Township of White, PA
Indiana County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of White 12-18-2002 by Ord. No. 982. Amendments noted where applicable.]
GENERAL REFERENCES
Assessment permits — See Ch. 92.
Construction — See Ch. 120.
Floodplain management — See Ch. 149.
Sewers and sewage disposal — See Ch. 235.
Subdivision and land development — See Ch. 275.
Water — See Ch. 311.

§ 263-1 Purpose.

This chapter is adopted and implemented to achieve the following general purposes and objectives:
A. 
To manage and control stormwater runoff resulting from land alteration and disturbance activities pursuant to the Pennsylvania Storm Water Management Act (Act 167 of 1978, as amended).[1]
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
B. 
To utilize and preserve the desirable existing natural drainage systems and to preserve the flood-carrying capacity of the streams.
C. 
To encourage natural infiltration of rainfall to preserve groundwater supplies and stream flows.
D. 
To provide for adequate design, construction and maintenance of all permanent stormwater structures, facilities and systems and all conveyance systems in the Township.

§ 263-2 Applicability.

A. 
It shall be unlawful for any person or firm to develop or improve any property within White Township for land development, as regulated by Chapter 275, Subdivision and Land Development, of the Code of the Township of White, without first receiving approval of a stormwater management plan from the White Township Planning Commission. No building permit shall be issued for a land development that has not received said stormwater management plan approval.
B. 
Small developments, as defined herein, shall be exempt from the requirements to submit a stormwater management plan, except that an exemption shall not relieve the developer from the responsibility of providing adequate stormwater controls to meet the spirit and intent of this chapter. Regardless of size, all land developments shall provide adequate on-site stormwater controls to protect neighboring properties from harm, as determined by White Township. Violations of this section shall result in the loss of their exempt status, and the violator shall then be required to submit a stormwater management plan for consideration and to install an approved stormwater management system in accordance with the provisions of this chapter.
C. 
White Township may revoke the building permit for any land development where the developer violates the terms and conditions of this chapter or of an approved stormwater management plan.

§ 263-3 Liability disclaimer.

A. 
Neither the granting of any approval under the stormwater management provisions of this chapter nor the compliance with the provisions of this chapter or with any condition imposed by a municipal official hereunder shall relieve the developer, his agents, servants or employees, their heirs, successors or assigns from any responsibility for damage to persons or property resulting there from, or as otherwise imposed by law, nor impose any liability upon the municipality for damages to persons or property.
B. 
The granting of a permit which includes any stormwater management facilities shall not constitute a representation, guaranty or warranty of any kind by the Township, or by an official or employee thereof, of the practicability or safety of any structure, use or other plan proposed and shall create no liability upon or cause of action against such public body, official or employee for any damage that may result pursuant thereto.

§ 263-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ACT
The Storm Water Management Act (Act of October 4, 1978, P.L. 864, No. 167; 32 P.S. §§ 680.1 through 680.17, as amended by Act of May 24, 1984, No. 63).
ALLOWABLE DISCHARGE RATE
The predevelopment peak rate of runoff that is discharged from an outfall on the site after development. It applies uniformly to all land development or alterations within the project area.
APPLICANT
A landowner or developer who has filed an application for development, including his/her heirs, successors and assigns.
CHANNEL
A perceptible natural or artificial waterway which periodically or continuously contains moving water or which forms a connecting link between two bodies of water. It has a definite bed and banks which confine water.
CONSERVATION DISTRICT
The Indiana County Conservation District.
CULVERT
A conduit for the free passage of surface drainage under a highway, railroad, canal or other embankment.
DEP
Pennsylvania Department of Environmental Protection.
A. 
Engineering guidelines specifying construction details and materials.
B. 
Objectives, results or limits which must be met by a facility, structure or process in performance of its intended functions.
DESIGN STORM
See "storm frequency."
DETENTION
The slowing, dampening or attenuating of runoff flows entering the natural drainage pattern or storm drainage system by temporarily holding water on a surface area in a detention basin or within the drainage system.
DETENTION FACILITY
Any pond, reservoir or basin, or any combination of underground pipes or tanks constructed to impound or temporarily retard surface runoff.
DEVELOPER
The person, persons or any corporation, partnership, association or other entity or any responsible person therein or agent therefore that undertakes the activities associated with changes in land cover or contour. The term "developer" is intended to include but not necessarily be limited to the term "subdivider," "owner" and "builder" even though the individuals involved in successive stages of a project may vary.
DEVELOPMENT
Any activity, construction, alteration, change in land cover or contour, or any practice that affects stormwater runoff characteristics.
DISCHARGE
In general, the removal of surface water from a given area; commonly applied to surface water and groundwater.
DRAINAGE
The flow or rate of flow from a canal, conduit, channel or other hydraulic structure.
A. 
The area of a drainage basin or watershed, expressed in acres, square miles or other unit of area; also called "catchment area" or "watershed."
B. 
The area served by a storm sewer system receiving stormwater and surface water or by a watercourse.
EMERGENCY SPILLWAY
A device that will safely convey the runoff from a storm with a one-hundred-year frequency or larger, through, over or around the detention/retention facility.
ENCROACHMENT
Any structure or activity which in any manner changes, expands or diminishes the course, current or cross section of any watercourse, floodway or body of water.
ENGINEER
See "Municipal Engineer."
EROSION
Wearing away of the lands by running water, winds and waves.
EROSION CONTROL
The application of measures to reduce erosion of land surfaces.
GROUND COVER
Materials covering the ground surface.
GROUNDWATER
Subsurface water occupying the saturation zone, from which wells and springs are fed.
GROUNDWATER RECHARGE
Replenishment of groundwater naturally by precipitation or runoff or artificially by spreading or injection.
IMPERVIOUS
Not allowing or allowing only with great difficulty the movement of water; impermeable.
A. 
The flow or movement of water through the interstices or pores of a soil or other porous medium.
B. 
The absorption of liquid by the soil.
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 or for the purpose of streets, common areas, leaseholds condominiums, building groups or other features.
B. 
A subdivision of land.
LAND DISTURBANCE
Any activity involving the changing, grading, transportation, fill and any other activity which causes land to be exposed to the danger of erosion.
MAINTENANCE
The upkeep necessary for efficient operation of physical properties.
MUNICIPAL ENGINEER
A registered engineer or engineering firm employed by White Township to assist in administering this chapter.
MUNICIPALITY
Township of White, Indiana County.
A. 
The point, location or structure where drainage discharges from a sewer, drain or other conduit.
B. 
The conduit leading to the ultimate discharge point.
OUTLET CONTROL STRUCTURE
The means of controlling the relationship between the headwater elevation and the discharge, placed at the outlet or downstream end of any structure through which water may flow.
PEAK DISCHARGE
The maximum rate of flow of water at a given point and time resulting from a specified storm event.
PEAK FLOW
Maximum flow.
PENNSYLVANIA DEP
Pennsylvania Department of Environmental Protection.
PERFORMANCE STANDARD
A standard which establishes an end result or outcome which is to be achieved but does not prescribe specific means for achieving it.
RETENTION FACILITY
A basin or pond, usually enclosed by artificial dikes, that retains a permanent pool of water and is used to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate.
RETURN PERIOD
The average interval in years over which an event of a given magnitude can be expected to recur.
RUNOFF
That part of precipitation which flows over the land.
RUNOFF CHARACTERISTICS
The surface components of any watershed which affect the rate, amount and direction of stormwater runoff. These may include but not be limited to vegetation, soils, slopes and man-made landscape alterations.
SCS
United States Department of Agriculture Soil Conservation Service.
SEDIMENT
Mineral or organic solid material that is being transported or has been moved from its original site by air, water or ice and has come to rest.
SEDIMENTATION
The process by which mineral or organic matter is accumulated or deposited by moving water, wind or gravity.
A. 
A subdivision of land involving not more than three lots for single-family residential development;
B. 
Any development which results (or will result when fully constructed) in creating a total of 5,000 or fewer square feet of impervious area.
STORAGE FACILITY
See "detention facility" and/or "retention facility."
STORM FREQUENCY
The average interval in years over which a storm event of a given precipitation volume can be expected to occur.
STORM SEWER
A sewer that carries intercepted surface runoff, street water and other drainage but excludes domestic sewage and industrial waste.
STORMWATER
That portion of precipitation which runs over the land.
STORMWATER COLLECTION/CONVEYANCE SYSTEM
Natural or man-made structures that collect and transport stormwater through or from a drainage area to the point of final outlet, including, but not limited to, any of the following: conduits and appurtenant features, canals, channels, ditches, streams, culverts, and streets.
STORMWATER MANAGEMENT PLAN
The plan for managing stormwater runoff adopted by White Township.
STORMWATER MANAGEMENT SYSTEM
All of the facilities, to include, but not limited to, the outlet structure, storage basins, collection/conveyance systems, swales, etc., that make up the entire stormwater system as depicted on the stormwater management plan intended to control the rate of runoff from a development site.
SUBBASIN
A specific area contributing runoff to a predefined point.
SWALE
A low-lying stretch of land which gathers or carries surface water runoff.
TOWNSHIP
Township of White, Indiana County.
WATERCOURSE
Any channel for conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WATERSHED
The entire region or area drained by a river or other body of water whether natural or artificial. A "designated watershed" is an area delineated by the Pennsylvania DEP and approved by the Environmental Quality Board for which counties are required to develop watershed stormwater management plans.

§ 263-5 Performance standards.

A. 
General standards.
(1) 
The following provisions shall be considered the overriding performance standards against which all proposed stormwater control measures shall be evaluated and shall apply throughout White Township:
(a) 
Any landowner and any person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall implement such measures as are reasonably necessary to prevent injury to health, safety or other property. Such measures shall include such actions as are required:
[1] 
To assure that the maximum rate of stormwater runoff is no greater after development than prior to development activities; and
[2] 
To manage the quantity, velocity and direction of resulting stormwater runoff in a manner which otherwise adequately protects health and property from possible injury.
(2) 
The stormwater management plan for the development site must consider all the stormwater runoff flowing over the site.
(3) 
No discharge of toxic materials (i.e., materials that would be in violation of the Pennsylvania Clean Streams Law) shall be permitted into any stormwater management system.
B. 
Watershed standards.
(1) 
Storm frequencies. Stormwater management facilities on all development sites shall control the peak stormwater discharge for the two-, ten-, twenty-five- and one-hundred-year storm frequencies. The SCS twenty-four-hour, Type II Rainfall Distribution shall be used for analyzing stormwater runoff for both predevelopment and postdevelopment conditions. The twenty-four-hour total rainfalls for these storm frequencies in the watershed are:
Storm Frequency
Rainfall Depth
(inches)
2-year
2.71
10-year
3.95
25-year
4.60
100-year
5.40
(2) 
Calculation methods:
(a) 
Development sites. For purpose of computing peak flow rates and runoff hydrographs from development sites, calculations shall be performed using one of the following: SCS publications, Technical Release (TR) 55 or 20, HEC 1, or Pennsylvania State Runoff Model, or other method approved by the Municipal Engineer. For sites less than 25 acres, the rational method will be used as approved by the Engineer. The intensity for the rational formula will be the rainfall depths listed above. All final flow numbers developed by the hydrology methods above will be rounded to the nearest whole number.
(b) 
Stormwater collection/conveyance facilities. For the purposes of designing storm sewers, open swales and other stormwater runoff collection and conveyance facilities, any of the above-listed calculations methods or the rational method may be used. Rainfall intensities for design should be obtained from the Pennsylvania Department of Transportation Intensity-Duration-Frequency (I-D-F) Charts.
(c) 
Predevelopment conditions. Predevelopment conditions shall be assumed to be those which exist on any site at the time of adoption of this chapter. Hydrologic conditions for all areas with pervious cover (i.e., fields, woods, lawn areas, pastures, cropland, etc.) shall be assumed to be in good condition, and the lowest recommended SCS runoff curve number (CN) shall be applied for all pervious land uses within the respective range for each land use and hydrologic soil group.
(d) 
Routing method. Routing of hydrographs through the detention/retention facilities for the purpose of designing those facilities shall be accomplished using the Modified-Puls Method or recognized reservoir routing method subject to the approval of the Municipal Engineer.
(3) 
Discharge rate requirements:
(a) 
Compute the predeveloplment and postdevelopment runoff hydrographs for each stormwater outfall on the development site using an acceptable calculation method for the two-, ten-, twenty-five- and one-hundred-year storms. Apply no on-site detention for stormwater management, but include any techniques to minimize impervious surfaces and/or increases the time of concentration for stormwater flowing from the development site. If the postdevelopment peak runoff rate and volume are less than or equal to the predevelopment peak runoff rate and volume, then additional stormwater control shall not be required at that outfall. If the postdevelopment peak runoff rate and volume are greater than the predevelopment peak runoff rate and volume, then stormwater detention will be required, and the capacity of the detention facility must be calculated in the manner prescribed below. If the adjusted release rate is less than one cubic feet per second, then no detention will be required for the associated storm event. The smallest allowable release rate will be one cubic feet per second.
(b) 
Design the outlet control facility and size the volume of the detention facility using the calculated postdevelopment hydrograph and accepted hydrograph routing procedures in consideration of the maximum allowable discharge rate.

§ 263-6 Design criteria.

A. 
General criteria.
(1) 
Applicants may select runoff control techniques (i.e., detention basis; retention basis; roof top; parking lot; underground tanks, etc.), or a combination of techniques, which are most suitable to control stormwater runoff from the development site. All controls must be subject to approval of the Municipal Engineer. The Municipal Engineer may request specific information on design and/or operating features of the proposed stormwater controls in order to determine their suitability and adequacy of the standards of this chapter.
(2) 
The stormwater collection system must be designed to carry all storm flows generated by storm events up to and including the ten-year storm event. For storm events greater than the ten-year storm, the maximum capacity of the collection system must be analyzed. All stormwater that cannot be carried by the collection system must be analyzed as overland flow. The overland flows should, as much as possible, be directed to the stormwater detention facilities. All flows generated by storms greater than the ten-year flows must be analyzed to insure that proper detention is attained.
(3) 
The applicant should consider the effects of the proposed stormwater management techniques on any special soil conditions or geological hazards which may exist on the development site. In the event that such conditions are identified on the site, the Municipal Engineer may require in-depth studies by a competent geotechnical engineer. Not all stormwater control methods may be advisable or allowable at a particular development site.
(4) 
The stormwater management practices to be used in developing a stormwater management plan for a particular site shall be selected according to the following order of preference:
(a) 
Infiltration of runoff on site.
(b) 
Flow attenuation by use of open vegetated swales and natural depressions.
(c) 
Stormwater detention/retention structures.
(5) 
Infiltration practices shall be used to the extent practicable to reduce volume increases and promote groundwater recharge. A combination of successive practices may be used to achieve the applicable minimum control requirements.
B. 
Criteria for postcollection infiltration systems. Where postcollection infiltration systems are proposed, the following criteria shall apply:
[Amended 5-11-2005 by Ord. No. 1004]
(1) 
Infiltration systems shall be sized and designed based upon local soil and groundwater conditions, and shall meet all criteria listed in this chapter. The design of an infiltration system must be accompanied by a soils percolation test performed by a professional engineer, professional geologist or certified soil scientist. This test must demonstrate that the soils have the capability to infiltrate the proposed stormwater runoff.
(2) 
The use of infiltration systems shall be limited to single family lots one acre or larger in size.
(3) 
Infiltration systems shall be greater than three feet deep and shall be located down slope from any existing or proposed dwelling, at least 10 feet from basement walls and at least 10 feet from any property lines. Once an area of the property is identified as suitable for infiltration, this area shall be clearly marked and shall not be disturbed during construction on the property. Any areas damaged by construction activities or equipment shall be rejected and a new infiltration site will need to be identified in accordance with the requirement of this section.
(4) 
Infiltration systems shall not be used to handle runoff from commercial or industrial working or parking areas due to potential contaminants. This prohibition does not extend to roof areas where it is demonstrated to be suitably protected from the effects of the commercial/industrial activities.
(5) 
Infiltration systems shall not receive runoff until the entire drainage area to the system has received final stabilization (i.e., no erosion is occurring from the area).
(6) 
The stormwater infiltration facility design shall provide an overflow system with measures to provide a nonerosive velocity of flow along its entire length and at the outfall. In all cases, the proposed infiltration system must have a corresponding conveyance system provided in the event that the infiltration system should become nonfunctioning. This conveyance system must have the ability to transport the proposed stormwater flows to an acceptable discharge point (existing stream, approved municipal/state stormwater collection system, etc.) Included with this conveyance system will be all required easements and rights-of-way to collect and deliver the necessary flows to an acceptable discharge point, said easements and rights-of-way to be recorded at the Indiana County Courthouse. Any nonfunctioning infiltration system shall be immediately repaired by the responsible party.
C. 
Criteria for stormwater detention/retention facilities.
(1) 
If detention/retention facilities are utilized for the development site, the facility(ies) shall be designed such that postdevelopment peak runoff rates from the developed site are controlled to those rates defined by the predevelopment discharge rate for the two-, ten-, twenty-five- and one-hundred-year storm frequencies.
(2) 
All detention/retention facilities shall be equipped with outlet structures to provide discharge control for the four designated storm frequencies. Provisions shall also be made to safely pass, at minimum, the postdevelopment one-hundred-year storm runoff without breaching or otherwise damaging (i.e., impairing the continued function of) the facilities.
(3) 
Shared-storage facilities, which provide detention/retention of runoff for more than one development site within a single watershed, may be considered. Such facilities shall meet the criteria contained in this section. In addition, runoff from the development sites involved shall be conveyed to the facility in a manner that avoids adverse impacts (such as flooding or erosion) to channels and properties located between the development site and the shared-storage facilities.
(4) 
Where detention/retention facilities will be utilized, multiple use facilities, such as wetlands, lakes, ball fields or similar recreation/open space uses, may be considered and are subject to the approval of the municipality and the Pennsylvania Department of Environmental Protection's Chapter 105 regulations.
(5) 
The following design criteria shall apply:
(a) 
Outlet design. The outlets for any detention facility must be capable of passing the one-hundred-year storm flows. All facilities must have an emergency spillway capable of handling the undetained one-hundred-year storm flows.
(b) 
Outlet control structure. The outlet control structure shall be constructed with reinforced concrete or other noncorrosive material. All outlet control structure openings larger than three square feet must be covered with an open grating to prevent unauthorized access.
(c) 
Outlet control structure base. The base of the outlet control structure must be firmly anchored to prevent floating. If the riser of the spillway is greater than 10 feet in height, buoyancy computations must be submitted to the Municipal Engineer for approval. A factor of safety of 1.5 will be applied to these computations.
(d) 
Freeboard. The minimum allowable freeboard between the top of the calculated high water mark in the emergency spillway and the top of the embankment shall be one foot.
(e) 
Emergency spillway. The emergency spillway shall consist of an open channel constructed adjacent to the embankment over undisturbed material (not fill). Other emergency overflow systems may be utilized with the concurrence of the Municipal Engineer. The minimum emergency spillway size shall be two feet in width and one foot in height.
(f) 
Underdrain. All detention facilities shall be designed and constructed with underdrain (minimum size four-inch diameter) to insure the proper draining of the facility.
(g) 
Fences. All detention facilities that do not meet the minimum slope criteria set forth in this chapter shall be fenced. All fences associated with a detention facility will fully encompass the facility and be a chain link type fence with a minimum height of six feet. All fence posts must be firmly anchored with concrete. The bottom of the fence must follow the ground contours.
(h) 
Access. All detention facilities must be accessible for inspection and maintenance purposes. If necessary in the judgment of the Township, an access road with a minimum width of 12 feet and a slope not to exceed 20% shall be provided to the bottom of the pond.
(i) 
Embankment. All embankments must be keyed into the original ground. A minimum of 25% of the interior slopes must not exceed a ratio of three-to-one horizontal to vertical dimensions. The remainder of the interior slopes must not exceed a ratio of two-to-one horizontal to vertical dimensions. The following top widths shall be used for all detention basin embankments:
Height of Embankment
(feet)
Top Width
(feet)
0 to 10
6
10 to 15
8
15 to 20*
10
20 and over*
15
NOTES:
* Embankments over 15 feet in height (measured from the upstream invert to the breast of the embankment) will require a permit from DEP.
(j) 
Discharge. Any discharge from a detention/retention facility or related infrastructure must be directed to and/or connected with an existing stream, recognized wet weather stream or underground storm drainage line. When the discharge from a detention/retention facility or related infrastructure is directed across or through other properties, the applicant will be required to obtain and record an easement or right-of-way for such purposes. No discharge that is greater than the existing stormwater runoff will be permitted through other property. Where the discharge is directed to an existing stormwater collection system owned by others, written approval to utilize such system shall be obtained from the stormwater collection system owner by the applicant. Such written approval shall include identification of who owns and who is responsible for the maintenance of the secondary stormwater system being utilized.
(6) 
Other considerations which should be incorporated into the design of the detention facilities include:
(a) 
Inflow and outflow structures shall be designed and installed to prevent erosion and bottoms of impoundment-type structures should be protected from any possible scour.
(b) 
Control and removal of debris in the storage structure and in all inlet or outlet devices shall be a design consideration.
(c) 
Inflow and outflow structures shall be designed to minimize safety hazards.
(d) 
Pump or pump stations shall not be used as part of a stormwater management system.
(e) 
Landscaping which harmonizes with the surrounding area shall be provided for detention/retention facilities. The developer will be responsible for planting an appropriate number of trees and plants on the excavated slopes and impoundment bottom. The type and species of vegetation to be planted must be of a type that is compatible with the soil and proposed environment. No planting of trees will be permitted on the embankment slopes. The embankment slopes will be planted with grass and ground cover. A landscaping plan shall be submitted with or incorporated into the stormwater management plan.
(f) 
Stormwater control facilities shall be located to facilitate maintenance, considering the frequency and type of equipment that will be required.
(7) 
Underground storage devices. Underground holding tanks and similar devices shall be permitted and shall comply with all standards of this chapter to include:
[Added 5-11-2005 by Ord. No. 1004]
(a) 
In all cases, the proposed underground system shall have a corresponding conveyance system that shall have the ability to transport the proposed stormwater flows to an acceptable discharge point (existing stream, approved municipal/state stormwater collection system, etc.) All required easements and rights-of-way to collect and deliver the necessary flows to an acceptable discharge point shall be included in this conveyance system and recorded at the Indiana County Courthouse.
(b) 
Underground tanks and similar devices shall be located down slope from any adjacent or proposed dwelling/structure, at least 10 feet from any basement walls, and at least 10 feet from any property line.
(c) 
Underground detention systems must be provided with adequate access and ventilation to allow for the required maintenance of the system.
(d) 
When the developer of a residential subdivision or land development proposes to utilize individual on-lot underground detention devices as part of the overall stormwater management plan, the development must include a homeowners association or an equivalent assignee to provide for the future maintenance of these individual on-lot devices.
D. 
Criteria for collection/conveyance facilities.
(1) 
All stormwater runoff collection or conveyance facilities, whether storm sewers or other open or closed channels, shall be designed in accordance with the following basic standards:
(a) 
All sites shall be graded to prevent any potential flooding damage.
(b) 
Where a building or building lots are to be located on the high side of a street, roof and foundation drains shall be extended to the street and these drains must be connected to the nearest storm sewer system provided in the street or public storm sewer right-of-way. Low-side buildings or building lots shall provide for extension of roof and foundation drains to a stormwater collection conveyance/control system or natural watercourse in accordance with this chapter. This requirement shall include new buildings in lot plans existing prior to the date of this chapter where access to public storm sewers is reasonably available as determined by the Township.
(c) 
Collection/conveyance facilities should not be installed parallel and close to the top or bottom of a major embankment to avoid the possibility of failing or causing the embankment to fail.
(d) 
All collection/conveyance facilities shall be designed to convey the ten-year storm peak flow rate from the contributing drainage area and to carry it to the nearest suitable outlet such as a stormwater control facility, storm sewer or natural watercourse.
(e) 
Where drainage swales or open channels are used, they shall be suitably lined to prevent erosion and designed to avoid excessive velocities.
(2) 
Storm sewer materials and installation technique shall be detailed in the stormwater management plan and approved by the Township. Metal pipe shall not be used in any portion of the stormwater collection system that will be owned and maintained by the Township.

§ 263-7 Erosion and sedimentation controls.

A. 
An erosion and sedimentation control plan shall be provided in accordance with the Pennsylvania Erosion/Sedimentation Regulations (25 Pa. Code Chapter 102) and the standards and guidelines of the Indiana County Conservation District.
B. 
For information purposes, a copy of the erosion and sedimentation control plan shall be submitted to the Township with the stormwater management plan.

§ 263-8 Ownership and maintenance of stormwater management systems.

A. 
Ownership and maintenance responsibilities.
(1) 
The stormwater management plan for the development site shall contain an operation and maintenance plan prepared by the developer and approved by the Municipal Engineer. The operation and maintenance plan shall outline required routine maintenance actions and schedules necessary to ensure proper operation of the stormwater management system.
(2) 
The stormwater management plan for the development site shall set forth a statement that the applicant agrees to provide perpetual maintenance and ownership of the stormwater control system and related property.
(3) 
The applicant shall retain ownership of and maintenance responsibility for the stormwater management system, except as provided below.
(4) 
The Township may elect to accept ownership and maintenance responsibilities for only those portions of the collection/conveyance system that will be located within Township-owned public road right-of-way and collection/conveyance system segments that connect the public road right-of-ways. A clear and concise description of the applicants intent in this regard shall be set forth in the stormwater management plan and illustrated on the plan drawings. Upon final inspection and approval of the completed stormwater management system, the applicant shall dedicate to the Township using forms approved by the Township all necessary rights-of-way. The Township, with recommendations from the Municipal Engineer, shall make a final determination on the Township's ownership and maintenance responsibilities when said dedication is offered to the Township. The Township reserves the right to accept or reject the ownership and maintenance responsibility and, if rejected, shall provide to the applicant a written statement setting forth the reasons for the rejection and setting forth a reasonable time period to correct any noted deficiencies. Upon correction of the deficiencies within the set time period, the applicant may again request dedication.
B. 
Maintenance agreement for privately owned stormwater facilities.
(1) 
Prior to final approval of the stormwater management plan, the applicant shall sign and record, in the Indiana County Recorder of Deeds office, a maintenance agreement covering all stormwater control facilities which are to be privately owned. The agreement shall stipulate that:
(a) 
The owner shall operate and maintain all facilities in accordance with the approved operation and maintenance schedule and shall keep all facilities in a safe and attractive manner.
(b) 
The owner shall convey to the municipality easements and/or rights-of-way to assure access for periodic inspections by the municipality and maintenance if required.
(c) 
The owner shall keep on file with the municipality the name, address and telephone number of the person or company responsible for maintenance activities; in the event of change, new information will be submitted to the municipality within 10 days of the change.
(d) 
If the owner fails to maintain the stormwater control facilities, the municipality is hereby authorized and directed to give notice by personal service or by United States mail, to the owner, by certified mail, to correct the problem(s) or to otherwise conform with the requirements of the operations and maintenance plan within 30 days after issuance of such notice.
(e) 
In case the applicant shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Township may have said maintenance performed, and the applicant shall reimburse the Township for all costs, including reasonable attorneys' fees, together with any additional payment authorized by law, and said fees may be collected by the Township from such owner in the manner provided by law for the collection of municipal claims or by an action of assumpsit, and the sum shall be legal and/or equitable lien or charge upon the subject land and facilities from the date of completion of said work.
(f) 
Other items may be included in the agreement where determined necessary to guarantee the satisfactory maintenance of all facilities.
(2) 
The maintenance agreement shall be subject to the review and approval of the Municipal Solicitor, Municipal Engineer, and the White Township Board of Supervisors or their designee.

§ 263-9 Stormwater management plan requirements.

A. 
General requirements. No final subdivision/land development plan shall be approved, no building permit authorizing construction issued, or no building construction begun until the final stormwater management plan for the development is approved in accordance with the provisions of this chapter.
B. 
Stormwater management plan contents.
(1) 
General format. The stormwater management plan shall be drawn to a scale of not less than one inch equals 200 feet. All sheets shall contain a title block with; name and address of the applicant and engineer, scale, North arrow, legend, adjoining property owners, location map, and date of preparation.
(2) 
Existing and proposed features. The plan shall show the following:
(a) 
Watershed location. The plan shall provide a key map showing the location of the development site within the watershed(s) and shall, on all site drawings, show the boundaries of the watershed(s) as they are located on the development site and identify watershed name(s).
(b) 
Floodplain boundaries. The plan shall identify one-hundred-year floodplains on the development site (as appropriate) based on the FEMA Flood Insurance Rate Maps.
(c) 
Natural features. The plan shall show all bodies of water (natural or artificial), watercourses (permanent and intermittent), swales, wetlands and other natural drainage courses on the development site or which will be affected by runoff from the development.
(d) 
Soils. The plan shall provide an overlay showing all soil types and boundaries within the development site (consult Indiana County Soil Survey).
(e) 
Contours. The plan shall show existing and final contours at intervals of two feet; in areas with slopes greater than 20%, ten-foot contour intervals may be used.
(f) 
Land cover. The plan shall show existing and final land cover classifications as necessary to support and illustrate the runoff calculations performed.
(g) 
Drainage area delineations. The plan shall show the boundaries of the drainage areas employed in the runoff calculations performed.
(h) 
Stormwater management controls. The plan shall show any existing stormwater management or drainage controls and/or structures, such as sanitary and storm sewers, swales, culverts, etc., which are located on the development site or which are located off site but will be affected by runoff from the development.
(i) 
All construction shall comply with Pennsylvania Department of Transportation Publication 408 Specifications, Township requirements, and acceptable engineering practices. All construction details and specifications shall be shown on the stormwater management plan.
(3) 
Professional certification. The stormwater management plan (including all calculations) must be prepared and sealed by a registered professional engineer, surveyor or landscape architect with training and expertise in hydrology and hydraulics. Documentation of qualifications shall be required by the municipality.
(4) 
Runoff calculations. Calculations for determining predevelopment and postdevelopment discharge rates and for designing proposed stormwater control facilities must be submitted with the stormwater management plan. All calculations shall be prepared using the methods and data prescribed by this chapter.
(5) 
Stormwater controls. All proposed stormwater runoff control measures must be shown on the plan, including methods for collecting, conveying and storing stormwater runoff on site, which are to be used both during and after construction. Erosion and sedimentation controls shall be shown in accordance with applicable municipal and County Conservation District requirements. The plan shall provide information on the exact type, location, sizing, design and construction of all proposed facilities and the relationship to the existing watershed drainage system.
(a) 
If the development is to be constructed in stages, the applicant must demonstrate that stormwater facilities will be installed to manage stormwater runoff safely during each stage of development.
(b) 
A schedule for the installation of all temporary and permanent stormwater control measures and devices shall be submitted.
(c) 
If appropriate, a justification should be submitted as to why any preferred stormwater management techniques, as listed in this chapter, are not proposed for use.
(6) 
Easements, rights-of-way, deed restrictions. All existing and proposed easements and rights-of-way for drainage and/or access to stormwater control facilities shall be shown and the proposed owner identified; show any areas subject to special deed restrictions relative to or affecting stormwater management on the development site.
(7) 
Other permits/approvals. A list of any approvals/permits relative to stormwater management that will be required from other governmental agencies (including DEP Chapter 105 and 106 permits) and anticipated dates of submissions/receipt should be included with the stormwater plan submission. Copies of permit applications may be requested by the municipality where they may be helpful for the plan review.
(8) 
Maintenance program. The application shall contain a proposed maintenance plan for the stormwater management system in accordance with § 263-8 herein, and the following:
(a) 
Identify the proposed ownership entity (e.g., municipality, property owner, private corporation, homeowners' association or other entity).
(b) 
Include a maintenance program for all facilities, outlining the type of maintenance activities, probable frequencies, personnel and equipment requirements and estimated annual maintenance costs.
(c) 
Identify method of financing continuing operation and maintenance if the facility is to be owned by other than the municipality.
(d) 
Submit any legal agreements required to implement the maintenance program and copies of the maintenance agreement as required by this chapter.
(9) 
Financial guaranties. The developer shall post securities with the Township to secure the completion of all required improvements in accordance with the provisions of this chapter, and the amount and administration shall be in accordance with Section 509, "Completion of Improvements or Guarantee Thereof Prerequisite to Final Plat Approval," of the Pennsylvania Municipalities Planning Code. Release of these securities will be in accordance with the Pennsylvania Municipalities Planning Code[1] upon completion of the required work and submittal of the as-built drawings sealed by a registered engineer certifying that the completed work has been constructed in conformance with the approved plan.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.

§ 263-10 Plan review procedures.

A. 
Preapplication phase.
(1) 
Before submitting the stormwater management plan, applicants are urged to consult with the municipality and County Conservation District on the requirements for safely managing the development site in a manner consistent with the municipal ordinances. These agencies may also be helpful in providing necessary data for the stormwater management plan.
(2) 
Applicants are encouraged to submit a sketch plan with a narrative description of the proposed stormwater management controls for general guidance and discussion with the municipality.
(3) 
The preapplication phase is not mandatory, any review comments provided by the municipality or other agencies are advisory only and do not constitute any legally binding action on the part of the municipality.
B. 
Stormwater management plan reviews.
(1) 
Submission of plans. Stormwater management plans shall be submitted with the preliminary and final subdivision/land development applications.
(2) 
Reviews by Municipal Engineer. The stormwater management plan shall be reviewed by the Municipal Engineer. At its discretion, the municipality may also engage other specialists in hydrology or hydraulics to assist with the stormwater plan review. All fees for additional reviews shall be paid by the applicant.
(3) 
Municipal Engineer's recommendation. The Municipal Engineer shall recommend approval or denial of the stormwater management plan based on the requirements of this chapter, the standards and criteria of any existing watershed plan, and good engineering practices. The Municipal Engineer shall submit a written report, along with supporting documentation, stating the reason(s) for recommending approval or denial.
(4) 
Permits required from other government agencies. Where the proposed development requires an obstruction permit from the Pennsylvania DEP or an erosion/sedimentation permit from the Indiana County Conservation District, then final stormwater management plan approval shall be conditional upon receipt of such permits. However, no building permit shall be issued, nor construction started, until the permits are received and copies filed with the municipality.

§ 263-11 Status of stormwater management plan after final approval.

If site development or building construction does not begin within five years of the date of final approval of the stormwater management plan, then before doing so, the applicant shall resubmit the stormwater management plan to verify that no condition has changed within the watershed that would affect the feasibility or effectiveness of the previously approved stormwater management controls. Further, if for any reason development activities are suspended for two years or more, then the same requirement for resubmission of the stormwater management plan shall apply.

§ 263-12 Stormwater management plan modifications.

A. 
If the request for a plan modification is initiated before construction begins, the stormwater management plan must be resubmitted and reviewed according to the procedures contained above.
B. 
If the request for a plan modification is initiated after construction is underway, the Municipal Engineer shall have the authority to approve or disapprove the modification based on field inspection, provided that:
(1) 
The requested changes in stormwater controls do not result in any modifications to other approved municipal land use/development requirements (e.g., building setbacks, yards, etc.); and
(2) 
The performance standards are met. Notification of the Municipal Engineer's action shall be sent to the Township which may issue a stay of the plan modification at the next regularly scheduled meeting and require the applicant to resubmit the plan modification for full stormwater management plan review in accordance with the above procedures.

§ 263-13 Inspections of stormwater management controls.

A. 
The Municipal Engineer or a designated representative shall inspect the construction of the temporary and permanent stormwater management system for the development site. The applicant shall notify the Township 48 hours in advance of start and completion of key development phases such as:
(1) 
Preliminary site preparation, including stripping of vegetation, stockpiling of topsoil and construction of temporary stormwater management and erosion control facilities.
(2) 
Rough grading, permanent drainage construction and other site improvements and any permanent ground cover.
(3) 
Construction of all permanent stormwater control facilities.
(4) 
Final grading and site stabilization.
B. 
No work shall commence on any subsequent phase until the preceding one has been inspected and approved. If there are deficiencies in any phase, the Municipal Engineer shall issue a written description of the required corrections and stipulate the time by which they must be made.
C. 
If during construction, the contractor or applicant identifies any site condition, such as subsurface soil conditions, alterations in surface or subsurface drainage which could affect the feasibility of the approved stormwater facilities, he/she shall notify the Municipal Engineer within 24 hours of the discovery of such conditions and request a field inspection. The Municipal Engineer shall determine if the condition requires a stormwater plan modification.
D. 
In cases where stormwater facilities are to be installed in areas of landslide-prone soils or other special site conditions exist, the Township may require special precautions such as soil testing and core borings, full-time inspectors and/or similar measures. All cost of any such measures shall be borne by the applicant.
E. 
The Municipal Engineer shall review the plans and may recommend that specific elements of the stormwater management system construction shall be inspected. Said inspections shall be conducted by a professional licensed engineer having expertise in the subject area, and shall be paid for by the applicant.

§ 263-14 Stormwater collection/conveyance system.

A. 
The stormwater collection/conveyance system within any land development shall be designed to safely and adequately intercept, collect, control, convey and transport the stormwater runoff from the ten-year storm event. In addition, the stormwater collection/conveyance system shall be checked for capacity during the twenty-five-year and one-hundred-year storm events. An analysis shall be made to determine the effect of the twenty-five-year and one-hundred-year storm flows on the developed property and all downstream properties. The analysis must show that the developed property and all adjoining properties are not adversely impacted by the proposed storm flows.
B. 
Swales, ditches and other forms of open channels shall be designed to convey the storm flows from the one-hundred-year storm event.
C. 
Stormwater runoff from a land development shall flow directly into a natural watercourse, man-made watercourse, stormwater management facility or into an existing storm sewer system, or onto adjacent properties in a manner similar to the runoff characteristics of the predevelopment flow. In cases where the manner of runoff onto adjacent property has been changed, proper easements or rights-of-way shall be obtained from any affected adjacent property owner.
D. 
Stormwater runoff shall not be transferred from one watershed to another unless the watersheds are subareas of a larger watershed that are tributary to a common point of interest within or near the perimeter of the property. Documentation shall be provided to show that peak flow rates are not increased following development and that there will be no detrimental impact in downstream areas.
E. 
The rational method shall be used for all stormwater collection/conveyance systems. The Pennsylvania Rainfall Intensity-Duration-Frequency (I-D-F) Chart shown in the Pennsylvania Department of Transportation, Design Manual, Part 2, latest edition, shall be used to determine the rainfall intensity in inches per hour.
F. 
The design of stormwater collection/conveyance systems shall include an evaluation of inlet grate capacities, bypass flows, entrance losses, storm pipe capacities, hydraulic grade line computations and outfall velocities, as appropriate. The stormwater collection/conveyance system shall function as intended under all these conditions for the required design storm.
G. 
Inlets shall be spaced so that the maximum spread from the ten-year storm flows onto any roadway will be limited to 1/2 the width of the travel lane.
H. 
Calculation sheets must be submitted. For storm inlets with multiple inflow pipes and/or bends where energy losses will be significant, inlet control conditions at the entrance to the outflow pipe shall be a design consideration to determine capacity.
I. 
A minimum twenty-foot wide drainage easement must be provided for all storm pipes, swales and other conveyance features that traverse through private property.
J. 
In residential subdivisions, all stormwater shall be piped to the boundary of the subdivision.
K. 
All sites shall be graded to provide drainage away from and around structures including adjacent properties to prevent potential flooding damage.
L. 
Collection/conveyance facilities should not be installed parallel and close to the top or bottom of major embankments to avoid the possibility of embankment failure, with the exception of those facilities specifically designed to prohibit stormwater runoff from eroding slopes or preventing runoff from damaging downstream properties.
M. 
No roof, driveway or foundation drains shall be discharged on to the right-of-way of any street or the pavement of any street. They may be directly connected to the street stormwater collection system of pipes or inlets. All residential dwellings not connected to a private or public stormwater collection/conveyance system shall install a stormwater containment and disposal system at the direction of the Township. Acceptable methods of disposal include underground tanks, infiltration devices, storm sewers, and grassed or other ground surfaces, or any other method approved by the Township. Adequate consideration shall be given to erosion protection.
N. 
At no time will any roof, driveway or foundation drains be allowed to be connected to the sanitary sewer line.
O. 
Lots shall be graded in such a manner as to divert stormwater runoff away from adjacent property and structures consistent with appropriate engineering standards.
P. 
All storm drainage pipes shall be a minimum of 15 inches in diameter as required by the size of the watershed. All natural springs becoming apparent during construction will be piped to the nearest storm sewer or watershed with proper drain pipe.
Q. 
All drainage structures, materials and methods of construction shall conform to the Pennsylvania Department of Transportation Standards of Construction. Structures that do not conform to these standards will be detailed on the plan submitted to the Municipal Engineer for approval. This shall include but not be limited to culverts, wingwalls and headwalls, bridges and channels.
R. 
All storm drainage pipes and conveyance facilities will be designed with a minimum slope of 1%.
S. 
The maximum spacing of inlets will be 400 feet between inlets or downstream from the high point of the street.
T. 
All storm trenches within the existing or proposed pavement will be backfilled with coarse aggregate, tamped in six-inch layers.
U. 
Storm drainage pipes on slopes of 20% or greater will be anchored with concrete anchors, spaced as follows:
(1) 
Not over 36 feet center to center on grades of 20% to 35%.
(2) 
Not over 24 feet center to center on grades of 35% to 50%.
(3) 
Not over 16 feet center to center on grades over 50%.

§ 263-15 Enforcement; violations and penalties.

A. 
Right of entry. Upon presentation of proper credentials, duly authorized representatives of the municipality may enter at reasonable times upon any property to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this chapter.
B. 
Notification. In the event that the applicant, developer, owner or his/her agent fails to comply with the requirements of this chapter or fails to conform to the requirements of any approvals or permits granted, a written notice of violation shall be issued. Such notification shall set forth the nature of the violations and establish a time limit for correction of the violations. Upon failure to comply within the time specified, unless otherwise extended by the municipality, the applicant, developer, owner or his/her agent shall be subject to the enforcement remedies of this chapter.
C. 
Preventive remedies.
(1) 
In addition to other remedies, the Township may institute and maintain appropriate actions by law or in equity to restrain, correct or abate a violation, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building or premises.
(2) 
In accordance with the Pennsylvania Municipalities Planning Code (Section 515.1), the Township may refuse to issue any or grant approval to further improve or develop any property which has been developed in violation of this chapter.
(3) 
The Township may revoke any previously issued for development of the site.
D. 
Enforcement remedies:
(1) 
Any person, who has violated or knowingly permitted the violation of the provisions of this chapter, shall, upon being found liable therefore in a civil enforcement proceeding commenced by the municipality, pay a fine of not less than $100 and not more than $500, plus court costs, including reasonable attorneys' fees, incurred by the municipality. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge.
(2) 
If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to applicable rules of civil procedure.
(3) 
Each day that a violation continues shall constitute a separate violation unless the Magisterial District Judge further determines that there was a good faith basis for the person violating this chapter to have believed that there was no such violation. In such case there shall be deemed to have been only one such violation until the fifth day following the date of the Magisterial District Judge's determination of a violation; thereafter each day that a violation continues shall constitute a separate violation.
(4) 
All judgments, costs and reasonable attorneys' fees collected for the violation of this chapter shall be paid over to the Township.
(5) 
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
(6) 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.
E. 
Additional remedies. In addition to the above remedies, the Township may also seek remedies and penalties under applicable Pennsylvania statutes, or regulations adopted pursuant thereto, including, but not limited to, the Storm Water Management Act (32 P.S. §§ 680.1 through 680.17), the Dam Safety and Encroachments Act (32 P.S. §§ 693.1 through 693.27) and the Erosion and Sedimentation Regulations (Chapter 102 of Title 25 of the Pennsylvania Code). Any activity conducted in violation of this chapter or any Pennsylvania approved watershed stormwater management plan may be declared a public nuisance by the Township and abatable as such.

§ 263-16 Fees.

A schedule of fees for the administration of this chapter shall be adopted by resolution by the White Township Board of Supervisors and may be changed from time to time by resolution. The fee schedule, when adopted, shall be attached hereto and made a part hereof and shall be identified as Exhibit "A."