A. 
Applicants proposing regulated activities in the Brodhead/McMichaels Creek watershed that do not fall under the exemption criteria shown in § 160-23 shall submit a stormwater management (SWM) site plan consistent with the Brodhead/McMichaels Creek Watershed SWM plan to the municipality for review. The SWM criteria of this chapter shall apply to the total proposed development even if development is to take place in stages. Preparation and implementation of an approved SWM site plan is required. No regulated activities shall commence until the municipality issues written approval of a SWM site plan, which demonstrates compliance with the requirements of this chapter.
B. 
SWM site plans approved by the municipality, in accordance with Article IV, shall be on-site throughout the duration of the regulated activity.
C. 
The municipality may, after consultation with the DEP, approve measures for meeting the state water quality requirements other than those in this chapter, provided that they meet the minimum requirements of, and do not conflict with, state law, including, but not limited to, the Clean Streams Law.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
D. 
For all regulated earth-disturbance activities, erosion and sediment (E&S) control best management practices (BMPs) shall be designed, implemented, operated, and maintained during the regulated earth-disturbance activities (e.g., during construction) to meet the purposes and requirements of this chapter and to meet all requirements under Title 25 of the Pennsylvania Code and the Clean Streams Law. Various BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual No. 363-2134-008, as amended and updated.
E. 
Impervious areas:
(1) 
The measurement of impervious areas shall include all of the impervious areas in the total proposed development even if development is to take place in stages.
(2) 
For development taking place in stages, the entire development plan must be used in determining conformance with this chapter.
(3) 
For projects that add impervious area to a parcel, the total impervious area on the parcel is subject to the requirements of this chapter.
F. 
Stormwater flows onto adjacent property shall not be created, increased, decreased, relocated, or otherwise altered without written notification of the adjacent property owner(s). Such stormwater flows shall be subject to the requirements of this chapter.
G. 
All regulated activities shall include such measures as necessary to:
(1) 
Protect health, safety, and property;
(2) 
Meet the water quality goals of this chapter by implementing measures to:
(a) 
Minimize disturbance to floodplains, wetlands, and wooded areas.
(b) 
Create, maintain, repair, or extend riparian buffers.
(c) 
Avoid erosive flow conditions in natural flow pathways.
(d) 
Minimize thermal impacts to waters of this commonwealth.
(e) 
Disconnect impervious surfaces (i.e., disconnected impervious areas/DIAs) by directing runoff to pervious areas, wherever possible. See Appendix F[2] for detail on DIAs.
[2]
Editor's Note: Appendix F is included as an attachment to this chapter.
(3) 
Incorporate the techniques for low-impact development practices (e.g., protecting existing trees, reducing area of impervious surface, cluster development, and protecting open space) described in the Pennsylvania Stormwater Best Management Practices Manual (PA BMP Manual) No. 363-0300-002(2006), as amended and updated. See Appendix E[3] for a summary description.
[3]
Editor's Note: Appendix E is included as an attachment to this chapter.
H. 
Infiltration BMPs should be spread out, made as shallow as practicable, and located to maximize the use of natural on-site infiltration features while still meeting the other requirements of this chapter.
I. 
The design of all facilities over karst shall include an evaluation of measures to minimize the risk of adverse effects.
J. 
Storage facilities should completely drain both the volume control and rate control capacities over a period of time not less than 24 and not more than 72 hours from the end of the design storm.
K. 
The design storm volumes to be used in the analysis of peak rates of discharge should be obtained from the Precipitation-Frequency Atlas of the United States, Atlas 14, Volume 2, Version 3.0, U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), National Weather Service Hydrometeorological Design Studies Center, Silver Spring, Maryland, using data from the Doylestown Station (36-2221), seen in Table B-1 in Appendix B.[4] The SCS Type II rainfall curve from NOAA is found on Figure B-1 in Appendix B. NOAA's Atlas 14 can be accessed at http://hdsc.nws.noaa.gov/hdsc/pfds/orb/pa_pfds.html.
[4]
Editor's Note: Appendix B is included as an attachment to this chapter.
L. 
For all regulated activities, SWM BMPs shall be designed, implemented, operated, and maintained to meet the purposes and requirements of this chapter and to meet all requirements under Title 25 of the Pennsylvania Code, the Clean Streams Law,[5] and the Stormwater Management Act.[6]
[5]
Editor's Note: See 35 P.S. § 691.1 et seq.
[6]
Editor's Note: See 32 P.S. § 680.1 et seq.
M. 
Various BMPs and their design standards are listed in the Pennsylvania Stormwater Best Management Practices Manual (PA BMP Manual).
A. 
The design of all regulated activities shall include the following steps in sequence to minimize stormwater impacts.
(1) 
The applicant is required to find practicable alternatives to the surface discharge of stormwater, the creation of impervious surfaces and the degradation of waters of the commonwealth and must maintain, as much as possible, the natural hydrologic regime of the site.
(2) 
An alternative is practicable if it is available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.
(3) 
All practicable alternatives to the discharge of stormwater are presumed to have less adverse impact on quantity and quality of waters of the commonwealth unless otherwise demonstrated.
B. 
The applicant shall demonstrate that he or she designed the regulated activities in the following sequence to minimize the increases in stormwater runoff and impacts to water quality:
(1) 
Prepare an Existing Resource and Site Analysis Map (ERSAM), showing environmentally sensitive areas, including, but not limited to, steep slopes, ponds, lakes, streams, wetlands, hydric soils, vernal ponds, floodplains, buffer areas, hydrologic soil Groups A and B (areas conducive to infiltration), any existing recharge areas and any other requirements outlined in the municipal Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 170, Subdivision and Land Development.
(2) 
Establish buffers according to § 160-15.
(3) 
Prepare a draft project layout avoiding earth disturbance in sensitive areas identified in § 160-14B(1) and minimizing total site earth disturbance as much as possible. The ratio of the disturbed area to the entire site area and measures taken to minimize earth disturbance shall be included on the ERSAM.
(4) 
Identify site-specific predevelopment drainage areas, discharge points, recharge area to be preserved and hydrologic soil Groups A and B to be utilized for recharge.
(5) 
Evaluate nonstructural stormwater management alternatives:
(a) 
Minimize earth disturbance.
(b) 
Minimize impervious surfaces.
(c) 
Break up large impervious surfaces.
(6) 
Satisfy water quality and streambank erosion protection objective (§ 160-15).
(7) 
Satisfy groundwater recharge (infiltration) objective (§ 160-16) and provide for stormwater treatment prior to infiltration.
(8) 
Determine what management district the site falls into (ordinance Appendix D)[2] and conduct a predevelopment runoff analysis.
[2]
Editor's Note: Appendix D is included as an attachment to this chapter.
(9) 
Prepare final project design to maintain predevelopment drainage areas and discharge points, to minimize earth disturbance and impervious surfaces, and to reduce runoff to the maximum extent possible.
(10) 
Conduct a post-development runoff analysis based on the final design and to meet the release rate and in turn the overbank flow and extreme event requirements (§ 160-17).
(11) 
Manage any remaining runoff through treatment prior to discharge, as part of detention, bioretention, direct discharge or other structural control.
In addition to the performance standards and design criteria requirements of this chapter, the applicant shall comply with the following water quality requirements of this article:
A. 
For water quality and streambank erosion, the objective is to design low-impact site conditions and water quality BMPs to detain the proposed conditions two-year, twenty-four-hour design storm to the existing conditions one-year flow using the SCS Type II distribution. Additionally, provisions shall be made (such as adding a small orifice at the bottom of the outlet structure) so that the proposed conditions one-year storm takes a minimum of 24 hours to drain from the facility from a point where the maximum volume of water from the one-year storm is captured (i.e., the maximum water surface elevation is achieved in the facility). At the same time, the objective is not to attenuate the larger storms in "no-detention" areas (District C) only. This can be accomplished by configuration of the outlet structure not to control the larger storms or by a bypass or channel to divert only the two-year flood into the basin or divert flows in excess of the two-year storm away from the basin. Where practicable, wet basins shall be utilized for water quality control and shall meet the requirements found in the Pennsylvania Stormwater BMP Manual as revised. Release of water can begin at the start of the storm (i.e., the invert of the water quality orifice is at the invert of the facility). The design of the facility shall consider and minimize the chances of clogging and sedimentation. Orifices smaller than three inches in diameter are not recommended. However, if the design professional can provide proof that the smaller orifices are protected from clogging by use of trash racks, etc., smaller orifices may be permitted.
B. 
In selecting the appropriate BMPs or combinations thereof, the applicant shall consider the following:
(1) 
Total contributing area.
(2) 
Permeability and infiltration rate of the site soils.
(3) 
Slope and depth to bedrock.
(4) 
Seasonal high-water table.
(5) 
Proximity to building foundations and wellheads.
(6) 
Erodibility of soils.
(7) 
Land availability and configuration of the topography.
(8) 
Peak discharge and required volume control.
(9) 
Streambank erosion.
(10) 
Efficiency of the BMPs to mitigate potential water quality problems.
(11) 
The volume of runoff that will be effectively treated.
(12) 
The nature of the pollutant being removed.
(13) 
Maintenance requirements.
(14) 
Creation/protection of aquatic and wildlife habitat.
(15) 
Recreational value.
C. 
For areas within defined special protection subwatersheds, which include exceptional-value (EV) and high-quality (HQ) waters, the applicant shall evaluate nondischarge alternatives to the proposed discharge and use an alternative that is environmentally sound and cost-effective when compared with the cost of the proposed discharge. If a nondischarge alternative is not environmentally sound and cost-effective, a new, additional, or increased discharge shall use the best available combination of cost-effective treatment, land disposal, pollution prevention and stormwater reuse technologies. An applicant proposing a new, additional, or increased discharge to high-quality or exceptional-value waters, who has demonstrated that no environmentally sound and cost-effective nondischarge alternative exists, shall demonstrate that the discharge will maintain and protect the existing quality of receiving surface waters.
D. 
The applicant shall consider the guidelines found in the references specified in Appendix G[1] for constructed wetlands, where proposed.
[1]
Editor's Note: Appendix G is included as an attachment to this chapter.
E. 
Stormwater runoff from hot spot land uses shall be pretreated.
F. 
The use of infiltration BMPs is prohibited on hot spot land use areas, such as vehicle fueling stations, public works storage areas, recycling facilities, fleet storage areas, facilities that make or store hazardous materials, etc.
G. 
Streambank restoration projects shall include the following:
(1) 
No restoration or stabilization projects may be undertaken without examining the fluvial geomorphology of stable reaches above and below the unstable reach.
(2) 
Restoration project design must then consider maintenance of stability in the adjacent stable reaches of the stream channel.
(3) 
An erosion and sediment control plan approved by the conservation district must be provided by the applicant.
(4) 
All applicable state and federal permits must be obtained.
H. 
Biology shall be incorporated into the design of all wet basins in accordance with the West Nile Virus guidance found in Appendix E.[2]
[2]
Editor's Note: Appendix E is included as an attachment to this chapter.
I. 
To accomplish the above, the applicant shall submit original and innovative designs to the Municipal Engineer for review and approval. Such designs may achieve the water quality objectives through a combination of BMPs (best management practices).
J. 
Buffers.
(1) 
In addition to the other restrictions of § 160-15, buffers shall be provided in accord with this § 160-15J.
(2) 
Where resource buffers overlap, the more restrictive requirements shall apply.
(3) 
Preexisting lots or parcels/development in outer buffers. In the case of legally preexisting lots or parcels (approved prior to the effective date of this chapter) where the usable area of a lot or parcel lies within an outer buffer area, rendering the lot or parcel unable to be developed in accordance with the allowable use per municipal zoning, the development may only be permitted by variance as approved at the sole discretion of the municipality.
(4) 
Improvements to existing structures in outer buffers. The provisions of this § 160-15J do not require any changes or improvements to be made to lawfully existing structures in buffers. However, when any substantial improvement to a structure is proposed which results in a horizontal expansion of that structure, the improvement may only be permitted by waiver as approved at the sole discretion of the municipality.
(5) 
Wetlands and vernal pools.
(a) 
Wetland identification. Wetlands shall be identified in accord with the 1987 U.S. Army Corps of Engineers Manual for Identifying and Delineating Wetlands and properly flagged and surveyed on-site to ensure they are protected.
[1] 
Wetlands in an artificial watercourse. Wetlands contained within the banks of an artificial watercourse shall not to be considered for buffer delineation purposes.
[2] 
Wetlands in a natural watercourse: wetlands contained within the banks of a natural watercourse, only the stream buffer shall apply.
(b) 
Continuous wetland and vernal pool buffer delineation. A twenty-five-foot inner buffer and twenty-five-foot outer buffer, measured perpendicular to and horizontally from the edge of the delineated wetland or vernal pond for a total distance of 50 feet, shall be maintained for all wetlands and vernal ponds.
[1] 
Inner buffer: measured perpendicular to and horizontally from the edge of the delineated wetland or vernal pond, for a distance of 25 feet.
[a] 
Stormwater conveyance required by the Township, buffer maintenance and restoration, the correction of hazardous conditions, stream crossings permitted by DEP and passive unpaved stable trails shall be permitted. No other earth disturbance, grading, filling, buildings, structures, new construction, or development shall be permitted.
[b] 
The area of the inner buffer altered by activities permitted in accord with this section shall be minimized to the greatest extent practicable.
[2] 
Outer buffer: measured perpendicular to and horizontally from the outer edge of the inner buffer for a distance of 25 feet, resulting in a total buffer of 50 feet.
[a] 
Stormwater conveyance required by the municipality, buffer maintenance and restoration, the correction of hazardous conditions, stream crossings permitted by DEP, roads constructed to existing grade, unpaved trails, and limited forestry activities that do not clear-cut the buffer (e.g., selective regeneration harvest) in accord with a forestry management plan shall be permitted, provided no buildings are involved, and those activities permitted under § 160-15J(3) and (4).
[b] 
No more than 20% of the cumulative outer buffer on the subject parcel shall be altered by the activities permitted in accord with this section.
[c] 
Isolated wetland. A twenty-five-foot inner buffer shall be required on isolated wetlands. Isolated wetlands are wetlands that are surrounded by uplands and do not have any apparent surface water inlets or outlets.
(6) 
Lakes and ponds.
(a) 
There is no outer buffer around lakes and ponds.
(b) 
Lake and pond buffer delineation. A fifty-foot buffer measured perpendicular to and horizontally from the edge of any water body shall be maintained around any water body.
(c) 
Permitted activities/development. Stormwater conveyance required by the Township/buffer maintenance and restoration, the correction of hazardous conditions, lakefront views, boat docks and unpaved trails shall be permitted, provided no buildings are involved.
(d) 
The area of the buffer impacted by activities permitted in § 160-15J(6)(c) shall not exceed 35% of the buffer on the subject parcel.
(7) 
Streams.
(a) 
Stream buffer delineation. A twenty-five-foot inner buffer and twenty-five-foot outer buffer measured perpendicular to and horizontally from the top-of-bank on both sides of any stream, for a total distance of 50 feet, shall be maintained on both sides of any stream.
(b) 
Inner buffer: measured perpendicular to and horizontally from the top-of-bank of the stream for a distance of 25 feet.
[1] 
Stormwater conveyance required by the Township, buffer maintenance and restoration, the correction of hazardous conditions, stream crossings permitted by DEP, fish hatcheries, wildlife sanctuaries and boat launch sites constructed so as not to alter the floodplain cross section, and unpaved trails shall be permitted, providing no buildings are involved. No other earth disturbance, grading, filling, buildings, structures, new construction, or development shall be permitted.
[2] 
The area of the inner buffer altered by activities permitted in accord with this section shall be minimized to the greatest extent practicable.
(c) 
Outer buffer: measured perpendicular to and horizontally from the outer edge of the inner buffer for a distance of 25 feet, resulting in a total buffer of 50 feet.
[1] 
Stormwater conveyance required by the municipality, buffer maintenance and restoration, the correction of hazardous conditions, agricultural activities, plant nurseries, parking lots constructed to existing grade, temporary fairs and carnivals, accessory uses for residential purposes, private sportsmen's club activities, athletic facilities, orchards, wildlife sanctuaries, boat launch sites, roads constructed to existing grade, stream crossings permitted by DEP and unpaved trails and limited forestry activities that do not clear-cut the buffer (e.g., selective regeneration harvest) in accord with a forestry management plan shall be permitted, provided no buildings are involved.
[2] 
In areas of the outer buffer which are not wetlands, vernal ponds, or slopes of more than 15%, stormwater management facilities which improve water quality of stormwater discharge shall be permitted unless prohibited by other Township or state requirements. No other earth disturbance, grading, filling, buildings, structures, new construction, or development shall be permitted.
[3] 
No more than 20% of the cumulative outer buffer on the subject parcel shall be altered by the activities permitted in accord with this section.
(8) 
Riparian buffer design. The riparian buffer shall be designed using native grasses, shrubs, and trees. Stormwater runoff entering the buffer should first flow through dense native grasses; the runoff should then flow through dense native shrubs; finally, the runoff should flow through native trees and into the water body. Runoff flows should not be concentrated and directed through buffers. Runoff should be applied to the buffer as sheet flow. It is important to maintain ground cover throughout the buffer consisting of grasses, shrubs, leaves, logs, branches, and other natural debris to slow the velocity of the runoff and allow the filtration and infiltration of runoff. The design of proposed riparian buffers must be submitted to the Municipal Engineer for approval.
(9) 
Buffer averaging. This section outlines the criteria for buffer averaging on new and redevelopment sites. Buffer averaging can be utilized to adjust the required buffer width, allowing some flexibility for site development. Using buffer averaging, the width of the buffer can be varied with the criteria stated in this chapter, so long as a minimum average width of 50 feet is maintained.
(a) 
Requirements and policies. The following criteria must be met in order to utilize buffer averaging on a development site:
[1] 
An overall average buffer width of at least 50 feet must be achieved within the boundaries of the property to be developed. Stream buffer corridors on adjoining properties cannot be included with buffer averaging on a separate property, even if owned by the same property owner.
[2] 
The average width must be calculated based upon the entire length of streambank that is located within the boundaries of the property to be developed. When calculating the buffer length, the natural stream channel should be followed.
[3] 
Stream buffer averaging shall be applied to each side of a stream independently. If the property being developed encompasses both sides of a stream, buffer averaging can be applied to both sides of the streams but must be applied to both sides of the stream independently.
[4] 
The total width of the buffer shall not be less than 35 feet at any location, except at approved stream crossings. Those areas of the buffer having a minimum width of 35 feet can comprise no more than 50% of the buffer length.
[5] 
The entire length of the buffer shall consist of an inner zone, as defined in this chapter, having a minimum width of 25 feet, and an outer zone that has a variable width along its length to achieve the minimum average width of at least 50 feet.
(b) 
Areas where buffer averaging is prohibited. Buffer width averaging is prohibited in developments that have, or will have after development, the land uses listed below:
[1] 
Slope protection areas, and areas that have slopes greater than 15% that are located within 50 feet of the stream to be buffered;
[2] 
Landfills (demolition landfills, permitted landfills, closed-in place landfills);
[3] 
Junkyards;
[4] 
Commercial or industrial facilities that store and/or service motor vehicles;
[5] 
Agricultural facilities, farms, feedlots, and confined animal feed operations;
[6] 
Animal-care facilities, kennels, and commercial/business developments or facilities that provide short-term or long-term care of animals; or
[7] 
Other land uses deemed by the municipality to have the potential to generate higher-than-normal pollutant loadings.
(10) 
Reduction of buffer width.
(a) 
The required buffer width of 50 feet can be reduced to 35 feet (with an inner buffer of 25 feet and an outer buffer of 10 feet) if the Board of Supervisors, after consultation with the Municipal Engineer, determines that the proposed riparian buffer must, as a minimum, meet the buffer requirements described in § 160-15.1(8) and also meet the following criteria:
[1] 
The riparian buffer should have slopes of less than 5%.
[2] 
The immediate land area draining to the buffer should also have slopes of less than 5%.
[3] 
The area contributing to the buffer should be less than 150 feet.
[4] 
The stormwater runoff entering the buffer should have a velocity less than 1.5 feet per second.
[5] 
The contact time of the stormwater runoff in the buffer area should be five minutes or greater.
(b) 
Under no circumstances shall the buffer be less than 35 feet, even if buffer averaging is used. Other factors that may be considered by the Board of Supervisors and the Municipal Engineer in approving a reduced buffer width include land use draining to the buffer, soil type and infiltration characteristics, and water table depth.
A. 
The volume control requirements contained in this chapter meet the control guidelines contained in the Pennsylvania Stormwater Best Management Practices Manual. A volume control requirement is essential to mitigate the impacts of increased runoff. To do this, the volume reduction BMP must 1) protect stream channel morphology, 2) maintain groundwater recharge, 3) prevent downstream increases in flooding impacts, 4) replicate the natural hydrology on-site before development to the greatest extent possible.
(1) 
Protect stream channel morphology. Increased volume of runoff results in an increase in the frequency of bankfull or near-bankfull flow conditions in stream channels. The increased presence of high-flow conditions in riparian sections has a detrimental effect on stream shaping, including stream channel impacts and overall stream morphology. Streambank erosion is greatly accelerated as banks are eroded and undercut and as stream channels are gouged and straightened, meanders, pools, riffles, and other essential elements of habitat are lost or diminished. Research has demonstrated that bankfull stream flow typically occurs between the one-year- and the two-year-frequency storm event (often around the one-and-half-year-frequency storm). Urbanization can cause bankfull stream flows to occur more often than the one-year-frequency storm event.
(2) 
Maintain groundwater recharge. Over 80% of the annual precipitation infiltrates into the soil mantle in Pennsylvania watersheds under natural conditions. More than half of this is taken up by vegetation and transpired. The rest of this infiltrated water moves down gradient to emerge as springs and seeps, feeding local wetlands and surface streams or enters the aquifers that supply drinking water wells. Without the constant recharge of groundwater aquifers, surface stream flows and groundwater in wells would diminish or disappear during drought periods. Certain areas recharge more than others and protecting these critical recharge areas is important in maintaining the water cycle balance.
(3) 
Prevent downstream increases in runoff volume and flooding impacts. Although site-based rate-control measures may help protect the area immediately downstream from a development site, the increased volume of runoff and the prolonged duration of runoff from multiple development sites can actually increase peak flow rates and duration of flood flows from runoff caused by small rain events. Although replicating predevelopment runoff volumes for small storms does not address flooding from large storms, it will substantially reduce the problem of frequent flooding which affects many communities.
(4) 
Replicate the surface water hydrology on-site before development. The objective for stormwater management is to develop a program that replicates the natural hydrologic conditions of watersheds to the extent practicable. However, the very process of clearing the existing vegetation from the site removes the single largest component of the hydrologic regime, evapotranspiration (ET). Unless we replace the ET component, the runoff increase will be substantial. Several of the BMPs described in this manual, such as infiltration, tree planting, vegetated roof systems and rain gardens, can help replace a portion of the ET function.
B. 
Volume control alternatives.
(1) 
While this volume control requirement is quite specific concerning the volume of runoff to be controlled from a development site, it does not limit the methods by which this can be accomplished. The selection of a BMP, or combination of BMPs, is left to the design process. But in all instances, minimizing the volume increase from existing and future development is the goal. The BMPs described in the Pennsylvania Stormwater Best Management Practices Manual place emphasis on infiltration of precipitation as an important solution; however, three methods are provided to reduce the volume of runoff from land development: 1) infiltration, 2) capture and reuse, and 3) vegetation systems that provide ET, returning rainfall to the atmosphere. It is anticipated that many of the stormwater management systems used will include one or more of these methods, depending on specific site conditions that constrain stormwater management opportunities. Water quality control shall be implemented using the methodologies in Subsection B(1)(a) or (b) below:
(a) 
Control Option I. Where site conditions offer the opportunity to reduce the increase in runoff volume, the following Control Option 1 is recommended:
[1] 
Do not increase the post-development total runoff volume for all storms equal to or less than the two-year/twenty-four-hour event.
[2] 
Do not increase peak rate of runoff for [one-year, two-year, ten-year, twenty-five-year, 100-year storms (at minimum)] predevelopment to post-development; as necessary, provide additional peak rate control for as required by Act 167 planning.
[3] 
Existing (predevelopment) nonforested pervious areas must be considered meadow or its equivalent.
[4] 
Twenty percent of existing impervious area, when present, shall be considered meadow in the model for existing conditions.
[5] 
The scientific basis for this control requirement is as follows:
[a] 
The two-year event encompasses 95% or more of the annual runoff volume across the state.
[b] 
Volume reduction BMPs based on this standard will provide a storage capacity to help reduce the increase in peak flow rates for larger runoff events.
[c] 
In a natural stream system in Mid-Atlantic states, the bankfull stream flow occurs with a period of approximately 1.5 years. If the runoff volume from storms less than the two-year event is not increased, the fluvial impacts on streams will be lessened.
[d] 
The two-year storm is well defined, and data is readily accessible for use in stormwater management calculations.
(b) 
Control Option 2. Control Option 2 is independent of existing site constraints and should be employed if Control Option 1 is not followed. This will be described as Control Option 2 and is as follows:
[1] 
Capture the initial two inches of runoff from impervious areas, with one inch permanently removed, of which at least 0.5 inch is infiltrated.
[2] 
Land areas with existing cover consisting of meadow, brush, wood-grass combination, or woods proposed for conversion to any other nonequivalent type of pervious cover, capture initial one inch of runoff from all pervious cover, with 0.5 inch permanently removed, of which at least 0.25 inch is infiltrated.
[3] 
Retention and detention facilities shall be sized to capture the first two inches of runoff from all impervious surfaces.
[4] 
The first one inch of runoff shall be permanently removed and shall not be released into the surface waters of this commonwealth. This is the permanently removed volume (PRV). Removal options include reuse, evaporation, transpiration, and infiltration.
[5] 
Infiltration of the first 0.5 inch of the PRV is encouraged. This portion of the PRV is the groundwater recharge volume (GRV).
[6] 
The permanently removed volume (PRV) requirement for land areas with existing cover consisting of meadow, brush, wood-grass combination, or woods proposed for conversion to any other nonequivalent type of pervious cover shall be 1/4 inch of runoff.
[7] 
Retention and detention facilities should be designed to drain both the PRV and EDV completely within 48 hours to 96 hours from the start of the storm.
[8] 
Retention facilities should be designed to accommodate infiltration of the PRV. Infiltration areas should be spread out and located in the sections of the site that are most suitable for infiltration.
[9] 
Inherent in this standard is the assumption that all soils allow some infiltration. Where this is not possible, a vegetated roof or bioretention combined with capture-and-reuse systems or other forms of runoff volume control will be necessary to achieve the required capture and removal volumes.
(2) 
In all cases, retention and detention facilities should be designed to completely drain water quality volumes (in the case of the Simplified Method, this includes both the PRV and EDV) over a period of time not less than 48 hours and not more than 96 hours from the start of the design storm.
(3) 
Infiltration BMPs.
(a) 
Infiltration BMPs are one of the most beneficial approaches to stormwater management for a variety of reasons, including:
[1] 
Reduction of the peak rate of runoff.
[2] 
Reduction of the volume of runoff.
[3] 
Removal of a significant portion of the particulate-associated pollutants and some portion of the solute pollutants.
[4] 
Recharge of groundwater and maintenance of stream base flow.
(b) 
Quantitatively, infiltration BMPs replicate the natural hydrologic regime. During periods of rainfall, infiltration BMPs reduce the volume of runoff and help to mitigate potential flooding events. During periods of reduced rainfall, this recharged water serves to provide base flow to streams and maintain in-stream water quality. Qualitatively, infiltration BMPs remove nonpoint source pollutants from runoff through a complex mix of physical, chemical, and biological removal processes. Infiltration promotes maintenance of the natural temperature regimes of stream systems (cooler in summer, warmer in winter), which can be critical to the aquatic ecology. Because of the ability of infiltration BMPs to reduce the volume of runoff, there is also a corresponding reduction in erosive bankfull conditions and downstream erosion and channel morphology changes.
(c) 
Infiltration BMPs are designed to infiltrate some portion of runoff during every runoff event. During small storm events, a large percentage of the runoff may infiltrate, whereas during large storm events, the volume that infiltrates may only be a small portion of the total runoff. However, because most of the rainfall in Pennsylvania occurs in small (less than one-inch) rainfalls, the annual benefits of an infiltration system may be significant.
(4) 
Soils evaluation.
(a) 
A detailed soils evaluation of the project site shall be required where practicable to determine the suitability of infiltration facilities. Designers are encouraged to conduct the soils evaluation early in the site planning so that information developed in the testing process can be incorporated into the design. Adjustments to the design can be made as necessary. It is recommended that the soils evaluation be conducted following the development of an early sketch plan. The designer should possess a preliminary understanding of potential BMP locations prior to testing. Prescreening testing may be carried out in advance to site potential BMP locations. The evaluation shall be performed by a qualified design professional, experienced in observing and evaluating soils conditions, and shall, at a minimum, address soil permeability and depth to bedrock.
(b) 
The general process of designing infiltration BMPs shall be:
[1] 
Background evaluation. Analyze hydrologic soil groups as well as natural and man-made features within the site based on available published and site-specific data to determine general areas of suitability for infiltration practices. Consider proposed development plan to identify potential BMP locations and testing locations. In areas where development or fill material is under consideration, conduct geotechnical investigations of subgrade stability.
[2] 
Test pit (deep-hole) observation. Perform test pits at multiple locations within the anticipated BMP areas to understand subsurface conditions and identify any limiting conditions. A test pit allows visual observation of the soil horizons and overall soil conditions both horizontally and vertically in that portion of the site.
[3] 
Infiltration testing.
[a] 
Perform on-site field tests, such as double-ring infiltrometer, at the level of the proposed infiltration surface to determine the design infiltration conductivity rate. Percolation tests are not acceptable for design purposes. (Note: Percolation testing is OK according to the Pennsylvania BMP Manual.)
[b] 
At least one test should be conducted at the proposed bottom elevation of each infiltration BMP, and a minimum of two tests per test pit is recommended. More tests may be warranted if results for the first two tests are substantially different.
[4] 
Design considerations.
[a] 
Determine suitable infiltration rates and design the infiltration BMPs based on these rates for the required GRV. The elevation of the proposed BMP should be considered when selecting the infiltration rate to be used in design calculations.
[b] 
Many sites will be constrained and unsuitable for infiltration BMPs. However, if suitable areas exist, these areas should be identified early in the design process and should not be subject to a building program that precludes infiltration BMPs. An exemption should not be provided for full buildouts where suitable soils otherwise exist for infiltration.
(c) 
Additional detail is provided in the Pennsylvania Stormwater Best Management Practices Manual.
(5) 
Stormwater hot spots.
(a) 
A "stormwater hot spot" is defined as a land use activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies. Following is a list of examples of designated hotspots. If a site is designated as a hotspot, it has important implications for how stormwater is managed. First and foremost, untreated stormwater runoff from hotspots shall not be allowed to recharge into groundwater where it may contaminate water supplies. Therefore, the groundwater recharge volume (GRV) requirement shall not be applied to development sites that fit into the hotspot category. The entire permanently removed volume (PRV), however, must still be treated. Second, a greater level of stormwater treatment may be needed at hotspot sites to prevent pollutant wash off after construction. The EPA's NPDES stormwater program requires some industrial sites to prepare and implement a stormwater pollution prevention plan. Examples of hotspots:
[1] 
Vehicle salvage yards and recycling facilities.
[2] 
Vehicle fueling stations.
[3] 
Vehicle service and maintenance facilities.
[4] 
Fleet storage areas (bus, truck, etc.).
[5] 
Industrial sites (based on standard industrial codes).
[6] 
Facilities that generate or store hazardous materials.
(b) 
Extreme caution shall be exercised where salt or chloride would be a pollutant since soils do little to filter this pollutant and it may contaminate the groundwater. The qualified design professional shall evaluate the possibility of groundwater contamination from the proposed infiltration/recharge facility and perform a hydrogeologic justification study if necessary. The infiltration requirement in high-quality/exceptional-value waters shall be subject to the Department's Chapter 93 antidegradation regulations. The municipality may require the installation of an impermeable liner in detention basins where the possibility of groundwater contamination exists. A detailed hydrogeologic investigation may be required by the municipality.
(c) 
The municipality shall require the applicant to provide safeguards against groundwater contamination for uses which may cause groundwater contamination, should there be a mishap or spill.
(6) 
Extreme caution shall be exercised where infiltration is proposed in source water protection areas or that may affect a wellhead or surface water intake.
(7) 
Recharge/infiltration facilities shall be used in conjunction with other innovative or traditional BMPs, stormwater control facilities, and nonstructural stormwater management alternatives.
(8) 
For areas within defined special protection subwatersheds which include exceptional-value (EV) and high-quality (HQ) waters, the temperature and quality of water and streams shall be maintained through the use of temperature-sensitive BMPs and stormwater conveyance systems.
(9) 
In selecting the appropriate BMPs or combinations thereof, the applicant shall consider the following:
(a) 
Total contributing area.
(b) 
Permeability and infiltration rate of the site soils.
(c) 
Slope and depth to bedrock.
(d) 
Seasonal high-water table.
(e) 
Proximity to building foundations and wellheads.
(f) 
Erodibility of soils.
(g) 
Land availability and configuration of the topography.
(h) 
Peak discharge and required volume control.
(i) 
Streambank erosion.
(j) 
Efficiency of the BMPs to mitigate potential water quality problems.
(k) 
The volume of runoff that will be effectively treated.
(l) 
The nature of the pollutant being removed.
(m) 
Maintenance requirements.
(n) 
Creation/protection of aquatic and wildlife habitat.
(o) 
Recreational value.
(10) 
Pretreatment shall be provided prior to infiltration.
(11) 
Infiltration systems should always be designed such that failure of the infiltration component does not completely eliminate the peak rate attenuation capability of the BMP. Because infiltration BMPs are designed to infiltrate small, frequent storms, the loss or reduction of this capability may not significantly impact the storage and peak rate mitigation of the BMP during extreme events.
(12) 
Infiltration BMPs shall meet the following minimum requirements:
(a) 
Maximum infiltration requirements:
[1] 
Regulated activities will be required to recharge (infiltrate), where practicable, a portion of the runoff created by the development as part of an overall stormwater management plan designed for the site. The volume of runoff to be recharged shall be determined from § 160-11 depending upon demonstrated site conditions.
(b) 
Infiltration BMPs intended to receive runoff from developed areas shall be selected based on suitability of soils and site conditions and shall be constructed on soils that have the following characteristics:
[1] 
A minimum depth of 24 inches between the bottom of the BMP and the limiting zone.
[2] 
An infiltration and/or percolation rate sufficient to accept the additional stormwater load and drain completely as determined by field tests conducted by the applicant's design professional.
[3] 
The recharge facility shall be capable of completely infiltrating the recharge volume within four days.
[4] 
Pretreatment in accordance with §§ 160-40 and 160-2H shall be provided prior to infiltration.
(13) 
The Pennsylvania Stormwater Best Management Practices Manual provides guidance on the selection and application of water quality control methodologies.
A. 
Brodhead/McMichaels Watershed.
(1) 
The Brodhead/McMichaels Watershed has been divided into stormwater management districts as shown on the Watershed Map in Appendix D.[1]
[1]
Editor's Note: Appendix D is included as an attachment to this chapter.
(2) 
Standards for managing runoff from each subarea in the Brodhead/McMichaels Watershed for design storms are shown in Table 160-17. Development sites located in each of the A, B, or C Districts must control proposed conditions runoff rates to existing conditions runoff rates for the design storms in accord with Table 160-17.
(3) 
In addition to the requirements specified in Table 160-17 below, the water quality and streambank erosion (§ 160-15), groundwater recharge (§ 160-16), and erosion control (§ 160-20) requirements shall be implemented.
Table 160-17 Water Quantity Requirements
District
Proposed Conditions
(Reduce to)
Existing Conditions
A
2-year
5-year
10-year
25-year
50-year
100-year
1-year
5-year
10-year
25-year
50-year
100-year
B-1
2-year
5-year
10-year
25-year
50-year
100-year
1-year
2-year
5-year
10-year
25-year
100-year
B-2
2-year
5-year
25-year
50-year
100-year
1-year
2-year
5-year
10-year
50-year
B-3
50-year
100-year
10-year
50-year
C
Provisional Direct Discharge District. Development sites which can discharge directly to the main channel or major tributaries or indirectly to the main channel through an existing stormwater drainage system (i.e., storm sewer or tributary) which meet the downstream hydraulic capacity analysis in § 160-17H and are shown by the design professional to not cause a downstream problem may allow an increase in flow as long as no downstream harm is demonstrated. However, sites in District C shall comply with the criteria for water quality (§ 160-16). If the proposed conditions runoff is intended to be conveyed by an existing stormwater drainage system to the main channel, assurance must be provided that such system has adequate capacity to convey the increased peak flows or will be provided with improvements to furnish the required capacity. When adequate capacity of the downstream system does not exist and will not be provided through improvements, the proposed conditions peak rate of runoff must be controlled to the existing conditions peak rate as required in District A provisions (i.e., ten-year proposed conditions flows to ten-year existing conditions flows) for the specified design storms.
B. 
General. Proposed conditions rates of runoff from any regulated activity shall not exceed the peak release rates of runoff prior to development for the design storms specified on the Stormwater Management District Watershed Map (Ordinance Appendix D)[2] § 160-14 of this chapter.
[2]
Editor's Note: Appendix D is included as an attachment to this chapter.
C. 
District boundaries. The boundaries of the stormwater management districts are shown on an official map that is available for inspection at the municipal office. A copy of the official map at a reduced scale is included in the Ordinance Appendix D.[3] The exact location of the Stormwater Management District boundaries as they apply to a given development site shall be determined by mapping the boundaries using the two-foot topographic contours (or most accurate data required) provided as part of the drainage plan.
[3]
Editor's Note: Appendix D is included as an attachment to this chapter.
D. 
Sites located in more than one district. For a proposed development site located within two or more stormwater management district category subareas, the peak discharge rate from any subarea shall be the existing conditions peak discharge for that subarea as indicated in § 160-14. The calculated peak discharges shall apply regardless of whether the grading plan changes the drainage area by subarea. An exception to the above may be granted by the municipalities if discharges from multiple subareas recombine in proximity to the site. In this case, peak discharge in any direction may be a release rate of 100%, provided that the overall site discharge meets the weighted average release rate.
E. 
Off-site areas. Off-site areas that drain through a proposed development site are not subject to release rate criteria when determining allowable peak runoff rates. However, on-site drainage facilities shall be designed to safely convey off-site flows through the development site.
F. 
Site areas. Where the site area to be impacted by a proposed development activity differs significantly from the total site area, only the proposed impact area utilizing stormwater management measures shall be subject to the management district criteria. In other words, unimpacted areas bypassing the stormwater management facilities would not be subject to the management district criteria.
G. 
No-harm option. For any proposed development site not located in a provisional direct discharge district, the applicant has the option of using a less restrictive runoff control (including no detention) if the applicant can prove that no harm would be caused by discharging at a higher runoff rate than that specified by the stormwater management plan. The no-harm option is used when an applicant can prove that the proposed hydrographs can match existing hydrographs or if it can be proved that the proposed conditions will not cause increases in peaks at all points downstream. Proof of no harm must be shown based upon the following downstream impact evaluation, which shall include a downstream hydraulic capacity analysis consistent with § 160-17H to determine if adequate hydraulic capacity exists. The applicant shall submit to the municipality this evaluation of the impacts due to increased downstream stormwater flows in the watershed.
(1) 
The hydrologic regime of the site must be maintained.
(2) 
The downstream impact evaluation shall include hydrologic and hydraulic calculations necessary to determine the impact of hydrograph timing modifications due to the proposed development upon a dam, highway, structure, natural point of restricted stream flow or any stream channel section, established with the concurrence of the municipality.
(3) 
The evaluation shall continue downstream until the increase in flow diminishes due to additional flow from tributaries and/or stream attenuation.
(4) 
The peak flow values to be used for downstream areas for the design return period storms (two-year, five-year, ten-year, twenty-five-year, fifty-year, and 100-year) shall be the values from the calibrated model for the Brodhead/McMichaels Watershed. These flow values can be obtained from the original Act 167 watershed stormwater management plans.
(5) 
Applicant-proposed conditions runoff controls which would generate increased peak flow rates at storm drainage problem areas would, by definition, be precluded from successful attempts to prove no harm except in conjunction with proposed capacity improvements for the problem areas consistent with § 160-17H.
(6) 
A financial distress shall not constitute grounds for the municipality to approve the use of the no-harm option.
(7) 
Downstream capacity improvements may be provided as necessary to achieve the no-harm option.
(8) 
Any no-harm justifications shall be submitted by the applicant as part of the drainage plan submission per Article IV.
H. 
Downstream hydraulic capacity analysis. Any downstream hydraulic capacity analysis conducted in accordance with this chapter shall use the following criteria for determining adequacy for accepting increased peak flow rates:
(1) 
Existing natural or man-made channels or swales must be able to convey the increased runoff associated with a two-year return period event within their banks at velocities consistent with protection of the channels from erosion. Acceptable velocities shall be based upon criteria included in the DEP Erosion and Sediment Pollution Control Program Manual.
(2) 
Existing natural or man-made channels or swales must be able to convey increased twenty-five-year return period runoff without creating any hazard to persons or property.
(3) 
Culverts, bridges, storm sewers or any other facilities which must pass or convey flows from the tributary area must be designed in accordance with DEP Chapter 105 regulations (if applicable) and, at minimum, pass the increased twenty-five-year return period runoff.
I. 
Hardship option. The stormwater management plan and its standards and criteria are designed to maintain existing conditions peak flows and volumes throughout the Brodhead/McMichaels watershed as the watershed becomes developed. There may be certain instances, however, where the standards and criteria established are too restrictive for a particular applicant. The existing drainage network in some areas may be capable of safely transporting slight increases in flows without causing a problem or increasing flows elsewhere. If an applicant cannot meet the stormwater standards due to lot conditions or if conformance would become a hardship to an applicant, the hardship option may be applied. A financial distress shall not constitute grounds for the municipality to approve the use of the hardship option. The applicant would have to plead his/her case to the governing body, with the final determination made by the municipality. Any applicant pleading the hardship option will assume all liabilities that may arise due to exercising this option. A financial distress shall not constitute grounds for the municipality to approve the use of the no-harm option.
A. 
Stormwater runoff from all development sites with a drainage area of greater than 200 acres shall be calculated using a generally accepted calculation technique that is based on the NRCS Soil Cover Complex Method. Table 160-18 summarizes acceptable computation methods and the method selected by the design professional shall be based on the individual limitations and suitability of each method for a particular site. The municipality may allow the use of the Rational Method to estimate peak discharges from drainage areas that contain less than 200 acres. The Soil Cover Complex Method shall be used for drainage areas greater than 200 acres.
Table 160-18 Acceptable Computation Methodologies for Stormwater Management Plans
Method
Method Developed by
Applicability
TR-20 (or commercial computer package based on TR-20)
USDA NRCS
Applicable where use of full hydrology computer model is desirable or necessary
TR-55 (or commercial computer package based on TR-55)
USDA NRCS
Applicable for land development plans within limitations described in TR-55
HEC-1/HEC-HMS
U.S. Army Corps of Engineers
Applicable where use of full hydrologic computer model is desirable or necessary
PSRM
Pennsylvania State University
Applicable where use of a hydrologic computer model is desirable or necessary; simpler than TR-20 or HEC-1
Rational Method (or commercial computer package based on Rational Method)
Emil Kuichling (1889)
For sites less than 200 acres or as approved by the municipality and/or Municipal Engineer
Other methods
Varies
Other computation methodologies approved by the municipality and/or Municipal Engineer
B. 
All calculations consistent with this chapter using the Soil Cover Complex Method shall use the appropriate design rainfall depths for the various return period storms according to the region in which they are located as presented in Table B-1 in Appendix B[1] of this chapter If a hydrologic computer model such as PSRM or HEC-1 is used for stormwater runoff calculations, then the duration of rainfall shall be 24 hours. The SCS S curve shown in Figure B-1, Appendix B, of this chapter shall be used for the rainfall distribution.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
C. 
For the purposes of existing conditions flow rate determination, undeveloped land shall be considered as meadow in good condition, unless the natural ground cover generates a lower curve number or Rational C value, as listed in Table B-2 or B-3 in Appendix B of this chapter.
D. 
All calculations using the Rational Method shall use rainfall intensities consistent with appropriate times of concentration for overland flow and return periods from the design storm curves from the Pennsylvania Department of Transportation Design Rainfall Curves (1986) (Figures B-2 to B-4). Times of concentration for overland flow shall be calculated using the methodology presented in Chapter 3 of Urban Hydrology for Small Watersheds, NRCS, TR-55 (as amended or replaced from time to time by NRCS). Times of concentration (TC) for channel and pipe flow shall be computed using Manning's equation.
E. 
Runoff curve numbers (CNs) for both existing and proposed conditions to be used in the Soil Cover Complex Method shall be obtained from Table B-2 in Appendix B of this chapter.
F. 
Runoff coefficients(c) for both existing and proposed conditions for use in the Rational Method shall be obtained from Table B-3 in Appendix B of this chapter.
G. 
The designer shall consider that the runoff from proposed sites graded to the subsoil will not have the same runoff conditions as the site under existing conditions, even after topsoiling or seeding. The designer may increase his proposed condition CN or c to better reflect proposed soil conditions.
H. 
Where uniform flow is anticipated, the Manning equation shall be used for hydraulic computations and to determine the capacity of open channels, pipes, and storm sewers. Values for Manning's roughness coefficient(n) shall be consistent with Table B-4 in Appendix B of the chapter.
I. 
Outlet structures for stormwater management facilities shall be designed to meet the performance standards of this chapter using any generally accepted hydraulic analysis technique or method.
J. 
The design of any stormwater detention facilities intended to meet the performance standards of this chapter shall be verified by routing the design storm hydrograph through these facilities using the Storage-Indication Method. For drainage areas greater than 200 acres in size, the design storm hydrograph shall be computed using a calculation method that produces a full hydrograph. The municipality may approve the use of any generally accepted full hydrograph approximation technique that shall use a total runoff volume that is consistent with the volume from a method that produces a full hydrograph.
A. 
Any stormwater facility located on state highway rights-of-way shall be subject to approval by the Pennsylvania Department of Transportation (PennDOT).
B. 
All wet basin designs shall incorporate biologic controls consistent with the West Nile guidance found in Appendix E.[1]
[1]
Editor's Note: Appendix E is included as an attachment to this chapter.
C. 
Any stormwater management facility (i.e., BMP, detention basin) designed to store runoff and requiring a berm or earthen embankment required or regulated by this chapter shall be designed to provide an emergency spillway to handle flow up to and including the 100-year proposed conditions. The height of embankment must provide a minimum 1.0 foot of freeboard above the maximum pool elevation computed when the facility functions for the 100-year proposed conditions inflow. Should any stormwater management facility require a dam safety permit under PADEP Chapter 105, the facility shall be designed in accordance with Chapter 105 and meet the regulations of Chapter 105 concerning dam safety which may be required to pass storms larger than the 100-year event.
D. 
Any facilities that constitute water obstructions (e.g., culverts, bridges, outfalls, or stream enclosures), and any work involving wetlands governed by PADEP Chapter 105 regulations (as amended or replaced from time to time by PADEP) shall be designed in accordance with Chapter 105 and will require a permit from PADEP.
E. 
Any other drainage conveyance facility that does not fall under Chapter 105 regulations must be able to convey, without damage to the drainage structure or roadway, runoff from the twenty-five-year design storm with a minimum 1.0 foot of freeboard measured below the lowest point along the top of the roadway. Any facility that constitutes a dam as defined in PADEP Chapter 105 regulations may require a permit under dam safety regulations. Any facility located within a PennDOT right-of-way must meet PennDOT minimum design standards and permit submission requirements.
F. 
Any drainage conveyance facility and/or channel not governed by Chapter 105 regulations must be able to convey, without damage to the drainage structure or roadway, runoff from the twenty-five-year design storm. Conveyance facilities to or exiting from stormwater management facilities (i.e., detention basins) shall be designed to convey the design flow to or from that structure. Roadway crossings located within designated floodplain areas must be able to convey runoff from a 100-year design storm. Any facility located within a PennDOT right-of-way must meet PennDOT minimum design standards and permit submission requirements.
G. 
Storm sewers must be able to convey proposed conditions runoff from a twenty-five-year design storm without surcharging inlets, where appropriate.
H. 
Adequate erosion protection shall be provided along all open channels and at all points of discharge.
I. 
The design of all stormwater management facilities shall incorporate sound engineering principles and practices. The municipality reserves the right to disapprove any design that would result in the construction of or continuation of a stormwater problem area.
A. 
Any earth disturbance must be conducted in conformance with Pa. Code Title 25, Chapter 102, Erosion and Sediment Control.
B. 
Additional erosion and sediment control design standards and criteria that must be or arC recommended to be applied where infiltration BMPs are proposed shall include the following:
(1) 
Areas proposed for infiltration BMPs shall be protected from sedimentation and compaction during the construction phase to maintain maximum infiltration capacity.
(2) 
Infiltration BMPs shall not be constructed nor receive runoff until the entire contributory drainage area to the infiltration BMP has achieved final stabilization.
A. 
Submissions. All regulated activities shall submit a consumptive use tracking report (CUTR), which shall be developed in accordance with Appendix F,[1] as follows:
(1) 
Residential development or redevelopment. The CUTR shall be submitted to the Monroe County Conservation District, along with the erosion and sedimentation control plan.
(2) 
Commercial/industrial development — redevelopment. The CUTR shall be submitted to the municipality during the preliminary plan approval process. The CUTR shall be forwarded by the municipality to the Monroe County Conservation District, along with a copy of the occupancy permit.
[1]
Editor's Note: Appendix F is included as an attachment to this chapter.