A.
All regulated earth disturbance activities within
the municipality shall be designed, implemented, operated and maintained
to meet the purposes of this chapter, through these two elements:
B.
No regulated earth disturbance activities within the
municipality shall commence until the requirements of this chapter
are met.
C.
Erosion and sediment control during regulated earth disturbance activities shall be addressed as required by § 94-12.
E.
All best management practices (BMPs) used to meet
the requirements of this chapter shall conform to the state water
quality requirements, and any more stringent requirements as determined
by the municipality.
The following permit requirements may apply
to certain regulated earth disturbance activities, and must be met
prior to commencement of regulated earth disturbance activities, as
applicable:
A.
All regulated earth disturbance activities subject to permit requirements by DEP under regulations at 25 Pa. Code Chapter 102.
B.
Work within natural drainageways subject to permit
by DEP under 25 Pa. Code Chapter 105.
C.
Any stormwater management facility that would be located
in or adjacent to surface waters of the commonwealth, including wetlands,
subject to permit by DEP under 25 Pa. Code Chapter 105.
D.
Any stormwater management facility that would be located
on a state highway right-of- way, or require access from a state highway,
shall be subject to approval by the Pennsylvania Department of Transportation
(PennDOT).
E.
Culverts, bridges, storm sewers or any other facilities
which must pass or convey flows from the tributary area and any facility
which may constitute a dam subject to permit by DEP under 25 Pa. Code
Chapter 105.
A.
No regulated earth disturbance activities within the
municipality shall commence until approval by the municipality of
an erosion and sediment control plan for construction activities.
B.
DEP has regulations that require an erosion and sediment
control plan for any earth disturbance activity of 5,000 square feet
or more, under 25 Pa. Code § 102.4(b).
C.
In addition, under 25 Pa. Code Chapter 92, a DEP "NPDES construction activities" permit is required for regulated earth disturbance activities.
D.
Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office or County Conservation District must be provided to the municipality. The issuance of an NPDES construction permit (or permit coverage under the statewide General Permit (PAG-2) satisfies the requirements Subsection A.
E.
A copy of the erosion and sediment control plan and
any required permit, as required by DEP regulations, shall be available
at the project site at all times.
A.
No regulated earth disturbance activities within the
municipality shall commence until approval by the municipality of
a plan which demonstrates compliance with state water quality requirements
after construction is complete.
B.
The BMPs must be designed, implemented and maintained
to meet state water quality requirements, and any other more stringent
requirements as determined by the municipality.
C.
To control postconstruction stormwater impacts from
regulated earth disturbance activities, state water quality requirements
can be met by BMPs, including site design, which provide for replication
of preconstruction stormwater infiltration and runoff conditions,
so that postconstruction stormwater discharges do not degrade the
physical, chemical or biological characteristics of the receiving
waters. As described in the DEP Comprehensive Stormwater Management
Policy (#392-0300-002, September 28, 2002), this may be achieved by
the following:
(1)
Infiltration: replication of preconstruction stormwater
infiltration conditions,
(2)
Treatment: use of water quality treatment BMPs to
ensure filtering out of the chemical and physical pollutants from
the stormwater runoff; and
(3)
Streambank and streambed protection: management of
volume and rate of postconstruction stormwater discharges to prevent
physical degradation of receiving waters (e.g., from scouring).
D.
DEP has regulations that require municipalities to
ensure design, implementation and maintenance of best management practices
("BMPs") that control runoff from new development and redevelopment
after regulated earth disturbance activities are complete. These requirements
include the need to implement postconstruction stormwater BMPs with
assurance of long-term operations and maintenance of those BMPs.
E.
Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office must be provided to the municipality. The issuance of an NPDES Construction Permit [or permit coverage under the statewide General Permit (PAG-2)] satisfies the requirements of Subsection A.