NEW LISTING

A publication of the Bill Gladstone Group of NAI CIR
January 2013
Preparing for the Storm:
Understanding Pennsylvania’s Stormwater Regulations on Land Development
T
By Mark W. Heeb, ASLA, Principal and Senior Project Manager with BL Companies
Thinking about purchasing land for
development purposes? If so, you may want
to pay close attention to recent changes in
regulations affecting the design, inspection,
maintenance and legal encumbrances
related to stormwater discharge and
facilities. When performing due diligence
investigations on a site’s development
potential, developers now need to consider
regulations impacting overall development
area and costs associated with the design,
construction and time to complete a project.
management facilities. It is important to
understand the impact of these regulations
on the land development community.
Why the word of caution? On November 19,
2010, Pennsylvania adopted new regulations
that impact land development. These new
rules, found in Pennsylvania Code Title
25, Chapter 102, build upon the current
permit requirements related to Erosion
and Sediment Control permits required for
earth disturbance activities and the National
Pollution Discharge Elimination System
permit required for permanent stormwater
Implemented in 1972, E&S regulations control
earth disturbance activities for agricultural
and non-agricultural projects. For the land
development community, these regulations
apply to work during the construction
phase of a project. Prior to performing
demolition, clearing/grubbing and bulk earth
excavation, an owner or developer must
design, permit and implement methods to
insure that erosion of soil and contamination
Background
To understand these regulations, it is helpful
to step back and look at the genesis of the
regulations and how they evolved to the
current form.
Pennsylvania Erosion and Sedimentation
Controls (E&S)
of Pennsylvania’s waterways does not occur.
The design must show protection measures
called Best Management Practices (BMP’s)
that are put in place before any work begins.
National Pollutant Discharge Elimination
System (NPDES)
In 1990, the US Environmental Protection
Agency (EPA) created federal NPDES
regulations for stormwater discharges
under the Clean Water Act. Implemented
in Pennsylvania in 1992, these regulations
established the federal Phase I NPDES
stormwater discharge program which
required a permit for projects disturbing
five or more acres of land. The regulations
under Pennsylvania Code Title 25 that
govern the NPDES regulations are as
follows: Chapter 92a- Use of Individual
and General NPDES Permits, Chapter 93Water Quality Standards, Chapter 102 Erosion and Sediment Control Plans and
(Continued on page 3)
NEW LISTING
In This Issue
1,3,5
Featured Article
1-2, 4-7 Featured Listings
7
Seeking Authors
8
Recent Deals
717.761.5070 ext. 120
www.BillGladstone.com
[email protected]
pCOMMERCIAL SALE – 322 S. Front Street, Wormleysburg
8,000 SF beautiful historic school house turned successful furrier business is now available for
sale. Real estate only. Potential user/investor opportunity available. Property has four apartment
rentals (2nd floor) and can be subdivided into space for up to three businesses on the first floor.
Average daily traffic count on South Front Street is 12,475 both ways.
www.naicir.com
I N DU S T R I A L L I S TIN GS
pLEASE - 2404 Gettysburg Road, Camp Hill
52,000 SF clean, functional warehouse space for distribution or
manufacturing. Located within 1 mile of Route 11 & 15 and Route 581,
providing quick and easy access to I-76, I-83 and I-81.
pLEASE - 4700-4750 Westport Drive, Mechanicsburg
Join Dal-Tile, Simplex Grinnell, Capital Tristate, Fastenal and more in
this premier business park totaling 130,000 SF of Class A flex space.
Conveniently located at US Route 15 interchange with quick access
to all major PA highways. Landlord has implemented energy efficiency
programs to benefit tenants, eliminate energy waste and generate
renewable energy. Spaces available from 2,950 to 31,515 SF.
pSALE/LEASE – 101 S. 17th Street, Harrisburg
20,611± SF available in this functional, clean, inexpensive warehouse
space just off I-83. 4 docks and 1 drive-in available. Fully fenced lot.
Zoning allows for virtually any warehousing and/or manufacturing use.
pSALE - 700 Angenese Street, Harrisburg
29,280 SF functional warehouse property for sale. Located along the
Sixth Street industrial corridor with quick access to I-81.
I N V E S T M E N T L I S TIN GS
pSALE - 1889 Old State Road, Dauphin
8 Units plus two-story home and land for development. Includes 10
acres of land (half residential). Located in Middle Paxton Township,
close to Clarks Ferry Bridge (Route 322). Great opportunity to live in
the home and operate the motel. The concept for low daily rates from
per diem business people works very well here. Price reduced!
pSALE - 145 Old Route 22, Jonestown
Jonestown KOA Kampground
Turn-key owner/operator investment: Jonestown KOA Kampground
for sale. The site is a pleasant setting among rolling fields, low
commercial volume and sparse residential developments. The location
is easily accessible, located just two miles from I-81/I-78. Includes a
25-acre site with 4,500 SF available.
CIR
2
Information concerning these offerings comes from sources deemed reliable, but no warranty is made as to the accuracy thereof, and they are submitted subject to errors, omissions, change of price
or other conditions, prior sale or lease, or withdrawal without notice. All sizes approximate. NAI CIR, 1015 Mumma Road, Wormleysburg, PA 17043 PA License #RB024320A
Commercial Real Estate Services, Worldwide.
717.761.5070 l www.naicir.com
Preparing for the Storm: Understanding Pennsylvania’s Stormwater Regulations on Land Development
Post-Construction Stormwater Management
(PCSM) Plans for Earth Disturbance
Activities.
Review and oversight of the E&S and NPDES
permits were delegated to Pennsylvania
County Conservation Districts (CCD) by the
Pennsylvania Department of Environmental
Protection (PADEP). There are two types
of NPDES permits, General and Individual.
For General NPDES permits, CCD’s process
and authorize the permit coverage, conduct
site inspections, respond to complaints, and
conduct enforcement actions. If a project
is located in a watershed designated as
Value. The documents consist of a plan
and narrative conforming to Chapter
102 requirements. While not required to
be submitted to the CCD for review, both
PADEP and CCD can request the plans and
supporting documents during construction.
For the development community this now
means that small projects such as a building
expansion now require an E&S plan and
narrative to be prepared by an E&S design
professional.
• The requirements state that existing and
proposed riparian forest buffers must be
identified on the E&S plan if the project
"If a project is located in a watershed designated as
Exceptional Value and/or High Quality, an Individual
NPDES permit is required."
Exceptional Value and/or High Quality, an
Individual NPDES permit is required. In that
case, the E&S permit is reviewed by the
CCD and the NPDES permit is reviewed by
PADEP.
The CCD staff review E&S and General
NPDES permit applications, plans and
calculations prepared by a certified plan
preparer who is typically a licensed civil
engineer or landscape architect. Review
by the CCD is performed in two steps;
an administrative completeness review
and a technical review. When both are
complete, a letter and permit is issued to the
owner/developer, stating that the plans and
calculations conform to the PADEP Erosion
and Sediment Pollution Control Program
Manual requirements and that construction
activities can commence.
Changes in the 2010 Erosion and Sediment
Control/National
Pollution
Discharge
Elimination System Permit Requirements
Below, the primary changes to the regulations
as well as the impact to time and cost are
identified and summarized.
Erosion and Sediment Control Requirements
• An E&S plan is now required when earth
disturbance is more than 5,000 square feet
and/or may discharge into a watershed
classified as High Quality or Exceptional
site is located in a High Quality/Exceptional
value watershed. A riparian forest buffer is
defined as an area of permanent vegetation
consisting of native trees, shrubs, and
plants along surface waters that protect
water quality and stabilize stream channels.
This requirement will necessitate additional
topographic and tree surveys to identify
and locate the extent of the existing riparian
forest buffers. A further explanation of
riparian buffer requirements is found below.
National Pollutant Discharge Elimination
System Permit
• The new regulations incorporate the EPA
NPDES Phase II regulations requiring a
NPDES permit for stormwater discharge,
from the former requirement of needing
a permit for earth disturbance between
1-5 acres with a point source discharge
(concentrated discharge into a stormwater
structure), to requiring a NPDES permit for
any type of stormwater discharge associated
with an earth disturbance of 1 acre or more. If
the project drains to a watershed designated
as High Quality or Exceptional Value, an
Individual NPDES permit will be required.
This means that smaller projects with as
little as 1 acre of disturbance and sheet flow
discharge will require a full NPDES permit
and the associated time for design and
approval.
(Continued from page 1)
Permit Fees
• General permits fee changed to $500
administrative filing fee plus $100 for each
disturbed acre of land.
• Individual permits fee changed to $1,500
administrative filing fee plus $100 for each
disturbed acre of land.
• In addition, CCD’s may charge additional
fees for review and permit.
Prior to construction, a preconstruction
meeting with the licensed design professional
who designed the E&S and the PCSM plan,
CCD representative, and the contractor is
required. The developer/owner must now
hire the licensed design professional to
attend meetings and provide construction
administration.
Post Construction Stormwater Management
Plan:
• A separate PCSM plan and narrative must
be created as part of the permit application.
The E&S plans and PCSM plan shall be
complementary but separate. This requires
the owner/developer’s consultant to spend
additional time creating separate plans that
are submitted to the CCD or the PADEP for
review and approval.
• The licensed design professional must
have oversight of the critical stages of
the stormwater management system
construction and must certify that the
stormwater management system was
constructed as shown on the plans. The
owner/developer will need to hire the
licensed design professional to perform site
observations and work with the contractor
to insure the system is installed as designed.
• The property owner must record an
instrument with the recorder of deeds which
will assure disclosure of the PCSM plans and
the related obligations in the ordinary course
of a title search of the subject property.
The recorded instrument must identify
the PCSM design, provide for necessary
access related to long-term operation and
maintenance for PCSM BMPs and provide
notice that the responsibility for long-term
operation and maintenance of the PCSM
BMPs is a covenant that runs with the land
that is binding upon and enforceable by
subsequent grantees, and provide proof
of filing when terminating the permit upon
(Continued on page 5)
View Available Properties At www.billgladstone.com
3
C O M M E R C I A L L I STIN GS
Rendering
pLEASE - 100 2nd Street, Enola
1,088 SF turn-key pizza shop directly off Route 11/15 in Enola. Space
is updated and fully operational. Use of equipment is permitted. 10
parking spaces on-site.
pLEASE - 1727 N. 2nd Street, Harrisburg
1,500 SF available in this midtown section of Harrisburg. It sits at
a signalized corner in a densely populated residential area. Classic
Drycleaners is in the building. Owner will assist in renovating to suit
tenant's needs.
pLEASE - 5660-5670 Lancaster Street, Harrisburg
pLEASE - 225 Market Street, Harrisburg
Suites 2 and 3 being 2,267 SF and 1,192 SF are available in the heart
of metropolitan Harrisburg. They are located along S. Third Street
across from the Whitaker Center for the Arts and Strawberry Square,
a one million SF mixed-use complex. Harrisburg University and
Messiah College are within 1 block. Retailers can capitalize on nearby
student housing and daily work-force foot traffic.
5,220 SF available. Lower level space in a three-story building is used
for dormitories to Kaplan Career Institute. The space is self contained
with its own exclusive entrance.
pSALE - 701-721 N. Front Street, Steelton
pLEASE - 415 Market Street, Harrisburg
7,395 SF available on the 1st floor in the Harrisburg Transportation
Center. Reserved parking below deck at lower level and metered
spaces in front of building.
4
6,380 SF church and assembly hall available for sale. 3,600 SF twostory assembly hall and 2,780 SF single-story church building. Easily
accessible and move in condition. Can host a congregation up to
approximately 250 people.
CIR
Commercial Real Estate Services, Worldwide.
Information concerning these offerings comes from sources deemed reliable, but no warranty is made as to the accuracy thereof, and they are submitted subject to errors, omissions, change of price
or other conditions, prior sale or lease, or withdrawal without notice. All sizes approximate. NAI CIR, 1015 Mumma Road, Wormleysburg, PA 17043 PA License #RB024320A 717.761.5070 l www.naicir.com
Preparing for the Storm: Understanding Pennsylvania’s Stormwater Regulations on Land Development
completion of the project. This means the
owner/developer should hire an attorney,
create the appropriate documents, and file
at the County Courthouse. This also means
that the instrument will be an encumbrance
on the land when offered for sale.
Riparian Buffer Requirements
• If the project site is located in an
Exceptional Value or High Quality watershed
and requires an E&S and/or NPDES permit,
earth disturbance activities may not
occur within 150 feet of a perennial or
intermittent river, stream, or creek, or lake,
pond or reservoir. This means that the land
immediately adjacent to these water bodies
must be protected and cannot be utilized
for development. This has the potential
to reduce the amount of land that can be
developed for a project.
• If the project site is located in an
Exceptional Value or High Quality watershed
where the water is identified as impaired
on Pennsylvania’s Integrated Water Quality
Monitoring and Assessment Report, a
riparian forest buffer plan must be prepared
and submitted as part of the PCSM plan
to PADEP for review and approval. This
requirement will require the owner/developer
to engage a licensed landscape architect
to prepare a plan consisting of an existing
conditions plan, planting plan, maintenance
schedule and inspection schedule. The plan
will be reviewed and approved by PADEP.
The required planting and maintenance will
increase design, construction and long-term
maintenance costs.
The above summary touches on the main
points of the Chapter 102 regulations and their
impact on the land development community.
As with most government initiatives, the
complete regulations are complex and
require additional knowledge to fully evaluate
how they may impact a project site. When
selecting land for development, it is essential
to take the time to analyze and understand
the existing watershed designation,
possible stormwater management solutions,
involvement of the design professional
in construction administration and legal
requirements associated with the operation
of stormwater facilities. Knowing these
regulations will help owners, developers and
other members of the land development
community understand project viability in
terms of time, process and money.
(Continued from page 3)
About the Author:
Mark W. Heeb, ASLA is
a Principal and Senior
Project Manager with BL
Companies, a full service
architecture/engineering
firm. Mark is a registered
landscape architect licensed in Maryland and
Pennsylvania with 25 years of experience
in land development and entitlement for
commercial projects.
BL Companies is an employee-owned
firm, delivering high-quality, integrated
architecture, engineering and related
services to public and private clients for
land development, building design, and
infrastructure projects. Founded in 1986,
BL Companies is dedicated to total client
satisfaction. Historically listed in the Top 500
Design Firms in the country by Engineering
News Record, BL Companies has 11
offices, including the Camp Hill office in
Pennsylvania.
O F F I C E L I S TIN GS
pLEASE - 2101 N. Front Street, Building 1, Harrisburg,
Governor's Plaza North
Attractive office suites available on North Front Street in Harrisburg.
Priced aggressively and with free on-site parking. Building 1 has
suites ranging from 2,397 to 4,023 SF. Enjoy beautiful views of the
Susquehanna Riverfront. Quick access to I-83, I-81 and the West
Shore.
5
pLEASE - 2101 N. Front Street, Building 4, Harrisburg,
Governor's Plaza North
Attractive office suites available on North Front Street in Harrisburg.
Priced aggressively and with free on-site parking. Building 4 has
suites ranging from 2,447 to 4,767 SF. Enjoy beautiful views of the
Susquehanna Riverfront. Quick access to I-83, I-81 and the West
Shore.
O F F I C E L I S TIN GS
pSUB-LEASE - 2213 Forest Hills Drive, Suite 138, Harrisburg
4,000 SF sublease opportunity offers great value for office user in
beautifully landscaped park setting. Approximately 4 parking spaces
per 1,000 SF.
pSALE - 1707 S. Cameron Street, Harrisburg
17,396 SF property with 6,500 SF office and an adjoining warehouse
and two additional storage garages on-site. The office space and
storage garages will be vacated by the current occupant; the main
warehouse is leased by a strong credit tenant until September 30,
2015.
pSALE - 130 Locust Street, Harrisburg
pLEASE - 225 Market Street, Harrisburg
7,500 SF available in strong CBD location. Steps to restaurant row
and parking garages, good on-street parking nearby and convenient
to both Riverfront Park and Capitol Complex.
12,448 SF available office space for lease at a competitive rate,
including a full build-out allowance for qualified tenants. This 70,000
SF mixed use building is located at the corner of Market and S. Third
Streets across from the Whitaker Center for the Arts and Strawberry
Square.
pSALE - 1822 Market Street, Camp Hill
1,440 SF very functional, small office building in the heart of Camp Hill
for sale. It can accommodate a variety of commercial and office users.
Parking available on paved area with parking for 6 vehicles, plus drivethru carport area. Business ID Sign located in front for your business.
pLEASE - 485 St. John's Church Road, Shiremanstown Quaker Office Suites
6,114 SF available in this efficient, conveniently located office space
at an unbeatable price. Spaces available from individual offices to
3,300 SF suites. Abundant on-site parking at no cost.
CIR
6
Information concerning these offerings comes from sources deemed reliable, but no warranty is made as to the accuracy thereof, and they are submitted subject to errors, omissions, change of
price or other conditions, prior sale or lease, or withdrawal without notice. All sizes approximate. NAI CIR, 1015 Mumma Road, Wormleysburg, PA 17043 PA License #RB024320A
Commercial Real Estate Services, Worldwide.
717.761.5070 l www.naicir.com
Seeking Authors in 2013 For Industry Articles
Get the added recognition you deserve by sharing your
expertise in one of the Bill Gladstone Group of NAI CIR
publications! This includes our monthly Newsletter, quarterly
Magazine and quarterly Market Update Tri-fold. We are
looking for a mix of industry related topics that our 3,600+
subscribers will find informative. Topics can include finance,
development, architecture, technology, wellness, and much
more.
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L A N D L I S TIN GS
LOCATION
ACRES
ZONING
TYPE
Pending - 5140 Jonestown Road & 4 Carolyn Street, Harrisburg, Dauphin County
1.23
Commercial General
Sale
260 N. Hershey Road, Harrisburg, Dauphin County
1.57
Commercial Highway District
Sale
Pending - Milroy & Grayson Roads, Lot 16, Hummelstown, Dauphin County
1.92
Manufacturing District
Sale
Wildwood Park Drive, Harrisburg, Dauphin County
2±
Commercial (good restaurant site)
Sale
East Cumberland Street (Route 422), Lebanon, Lebanon County
2.2
Commercial
Sale
Route 15, Dillsburg, York County
2.29
Mixed Use Center District
Sale
856 Century Drive, Mechanicsburg, Cumberland County
2.78
General Commercial District
Sale
Adams Drive, Lot 13, Hummelstown, Dauphin County
2.79
Manufacturing District - Limited
Sale
Route 114 & Gettysburg Pike (NEC), Mechanicsburg, Cumberland County
2.97
Highway Commercial District
Sale
Union Deposit Rd. & Antonio Dr., Lots #2-8 Harrisburg, Dauphin County
3.28
(R-1) Residential-Low Density
Sale
430 Station Road, Grantville, Dauphin County
5.06
Rural Agriculture
Sale
Good Hope Road Unit #3, Enola, Cumberland County
5.25
Office
Sale
Lena Drive, Lot 15, Mechanicsburg, Cumberland County
6.92
Planned Business Center District
Sale
Route 114 & Gettysburg Pike (NWC), Mechanicsburg, Cumberland County
7.12
Highway Commercial District
Sale
Samuels Drive, Carlisle, Cumberland County
7.47
High Density Residential & Village District
Sale
Route 22 & Route 39, Harrisburg, Dauphin County
7.7 (6 lots)
Commercial Highway/Office
Sale
Pending - 2300 Linglestown Road, Lot #1B, Harrisburg, Dauphin County
9.37
Commercial Highway District
Sale
Eisenhower Blvd., Harrisburg, Dauphin County
10±
General Commercial
Sale
Pending - 7700 Derry Street, Harrisburg, Dauphin County
11.47 (6 lots)
Commercial
Sale
Carlisle Pike (Route 11) Waterford Square, Mechanicsburg, Cumberland County
16.31 (13 lots)
Commercial
Sale
Pending - 100 N. Hershey Road, Harrisburg, Dauphin County
34±
Neighborhood Commercial
Sale
Pending - Milroy & Grayson Roads, Lot 17, Hummelstown, Dauphin County
1.72
Manufacturing District
Sale/Lease
6325 Chelton Avenue, Harrisburg, Dauphin County
3.75
Business Campus
Sale/Lease
4600 Carlisle Pike, Mechanicsburg, Cumberland County
1.15
Commercial Limited
Lease
Stoverdale Road & Middletown Road, Hummelstown, Dauphin County
2.32
Neighborhood Commercial
Lease
CIR
Commercial Real Estate Services, Worldwide.
717.761.5070 l www.naicir.com
Information concerning these offerings comes from sources deemed reliable, but no warranty is made as to the accuracy thereof, and they are submitted subject to errors, omissions, change of
price or other conditions, prior sale or lease, or withdrawal without notice. All sizes approximate. NAI CIR, 1015 Mumma Road, Wormleysburg, PA 17043 PA License #RB024320A
7
p LEASED
p SOLD
8 Tristan Road, Dillsburg
3601 N. Progress Avenue, Harrisburg &
5301 Jonestown Road, Harrisburg
This 1,130 square foot suite was the last
of three in this condominium complex
owned by SLE Realty Partners, LP.
The new lessee, a law practice, will be
occupying the space by March 2013.
The transaction was handled by the Bill
Gladstone Group of NAI CIR.
JP Property Venture, LLC has purchased
14,784 square feet of office space at 3601
N. Progress Avenue in Susquehanna
Township and 7,531 square feet of office
space at 5301 Jonestown Road in Lower
Paxton Township. Jason Sourbeer of
NAI CIR and the Bill Gladstone Group of
NAI CIR handled both transactions.
How can the Bill Gladstone
Group of NAI CIR help with
your next real estate
transaction?
www.billgladstone.com
717-761-5070
NAI CIR
PO Box 8910
Camp Hill, PA 17001-8910
PHONE:717.761.5070
www.naicir.com
www.BillGladstone.com
BILL GLADSTONE, CCIM, SIOR
PRESORTED STANDARD
U.S. POSTAGE PAID
Harrisburg, PA
Permit No. 783