[Ord. No. 337, 5/15/2024]
(a) 
For any of the activities regulated by this chapter, the preliminary or final approval of subdivision and/or land development plans, the issuance of any building or occupancy permit, or the commencement of any earth disturbance activity may not proceed until the property owner or applicant or his/her agent has received any of the following: written approval of a drainage plan; written approval of a minor drainage plan; or determination that the project meets one of the exemption criteria listed below.
(b) 
The date of adoption of the Stormwater Management Ordinance (March 19, 2008) shall be the starting point from which to consider tracts/lots as "parent tracts/lots" for which future subdivision and respective impervious area computation and/or building area computation shall be cumulatively considered. Impervious areas and/or building area existing on the "parent tract/lot" prior to adoption of this chapter shall not be considered in cumulative impervious area and/or building area calculations for exemption purposes or when considering qualification as a minor drainage plan.
[Ord. No. 337, 5/15/2024]
(a) 
General Exemptions. The following land use activities are exempt from the drainage plan submission requirements of this chapter:
(1) 
Use of land for gardening for home consumption.
(2) 
Agricultural plowing and tilling are exempt from the rate control and drainage plan preparation requirements of this chapter provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
(3) 
Forest management and timber operations are exempt from the rate control and drainage plan preparation requirements of this chapter provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
(4) 
Cumulative creation of impervious surface less than or equal to 1,000 square feet in area on any lot.
(5) 
Residential swimming pools (above ground or in ground) when surrounding impervious surface is less than 1,000 square feet.
(6) 
Subdivision plans proposing annexations, lot line adjustments and the like which will result in no new buildable lots being created.
(7) 
Existing Landscaping: use of land for maintenance, replacement, or enhancement of existing landscaping.
(8) 
High tunnel if:
(i) 
The high tunnel or its flooring does not result in an impervious surface exceeding 25% of all structures located on the landowner's total contiguous land area; and
(ii) 
The high tunnel meets one of the following:
a) 
The high tunnel is located at least 100 feet from any perennial stream or watercourse, public road, or neighboring property line.
b) 
The high tunnel is located at least 35 feet from any perennial stream or watercourse, public road or neighboring property line and located on land with a slope not greater than 7%.
c) 
The high tunnel is supported with a buffer or diversion system that does not directly drain into a stream or other watercourse by managing stormwater runoff in a manner consistent with the requirements of Pennsylvania Act 167.
(b) 
Stormwater Quantity Control Exemptions/Minor Drainage Plan Qualification and Content.
(1) 
Any regulated activity that does not exceed the values in Table 402-1 qualifies to submit a minor drainage plan and shall not be required to implement the stormwater quantity controls, specified in § 25-308 of this chapter. These criteria shall apply to the total development even if development is to take place in phases. The March 19, 2008, date of the adoption of this chapter shall be the starting point from which to consider tracts as "parent tracts" in which future subdivisions and respective impervious area computations shall be cumulatively considered. Impervious areas existing on the "parent tract" prior to adoption of this chapter shall not be considered in cumulative impervious area calculations for exemption purposes.
Table 402-1
Impervious Area Exemption Criteria
Total Parcel Size
Impervious Area Exemption
(square feet)
0 to < 0.125 ac
1,000
0.125 to < 0.5 ac
2,500
0.5 to < 1 ac
5,000
1 to < 2 ac
7,500
2 to < 3 ac
10,000
3 to < 4 ac
12,500
≥ 4 ac
15,000
(2) 
Submissions for projects that utilize the exemption under Subsection (b) qualify for submittal as a minor drainage plan. Submissions for projects that qualify for submittal as a minor drainage plan shall still be required to meet the groundwater recharge (§ 25-305), water quality (§ 25-306), and stream bank erosion (§ 25-307) controls of this chapter. The minor drainage plan submittal shall consist of the worksheets contained in Appendix H,[1] including a site sketch plan in accordance with § 25-403(a)(2), (b)(7), (8), (11), (15), and (22), and (d)(2). These worksheets were developed to meet the requirements of groundwater recharge (§ 25-305), water quality (§ 25-306) and stream bank erosion (§ 25-307) controls of this chapter. Activities which have a proposed impervious area of less than 1,000 square feet are exempt from all requirements of this chapter. Any exemption must first be approved by the Township.
[1]
Editor’s Note: Said appendix is included as an attachment to this chapter.
(3) 
Qualification for submittal of a minor drainage plan shall not relieve the applicant from meeting the special requirements for watersheds draining to high quality (HQ) or exceptional value (EV) waters (pursuant to 25 Pa. Code Chapter 93), identified and Source Water Protection Areas (SWPA) and nonstructural project design sequencing (§ 25-304). The volume and rate of the net increase in stormwater runoff from regulated activities must be managed to prevent the physical degradation of receiving waters from such effects as scour and stream bank destabilization, to satisfy state water quality requirements.
(4) 
All regulated activities occurring in drainage areas tributary to waters designated HQ/EV pursuant to 25 Pa. Code Chapter 93 shall not change any biological, chemical or physical characteristics, including volume, rate, velocity, course, current, cross section, or temperature of the waters, unless the activity is specifically permitted in accordance with the environmental laws of the commonwealth.
(c) 
Additional Exemption Requirement:
(1) 
Exemption responsibilities. An exemption shall not relieve the applicant from implementing such measures as are necessary to protect the public health, safety, and property. An exemption shall not relieve the applicant from providing adequate stormwater management for regulated activities to meet the requirements of this chapter.
(2) 
HQ and EV Streams. This exemption shall not relieve the applicant from meeting the special requirements for watersheds draining to high quality (HQ) or exceptional value (EV) waters, identified and source water protection areas (SWPA) and requirements for nonstructural project design sequencing (§ 25-304), groundwater recharge (§ 25-305), water quality (§ 25-306), and stream bank erosion (§ 25-307).
(3) 
Drainage Problems. If a drainage problem is documented or known to exist downstream of, or expected from, the proposed activity, then the Township may require a drainage plan submittal.
(4) 
Erosion Control. Exempt activities must still be performed according to the requirements of 25 Pa. Code Chapter 102.
(5) 
Additional Permits. Exemption does not relieve the applicant from the responsibility to secure required permits or approvals for activities regulated by any other applicable municipal code, rule, act, or ordinance.
All regulated activities occurring in drainage areas tributary to waters designated HQ/EV pursuant to 25 Pa. Code Chapter 93 shall not change any biological, chemical, or physical characteristics, including volume, rate, velocity, course, current, cross section, or temperature of the waters, unless the activity is specifically permitted in accordance with the environmental laws of the commonwealth.
(d) 
The municipality may deny or revoke any exemption pursuant to this section at any time for any project that the municipality believes may pose a threat to public health and safety or the environment.
[Ord. No. 337, 5/15/2024]
The drainage plan shall consist of a general description of the project, including sequencing items described in § 25-304, calculations, maps and plans. A note on the maps shall refer to the associated computations and erosion and sediment control plan by title and date. The cover sheet of the computations and erosion and sediment control plan shall refer to the associated maps by title and date. All drainage plan materials shall be submitted to the Township in a format that is clear, concise, legible, neat, and well organized; otherwise, the drainage plan shall not be accepted for review and shall be returned to the applicant.
The following items shall be included in the drainage plan:
(a) 
General.
(1) 
General description of the project, including those areas described in § 25-304.
(2) 
General description of permanent stormwater management techniques, including construction specifications of the materials to be used for stormwater management facilities.
(3) 
Complete hydrologic, hydraulic, and structural computations for all stormwater management facilities.
(4) 
An erosion and sediment control plan, including all reviews and approvals by the Conservation District.
(5) 
A general description of nonpoint source pollution controls.
(6) 
Regulated activities that create disconnected impervious areas smaller than 1,000 square feet are exempt from the peak rate control (§ 25-308) and the drainage plan preparation requirements of this chapter.
(b) 
Maps. Map(s) of the project area shall be submitted on 24-inch x 36-inch sheets and/or shall be prepared in a form that meets the requirements for recording at the offices of the Recorder of Deeds of Berks County. If the Township Subdivision and Land Development Ordinance (SALDO)[1] has more stringent criteria, then the more stringent criteria shall apply. The contents of the map(s) shall include, but not be limited to:
(1) 
The location of the project relative to highways, municipalities or other identifiable landmarks.
(2) 
Existing contours at intervals of two feet. In areas of steep slopes (greater than 15%), five-foot contour intervals may be used.
(3) 
Existing streams, lakes, ponds or other waters of the commonwealth within the project area.
(4) 
Other physical features, including flood hazard boundaries, stream buffers, existing drainage courses, areas of natural vegetation to be preserved, and the total extent of the upstream area draining through the site.
(5) 
The locations of all existing and proposed utilities, sanitary sewers, on-lot wastewater facilities, water supply wells and water lines within 50 feet of property lines.
(6) 
An overlay showing soil names and boundaries.
(7) 
Limits of earth disturbance, including the type and amount of impervious area that would be added.
(8) 
Proposed structures, roads, paved areas, and buildings.
(9) 
Final contours at intervals of two feet. In areas of steep slopes (greater than 15%), five-foot contour intervals may be used.
(10) 
The name of the development, the name and address of the owner of the property, and the name of the individual or firm preparing the plan.
(11) 
The date of submission.
(12) 
A graphic and written scale of one inch equals no more than 50 feet; for tracts of 20 acres or more, the scale shall be one inch equals no more than 100 feet.
(13) 
A North arrow.
(14) 
The total tract boundary and size with distances marked to the nearest foot and bearings to the nearest degree.
(15) 
Existing and proposed land use(s).
(16) 
A key map showing all off-site existing man-made features which may be affected by stormwater runoff or stormwater management controls for the project.
(17) 
Location of all open channels.
(18) 
Overland drainage patterns and swales.
(19) 
A 20-foot-wide access easement around all stormwater management facilities that would provide ingress to and egress from a public right-of-way.
(20) 
The location of all erosion and sediment control facilities.
(21) 
A note on the plan indicating the location and responsibility for maintenance of stormwater management facilities that would be located on/off-site. All on/off-site facilities shall meet the performance standards and design criteria specified in this chapter.
(22) 
A statement, signed by the landowner, acknowledging that any revision to the approved drainage plan or minor drainage plan (if applicable) must be approved by the Township and the Conservation District.
(23) 
The following signature block for the Design Engineer:
"I, (Design Engineer), on this date (date of signature), hereby certify that the drainage plan meets all design standards and criteria of the Amity Township Stormwater Management Ordinance."
(24) 
The following signature block for the municipality:
"(Municipal official or designee), on this date (signature date), has reviewed and hereby certifies to the best of my knowledge that the drainage plan meets all design standards and criteria of the Amity Township Stormwater Management Ordinance."
(25) 
A determination of site conditions in accordance with the BMP Manual. A detailed site evaluation shall be completed for projects proposed in areas of carbonate geology or karst topography, and other environmentally sensitive areas, such as brownfields.
[1]
Editor's Note: See Ch. 27 of this Code.
(c) 
Supplemental Information.
(1) 
A written description of the following information shall be submitted:
(i) 
The overall stormwater management concept for the project designed in accordance with § 25-304.
(ii) 
Stormwater runoff computations as specified in this chapter.
(iii) 
Stormwater management techniques to be applied both during and after development.
(iv) 
Expected project time schedule.
(v) 
Development stages (project phases) if so proposed.
(vi) 
An operation and maintenance plan in accordance with § 25-702 of this chapter.
(2) 
An erosion and sediment control plan.
(3) 
The effect of the project (in terms of runoff volumes and peak flows) on adjacent properties and on any existing Township stormwater collection system that may receive runoff from the project site.
(d) 
Stormwater Management Facilities.
(1) 
All stormwater management facilities must be shown on the plan. Detail and/or cross-section drawings must be shown on the plan for all stormwater management facilities, including drainage structures, pipes, open channels and swales.
(2) 
When infiltration facilities such as seepage pits, beds or trenches are used, the locations of existing and proposed septic tank infiltration areas and wells must be shown.
(3) 
All calculations, assumptions, and criteria used in the design of the stormwater management facilities must be shown.
(e) 
Responsibilities for Operations and Maintenance of Stormwater Controls and BMPs.
(1) 
No regulated earth disturbance activities within the Township shall commence until approval by the Township of a stormwater control and BMP operations and maintenance plan which describes how the permanent (e.g., post-construction) stormwater controls and BMPs will be properly operated and maintained.
(2) 
The following items shall be included in the stormwater control and BMP operations and maintenance plan:
(i) 
Map(s) of the project area, in a form that meets the requirements for recording at the offices of the Recorder of Deeds of Berks County, and shall be submitted on 24-inch x 36-inch sheets. The contents of the maps(s) shall include, but not be limited to:
a) 
Clear identification of the location and nature of permanent stormwater controls and BMPs;
b) 
The location of the project site relative to highways, municipal boundaries or other identifiable landmarks;
c) 
Existing and final contours at intervals of two feet, or others as appropriate;
d) 
Existing streams, lakes, ponds, or other bodies of water within the project site area;
e) 
Other physical features, including flood hazard boundaries, sinkholes, streams, existing drainage courses, and areas of natural vegetation to be preserved;
f) 
The locations of all existing and proposed utilities, sanitary sewers, on-lot wastewater facilities, water supply wells and water lines within 50 feet of property lines of the project site;
g) 
Proposed final changes to the land surface and vegetative cover, including the type and amount of impervious area that would be added;
h) 
Proposed final structures, roads, paved areas, and buildings; and
i) 
A 20-foot-wide access easement around all stormwater controls and BMPs that would provide ingress to and egress from a public right-of-way.
(3) 
A description of how each permanent stormwater control and BMP will be operated and maintained, and the identity of the person(s) responsible for the long-term ownership and operations and maintenance.
(4) 
The name of the project site, the name and address of the owner of the property, and the name of the individual or firm preparing the plan.
(5) 
A statement, signed by the landowner, acknowledging that the stormwater controls and BMPs are fixtures that can be altered or removed only after approval by the Township.
(f) 
The stormwater control and BMP operations and maintenance plan for the project site shall establish responsibilities for the continuing operation and maintenance of all permanent stormwater controls and BMPs, as follows:
(1) 
If a plan includes structures or lots which are to be separately owned and in which streets sewers and other public improvements are to be dedicated to the Township, stormwater controls and BMPs may also be dedicated to and maintained by the Township;
(2) 
If a plan includes operations and maintenance by a single ownership, or if sewers and other public improvements are to be privately owned and maintained, then the operation and maintenance of stormwater controls and BMPs shall be the responsibility of the owner or private management entity.
(g) 
The Township shall make the final determination on the continuing operations and maintenance responsibilities. The Township reserves the right to accept or reject the operations and maintenance responsibility for any or all of the stormwater controls and BMPs.
(h) 
Township Review of Stormwater Control and BMP Operations and Maintenance Plan.
(1) 
The Township shall review the stormwater control and BMP operations and maintenance plan for consistency with the purposes and requirements of this chapter, and any permits issued by DEP.
(2) 
The Township shall notify the applicant in writing whether the stormwater control and BMP operations and maintenance plan is approved.
(3) 
The Township may require a "record drawing" of all stormwater controls and BMPs, and an explanation of any discrepancies with the operations and maintenance plan.
[Ord. No. 337, 5/15/2024]
The Township shall require receipt of a complete plan, as specified in this chapter.
For any activities that require an NPDES permit for stormwater discharges from construction activities, a PaDEP joint permit application, a PennDOT highway occupancy permit, or any other permit under applicable state or federal regulations or are regulated under Chapter 105 (Dam Safety and Waterway Management) or Chapter 106 (Floodplain Management) of PaDEP's Rules and Regulations, the proof of application for said permit(s) or approvals shall be part of the plan. The plan shall be coordinated with the state and federal permit process and the Township SALDO review process.
(a) 
For projects which require SALDO approval, the drainage plan shall be submitted by the applicant as part of the preliminary plan submission where applicable for the regulated activity. Such plans and associated reports must be signed and sealed by a qualified design professional.
(b) 
For these regulated activities that do not require SALDO approval, see § 25-401, General Requirements.
(c) 
Six copies of the drainage plan shall be submitted and distributed as follows:
(1) 
Two copies to the Township accompanied by the requisite Township review fee, as specified in this chapter.
(2) 
Two copies to the Conservation District.
(3) 
One copy to the Township Engineer.
(4) 
One copy to the County Planning Commission/Department.
[Ord. No. 337, 5/15/2024]
(a) 
The Township shall review the drainage plan with the standards set forth in this chapter. Any found incomplete shall not be accepted for review and shall be returned to the applicant.
(b) 
For activities regulated by this chapter, the Township shall notify the applicant in writing, within 45 calendar days, whether the drainage plan is consistent with the stormwater management plan. If the drainage plan involves a subdivision and land development plan, the notification shall occur within the time period allowed by the Municipalities Planning Code[1] (90 days). If a longer notification period is provided by other statute, regulation, or ordinance, the applicant will be so notified by the Township.
(1) 
Should the drainage plan be determined to be consistent with the stormwater management plan, the Township Engineer shall forward an approval letter to the Township Secretary, who will then forward a copy to the applicant.
(2) 
Should the drainage plan be determined to be inconsistent with the stormwater management plan, the Township Engineer shall forward a disapproval letter to the Township Secretary, who will then forward a copy to the applicant. The disapproval letter shall cite the reason(s) and specific ordinance sections for the disapproval. Disapproval may be due to inadequate information to make a reasonable judgment as to compliance with the stormwater management plan. Any disapproved drainage plans may be revised by the applicant and resubmitted consistent with this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(c) 
For regulated activities specified in § 25-105 of this chapter which require a building permit, the Township Engineer shall notify the Township Building Code Official in writing, within a time frame consistent with the Township Building Code and/or Township Subdivision Ordinance,[2] whether the drainage plan is consistent with the stormwater management plan and forward a copy of the approval/disapproval letter to the applicant. Any disapproved drainage plan may be revised by the applicant and resubmitted consistent with this chapter.
[2]
Editor's Note: See Ch. 27 of this Code.
(d) 
For regulated activities under this chapter that require an NPDES permit application, the applicant shall forward a copy of the Township Engineer's letter stating that the drainage plan is consistent with the stormwater management plan to the Conservation District. PaDEP and the Conservation District may consider the Township Engineer's review comments in determining whether to issue a permit.
(e) 
The Township shall not grant approval or grant preliminary approval to any subdivision or land development for regulated activities specified in § 25-105 of this chapter if the drainage plan has been found to be inconsistent with the stormwater management plan, as determined by the Township. All required permits from PaDEP must be obtained prior to approval of any subdivision or land development.
(f) 
The applicant shall be responsible for completing record drawings of all stormwater management facilities included in the approved drainage plan. The record drawings and an explanation of any discrepancies with the design plans shall be submitted to the Township for final approval. The Township may withhold approval of the record drawings until the Township receives a copy of an approved highway occupancy permit from the PennDOT District Office, NPDES permit, and any other applicable permits or approvals, from PaDEP or the Conservation District. The above permits and approvals must be based on the record drawings.
(g) 
The Township's approval of a drainage plan shall be valid for a period not to exceed five years, commencing on the date that the Township signs the approved drainage plan. If stormwater management facilities included in the approved drainage plan have not been constructed, or if constructed, and record drawings of these facilities have not been approved within this five-year time period, then the Township may consider the drainage plan disapproved and may revoke any and all permits. Drainage plans that are considered disapproved by the Township shall be resubmitted in accordance with § 25-408 of this chapter.
[Ord. No. 337, 5/15/2024]
(a) 
A modification to a drainage plan under review by the Township for a development site that involves a change in stormwater management facilities or techniques, or that involves the relocation or re-design of stormwater management facilities, or that is necessary because soil or other conditions are not as stated on the drainage plan as determined by the Township, shall require a resubmission of the modified drainage plan consistent with § 25-404 of this chapter and be subject to review as specified in § 25-405 of this chapter.
(b) 
A modification to an already approved or disapproved drainage plan shall be submitted to the Township, accompanied by the applicable Township review and inspection fee. A modification to a drainage plan for which a formal action has not been taken by the Township shall be submitted to the Township, accompanied by the applicable Township review and inspection fee.
[Ord. No. 337, 5/15/2024]
A disapproved drainage plan may be resubmitted, with the revisions addressing the Township's concerns documented in writing and addressed to the Township Secretary in accordance with § 25-404 of this chapter and distributed accordingly and be subject to review as specified in § 25-405 of this chapter. The applicable Township review and inspection fee must accompany a resubmission of a disapproved drainage plan.
[Ord. No. 337, 5/15/2024]
(a) 
The developer shall be responsible for providing as-built plans of all stormwater management facilities included in the approved drainage plan. The as-built plans and an explanation of any discrepancies with the construction plans shall be submitted to the Township. An as-built plan is not required for a minor drainage plan.
(b) 
The as-built submission shall include a certification of completion signed by a qualified professional verifying that all permanent stormwater management facilities have been constructed according to the approved plans and specifications. The latitude and longitude coordinates for all permanent stormwater management facilities must also be submitted at the central location of the facilities. If any licensed qualified professionals contributed to the construction plans, then a licensed qualified professional must sign the completion certificate.
(c) 
After receipt of the completion certification by the Township, the Township may conduct a final inspection per § 25-501.