Notice is hereby given that the Board of Supervisors of New London Township, Chester County, will conduct a public hearing on July 16, 2008 at 6:30 pm to review, and consider for enactment at a special meeting immediately thereafter, the addition of a Stormwater Management Ordinance as Chapter 5 Part l of the Compilation of Land Use Ordinances of New London Township. The purpose of the enactment is to review and update the current New London Township Stormwater Management regulations as required to comply with the regulations of Pennsylvania Act 167 Stormwater Management and the regulations of the Pennsylvania Department of Environmental Protection Watershed Management for Municipal Separate Storm Water Systems. This hearing will be held at the New London Township Building, 902 State Road, New London, PA.A summary of the ordinance follows:

SECTION 1. Chapter 5 Water Part 1Stormwater Management shall be added to the New London Township Compilation of Land Use Ordinances and the following is a summary of the proposed revision and ordinance:

5-100 Short Title and Effective Date: New London Township Water Ordinance, effective 5 days after its enactment.

5-101: This Part 1 shall be known as the New London Township Stormwater Management Ordinance and is written to comply with regulations of Pennsylvania Act 167 Stormwater Management and the Pennsylvania Department of Environmental Protection Watershed Management for Municipal Separate Storm Water Systems, effective 5 days after enactment.

5-102 Purpose: To protect and enhance the surface and ground water resources of New London Township, and discusses various drainage and stormwater practices.

5-103 Interpretation: Provisions shall be held to the minimum requirements to promote the purposes of this Ordinance, and where the provisions of this Part impose greater restrictions than those of any other statute, ordinances or regulations, the more restrictive regulations shall control.

5-104 Authority: Pennsylvania Municipalities Planning Code, Act 247, as amended, Pennsylvania Stormwater Management Act, Act 167, as amended, New London as a Municipal Separate Storm Sewer System under Phase II of the National Pollution Discharge Elimination System (NPDES) Storm Water Program of the Environmental Protection Agency (EPA), The Clean Streams Law, 35 PS 691.1 et seq. and The Clean Water Act, 33 U.S.C. 1251, et seq.

5-105 Jurisdiction: New London Township and/or its Board of Supervisors shall have the authority to enforce this Ordinance under the terms as outlined therein.

5-106 Validity and Severability: Preserves remaining portions of the Ordinance should any portion be determined to be invalid.

5-107 Repealer: Repeals all laws inconsistent with this provision.

5-108 General Provisions:

1. The management of stormwater on the site, both during and upon completion of disturbances associated with development and relevant procedures required to accomplish this purpose.

2. Coordination with Building Permit Issuance.

3. Erosion and Sedimentation: Requires compliance for all activities for earth disturbance as outlined in the performance standards and those of the PA Department of Environmental Protection, including the following minimum standards: prevent accelerated erosion and resulting sedimentation; defines principles to prevent accelerated erosion during earth disturbance, construction (including buildings and other structures) and paving, including the minimum requirements during period of earth moving and, in the case of subdivisions or land developments, prior to completion of roads, parking areas, buildings and other improvements to assure minimum safeguards as outlined and principles described in paragraphs 1-10. (These principles include but are not limited to runoff calculations, retention of stormwater standards, slope limitations, preservation of natural features and topography, standards for stripping of vegetation, retention of natural vegetation and stockpiling of soil, minimization of disturbed area and duration of exposure, permanent vegetative and structural erosion control, retention and removal of stormwater sediment in runoff water, procedures for protecting soils or geologic formations, and such other requirements or exceptions as are consistent with the terms of principles as may be imposed by Township Engineer) Special requirements for agricultural and/or logging and woodcutting operations to prevent accelerated erosion and resulting sedimentation, earth disturbance activities relating to agricultural and/or logging and woodcutting operations must be conducted with consideration to the principles outlined in subparagraphs 1-6. These principals include but are not limited to the following: Minimum standards and principles for agricultural operations such as minimum distances to streams, permanent cover protection within right-of-way of township roads, slope limitations, and diversion terraces. This section includes principles for logging or woodcutting operations, which include but are not limited to retention of stumps, groundcover and root mat requirements, methods for removal of logs and removal routes, slopes limitations, maximum slope prohibitions, and design criteria.

All earth disturbances greater than 1000 square feet must be done under an erosion and sedimentation control permit issued by New London Township. All earth disturbances greater than 1 acre must be done under a stormwater NPDES permit and have a post-construction stormwater management plan.

4. Exemptions: This section includes various exemptions from the requirements of on-site stormwater runoff control. This provision includes emergency, maintenance, gardening and improvement-related exemptions as defined in subsections 4A-D.

5. Protection of Adjacent Property: These principles prohibit any person from engaging in earth moving sufficiently close to another public property from settling, cracking or other damage which might result from such earth movement.

No person shall dump, move, or place any soil, bedrock or other material or divert or increase the flow of water so as to cause the same to be deposited upon or roll, flow or wash upon or over the premises of another without express consent of owner of such premises, or upon or over any public street, street improvement, road, storm sewer drain, watercourse, or right of way or any public property.

No person shall when hauling soil, bedrock or other material over any public street, road, alley or public property, allow such material to blow or spill over and upon such street, road, alley or public property or adjacent private property.

This provision includes the procedure for the correction of any violation of this ordinance and the reimbursement to the Township for any costs incurred for any of these violations.

This provision prohibits the transfer of stormwater from one watershed to another unless the terms of this section are satisfied.

All concentrated discharge of stormwater to adjacent properties shall be within an existing watercourse or enclosed in an easement. 6. It shall be unlawful or illicit to discharge to MS4's directly through a direct connection or indirectly by means of overland flow.

5-109 Stormwater Management Plan: All subdivision and/or land development applications and all additions to existing impervious areas not part of a subdivision and/or land development application, with a proposed increase in impervious area greater than 2000 square feet shall include stormwater management plans. This section includes the requirements for such plans. This section also identifies the design plan and construction schedule, and the requirements for a final subdivision or land development plan application.

5-110 Permanent Stormwater Management Design Standards: This provision includes various details and requirements for the following: design goals, principles and standards which include design goals, design principles, design standards, stormwater runoff calculation methods, design standards for Stormwater Management Practices, Stormwater Infiltration Practices and Procedures. These principles and requirements include the following: Runoff Volume and Water Quality Facility Sizing Criteria which includes the various conditions and procedures required to satisfy the conditions including but not limited to the design of stormwater management collection facilities based upon a 100 year storm frequency, provisions that allow for overland conveyance of the post 100 year storm flows, run off calculations for on site and off site stormwater management facilities, run off calculations for the management to control the volume or rate of on-site run off, post development run-off volume regulations, Best Management Practice (BMP) requirements and use application, criteria and assumptions used in the determination of stormwater run-off and design, such other criteria and assumptions and standards as the Township Engineer may review and approve.

Stormwater Infiltration Practices provision regulating the infiltration practices based upon the suitability of existing soils and site conditions and the related standards for this practice, various accepted infiltration practices and standards, regulation of sedimentation transportation, procedure for the perforated distribution pipes in these practices, and procedures for infiltration, minimum infiltration requirements, limitations on distances and locations for infiltration practices, the lowest elevation of infiltration areas, restrictions on infiltration practices, designs for roof drains and requirements for roof drains, requirements for infiltration practices designed to infiltrate the stored volume within 48 hours, limitation of the application of sand, salt or other particulate matter, protection of infiltration practices during the site construction and procedures to assure such protection, the design and construction of all subsurface facilities and standards to assure the proper installation, requirements for aggregate, requirements for drainage fabric, and requirements for easements for infiltration practices serving more than one lot.

Retention Basins - This provision includes the minimum design goals and standards, requirements for outlet structures, requirements to determine the viability of a permanent pool, standards for sedimentation storage volume, limitations and standards for sediment forebays, size and standards for emergency spillways, use of existing ponds or permanent pool basins and standards for such use, minimum design standards for retention basins, standards and criteria for retention basins, standards and criteria for aquatic bench/shelf, minimum side slope limitation, stabilization requirements, energy dissipaters and level spreader requirements, identification of discharge points and distances, specifications for outlet structures.

Detention Basins - It is the intent of the Ordinance that a basin shall not be designed to function solely as a detention basin. Detention basins shall only be allowed if they are designed as combination stormwater management facilities as outlined therein. It includes the design for the retention portion of the basin, the infiltration portion of the basin, and the detention portion of the basin.

Conveyance System (gutters, swales, open vegetated channels, drainageways, and storm sewers) - The terms of this subparagraph include the design standards for the above described conveyance system, the material standards, the field construction standards, and the landscaping of stormwater management practices.

5-111 Operation and Maintenance Responsibilities: The terms of this section include a requirement that the final plan shall reflect or be accompanied by documentation identifying ownership and method of administering and maintaining all permanent stormwater management facilities, the dedication and acceptance of stormwater facilities which generally require that all stormwater maintenance facilities remain undedicated as determined therein, ownership and maintenance minimum standards and ownership elements (individual lot owner, homeowner, condo association). This subsection requires the establishment of a maintenance fund at the time of dedication of streets or issuance of last Certificate of Occupancy, which requires developer to contribute amount equal to 15% of cost of construction of facility to provide a permanent fund to assure maintenance. This section also includes a requirement for the submission of an operation and maintenance plan as identified in the subsections 5A-I.

This section requires submission and approval of an Operations and Maintenance Agreement reviewed and approved by the Township Engineer and Solicitor.

5-112 Administration: 1. Public Nuisances - Any violation of this Ordinance is deemed to be a public nuisance and each day a violation continues constitutes a separate violation. 2. Enforcement - This section provides the procedure for the Township to enforce the terms of this Ordinance and compliance with all minimum standards and requirements. 3. Suspension and Revocation of Permits and Approvals - The Township may suspend or revoke any permit or approval should a party fail to comply with the terms of this Ordinance. A revocation of a permit or approval cannot be reinstated. 4. Penalites - Includes a provision for a civil penalty in the amount of $1000 for each violation. Additionally, the Township may institute injunctive relief for such violations. This section includes such other remedies as the Township may have under this Ordinance and any other ordinance and/or statute.

5-114 Failure to enforce is not a waiver.

5-115 This Ordinance shall take effect 5 days from the date of enactment.

SECTION 2. All ordinances or parts of ordinances conflicting with any provisions of this ordinance are hereby repealed insofar as the same affects this ordinance.

SECTION 3. This Ordinance shall be effective 5 days following enactment, as by law provided.

The purpose of this notice is to provide a summary of the general content of the Ordinance. Each of the subsections contains extensive details, regulations, requirements, or criteria usually associated with these types of controls. The reader is advised to review a complete copy if additional information is needed for any of the proposed amendments or deletions.

This Ordinance is available for inspection at no charge, and copies may be obtained for a charge not greater than the cost thereof, at the New London Township Building, 902 State Road, New London, during their normal business hours. All communications relative to this hearing are to be addressed to New London Township at the above address. Contact New London Township at 610-869-8658 if special services or facilities for the handicapped are required.

R Samuel McMichael, Esquire Solicitor for New London Township

AGS, 6/26, 7/3/08, 292614

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