in Section 404 and on the approved plans. C. It is the purpose of this Ordinance that North Cornwall Township shall not become responsible for maintenance and supervision of developed areas. Such responsibility falls upon the party responsible for land development that shall remain personally responsible for those areas of the development which are subject to the requirements of this Ordinance. This responsibility may be retained or assigned to third persons as is deemed most acceptable to the party responsible for land development. D. It is the intent of this Ordinance that the purposes of the Ordinance shall be carried out through the exercise of responsibility by private parties, and, therefore, it is anticipated that control plans shall be developed with the view towards projects which can effectively be contained within the tracts to be owned and maintained by private parties. To foster this purpose, with respect to portions or parts of a project as shown on a plan of a Developer or contractor, which portions will not otherwise become part of Township property, such portions shall become the responsibility of the individual property owners on whose property such portions of a project lie including but not limited to retention ponds, detention ponds, sediment basins, energy dissipaters or grassed water-ways. Persons including contractors and North Cornwall Township VI-2 November 20, 2013

60 Developers conveying property of a development to another party, which property contains any portions of a Storm Water Management plan, after that plan has been established, shall include a specific declaration of restriction to such grantee's responsibility for the maintenance and care of the portions of such project as are included within said grantee's conveyed property. The deed reference to such portions shall be in the form of a declaration of restriction imposing responsibilities upon said property owner for the maintenance of the portions of the project within the boundary lines of said property as may be necessary for proper maintenance of the project in accordance with the terms of this Ordinance. Such maintenance shall include the following: (1) Liming and fertilizing vegetated channels and other areas according to specifications in the DEP "Erosion and Sediment Pollution Control Program Manual." (2) Reestablishment of vegetation by seeding and mulching or sodding of scoured areas or areas where vegetation has not been successfully established. Selection of seed mixtures shall be acceptable to the Township. (3) Mowing as necessary to maintain adequate strands of grass and to control weeds. Alternate weed control measures are encouraged and should be pursued to the greatest extent practical. Chemical weed control should only be used on a limited and as needed basis and only when all state and local regulations are met. (4) Removal of silt from all permanent structures which trap silt or sediment in order to keep the material from building up in grass waterways and thus reducing their capacity. (5) Repair of structural damage or deterioration of any kind, including the repair and maintenance of sinkholes and/or similar failures whether naturally occurring or created by human action. (6) Regular inspection of the areas in questions to assure proper maintenance and care. Inspections to be carried out as noted on the plans or in any agreements. E. The declaration of restriction herein above mentioned shall also include notice that in the event the individual property owners should fail to comply with the terms of this Ordinance for the maintenance and care of the land in question, the Township of North Cornwall shall have the authority to carry out those duties hereby imposed upon individual property owners. The Township may, after giving notice to an individual property owner that he is not properly maintaining the areas subject to this Ordinance, and by making demand that such compliance shall be made within thirty (30) days, enter upon said private property and take such actions as may be required to bring the area into compliance with this Ordinance. The property owner shall be responsible for reimbursing the Township for any and all costs incurred by the Township in its actions required to bring the area into compliance with this Ordinance. Should the property owner fail to reimburse the Township, the Township shall further have the right to file a municipal lien against such property for the cost of maintenance work carried out under this section. The Township shall, North Cornwall Township VI-3 November 20, 2013

61 in addition to the filing of a municipal lien, have any other remedies provided by law against any property owner who should fail to comply with the terms of this Ordinance. SECTION 602 MODIFICATION OF APPROVED PLANS AND FACILITIES Any modification which involves a change in Storm Water 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 as stated on the approved plan, shall require the submission of a revised plan by the Developer in accordance with the plan processing standards set forth in Article III and prepared in accordance with the plan requirements as set forth in Article IV of this Ordinance. SECTION 603 FINANCIAL SECURITY 1. The Township shall, prior to final plan approval, require financial security to be posted to ensure the completion of the Storm Water Management Facilities, detention and retention basins, erosion and sedimentation controls and other drainage facilities. 2. When required, the Developer shall deposit with the Township, a letter of credit or other financial security authorized by the Municipalities Planning Code and acceptable to the Board of Supervisors, in an amount equal to one hundred ten percent (110%) of the estimated cost of the required improvements at a time ninety (90) days following the date scheduled for completion of the respective improvements by the Developer. 3. The amount of financial security required by the Township shall be based upon an estimate of the cost of the improvements, submitted by a Developer and prepared by a professional engineer licensed as such in this Commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the Developer and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this Commonwealth and chosen mutually by the Township and the Developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Township and the Developer. 4. Annually the Township may adjust the amount of required financial security by redetermining the estimated cost for completion of the uncompleted improvements as of the expiration of the ninetieth (90th) day after either date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Township may require the Developer to post additional security in order to ensure that the financial security equals one hundred ten percent (110%) of the estimated cost of the Township completing the improvements at a time ninety (90) days following the date scheduled for completion or alternatively reduce the required security so that it equals such amount. Any additional security shall be posted by the Developer within thirty (30) days after being notified of the same. 5. As the work of installing the required improvements proceeds, the party posting the financial security may request the Township to release or authorize the release from time to North Cornwall Township VI-4 November 20, 2013

62 time, such portions of the financial security necessary for the payment to the contractor or contractors performing the work. Any such request shall be in writing and addressed to the Board of Supervisors and the Board of Supervisors shall have forty-five (45) days from the receipt of such request to allow the Township Engineer to certify, in writing, to the Board of Supervisors that such portion of the work has been completed in accordance with the approved plan. Upon such certification, the Board of Supervisors shall authorize release from the required financial security of an amount as estimated by the Township Engineer as representing the value of the work completed. 6. The value of the work completed shall be determined by subtracting one hundred ten percent (110%) of the estimated cost of the completion of the remaining uncompleted work from the total amount of security deposited. 7. When the Developer has completed all of the improvements as shown on the plans, the Developer shall notify the Board of Supervisors, in writing, by certified or registered mail, of the completion of the aforesaid improvements, enclosing therewith certification by the engineer responsible for the design of the improvements that they have been installed as designed, and shall send copies of the notice and certification to the Township Engineer. All requests shall include as-built plans of all Storm Water Management Facilities and of any other improvements to be dedicated to the Township and of all streets, whether or not such streets shall be dedicated. 8. The Board of Supervisors shall, within ten (10) days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall thereupon file a report, in writing, with the Board of Supervisors and shall promptly mail a copy of the same to the Developer by certified or registered mail. The report shall be made and mailed within thirty (30) days after receipt by the Township Engineer of the aforesaid authorization from the Board of Supervisors, said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements or any portion thereof shall not be approved or shall be rejected by the Township Engineer, said report shall contain a statement of the reasons for such non-approval or rejection. Improvements shall not be considered completed unless the Developer can demonstrate compliance with the requirements of this Ordinance, and all other applicable ordinances, statutes and regulations. 9. The Board of Supervisors shall notify the Developer within fifteen (15) days of receipt of the engineer's report, in writing by certified or registered mail, of its action with relation thereto. If the Board of Supervisors or Township Engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the Developer's posted financial security shall be released. 10. If any portion of said improvements shall not be approved or shall be rejected by the Board of Supervisors, the Developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed. 11. Nothing herein, however, shall be construed in limitation of the Developer's right to contest or question by legal proceedings or otherwise any determination of the Board of Supervisors or Township Engineer. North Cornwall Township VI-5 November 20, 2013

63 12. In the event that any improvements that may be required have not been installed as provided in this Ordinance or in accordance with the approved plan, the Board of Supervisors may enforce any letter of credit or other financial security by appropriate legal and equitable remedies. If proceeds of such financial security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Board of Supervisors may, at its option, install such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action or recover the monies necessary to complete the remainder of the improvements. All the proceeds, after deducting the costs of collection, whether resulting from the financial security or from any legal or equitable action brought against the Developer or both, shall be used solely for the installation of the improvements covered by such security, and not for any other Township purpose. 13. In the event that any portion of land development would, but for the existence of areas requiring maintenance subject to this Ordinance, be dedicated to the Township, the contractor or Developer may make application to the Township for acceptance by the Township of such portions of the land development. In the event that the Township, by formal action, accepts such portions of land development, maintenance and responsibility for such portions shall fall upon the Township. SECTION 604 AS-BUILT PLAN Prior to the final release of the financial security, the Developer shall provide the Township with one (1) Mylar and two (2) prints of the final as-built plan showing the following: 1. Actual location and cross section of swales and accompanying easements. 2. Actual horizontal and vertical location of all Storm Water Management Facilities including type and size of storm drainage pipes. 3. Actual horizontal and vertical location of all water quality facilities and appurtenant structures. 4. Location and extent of any required planted or protected vegetation, shrubs or trees. The quantity and name of the vegetation, shrub or tree shall be provided. 5. Detention basin and other Storm Water storage facilities or devices: A. Actual contours. B. Actual outlet structure details including type, size and inverts of outlet pipes. C. Actual elevation of the embankment and emergency spillway. D. A table showing the stage/storage/discharge curve for the constructed conditions. E. A table providing a comparison of the approved design vs. the as-built discharge North Cornwall Township VI-6 November 20, 2013

64 rates from all detention facilities. F. For infiltration facilities a table comparing the approved design specifications vs. the constructed. G. If additional infiltration testing was performed the location and results of the testing. H. An explanation of any discrepancies between the as-built plan and the approved plans. I. Any other information necessary to show compliance with this ordinance, MS4 requirements or other permit. SECTION 605 PROHIBITION AGAINST NON-STORM WATER DISCHARGES Prohibited Discharges 1. No person in the Township shall allow, or cause to allow, Storm Water discharges into the Township s separate storm sewer system, which are not composed entirely of Storm Water, except (1) as provided in the subsection 2 below, and (2) discharges allowed under a state or federal permit. 2. Discharges which may be allowed, based on a finding by the Township that the discharge(s) do not significantly contribute to pollution to Waters of the Commonwealth, are: A. Discharges from fire fighting activities. B. Potable water sources including water line and fire hydrant flushing. C. Irrigation drainage. D. Routine external building wash down (which does not use detergents or other compounds). E. Air conditioning condensate. F. Water from individual residential car washing. G. Springs. H. Rising ground waters. I. Diverted stream flows. J. Water from crawl space pumps. K. Uncontaminated water from foundation or from footing drains. L. Uncontaminated groundwater. North Cornwall Township VI-7 November 20, 2013

65 M. Uncontaminated groundwater infiltration (as defined at 40 CFR (20)). N. Flows from riparian habitats and wetlands. O. Lawn watering and landscape irrigation. P. Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used. Q. Dechlorinated swimming pool discharges. 3. In the event that the Township determines that any of the discharges identified in Subsection B significantly contribute to pollution of waters of the Commonwealth, or is so notified by PADEP that they significantly contribute to pollution of waters of the Commonwealth, the Township will notify the responsible person to cease the discharge. 4. Upon notice provided by the Township under Subsection 3, the discharger will have a reasonable time, as determined by the Township, to cease the discharge consistent with the degree of pollution caused by the discharge. 5. Nothing in this Section shall affect a discharger s responsibilities under state law. 6. The following connections are prohibited, except as provided in Section 2 above: A. Any drain or conveyance, whether on the surface or subsurface, which allows any non-storm Water discharge including sewage, process wastewater, and wash water, to enter the separate storm sewer system, and any connections to the storm drain system from indoor drains and sinks; and, B. Any drain or conveyance connected from a commercial or industrial land use to the separate storm sewer system which has not been documented in plans, maps, or equivalent records, and approved by the Township. SECTION 606 RIGHT-OF-ENTRY The Storm Water Management Site Plan shall include a note on the plan from the owner granting the Township, its employees and agents the right to enter onto the property to inspect all storm water conveyance, treatment and / or storage facilities. SECTION 607 NOTIFICATION In the event that any person fails to comply with the requirements of this Ordinance, or fails to conform to the requirements of any permit issued hereunder, the Township shall provide written notification of the violation. Such notification shall set forth the nature of the violation(s) and establish a reasonable time limit, for correction of these violation(s). Failure to comply within the time specified shall subject such person to the penalty provisions of this Ordinance. All such North Cornwall Township VI-8 November 20, 2013

66 penalties shall be deemed cumulative and shall not preclude the Township from pursuing any and all other remedies. SECTION 608 ENFORCEMENT/VIOLATIONS 1. The Township is hereby authorized and directed to enforce all of the provisions of this Ordinance. All inspections regarding compliance with the Storm Water Management Site Plan shall be the responsibility of the Township Engineer or other qualified persons designated by the Township. A. It shall be unlawful for any person, firm, or corporation to undertake any activity under Section 105 on any property except as provided for in the approved Storm Water Management Site Plan and pursuant to the requirements of this Ordinance. B. It shall be unlawful to alter or remove any control structure required by the Storm Water Management Site Plan pursuant to this Ordinance or to allow the property to remain in a condition which does not conform to the approved storm water management site plan. C. The Township may provide a limited time period for the owner to correct any violation. In these cases, the Township 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 Township may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this Ordinance. D. Any approval or permit issued by the Township pursuant to this Ordinance may be suspended or revoked for: (1) Non-compliance with or failure to implement any provision of the approved Storm Water Management Site Plan or Operation and Maintenance Agreement. (2) A violation of any provision of this Ordinance or any other applicable law, ordinance, rule, or regulation relating to the Regulated Activity. (3) The creation of any condition or the commission of any act during the Regulated Activity which constitutes or creates a hazard, nuisance, pollution, or endangers the life or property of others. E. A suspended approval may be reinstated by the Township when: (1) The Township has inspected and approved the corrections to the violations that caused the suspension. (2) The Township is satisfied that the violation has been corrected. F. An approval that has been revoked by the Township cannot be reinstated. The Applicant may apply for a new approval under the provisions of this Ordinance. North Cornwall Township VI-9 November 20, 2013

67 2. It shall be a violation of this Ordinance to commit any of the following acts: A. To commence Regulated Activities prior to obtaining unconditional approval of a Storm Water Management Site Plan or in violation of the terms or conditions of a Storm Water Management Site Plan approved under this Ordinance. B. To install, repair, modify or alter Storm Water Management Facilities prior to obtaining approvals under this Ordinance, or, in a manner which violates the terms and conditions of any Approval issued under this Ordinance. C. To misuse or fail to maintain any Storm Water Management Facility installed upon a property. D. To construct any improvements upon, grade, fill, place any structure, landscaping or vegetation, or take any other action which will impair the proper functioning of any Storm Water Management Facility without the written approval of the Township. E. To place false information on, or, omit relevant information from an application for Approval under this Ordinance. F. To fail to comply with any other provisions of this Ordinance. SECTION 609 PENALTIES/REMEDIES 1. For each violation of the provisions of this Ordinance, the owner, agent, lessee, or contractor or any other person who commits, takes part in, or assists in any such violation shall be liable upon conviction thereof in a summary proceeding to pay a fine of not less than $ nor more than $1, for each offense, together with the costs of prosecution. Each day or portion thereof in which a violation exists shall be considered a separate violation of this Ordinance, and each Section of this Ordinance which is violated shall be considered a separate violation. 2. The Township may also institute suits to restrain, prevent, or abate a violation of this Ordinance in equity or at law. Such proceedings in equity or at law may be initiated before any court of competent jurisdiction. In cases of emergency where, in the opinion of the court, the circumstances of the case require immediate abatement of the unlawful conduct, the court may, in its decree, fix a reasonable time during which the person responsible for the unlawful conduct shall correct or abate the same. The expense of such proceedings shall be recoverable from the violator in such manner as may now or hereafter be provided by law. 3. The Township may also take actions relating to suspension or revocation of permits set forth in other sections of this ordinance. 4. The Township may, by resolution, appoint a code enforcement officer to enforce this Ordinance and may authorize such code enforcement officer to institute summary criminal proceedings without prior action by the Township. North Cornwall Township VI-10 November 20, 2013

68 SECTION 610 APPEALS 1. Any person aggrieved by any action of the Township or its designee may appeal to Township within thirty days of that action. Any such appeal shall be governed by the procedures of Article V of the Local Agency Law, 2 Pa. C.S.A. 401 et seq. 2. Any person aggrieved by any decision of Township may appeal to the Lebanon County Court of Common Pleas within thirty (30) days of that decision, in accordance with Article VII of Local Agency Law, 2 Pa. C.S.A. 701 et seq. the Local Agency Law. SECTION 611 CONSTRUCTION Nothing in this Ordinance shall be construed to affect any suit or proceeding pending in any court, or any rights or liability incurred, or any permit issued, or any approval granted, or any cause or causes of action existing prior to the enactment of this Ordinance. North Cornwall Township VI-11 November 20, 2013

69 SECTION 612 EFFECTIVE DATE This Ordinance shall take effect and be in force five (5) days after its enactment by the Board of Supervisors of the Township of North Cornwall as provided by law. DULY ORDAINED AND ENACTED by the Board of Supervisors of the Township of North Cornwall, Lebanon County, Pennsylvania, on the th day of, 20, in lawful session duly assembled. TOWNSHIP OF NORTH CORNWALL Kip Kelly, Chairman Ammon Peiffer, Vice Chairman Sam Abram, Jr., Supervisor Attest: Robin L. Getz, Secretary NORTH CORNWALL TOWNSHIP SEAL North Cornwall Township VI-12 November 20, 2013

70 MUNICIPAL CERTIFICATION I, Robin L. Getz, Secretary of North Cornwall Township, Lebanon County, Pennsylvania, do hereby certify that the foregoing North Cornwall Township of 2013 (Ordinance No. ) was advertised in the Lebanon County Daily News, a daily newspaper of general circulation in North Cornwall Township, on November 25, 2013, and was duly enacted and approved as set forth at a Regular Meeting of the Board of Supervisors held on, Robin L. Getz, Secretary North Cornwall Township VI-13 November 20, 2013

71 APPENDICES

72 APPENDIX NO. 4 RUNOFF CURVE NUMBERS "CN" FOR SCS METHOD Runoff Curve Numbers "CN" for SCS Method Soil Group A B C D Slope 0-2% 2-6% 6%+ 0-2% 2-6% 6%+ 0-2% 2-6% 6%+ 0-2% 2-6% 6%+ Land Use Cultivated Land winter conditions summer conditions Fallowed Fields poor conditions good conditions Forest/Woodland Grass Areas good conditions average conditions poor conditions Impervious Areas Weighted Residential lot size 1/8 acre lot size 1/4 acre lot size 1/3 acre lot size 1/2 acre lot size 1 acre

73 APPENDIX NO. 5