Inadequate management of accelerated stormwater runoff resulting from development throughout a watershed increases flood flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of existing streams and storm sewers, greatly increases the cost of public facilities to convey and manage stormwater, undermines floodplain management and flood reduction efforts in upstream and downstream communities, reduces groundwater recharge and threatens public health and safety.

Inadequate planning and management of stormwater runoff resulting from land development and redevelopment throughout a watershed can also harm surface water resources by changing the natural hydrologic patterns, accelerating stream flows (which increase scour and erosion of streambeds and streambanks thereby elevating sedimentation), destroying aquatic habitat and elevating aquatic pollutant concentrations and loadings such as sediments, nutrients, heavy metals and pathogens. Groundwater resources are also impacted through loss of recharge.

A comprehensive program of stormwater management, including minimization of impacts of development, redevelopment and activities causing accelerated erosion, is fundamental to the public health, safety, welfare and the protection of the people of the Borough of Kutztown and all the people of the commonwealth, their resources and the environment.

Inadequate management of accelerated stormwater runoff resulting from development throughout a watershed poses a threat to surface water and groundwater quality.

Stormwater can be an important water resource by providing groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.

Through project design, impacts from stormwater runoff can be minimized to maintain the natural hydrologic regime, and sustain high water quality, groundwater recharge, stream baseflow and aquatic ecosystems. The most cost effective and environmentally advantageous way to manage stormwater runoff is through nonstructural project design, minimizing impervious surfaces and sprawl, avoiding sensitive areas (i.e., stream buffers, floodplains, steep slopes), and designing to topography and soils to maintain the natural hydrologic regime.

Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.

Federal and state regulations require certain municipalities to implement a program of stormwater controls. These municipalities are required to obtain a permit for stormwater discharges from their separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES).

Non-stormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the commonwealth by the municipality.

§ 189-2 Purpose; NPDES requirements.

The purpose of this article is to promote health, safety and welfare within the Sacony Creek Watershed by minimizing the damages described in § 189-1A of this article through provisions designed to:

(1)

Promote alternative project designs and layout that minimizes impacts to surface and ground water.

(2)

Promote nonstructural BMPs.

(3)

Minimize increases in stormwater volume.

(4)

Minimize impervious surfaces.

(5)

Manage accelerated runoff and erosion and sedimentation problems at their source by regulating activities that cause these problems.

(6)

Utilize and preserve the existing natural drainage systems.

(7)

Manage stormwater impacts close to the runoff source, which requires a minimum of structures and relies on natural processes.

(8)

Focus on infiltration of stormwater to maintain groundwater recharge, to prevent degradation of surface and ground water quality and to otherwise protect water resources.

(9)

Strive to maintain existing base flows and quality of streams and watercourses in the Borough of Kutztown and the commonwealth.

(10)

Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Chapter 93.4a to protect and maintain existing uses and maintain the level of water quality to support those uses in all streams, and to protect and maintain water quality in special protection streams.

(11)

Address the quality and quantity of stormwater discharges from the development site.

(12)

Provide a mechanism to identify controls necessary to meet the NPDES permit requirements.

(13)

Implement an illegal discharge detection and elimination program to address non-stormwater discharges into the municipality's separate storm sewer system.

(14)

Preserve and restore the flood-carrying capacity of streams.

(15)

Prevent scour and erosion of streambanks and streambeds.

(16)

Provide proper maintenance of all permanent stormwater management facilities that are constructed in the Borough.

(17)

Provide performance standards and design criteria for watershed-wide stormwater management and planning.

NPDES requirements. Federal regulations approved October 1999 require operators of small municipal separate storm sewer systems (MS4s) to obtain NPDES Phase II permits from DEP by March 2003. (NPDES II is an acronym for the National Pollutant Discharge Elimination System Phase II Stormwater Permitting Regulations.) This program affects all municipalities in urbanized areas of the state. This definition applies to all Schuylkill River watershed municipalities identified in Table III-1 of the Schuylkill River Stormwater Management Plan Volume II as NPDES Phase II municipalities. Therefore, these identified municipalities will be subject to the NPDES Phase II requirements mandated by the Federal Clean Water Act as administered by the DEP. For more information on NPDES II requirements, contact the DEP Regional Office.

§ 189-3 Statutory authority.

Primary authority. The Borough is empowered to regulate land use activities that affect runoff by the authority of the Act of October 4, 1978, 32 P.S. § 680.1 et seq., P.L. 864 (Act 167), as amended and supplemented, being the Stormwater Management Act, and by various ordinances and the Code of the Borough, including the Subdivision and Land Development Regulations, the Floodplain Regulations, the Sanitary Sewers Ordinance, the Storm Sewer Ordinance and the Wellhead Protection Regulations, as amended and supplemented from time to time.[1]

[1]

Editor's Note: See Ch. 195, Subdivision and Land Development; Ch. 123, Floodplain Regulations; Ch. 177, Sewers; Ch. 218,Water and Sewers; and Ch. 220, Wellhead Protection.

Secondary authority. The municipality also is empowered to regulate land use activities that affect runoff by the authority of the Act of July 31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning Code, as amended.

§ 189-4 Applicability.

All regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by this article.

§ 189-5 Repealer.

Any ordinance or chapter of the Borough inconsistent with any of the provisions of this article are hereby repealed to the extent of the inconsistency only.

§ 189-6 Severability.

Should any section or provision of this article be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this article.

§ 189-7 Compliance with other requirements.

Approvals issued pursuant to this article do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance.

§ 189-8 Word usage; definitions.

For the purposes of this article, certain terms and words used herein shall be interpreted as follows:

(1)

Words used in the present tense include the future tense; the singular number includes the plural and the plural number includes the singular; words of masculine gender include the feminine gender; and words of feminine gender include the masculine gender.

(2)

The word "includes" or "including" shall not limit the term to the specific example, but is intended to extend its meaning to all other instances of like kind and character.

(3)

The word "person" includes an individual, firm, association, organization, partnership, trust, company, corporation or any other similar entity.

(4)

The words "shall" and "must" are mandatory; the words "may" and "should" are permissive.

(5)

The words "used or occupied" include the words "intended, designed, maintained or arranged to be used or occupied."

As used in this article, the following terms shall have the meanings indicated:

ACCELERATED EROSION

The removal of the surface of the land through the combined action of man's activity and the natural processes at a rate greater than would occur because of the natural process alone.

AGRICULTURAL ACTIVITIES

The work of producing crops and raising livestock, including tillage, plowing, discing, harrowing, pasturing and installation of conservation measures. For purposes of regulation by this article, construction of new buildings or impervious area is not considered an "agricultural activity."

ALTERATION

As applied to land, a change in topography as a result of the moving of soil and rock from one location or position to another; also the changing of surface conditions by causing the surface to be more or less impervious; land disturbance.

APPLICANT

A landowner or developer who has filed an application for approval to engage in any regulated activities as defined in this article.

AS-BUILT DRAWINGS

Those maintained by the contractor as he constructs the project and upon which he documents the actual locations of the building components and changes to the original contract documents. These, or a copy of same, are turned over to the Engineer at the completion of the project.

BANKFULL

The channel at the top-of-bank or point where water begins to overflow onto a floodplain.

BASE FLOW

The portion of stream discharge derived from groundwater; the sustained discharge that does not result from direct runoff or from water diversions, reservoir releases, piped discharges, or other human activities.

BIORETENTION

A stormwater retention area which utilizes woody and herbaceous plants and soils to remove pollutants before infiltration occurs.

BMP (BEST MANAGEMENT PRACTICE)

Methods, measures or practices to prevent or reduce surface runoff and/or water pollution, including but not limited to, structural and nonstructural stormwater management practices and operation and maintenance procedures. See also “nonstructured best management practice (BMP).”

BOROUGH

The Borough of Kutztown, Berks County, Pennsylvania.

BUFFER

The area of land immediately adjacent to any stream, measured perpendicular to and horizontally from the top-of-bank on both sides of a stream.

CARBONATE BEDROCK (AREAS)

Rock consisting chiefly of carbonate minerals, such as limestone and dolomite; specifically a sedimentary rock composed of more than 50% by weight of carbonate minerals that underlies soil or other unconsolidated, superficial material.

CHANNEL

A drainage element in which stormwater flows with an open surface. Open channels include, but shall not be limited to, natural and man-made drainageways, swales, streams, ditches, canals, and pipes flowing partly full.

CHANNEL EROSION

The widening, deepening and headward cutting of small channels and waterways due to erosion caused by moderate to large floods.

CISTERN

An underground reservoir or tank for storing rainwater.

CONSERVATION DISTRICT

The Berks County Conservation District.

CULVERT

A structure, with appurtenant works, which carries a stream under or through an embankment or fill.

DAM

An artificial barrier, together with its appurtenant works, constructed for the purpose of impounding or storing water or another fluid or semifluid, or a refuse bank, fill or structure for highway, railroad or other purposes which does or may impound water or another fluid or semifluid.

DEPARTMENT

The Pennsylvania Department of Environmental Protection (DEP).

DESIGNATED WATERSHED (ACT 167)

A watershed which is listed under the Pennsylvania Department of Environmental Protection's "Index of Designated Watersheds (Stormwater Management)" pursuant to the Storm Water Management Act, P.L. 864, No. 167, October 4, 1978, and published in the Pennsylvania Bulletin on May 31, 1980 and August 9, 1980, as amended on November 19, 1991, April 21, 1992, June 21, 1994, April 16, 1996, April 15, 1997 and December 16, 1997.[1]

DESIGNEE

The agent of the Berks County Planning Department, Berks County Conservation District and/or Kutztown Borough Planning Commission and/or agent of the Borough involved with the administration, review or enforcement of any provisions of this article by contract or memorandum of understanding.

DESIGN PROFESSIONAL (QUALIFIED)

Any person licensed by the Pennsylvania Department of State or otherwise qualified by law to perform the work required by the article.

DESIGN STORM

The magnitude and temporal distribution of precipitation from a storm event measured in probability of occurrence (e.g., a five-year storm) and duration (e.g., 24 hours), used in the design and evaluation of stormwater management systems.

DETENTION BASIN

An impoundment structure designed to collect and retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate. Detention basins are designed to drain completely shortly after any given rainfall event and are dry until the next rainfall event.

DETENTION DISTRICT

Those subareas in which some type of detention is required to meet the plan requirements and the goals of Act 167.[2]

DEVELOPER

A person, partnership, association, corporation or other entity or any responsible person therein or agent thereof that undertakes any regulated earth disturbance activity at a project site in the Borough.

DEVELOPMENT

See "earth disturbance activity." The term includes redevelopment.

DEVELOPMENT SITE

The specific tract of land where any earth disturbance activities in the Borough are planned, conducted or maintained.

DIFFUSED DRAINAGE DISCHARGE

Drainage discharge not confined to a single point location or channel, such as sheet flow or shallow concentrated flow.

DISCHARGE

To release water from a project, site, aquifer, drainage basin or other point of interest (verb); the rate and volume of flow of water such as in a stream, generally expressed in cubic feet per second (volume per unit of time) (noun). See also "peak discharge."

DISCHARGE POINT

The point where stormwater flows into.

[Amended 8-17-2010 by Ord. No. 5-2010]

DISTURBED AREAS

Unstabilized land area where an earth disturbance activity is occurring or has occurred.

DITCH

An artificial waterway for irrigation or stormwater conveyance.

DOWNSLOPE PROPERTY LINE

That portion of the property line of the lot, tract or parcels of land being developed located such that all overland or pipe flow from the site would be directed towards it.

DRAINAGE CONVEYANCE FACILITY

A stormwater management facility designed to transmit stormwater runoff and shall include streams, channels, swales, pipes, conduits, culverts, storm sewers, etc.

DRAINAGE EASEMENT

A right granted by a landowner to a grantee, allowing the use of private land for stormwater management purposes.

DRAINAGE PERMIT

A permit issued by the Borough after the drainage plan has been approved. Said permit is issued prior to or with the final Borough approval.

DRAINAGE PLAN

The documentation of the stormwater management system, if any, to be used for a given development site, the contents of which are established in § 189-11 et seq.

EARTH DISTURBANCE ACTIVITY

A construction or other human activity which disturbs the surface of land, including, but not limited to, clearing and grubbing, grading, excavations, embankments, land development, agricultural plowing or tilling, timber harvesting activities, road maintenance activities, mineral extraction, and the moving, depositing, stockpiling, or storing of soil, rock or earth materials.

EMERGENCY SPILLWAY

A conveyance area that is used to pass peak discharge greater than the maximum design storm controlled by the stormwater facility.

ENCROACHMENT

A structure or activity that changes, expands or diminishes the course, current or cross section of a watercourse, floodway or body of water.

EROSION

The process by which the surface of the land, including channels, is worn away by water, wind, or chemical action.

EROSION AND SEDIMENT POLLUTION CONTROL PLAN

A plan for a project site which identifies BMPs to minimize accelerated erosion and sedimentation.

EXCEPTIONAL VALUE WATERS

Surface waters of high quality which satisfy Pennsylvania Code Title 25 Environmental Protection, Chapter 93, Water Quality Standards, § 93.4b(b) (relating to anti-degradation).

EXISTING CONDITIONS

The initial condition of a project site prior to the proposed construction. If the initial condition of the site is undeveloped land, the land use shall be considered as "meadow" unless the natural land cover is proven to generate lower curve numbers or Rational "C" value, such as forested lands.

FLOOD

A general, but temporary, condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers and other waters of this commonwealth.

FLOODPLAIN

Any land area susceptible to inundation by water from any natural source or delineated as a special flood hazard area on the applicable National Flood Insurance Program Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA). Also included are areas that comprise Group 13 Soils, as listed in Appendix A of the Pennsylvania Department of Environmental Protection (DEP) Technical Manual for Sewage Enforcement Officers (as amended or replaced from time to time by DEP).

[Amended 8-17-2010 by Ord. No. 5-2010[3]]

FLOODWAY

The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the one-hundred-year frequency flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the one-hundred-year frequency floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the stream to 50 feet from the top of the bank of the stream.

FLUVIAL GEOMORPHOLOGY

The study of landforms associated with river channels and the processes that form them.

FOREST MANAGEMENT/TIMBER OPERATIONS

Planning and activities necessary for the management of forest land. These include timber inventory and preparation of forest management plans, silvicultural treatment, cutting budgets, logging road design and construction, timber harvesting, site preparation and reforestation.

FREEBOARD

A vertical distance between the elevation of the design highwater and the top of a dam, levee, tank, basin or diversion ridge. The space is required as a safety margin in a pond or basin.

GRADE

(1)

A slope, usually of a road, channel or natural ground, specified in percent and shown on plans as specified herein.

(2)

To finish the surface of a roadbed, top of embankment or bottom of excavation.

GRASSED WATERWAY

A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from cropland.

GROUNDWATER

Water beneath the earth's surface, often between saturated soil and rock that supplies wells and springs.

GROUNDWATER RECHARGE

Replenishment of existing natural underground water supplies without degrading groundwater quality.

HEC-HMS

The U.S. Army Corps of Engineers, Hydrologic Engineering Center (HEC) - Hydrologic Modeling System (HMS).

HIGH-QUALITY WATERS

Surface waters having quality which exceeds levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water by satisfying Pennsylvania Code Title 25 Environmental Protection, Chapter 93 Water Quality Standards, § 93.4b(a).

HOTSPOTS

Areas where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater.

HYDROGRAPH

A graph of discharge versus time for a selected point in the drainage system.

HYDROLOGIC REGIME (NATURAL)

The hydrologic cycle or balance that sustains quality and quantity of stormwater, base flow, storage, and groundwater supplies under natural conditions.

HYDROLOGIC SOIL GROUP

A classification of soils by the Natural Resources Conservation Service, formerly the Soil Conservation Service, into four runoff potential groups. The groups range from A soils, which are very permeable and produce lithe runoff, to D soils, which are not very permeable and produce much more runoff.

IMPERVIOUS SURFACE

A surface that prevents the percolation of water into the ground. "Impervious surface" includes, but is not limited to, any roof, parking or driveway areas, and any new streets and sidewalks. Any surface areas designed to be gravel or crushed stone shall be assumed to be impervious surfaces.

IMPOUNDMENT

A retention or detention basin designed to retain stormwater runoff and release it at a controlled rate.

INFILL

Development that occurs on smaller parcels that remain undeveloped but are within or in very close proximity to urban areas. The development relies on existing infrastructure and does not require an extension of water, sewer or other public utilities.

INFILTRATION

Movement of surface water into the soil, where it is absorbed by plant roots, evaporated into the atmosphere, or percolates downward to recharge groundwater.

INFILTRATION STRUCTURES

A structure designed to direct runoff into the ground (e.g., french drains, seepage pits, seepage trench).

INLET

A surface connection to a closed drain. A structure at the diversion end of a conduit. The upstream end of any structure through which water may flow.

LAND DEVELOPMENT

(1)

The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving a group of two or more buildings or the division or allocation of land or space between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups, or other features.

(2)

Any subdivision of land.

(3)

Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code.[4]

LAND DISTURBANCE

Any activity involving grading, tilling, digging or filling of ground or stripping of vegetation or any other activity that causes an alteration to the natural condition of the land.

LIMITING ZONE

A soil horizon or condition in the soil profile or underlying strata which includes one of the following:

(1)

A seasonal high water table, whether perched or regional, determined by direct observation of the water table or indicated by soil mottling.

(2)

A rock with open joints, fractures or solution channels, or masses of loose rock fragments, including gravel, with insufficient fine soil to fill the voids between the fragments.

(3)

A rock formation, other stratum or soil condition, which is so slowly permeable that it effectively limits downward passage of effluent.

LOT

A part of a subdivision or a parcel of land used as a building site or intended to be used for building purposes, whether immediate or future, which would not be further subdivided.

MAIN STEM (MAIN CHANNEL)

Any stream segment or other runoff conveyance facility used as a reach in the Sacony Creek hydrologic model.

MANNING EQUATION (IN MANNING FORMULA)

A method for calculation of velocity of flow (e.g., feet per second) and flow rate (e.g., cubic feet per second) in open channels based upon channel shape, roughness, depth of flow and slope. Open channels may include closed conduits so long as the flow is not under pressure.

MUNICIPAL ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for a municipality, planning agency or joint planning commission.

MUNICIPALITY

Borough of Kutztown, Berks County, Pennsylvania.

NATURAL HYDROLOGIC REGIME

See "hydrologic regime."

NATURAL RECHARGE AREA

Undisturbed surface area or depression where stormwater collects, and a portion of which infiltrates and replenishes the underground and groundwater.

NONPOINT SOURCE POLLUTION

Pollution that enters a watery body from diffuse origins in the watershed and does not result from discernible, confined or discrete conveyances.

NON-STORMWATER DISCHARGES

Water flowing in stormwater collection facilities, such as pipes or swales, which is not the result of a rainfall event or snowmelt.

NONSTRUCTURAL BEST MANAGEMENT PRACTICE (BMPS)

Methods of controlling stormwater runoff quantity and quality, such as innovative site planning, impervious area and grading reduction, protection of natural depression areas, temporary ponding on site and other techniques.

NPDES

National Pollutant Discharge Elimination System, the federal government's system for issuance of permits under the Clean Water Act, which is delegated to DEP in Pennsylvania.

NRCS

Natural Resource Conservation Service (previously SCS).

OPEN CHANNEL

OUTFALL

"Point source" as described in 40 CFR § 122.2 at the point where the municipality's storm sewer system discharges to surface waters of the commonwealth.

OUTLET

Points of water disposal from a stream, river, lake, tidewater or artificial drain.

PARENT TRACT

The parcel of land from which a land development or subdivision originates, determined from the date of municipal adoption of this article.

PARKING LOT STORAGE

Involves the use of impervious parking areas as temporary impoundments with controlled release rates during rainstorms.

PEAK DISCHARGE

The maximum rate of stormwater runoff from a specific storm event.

PENN STATE RUNOFF MODEL (CALIBRATED)

The computer-based hydrologic modeling technique adapted to the Sacony Creek watershed for the Act 167 Plan. The model has been calibrated to reflect actual recorded flow values by adjoining key model input parameters.

PIPE

A culvert, closed conduit or similar structure (including appurtenances) that conveys stormwater.

PLAN

The stormwater management and erosion and sediment pollution control plans and narratives.

PLANNING COMMISSION

The Planning Commission of the Borough of Kutztown.

POINT SOURCE

Any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, or conduit from which stormwater is or may be discharged, as defined in state regulations at 25 Pa. Code § 92.1.

POST CONSTRUCTION

Period after construction where disturbed areas are stabilized, stormwater controls are in place and functioning and all proposed improvements in the approved land development plan are completed.

PREDEVELOPMENT

Undeveloped/natural condition.

PRETREATMENT

Techniques employed in stormwater BMPs to provide storage or filtering to trap coarse materials and other pollutants before they enter the system, but not necessarily meet the water quality volume requirements of § 189-10F.

PROBABLE MAXIMUM FLOOD (PMF)

The flood that may be expected from the most severe combination of critical meteorologic and hydrologic conditions that are reasonably possible in any area. The PMF is derived from the probable maximum precipitation (PMP) as determined on the basis of data obtained from the National Oceanographic and Atmospheric Administration (NOAA).

PROJECT SITE

The specific area of land where any regulated earth disturbance activities in the municipality are planned, conducted or maintained.

RATIONAL FORMULA

A rainfall-runoff relation used to estimate peak flow.

RECHARGE

The replenishment of groundwater through the infiltration of rainfall, other surface waters, or land application of water or treated wastewater.

RECORD DRAWINGS

Original documents revised to suit the as-built conditions and subsequently provided by the applicant/developer to the Borough.

[Amended 8-17-2010 by Ord. No. 5-2010]

REDEVELOPMENT

The demolition, construction, reconstruction, alteration, or improvement exceeding 2,000 square feet of land disturbance performed on sites where existing land use is commercial, industrial, institutional, or multifamily residential. Maintenance activities such as top-layer grinding and repaving are not considered to be redevelopment. Interior remodeling projects and tenant improvements are also not considered to be redevelopment. Utility trenches in streets are not considered redevelopment unless more than 50% of the street width is removed and repaved.

REGULATED ACTIVITIES

Actions or proposed actions that involve the alteration or development of land in a manner that may affect stormwater runoff.

[Amended 8-17-2010 by Ord. No. 5-2010]

REGULATED EARTH DISTURBANCE ACTIVITY

Activity involving earth disturbance subject to regulation under 25 Pa. Code Chapters 92, Chapter 102, or the Clean Streams Law.[5]

RELEASE RATE

The percentage of predevelopment peak rate of runoff from a site or subarea to which the post-development peak rate of runoff must be reduced to protect downstream areas.

RETENTION BASIN

An impoundment in which stormwater is stored and not released during the storm event. Retention basins do not have an outlet other than recharge and must infiltrate stored water in no more than four days.

RETURN PERIOD

The average interval, in years, within which a storm event of a given magnitude can be expected to recur. For example, the twenty-five-year return period rainfall would be expected to recur on the average of once every 25 years.

RISER

A vertical pipe extending from the bottom of a pond that is used to control the discharge rate from the pond for a specified design storm.

ROAD MAINTENANCE

Earth disturbance activities within the existing road cross section, such as grading and repairing existing unpaved road surfaces, cutting road banks, cleaning or clearing drainage ditches and other similar activities.

ROOF DRAINS

A drainage conduit or pipe that collects water runoff from a roof and leads it away from the structure.

ROOFTOP DETENTION

Temporary ponding and gradual release of stormwater falling directly onto flat roof surfaces by incorporating controlled-flow roof drains into building designs.

RUNOFF

Any part of precipitation that flows over the land surface.

SALDO

Subdivision and Land Development Ordinance.[6]

SEDIMENTATION

The process by which mineral or organic matter is accumulated or deposited by the movement of water or air.

SEDIMENT BASIN

A barrier, dam, retention or detention basin located and designed to retain rock, sand, gravel, silt or other material transported by water during construction.

SEDIMENT POLLUTION

The placement, discharge or any other introduction of sediment into the waters of the commonwealth occurring from the failure to design, construct, implement or maintain control measures and control facilities in accordance with the requirements of this article.

SEEPAGE PIT/SEEPAGE TRENCH

An area of excavated earth filled with loose stone or similar coarse material into which surface water is directed for infiltration into the underground water.

SEPARATE STORM SEWER SYSTEM

A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains) primarily used for collecting and conveying stormwater runoff.

SHALLOW CONCENTRATED FLOW

Stormwater runoff flowing in shallow, defined ruts prior to entering a defined channel or waterway.

SHEET FLOW

Runoff which flows over the ground surface as a thin, even layer, not concentrated in a channel.

SOIL-COVER-COMPLEX METHOD

A method of runoff computation developed by the NRCS that is based on relating soil type and land use/cover to a runoff parameter called "curve number (CN)."

SOIL GROUP, HYDROLOGIC

A classification of soils by the Natural Resource Conservation Service into four runoff potential groups. The groups range from A soils, which are very permeable and produce little runoff, to D soils, which are not very permeable and produce much more runoff.

[Amended 8-17-2010 by Ord. No. 5-2010]

SOURCE WATER PROTECTION AREAS (SWPA)

The zone through which contaminants, if present, are likely to migrate and reach a drinking water well or surface water intake.

SPECIAL GEOLOGIC FEATURES

Carbonate bedrock features, including but not limited to closed depressions, existing sinkholes, fracture traces, lineaments, joints, faults, caves and pinnacles, which may exist and must be identified on a site when stormwater management BMPs are being considered.

SPECIAL PROTECTION SUBWATERSHEDS

Watersheds for which the receiving waters are exceptional value (EV) or high quality (HQ) waters.

SPILLWAY

A depression in the embankment of a pond or basin which is used to pass peak discharge greater than the maximum design storm controlled by the pond.

STATE WATER QUALITY REQUIREMENTS

The regulatory requirements to protect, maintain, reclaim and restore water quality under Pa. Code Title 25 and the Clean Streams Law.[7]

STORAGE INDICATION METHOD

A reservoir routing procedure based on solution of the continuity equation (inflow minus outflow equals the change in storage), with outflow defined as a function of storage volume and depth.

STORM FREQUENCY

The number of times that a given storm event occurs or is exceeded on the average in a stated period of years. See "return period."

STORM SEWER

A system of pipes and/or open channels that convey intercepted runoff and stormwater from other sources, but excludes domestic sewage and industrial wastes.

STORMWATER

The surface runoff generated by precipitation reaching the ground surface.

STORMWATER MANAGEMENT FACILITY

Any structure, natural or man-made, that, due to its condition, design or construction, conveys, stores or otherwise affects stormwater runoff. Typical stormwater management facilities include, but are not limited to, detention and retention basins, open channels, storm sewers, pipes and infiltration structures.

STORMWATER MANAGEMENT PLAN

The plan for managing stormwater runoff in the Sacony Creek Watershed adopted by Berks County, as required by the Act of October 4, 1978, P.L. 864, (Act 167), and known as the "Sacony Creek Watershed Action 167 Stormwater Management Plan."

STORMWATER MANAGEMENT SITE PLAN

The plan prepared by the developer or his representative indicating how stormwater runoff will be managed at the particular site of interest according to this article.

STREAM

A natural watercourse.

STREAM BUFFER

The land area adjacent to each side of a stream, essential to maintaining water quality. (See "buffer.")

STREAM ENCLOSURE

A bridge, culvert or other structure in excess of 100 feet in length upstream to downstream which encloses a regulated water of this commonwealth.

SUBAREA

The smallest drainage unit of a watershed for which stormwater management criteria have been established in the stormwater management plan.

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership, or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwellings, shall be exempt.

SURFACE WATERS OF THE COMMONWEALTH

Any and all rivers, streams, creeks, rivulets, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface, or parts thereof, whether natural or artificial, within or on the boundaries of this commonwealth.

SWALE

A low lying stretch of land which gathers or carries surface water runoff.

TIMBER OPERATIONS

See "forest management."

TIME OF CONCENTRATION (TC)

The time for surface runoff to travel from the hydraulically most distant point of the watershed to a point of interest within the watershed. This time is the combined total of overland flow time and flow time in pipes or channels, if any.

TOP-OF-BANK

Highest point of elevation in a stream channel cross section at which a rising water level just begins to flow out of the channel and over the floodplain.

VERNAL POND

Seasonal depressional wetlands that are covered by shallow water for variable periods from winter to spring, but may be completely dry for most of the summer and fall.

WATERCOURSE

A channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.

WATERSHED

Region or area drained by a river, watercourse or other body of water, whether natural or artificial.

WATERS OF THE COMMONWEALTH

Any and all rivers, streams, creeks, rivulets, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this commonwealth.

WELLHEAD

(1)

A structure built over a well.

(2)

The source of water for a well.

WELLHEAD PROTECTION AREA

The surface and subsurface area surrounding a water supply well, well field, spring or infiltration gallery supplying a public water system, through which contaminants are reasonably likely to move toward and reach the water source.

WET BASIN

Pond for urban runoff management that is designed to detain urban runoff and always contains water.

WETLAND

Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, ferns and similar areas.

[1]

Editor's Note: See 32 P.S. § 680.1 et seq.

[2]

Editor's Note: See 32 P.S. § 680.1 et seq.

[3]

Editor's Note: This ordinance also repealed the definition of "flood hazard boundary" which immediately followed this definition.

[4]

Editor's Note: See 53 P.S. § 10503(1.1).

[5]

Editor's Note: See 35 P.S. § 691.1 et seq.

[6]

Editor's Note: See Ch. 195, Subdivision and Land Development.

[7]

Editor's Note: See 35 P.S. § 691.1 et seq.

§ 189-9 Abbreviations.

As used in this article, the following abbreviations shall have the meanings indicated:

	BMPs — Best management practice(s).
	DRBC — Delaware River Basin Commission. [Added 8-17-2010 by Ord. No. 5-2010]
	FEMA — Federal Emergency Management Agency.
	NRCS — Natural Resource Conservation Service (previously SCS).
	PA DEP — Pennsylvania Department of Environmental Protection.
	PENNDOT — Pennsylvania Department of Transportation.
	PMF — Probable maximum flood.

§ 189-10 General requirements; Stormwater Management Districts; stormwater management facilities; water quality; calculation methods; erosion.

General requirements.

(1)

All applicants proposing regulated activities in the Sacony Creek Watershed which do not fall under the exemption criteria shown in, § 189-11B shall submit a drainage plan consistent with the Sacony Creek Watershed Stormwater Management Plan to the Borough for review. These criteria shall apply to the total proposed development even if development is to take place in stages. Impervious cover shall include, but not be limited to, any roof, parking or driveway areas and any new streets and sidewalks. Any areas designed to initially be gravel or crushed stone shall be assumed to be impervious for the purposes of comparison to the waiver criteria.

(2)

The applicant is required to evaluate 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.

(3)

The drainage plan must be designed consistent with the sequencing provisions of § 189-10D to ensure maintenance of the natural hydrologic regime and to promote groundwater recharge and protect groundwater and surface water quality and quantity. The drainage plan designer must proceed sequentially in accordance with this section of this article.

(4)

The existing points of concentrated drainage that discharge onto adjacent property shall not be altered without permission of the adjacent property owner(s) and shall be subject to any applicable discharge criteria specified in this article.

(5)

Areas of existing diffused drainage discharge shall be subject to any applicable discharge criteria in the general direction of existing discharge, whether proposed to be concentrated or maintained as diffused drainage areas, except as otherwise provided by this article. If diffused flow is proposed to be concentrated and discharged onto adjacent property, the developer must document that adequate downstream conveyance facilities exist to safely transport the concentrated discharge or otherwise prove that no erosion, sedimentation, flooding or other harm will result from the concentrated discharge.

(6)

Where a development site is traversed by watercourses, drainage easements shall be provided conforming to the line of such watercourses. The terms of the easement shall prohibit excavation, the placing of fill or structures, and any alterations that may adversely affect the flow of stormwater within any portion of the easement. Maintenance, including mowing of vegetation within the easement, shall be required.

(7)

Any stormwater management facilities regulated by this article that would be located in or adjacent to waters of the commonwealth or wetlands shall be subject to approval by the PA DEP through the joint permit application process or, where deemed appropriate by the PA DEP, the general permit process. When there is a question whether wetlands may be involved, it is the responsibility of the developer or his agent to show that the land in question cannot be classified as wetlands, otherwise approval to work in the area must be obtained from the PA DEP.

(8)

Any stormwater management facilities regulated by this article that would be located on state highway rights-of-way shall be subject to approval by PENNDOT.

(9)

Minimization of impervious surfaces and infiltration of runoff through seepage beds, infiltration trenches, etc., are encouraged, where soil conditions permit, to reduce the size or eliminate the need for detention facilities.

(10)

All stormwater runoff shall be treated for water quality.

(11)

Roof drains must not be connected to streets, sanitary or storm sewers or roadside ditches to promote overload flow and infiltration/percolation of stormwater where advantageous to do so. When it is more advantageous to connect directly to streets or storm sewers, then it shall be permitted, on a case-by-case basis, by the Borough.

(12)

Transference of runoff to or from an EV/HQ watershed is prohibited unless otherwise authorized by DEP or DRBC.

[Amended 8-17-2010 by Ord. No. 5-2010]

Permit requirements by other government entities. Permits must comply with any and all applicable local, county, state and federal regulations.

Erosion and sediment control during regulated earth disturbance activities.

(1)

No regulated earth disturbance activities within the municipality shall commence until the municipality receives an approval from the Conservation District of an erosion and sediment control plan for construction activities.

(2)

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).

(3)

In addition, under 25 Pa. Code Chapter 92, a DEP NPDES construction activities permit is required for regulated earth disturbance activities.

(4)

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-22)] satisfies the requirements, § 189-10C(1).

(5)

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.

(6)

Additional erosion and sediment control design standards and criteria that are recommended to be applied where infiltration BMPs are proposed shall include the following:

(a)

Areas proposed for infiltration BMPs shall be protected from sedimentation and compaction during the construction phase to maintain maximum infiltration capacity.

(b)

Infiltration BMPs shall not be constructed nor receive runoff until the entire contributory drainage area to the infiltration BMP has achieved final stabilization.

Nonstructural project design (sequencing to minimize stormwater impacts).

(1)

For projects disturbing one acre or more, the design of all regulated activities shall include evaluation of 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.

(a)

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 and other municipal requirements.

(b)

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.

(2)

The applicant shall demonstrate that he/she designed the regulated activities that disturb one acre or more included consideration of the following issues:

(a)

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 pools, floodplains, stream buffer zones, Hydrologic Soil Groups A and B (areas conducive to infiltration), special geologic features, any existing recharge areas and any other requirements outlined in the municipal Subdivision and Land Development Ordinance.[1]

[1]

Editor's Note: See Ch. 195, Subdivision and Land Development.

(b)

Establish appropriate buffers for each of the delineated environmentally sensitive areas per the municipal zoning ordinance.[2] [See § 189-10F(4) for stream buffers and § 189-10J(9) for special geologic feature buffers.]

[2]

Editor's Note: See Ch. 225, Zoning.

(c)

Prepare a draft project layout avoiding sensitive areas identified in § 189-10D(2)(a).

(d)

Identify site specific existing conditions, drainage areas, discharge points, recharge areas and hydrologic Soil Groups A and B.

(e)

Evaluate nonstructural stormwater management alternatives.

[1]

Minimize earth disturbance.

[2]

Minimize impervious surfaces.

[3]

Break up large impervious surfaces.

(f)

Satisfy groundwater infiltration objective (§ 189-10E) and provide for stormwater pretreatment prior to infiltration. Pretreatment may not be necessary for rooftop runoff which enters the infiltration facility directly from a roof leader.

(g)

Satisfy water quality (§ 189-10F) and streambank erosion protection objective (§ 189-10G).

(h)

Determine what management district the site falls into (Appendix D[3]) and conduct an existing conditions runoff analysis.

[3]

Editor's Note: Appendix D is included at the end of this chapter.

(i)

Prepare final project design to maintain existing conditions drainage areas and discharge points, to minimize earth disturbance and impervious surfaces and, to the maximum extent possible, to ensure the remaining site development has no surface or point discharge.

(j)

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 (§ 189-10H).

(k)

Manage any remaining runoff through treatment prior to discharge, as part of detention, bioretention, direct discharge or other structural control.

Groundwater recharge (infiltration/recharge/bioretention).

(1)

Maximizing the groundwater recharge capacity of the area being developed is required. Design of the infiltration stormwater management facilities shall give consideration to providing groundwater recharge to compensate for the reduction in the percolation that occurs when the ground surface is disturbed or impervious surface is created. It is recommended that roof runoff be directed to infiltration BMPs which can be over-designed to compensate for the infiltration losses due to parking areas. These measures are required to be consistent with § 189-2, and take advantage of utilizing any existing recharge areas.

(2)

Infiltration may not be feasible on every site due to site-specific limitations, such as soil type. If it cannot be physically accomplished, due to seasonal high water table, soil permeability rate, soil depth or setback distances from special geologic features, then the design professional shall be responsible to show that this cannot be physically accomplished. If it can be physically accomplished, then the volume of runoff to be infiltrated shall be determined from § 189-10E(3)(c) depending on demonstrated site conditions and shall be the greater of the two volumes.

(3)

Infiltration BMPs shall meet the following minimum requirements:

(a)

Infiltration requirements. Regulated activities will be required to infiltrate, where site conditions permit, 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 infiltrated shall be determined from § 189-10E(3)(c)[1] or [2], 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 36 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 infiltration facility shall be capable of completely infiltrating the retention (infiltration) volume within four days (96 hours).

[4]

Pretreatment shall be provided prior to infiltration.

(c)

The size of the infiltration facility shall be based upon the following volume criteria:

[1]

NRCS curve number equation:

[a]

The NRCS runoff equation shall be utilized to calculate infiltration requirements (I) in inches.

Equation 1
I (Infiltration requirement in inches) = (200 / CN) – 2
Where
CN	=	SCS (NRCS) curve number of existing conditions contributing to the infiltration facility.

[b]

This equation is displayed graphically in, and the infiltration requirement can be determined from Figure 1.

	Figure 1. Infiltration Requirement Based Upon NRCS Curve Number

[c]

The retention (Infiltration) volume (Rev) required would therefore be computed as:

	Equation 2
	Rev (Cubic Feet) = I * impervious area (square feet) / (12 inches/ft)
	Where
	I = infiltration requirement (in inches)

[2]

Annual recharge: water budget approach. It has been determined that infiltrating 0.42 inch of runoff from the impervious areas will aid in maintaining the hydrologic regime of the watershed. If the goals of § 189-10E(3)(b)[1] cannot be achieved, then 0.42 inch of rainfall shall be infiltrated from all impervious areas, up to an existing site conditions curve number of 83. Above a curve number of 83, Equation 1 or the curve in Figure 1 should be used to determine the infiltration requirement. The retention (infiltration) volume (Rev) required would therefore be computed as:

Rev (Cubic Feet) = (0.42 or I, whichever is less) * impervious area (sq.ft.) / (12 in/ft)

(4)

Soils. A detailed soils evaluation of the project site shall be required where practicable to determine the suitability of recharge facilities. The evaluation shall be performed by a qualified design professional and, at a minimum, address soil permeability, depth to bedrock and subgrade stability. The general process for designing the infiltration BMP shall be:

(a)

Analyze hydrologic soil groups as well as natural and man-made features within the site to determine general areas of suitability for infiltration practices. In areas where development on fill material is under consideration, conduct geotechnical investigations of subgrade stability; infiltration is not permitted to be ruled out without conducting these tests.

(b)

Provide field tests such as double ring infiltrometer or hydraulic conductivity tests (at the level of the proposed infiltration surface) to determine the appropriate hydraulic conductivity rate. Percolation tests are not recommended for design purposes.

(c)

Design the infiltration structure for the required retention (Rev) volume based on field determined capacity at the level of the proposed infiltration surface.

(d)

If on-lot infiltration structures are proposed by the applicant's design professional, it must be demonstrated to the municipality that the soils are conducive to infiltrate on the lots identified.

(5)

Carbonate areas. The applicant is required to investigate the ability of all areas on the site which are not underlain by carbonate rock to meet the infiltration requirements of § 189-10E(3). If this investigation proves infeasible, infiltration can occur on areas underlain by carbonate rock by following the recommended procedure below in conjunction with Figure B-4 in Ordinance Appendix B.[4] However, the applicant is not required to use infiltration in carbonate areas even if the site falls into the Recommended range on Figure B-4 in Ordinance Appendix B. If infiltration is not proposed, the calculated infiltration volume [§ 189-10E(3)] shall be treated by an acceptable BMP.

(a)

Infiltration BMP loading rate percentages in Figure B-4 in Ordinance Appendix B shall be calculated as follows:

(b)

The area tributary to the infiltration BMP shall be weighted as follows:

	Area Description	Weighting
	All disturbed area to be made impervious	100%
	All disturbed areas to be made pervious	50%
	All undisturbed impervious areas	100%
	All undisturbed pervious areas	0%

(c)

Soil thickness is to be measured from the bottom of any proposed infiltration BMP. The effective soil thickness in Figure B-4 in Ordinance Appendix B is the measured soil thickness multiplied by the thickness factor based on soil permeability, as follows:

	Permeability Range (inches per hour)	Thickness Factor
	6.0 to 12.0	0.8
	2.0 to 6.0	1.0
	1.0 to 2.0	1.4
	0.75 to 1.0	1.2
	0.5 to 0.75	1.0

(d)

The design of all facilities over Karst shall include an evaluation of measures to minimize adverse effects.

[4]

Editor's Note: Appendix B is included at the end of this chapter.

(6)

Stormwater hotspots.

(a)

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 Rev requirement shall not be applied to development sites that fit into the hotspot category. (The entire WQv must still be treated.) Second, a greater level of stormwater treatment shall be considered at hotspot sites to prevent pollutant washoff after construction. The EPA's NPDES stormwater program requires some industrial sites to prepare and implement a stormwater pollution prevention plan.

(b)

Examples of hotspots:

[1]

Vehicle salvage yards and recycling facilities.

[2]

Vehicle fueling stations.

[3]

Vehicle service and maintenance facilities.

[4]

Vehicle and equipment cleaning facilities.

[5]

Fleet storage areas (bus, truck, etc.).

[6]

Industrial sites (based on Standard Industrial Codes).

[7]

Marinas (service and maintenance).

[8]

Outdoor liquid container storage.

[9]

Outdoor loading/unloading facilities.

[10]

Public works storage areas.

[11]

Facilities that generate or store hazardous materials.

[12]

Commercial container nursery.

[13]

Other land uses and activities as designated by an appropriate review authority.

(c)

The following land uses and activities are not normally considered hotspots:

[1]

Residential streets and rural highways.

[2]

Residential development.

[3]

Institutional development.

[4]

Office developments.

[5]

Nonindustrial rooftops.

[6]

Pervious areas, except golf courses and nurseries [which may need an integrated pest management (IPM) plan].

(d)

Large highways [average daily traffic volume (ADT) greater than 30,000] are not designated as a stormwater hotspot; however, it is important to ensure that highway stormwater management plans adequately protect groundwater.

(7)

Caution shall be exercised where infiltration is proposed in source water protection areas as defined by the local municipality or water authority.

(8)

Infiltration facilities shall be used in conjunction with other innovative or traditional stormwater control facilities that are found within the PA DEP State BMP Manual.

(9)

Caution shall be exercised where salt or chloride (municipal salt storage) 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 facility and perform a hydrogeologic justification study if necessary.

(10)

The infiltration requirement in high-quality or exceptional value waters shall be subject to the Department's Chapter 93 Antidegradation Regulations.

(11)

Dependent upon certain land use or hotspots, an impermeable liner will be required in detention basins where the possibility of groundwater contamination exists. A detailed hydrogeologic investigation may be required by the municipality.

(12)

The municipality shall require the applicant to provide safeguards against groundwater contamination for land uses that may cause groundwater contamination should there be a mishap or spill.

(13)

For projects that disturb one acre or more, unless otherwise specified in the Zoning Ordinance,[5] the following setbacks for infiltration facilities shall apply:

(a)

One hundred feet from water supply wells.

(b)

Ten feet downslope or 100 feet upslope from building foundations.

(c)

Fifty feet from septic system drainfields.

(d)

Fifty feet from a geologic contact with carbonate bedrock, unless a preliminary site investigation is done in the carbonate bedrock to show the absence of special geologic features within 50 feet of the proposed infiltration area.

(e)

One hundred feet from the property line unless documentation is provided to show all setbacks from wells, foundations and drainfields on the neighboring property will be met.

[5]

Editor's Note: See Ch. 225, Zoning.

Water quality requirements.

(1)

Developed areas shall provide adequate storage and treatment facilities necessary to capture and treat stormwater runoff. The retention volume computed under § 189-10E may be a component of the water quality volume if the applicant chooses to manage both components in a single facility. If the infiltration volume is less than the water quality volume, the remaining water quality volume may be captured and treated by methods other than recharge/infiltration BMPs. The required water quality volume (WQv) is the storage capacity needed to capture and treat a portion of stormwater runoff from the developed areas of the site. To achieve this goal, the following criterion is established:

(a)

The following calculation formula is to be used to determine the water quality storage volume, (WQv), in acre-feet of storage for the Sacony Creek watershed:

WQv = [(P)(Rv)(A)] / 12
Where
WQv	=	Water quality volume (acre-feet).
P	=	1 inch.
A	=	Total contributing drainage area to the water quality BMP (acres).
Rv	=	0.05 + 0.009(l) where I is the percent of the area that is impervious surface [(impervious area / A) * 100].

(b)

This volume requirement can be accomplished by the permanent volume of a wet basin or the detained volume from other BMPs.

(c)

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 provide for protection from clogging and unwanted sedimentation.

(2)

For areas within defined special protection subwatersheds which include exceptional value (EV) and high-quality (HQ) waters, cold water fishery (CWF) the temperature and quality of water and streams shall be maintained.

(3)

To accomplish the above, the applicant shall use innovative or traditional stormwater control facilities that are found within the PA DEP State BMP Manual.

(4)

If a perennial or intermittent stream passes through the site, the applicant shall create a stream buffer extending a minimum of 50 feet to either side of the top-of-bank of the channel. The buffer area shall be maintained with appropriate native vegetation (reference to Appendix F of Pennsylvania Handbook of Best Management Practices for Developing Area for plant lists). If the applicable rear or side yard setback is less than 50 feet, the buffer width may be reduced to 25% of the setback to a minimum of 10 feet. If an existing buffer is legally prescribed (i.e., deed, covenant, easement, etc.) and it exceeds the requirements of this article, the existing buffer shall be maintained. This does not include lakes or wetlands.

Streambank erosion requirements.

(1)

In addition to control of the water quality volume, in order to minimize the impact of stormwater runoff on downstream streambank erosion, the primary requirement is to design a BMP to detain the post-development two-year, twenty-four-hour design storm to the existing conditions one-year peak 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 post-development 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). 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).

(2)

The minimum orifice size in the outlet structure to the BMP shall be a three-inch diameter orifice, and a trash rack shall be installed to prevent clogging. On sites with small contributing drainage areas to this BMP that do not provide enough runoff volume to allow a twenty-four-hour attenuation with the three-inch orifice, the calculations shall be submitted showing this condition. Orifice sizes less than three inches can be utilized, provided that the design will prevent clogging of the intake.

Stormwater management districts.

(1)

The Sacony Creek Watershed has been divided into stormwater management districts as shown in Appendix D[6] and as follows.

[6]

Editor's Note: Appendix D is included at the end of this chapter.

(2)

In addition to the requirements specified in the table below, the groundwater recharge, water quality and streambank erosion control requirements shall be implemented. Development sites located in each of the districts must control post-development runoff rates to predevelopment runoff rates for the design storm as follows:

District	Subareas	Post-Development	Predevelopment
A	1-8, 11, 999	2-year	1-year
		10-year	10-year
		50-year	50-year
B	43-67	2-year	1-year
		10-year	2.33-year
		50-year	10-year
C	9, 10, 12-41	2-year	1-year
		10-year	2.33-year
		50-year	50-year
D	68-72, 75	2-year	1-year
		10-year	2.33-year
		50-year	10-year
E	42, 73-74, 76-92	2-year	1-year
		5-year	5-year
		10-year	10-year
		25-year	25-year
		50-year	50-year
		100-year	100-year

Stormwater Management District implementation provisions (performance standards).

(1)

General. Post-development rates of runoff from any regulated activity shall not exceed the peak release rates of runoff prior to development for the design storms specified in § 189-10H of this article.

[Amended 8-17-2010 by Ord. No. 5-2010]

(2)

District boundaries. The boundaries of the Stormwater Management Districts are shown on an official map which is available for inspections at the Borough municipal building. A copy of the official map at a reduced scale is included in Appendix D. 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)

Sites located in more than one district. For a proposed development site located within two or more release category subareas, the peak discharge rate from any subarea shall be the predevelopment peak discharge for that subarea multiplied by the applicable release rate. 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 if discharges from multiple subareas recombine in proximity to the site. In this case, peak discharge in any direction shall follow Management District A criteria, provided that the overall site discharge meets the management district criteria for which the discharge is located.

(4)

Off-site areas. Off-site areas which 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.

(5)

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 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.

Design criteria for stormwater management facilities.

(1)

Any stormwater facility located on state highway rights-of-way shall be subject to approval by PENNDOT.

(2)

Any stormwater management facility (i.e., detention basin) designed to store runoff and requiring a berm or earthen embankment required or regulated by this article shall be designed to provide an emergency spillway to handle flow up to the one-hundred-year post-development conditions. The height of embankment must be set as to provide a minimum 1.0 foot of freeboard above the maximum pool elevation computed when the facility functions for the one-hundred-year post-Mydevelopment inflow. Should any stormwater management facility require a dam safety permit under 25 Pa. Code Chapter 105 et seq., the facility shall be designed in accordance with 25 Pa. Code Chapter 105 and meet the regulations of 25 Pa. Code Chapter 105 concerning dam safety which may be required to pass storms larger than the one-hundred-year event.

(3)

Any facilities that constitute water obstructions (e.g., culverts, bridges, outfalls of stream enclosures) and any work involving wetlands as directed in the regulations of 25 Pa. Code Chapter 105 et seq. (as amended) shall be designed in accordance with 25 Pa. Code Chapter 105 and will require a permit from PA DEP. Any other drainage conveyance facility that doesn't fall under the regulations of 25 Pa. Code Chapter 105 must be able to convey, without damage to the drainage structure or roadway, runoff from the twenty-five-year design storms with a minimum 1.0 foot of freeboard measured below the lowest point along the top of the roadway. Roadway crossings located within designated floodplain areas must be able to convey runoff from a one-hundred-year design storm with a minimum 1.0 foot of freeboard measured below the lowest point along the top of roadway. Any facility that constitutes a dam as defined in the regulations of 25 Pa. Code Chapter 105 et seq. 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.

(4)

Any drainage conveyance facility and/or channel that doesn't fall under the regulations of 25 Pa. Code Chapter 105 et seq. must be able to convey, without damage to the drainage structure or roadway, runoff from the ten-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 one-hundred-year design storm. Any facility located within a PENNDOT right-of-way must meet PENNDOT minimum design standards and permit submission requirements.

(5)

Storm sewers must be able to convey post-development runoff from a twenty-five-year design storm without surcharging inlets.

(6)

Adequate erosion protection shall be provided along all open channels and at all points of discharge.

(7)

The design of all stormwater management facilities shall incorporate sound engineering principles and practices. The Borough shall reserve the right to disapprove any design that would result in the continuation of an adverse hydrologic or hydraulic condition within the watershed.

(8)

All wet basin designs shall incorporate biologic minimization controls consistent with the West Nile Guidance found in Appendix G.[7]

[7]

Editor's Note: Appendix G is included at the end of this chapter.

(9)

No stormwater detention facility shall be placed within 50 feet of a special geologic feature. No stormwater subsurface conveyance facility shall be constructed within 50 feet of a special geologic feature, unless it is constructed of durable pipe utilizing watertight joints.

Calculation methodology. Stormwater runoff from all development sites shall be calculated using either the Rational Method or a Soil-Cover-Complex methodology.

(1)

Any stormwater runoff calculations involving drainage areas greater than 200 acres, including on- and off-site areas, shall use a generally accepted calculation technique that is based on the NRCS Soil-Cover-Compels Method. Table 1 summarizes acceptable computation methods. It is assumed that all methods will be selected by the design professional based on the individual limitations and suitability of each method for a particular site. The Borough may approve the use of the Rational Method to estimate peak discharges from drainage areas that contain fewer than 200 acres.

Table 1
Acceptable Computation Methodologies for Stormwater Management Plans
Method	Method Developed by	Applicability
TR-20 (or commercial 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	US Army Corps of Engineers	Applicable where use of full hydrologic computer model is desirable or necessary
PSRM	Penn 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 Municipal Engineer
Other methods	Varies	Other computation methodologies approved by the municipality and Municipal Engineer
*NOTE: Successors to the above methods are also acceptable. These successors include WINNTR55 for TR55 and WINTR20 for TR20 and SWMM.

(2)

All calculations consistent with the requirements of this article using the Soil-Cover-Complex Method shall use the appropriate design rainfall depths for the various return period storms presented in Table B-1 in Appendix B[8] of this article. 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 NRCS S-curve as shown in Figure B-1, Appendix B of this article shall be used for the rainfall distribution.

[8]

Editor's Note: Appendix B is included at the end of this chapter.

(3)

For the purposes of predevelopment flow rate determination, undeveloped land shall be considered as meadow condition, unless the natural ground cover generates a lower curve number or Rational "C" value (i.e., forest).

(4)

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 PENNDOT Design Rainfall Curves (1986) (Figure B-3). 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 for channel and pipe flow shall be computed using Manning's equation. NRCS lag equation divided by 0.6 is an acceptable method for Tc in undeveloped areas.

(5)

Runoff curve numbers (CN) 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[9] of this article.

[9]

Editor's Note: Appendix B is included at the end of this chapter.

(6)

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.[10] of this article.

[10]

Editor's Note: Appendix B is included at the end of this chapter.

(7)

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 this article. Full flow shall be assumed for closed conduits. Outlet structures for stormwater management facilities shall be designed to meet the performance standards of this article using any generally accepted hydraulic analysis technique or method.

(8)

The design of any stormwater detention facilities intended to meet the performed standards of this article shall be verified by routing the design storm hydrograph through these facilities using the Storage-Indication Method. For drainage areas greater than 20 acres in size, the design storm hydrograph shall be computed using a calculation method that produces a full hydrograph. The Borough may approve the use of any generally accepted full hydrograph approximation technique which shall use a total runoff volume that is consistent with the volume from a method that produces a full hydrograph.

Limestone and/or sinkhole prone areas.

(1)

The ability to retain and maximize the groundwater recharge capacity of the area being developed is encouraged. Design of the stormwater management facilities shall give consideration to providing groundwater recharge to compensate for the reduction in the percolation that occurs when the ground surface is paved and roofed over. A detailed geologic evaluation of the project site shall be performed to determine the suitability of recharge facilities. The evaluation shall be performed by a qualified geologist and/or soil scientist and at a minimum, address soil permeability, depth to bedrock, susceptibility to sinkhole formation and subgrade stability. Where pervious pavement is permitted for parking lots, recreational facilities, nondedicated streets or other areas, pavement construction specifications shall be noted on the plan.

(2)

Whenever a basin will be located in an area underlain by limestone, a geological evaluation of the proposed location shall be conducted to determine susceptibility to sinkhole formations. The design of all facilities over limestone formations shall include measures to prevent groundwater contamination and, where necessary, sinkhole formation. Soils used for the construction of basins shall have low-erodibility factors ("K" factors). The municipality may require the installation of an impermeable liner in detention basins.

(3)

It shall be the developer's responsibility to verify if the site is underlain by limestone. The following note shall be attached to all drainage plans and signed and sealed by the developer's engineer/surveyor/landscape architect/architect:

I, _______________, certify that the proposed detention basin (circle one) is/is not underlain by limestone.

§ 189-11 Drainage plan requirements.

General requirements. For any of the activities regulated by this article, the final approval of subdivision and/or land development plans, the issuance of any building or occupancy permit or the commencement of any land disturbance activity may not proceed until the property owner or developer or his/her agent has received written approval of a drainage plan from the Borough unless the project qualifies for an exemption from the requirements to submit a drainage plan.

General exemptions. The following land use activities are exempt from the drainage plan submission requirements of this article:

(1)

Use of land for gardening for home consumption.

(2)

Agricultural plowing and tilling are exempt from the rate control and SWM site plan preparation requirements of this article, provided that the activities are performed according to the requirements of 25 Pa. Code, Chapter 102.

(3)

Forest management and timber operations are exempt from the rate control and SWM site plan preparation requirements of this article, provided that the activities are performed according to the requirements of 25 Pa. Code, Chapter 102.

Stormwater quantity control exemption.

(1)

Any regulated activity that meets the impervious area exemption criteria in Table 2 shall not be required to implement the stormwater quantity controls, specified in § 189-10H of this article. These criteria shall apply to the total development even if development is to take place in phases. The date of the municipal ordinance adoption shall be the starting point from which to consider tracts as "parent tracts" in which future subdivisions and respective impervious area computations shall be cumulatively considered. Impervious areas existing on the "parent tract" prior to adoption of this article shall not be considered in cumulative impervious area calculations for exemption purposes.

Table 2
Impervious Area Exemption Criteria
Total Parcel Size (acres)	Minimum Distance* (feet)	Impervious Area Exemption (square feet)
Less than 1/4	0	2,500
More than 1/4 to 1	0	5,000
More than 1 acre	100	10,000
*NOTE: The minimum distance between the proposed impervious area and/or stormwater controls/structures discharge point to the downstream property line.

(2)

Submissions for projects that utilize the exemption under § 189-11C shall reference Ordinance Appendix I[1] to meet the requirements of groundwater recharge (§ 189-10E), water quality (§ 189-10F), and streambank erosion (§ 189-10G) controls of this article. Drainage plans in accordance with § 189-11E(2)(a)[2], (b)[7], [8], [11], [15], [22] and (d)[2] must still be submitted. Any exemption must first be approved by the municipality.

[1]

Editor's Note: Appendix I is included at the end of this chapter.

Additional exemption requirement.

(1)

Exemption responsibilities. An exemption shall not relieve the applicant from implementing such measures as are necessary to protect the public health, safety and property. An exemption shall not relieve the applicant from providing adequate stormwater management for regulated activities to meet the requirements of this article.

(2)

HQ and EV streams. This exemption shall not relieve the applicant from meeting the special requirements for watersheds draining to high-quality (HQ) or exceptional value (EV) waters, identified and source water protection areas (SWPA) and requirements for nonstructural project design sequencing (§ 189-10D, groundwater recharge (§ 189-10E), water quality (§ 189-10F), and streambank erosion (§ 189-10G).

(3)

Drainage problems. If a drainage problem is documented or known to exist downstream of, or expected from the proposed activity, then the municipality may require a drainage plan submittal. All regulated activities occurring in drainage areas tributary to waters designated HQ/EV pursuant to 25 Pa. Code, Chapter 93, shall not change any biological, chemical, or physical characteristics, including volume, rate, velocity, course, current, cross section, or temperature of the waters, unless the activity is specifically permitted in accordance with the environmental laws of the commonwealth.

Drainage plan contents.

(1)

The drainage plan shall consist of a general description of the project including sequencing items described in § 189-10D, calculations, maps and plans. A note on the maps shall refer to the associated computations and erosion and sedimentation control plan by title and date. The cover sheet of the computations and erosion and sedimentation control plan shall refer to the associated maps by title and date. All drainage plan materials shall be submitted to the Borough in a format that is clear, concise, legible, neat and well organized; otherwise, the drainage plan shall be disapproved and returned to the applicant.

(2)

The following items shall be included in the drainage plan:

(a)

General:

[1]

General description of the project including those areas described in § 189-10D.

[2]

General description of the permanent stormwater management techniques, including construction specifications of the materials to be used for stormwater management facilities.

[3]

Complete hydrologic, hydraulic and structural computations for all stormwater management facilities.

[4]

An erosion and sediment control plan, including all reviews and approvals by the Conservation District.

[5]

A general description of nonpoint source pollution controls.

[6]

Regulated activities that create disconnected impervious areas smaller than 1,000 square feet are exempt from the peak rate control and the SWM site plan preparation requirements of this article.

(b)

Map(s) of the project area shall be submitted on twenty-four-inch by thirty-six-inch or thirty-inch by forty-two-inch sheets and shall be prepared in a form that meets the requirements for recording in the offices of the Recorder of Deeds in and for Berks County. The contents of the maps(s) shall include, but not be limited to:

[1]

The location of the project relative to highways, municipalities or other identifiable landmarks.

[2]

Existing contours at intervals of two feet. In areas of steep slopes (greater than 15%), five-foot contour intervals may be used.

[3]

Existing streams, lakes, ponds or other bodies of water within the project area.

[4]

Other physical features, including flood hazard boundaries, sinkholes, streams, stream buffers, existing drainagecourses, areas of natural vegetation to be preserved and the total extent of the upstream area draining through the site.

[5]

The locations of all existing and proposed utilities, sanitary sewers and water lines within 50 feet of property lines.

[6]

An overlay showing soil names and boundaries.

[7]

Limits of earth disturbance, including the type and amount of impervious area that would be added.

[8]

Proposed structures, roads, paved areas and buildings.

[9]

Final contours at intervals of two feet. In areas of steep slopes (greater than 15%), five-foot contour intervals may be used.

[10]

The name of the development, the name and address of the owner of the property and the name of the individual or firm preparing the plan.

[11]

The date of submission.

[12]

A graphic and written scale of one inch equals no more than 50 feet; for tracts of 20 acres or more, the scale shall be one inch equals no more than 100 feet.

[13]

A North arrow.

[14]

The total tract boundary and size with distances marked to the nearest foot and bearings to the nearest degree.

[15]

Existing and proposed land use(s).

[16]

A key map showing all existing man-made features beyond the property boundary that would be affected by the project.

[17]

Horizontal and vertical profiles of all open channels, including hydraulic capacity.

[18]

Overland drainage paths.

[19]

A fifteen-foot-wide access easement around all stormwater management facilities that would provide ingress to and egress from a public right-of-way.

[20]

A note on the plan indicating the location and responsibility for maintenance of stormwater management facilities that would be located on/off site. All on/off site facilities shall meet the performance standards and design criteria specified in this article.

[21]

A construction detail of any improvements made to sinkholes and the location of all notes to be posted, as specified in this article.

[22]

A statement, signed by the landowner, acknowledging the stormwater management system to be a permanent fixture that can be altered or removed only after approval of a revised plan by the Borough and the Conservation District.

[23]

The following signature block for the Borough Engineer:

"I, (Borough Engineer), on this date (date of signature), have reviewed and hereby certify that the drainage plan meets all design standards and criteria of the Sacony Creek Watershed Stormwater Management Regulations."

[24]

The location of all erosion and sedimentation control facilities.

[25]

The following signature block for the Design Engineer:

"I, (Design Engineer), on this date (date of signature), hereby certify that the Drainage Plan meets all design standards and criteria of the Sacony Creek Watershed Act 167 Stormwater Management Ordinance."

(c)

Supplemental information.

[1]

A written description of the following information shall be submitted:

[a]

The overall stormwater management concept for the project designed in accordance with § 189-10D.

[b]

Stormwater runoff computations as specified in this article.

[c]

Stormwater management techniques to be applied, both during and after development.

[d]

Expected project time schedule.

[e]

Development stages (project phases) if so proposed.

[f]

An operation and maintenance plan in accordance with § 189-11E(2)(e), of this article.

[2]

A soil erosion and sedimentation control plan, where applicable, including all reviews and approvals, as required by PA DEP.

[3]

A geologic assessment of the effects of runoff on sinkholes as specified in this article.

[4]

The effect of the project (in terms of runoff volumes and peak flows) on adjacent properties and on any existing municipal stormwater collection system that may receive runoff from the project site.

[5]

A declaration of adequacy and highway occupancy permit from the PENNDOT district office when utilization of a PENNDOT storm drainage system is proposed.

(d)

Stormwater management facilities.

[1]

All stormwater management facilities must be located on a plan and described in detail.

[2]

When groundwater recharge methods, such as seepage pits, beds or trenches, are used, the locations of existing and proposed septic tank infiltration areas and wells must be shown.

[3]

All calculations, assumptions and criteria used in the design of the stormwater management facilities must be shown.

(e)

Responsibilities for operations and maintenance of stormwater controls and BMPs.

[1]

No regulated earth disturbance activities within the municipality shall commence until approval by the municipality of a stormwater control and BMP operations and maintenance plan which describes how the permanent (e.g., post-construction) stormwater controls and BMPs will be properly operated and maintained.

[2]

The following items shall be Included in the stormwater control and BMP operations and maintenance plan:

[a]

Map(s) of the project area, in a form that meets the requirements for recording at the offices of the Recorder of Deeds of Berks County. The contents of the map(s) shall include, but not be limited to:

[i]

Clear identification of the location and nature of permanent stormwater controls and BMPs;

[ii]

The location of the project site relative to highways, municipal boundaries or other identifiable landmarks;

[iii]

Existing and final contours at intervals of two feet or others as appropriate;

[iv]

Existing streams, lakes, ponds, or other bodies of water within the project site area;

[v]

Other physical features, including flood hazard boundaries, sinkholes, streams, existing drainagecourses, and areas of natural vegetation to be preserved;

[vi]

The locations of all existing and proposed utilities, sanitary sewers, and water lines within 50 feet of property lines of the project site;

[vii]

Proposed final changes to the land surface and vegetative cover, including the type and amount of impervious area that would be added;

[viii]

Proposed final structures, roads, paved areas, and buildings; and

[ix]

A fifteen-foot wide access easement around all stormwater controls and BMPs that would provide ingress to and egress from a public right-of-way.

[b]

A description of how each permanent stormwater control and BMP will be operated and maintained, and the identity of the person(s) responsible for operations and maintenance;

[c]

The name of the project site, the name and address of the owner of the property, and the name of the individual or firm preparing the plan; and

[d]

A statement, signed by the landowner, acknowledging that the stormwater controls and BMPs are fixtures that can be altered or removed only after approval by the municipality.

[3]

The stormwater control and BMP operations and maintenance plan for the project site shall establish responsibilities for the continuing operation and maintenance of all permanent stormwater controls and BMPs, as follows:

[a]

If a plan includes structures or lots which are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the municipality, stormwater controls and BMPs may also be dedicated to and maintained by the municipality.

[b]

If a plan includes operations and maintenance by a single ownership, or if sewers and other public improvements are to be privately owned and maintained, then the operation and maintenance of stormwater controls and BMPs shall be the responsibility of the owner or private management entity.

[4]

The municipality shall make the final determination on the continuing operations and maintenance responsibilities. The municipality reserves the right to accept or reject the operations and maintenance responsibility for any or all of the stormwater controls and BMPs.

(f)

Municipality review of stormwater control and BMP operations and maintenance plan.

[1]

The municipality shall review the stormwater control and BMP operations and maintenance plan for consistency with the purposes and requirements of this article, and any permits issued by DEP.

[2]

The municipality shall notify the applicant in writing whether the Stormwater Control and BMP operations and maintenance plan is approved.

[3]

The municipality may require a record drawing of all stormwater controls and BMPs, and an explanation of any discrepancies with the operations and maintenance plan.

Plan submission. For all activities regulated by this article, the steps below shall be followed for submission. For any activities that require an NPDES permit for stormwater discharges from construction activities, a PA DEP joint permit application and are regulated under Chapter 105 (Dam Safety and Waterway Management) or Chapter 106 (Floodplain Management) of PA DEP's Rules and Regulations, require a PENNDOT highway occupancy permit or require any other permit under applicable state or federal regulations, the permits) shall be part of the plan.

(1)

For projects which require SALDO approval, the drainage plan shall be submitted by the applicant as part of the preliminary plan submission where applicable for the regulated activity.

(2)

For these regulated activities that do not require SALDO approval, see § 189-11A, General requirements.

(3)

Four copies of the drainage plan shall be submitted. Distribution of the drainage plan will be as follows:

(a)

Two copies to the Borough accompanied by the requisite Borough review fee, as specified in this article.

(b)

Two copies to the Borough Engineer.

Drainage plan review.

(1)

The Borough Engineer shall review the drainage plan for consistency with the adopted Sacony Creek Watershed Act 167 Stormwater Management Plan. The Borough shall require receipt of a complete plan as specified in this article.

(2)

The Borough Engineer shall review the drainage plan for any submission or land development against the Borough Subdivision and Land Development Regulations[2] not superseded by this article.

[2]

Editor's Note: See Ch. 195, Subdivision and Land Development.

(3)

For activities regulated by this article, the Borough Engineer shall notify the Borough, in writing, within 30 calendar days, whether the drainage plan is consistent with the stormwater management plan. Should the drainage plan be determined to be consistent with the stormwater management plan, the Borough Engineer will forward an approval letter to the Borough Secretary and/or designated representative with a copy to the developer. Should the drainage plan be determined to be inconsistent with the stormwater management plan, the Borough Engineer will forward a disapproval letter to the Borough Secretary and/or designated representative and developer citing the reason(s) for the disapproval. Any disapproved drainage plans may be revised by the developer and resubmitted consistent with this article.

(4)

For regulated activities defined by § 189-4 of this article, which require a building permit, the Borough Engineer shall notify the Borough Code Official, in writing, within a time frame consistent with the building regulations and/or Borough Subdivision and Land Development Regulations,[3] whether the drainage plan is consistent with the stormwater management plan and forward a copy of the approval/disapproval letter to the developer. Any disapproved drainage plan may be revised by the developer and resubmitted consistent with this article.

[Amended 8-17-2010 by Ord. No. 5-2010]

[3]

Editor's Note: See Ch. 77, Building Construction, and Ch. 195, Subdivision and Land Development.

(5)

For regulated activities under this article that require an NPDES permit application, the applicant shall forward a copy of the municipality's letter stating that the drainage plan is consistent with the stormwater management plan to the Conservation District. The DEP and the Conservation District may consider the municipality's review comments in determining whether to issue a permit.

(6)

The Borough shall not approve any subdivision or land development for regulated activities defined by § 189-4 of this article if the drainage plan has been found to be inconsistent with the stormwater management plan, as determined by the Borough Engineer. All required permits from the PA DEP must be obtained prior to approval.

[Amended 8-17-2010 by Ord. No. 5-2010]

(7)

The Borough Code Official shall not approve a building permit application for any regulated activity defined by § 189-4 of this article if the drainage plan has been found to be inconsistent with the stormwater management plan, as determined by the Borough Engineer, or without considering the comments of the Borough Engineer. All required permits from the PA DEP must be obtained prior to issuance of a building permit.

[Amended 8-17-2010 by Ord. No. 5-2010]

(8)

The developer shall be responsible for completing an as-built lar survey of all stormwater management facilities included in the approved drainage plan. The as-built Mylar survey and an explanation of any discrepancies with the design plans shall be submitted to the Borough Engineer for final approval. In no case shall the Borough approve the as-built survey until the Borough receives a copy of an approved declaration of adequacy, highway occupancy permit from the PENNDOT district office, and any applicable permits from the PA DEP.

(9)

The Borough's approval of a drainage plan shall be valid for a period not to exceed one year. This one-year time period shall commence on the date that the Borough signs the approved drainage plan. If stormwater management facilities included in the approved drainage plan have not been constructed, or if an as-built survey of these facilities has not been approved within this one-year time period, then the Borough may consider the drainage plan disapproved and may revoke any and all permits. Drainage plans that are considered disapproved by the Borough shall be resubmitted in accordance with Subsection I of this section.

Modification of plans.

(1)

A modification to a submitted drainage plan for a development site that involves a change in stormwater management facilities or techniques or that involves the relocation or redesign of stormwater management facilities or that is necessary because soil or other conditions are not as stated on the drainage plan as determined by the Borough Engineer shall require a resubmission of the modified drainage plan consistent with Subsection F of this section and be subject to review as specified in Subsection G of this section.

(2)

A modification to an already approved or disapproved drainage plan shall be submitted to the Borough, accompanied by the applicable review fee. A modification to a drainage plan for which a formal action has not been taken by the Borough shall be submitted to the Borough, accompanied by the applicable Borough review fee.

Resubmission of disapproved drainage plans. A disapproved drainage plan may be resubmitted, with the revisions addressing the Borough Engineer's concerns documented, in writing, to the Borough Engineer in accordance with Subsection F of this section and be subject to review as specified in Subsection G of this section. The applicable Borough review fee must accompany a resubmission of a disapproved drainage plan.

§ 189-12 Inspections.

The Borough Engineer or his assignee shall inspect all phases of the installation of the permanent stormwater management facilities.

During any stage of the work, if the Borough Engineer determines that the permanent stormwater management facilities are not being installed in accordance with the approved stormwater management plan, the Borough shall revoke any existing permits and, if required, issue a stop-work order effective until a revised drainage plan is submitted and approved, as specified in this article.

A final inspection of all stormwater management facilities shall be conducted by the municipality or its designee and to confirm compliance with the approved drainage plan prior to the issuance of any occupancy permit.

§ 189-13 Fees and expenses.

General. The fees required by this article are the Borough review fees. The Borough review fee shall be established by the Borough to defray review costs incurred by the Borough and the Borough Engineer. All fees shall be paid by the applicant. The fee schedule shall be adopted from time to time by resolution.

Borough drainage plan review fees. The Borough shall establish a review fee schedule based on the size of the regulated activity and based on the Borough's costs for reviewing drainage plans. The Borough shall periodically update the review fee schedule to ensure that review costs are adequately reimbursed.

Expenses covered by fees. The fees required by this article shall provide for the following:

(1)

Administrative costs.

(2)

The review of the drainage plan, including drainage easements, by the Borough and its engineers and preparation of a written report.

(3)

The site inspections.

(4)

The inspection of stormwater management facilities and drainage improvements during construction and preparation of written reports.

(5)

The final inspection upon completion of the stormwater management facilities and drainage improvements presented in the drainage plan and preparation of a letter of acceptance and/or dedication.

(6)

Any additional work required to enforce any permit provisions regulated by this article, to correct violations and to assure proper completion of stipulated remedial actions and perpetual maintenance of facilities.

§ 189-14 Maintenance responsibilities.

Performance guaranty.

(1)

The applicant shall provide security to the Borough for the timely installation and proper construction of all stormwater management controls as required by the approved stormwater plan and this article equal to 110% of the full construction cost of the required controls, as well as administrative, legal and engineering fees.

(2)

For other regulated activities, the municipality may require a financial guaranty from the applicant.

(3)

At the completion of the project, and as a prerequisite for the release of the performance guaranty the applicant or his representatives shall:

(a)

Provide a certification of completion from an engineer, architect, surveyor or other qualified person verifying that all permanent facilities have been constructed according to the plans and specifications and approved revisions thereto.

(b)

Provide a set of record drawings.

(4)

After the municipality receives the certification, a final inspection shall be conducted by the municipality or designee to certify compliance with this article.

Adherence to approved stormwater control and BMP operations and maintenance plan. It shall be unlawful to alter or remove any permanent stormwater control and BMP required by an approved stormwater control and BMP operations and maintenance plan, or to allow the property to remain in a condition which does not conform to an approved stormwater control and BMP operations and maintenance plan.

Operations and maintenance agreement for privately owned stormwater controls and facilities.

(1)

Prior to final approval of the site's stormwater management plan, the property owner shall sign and record an operations and maintenance agreement with the Borough covering all stormwater control facilities and BMPs which are to be privately owned. The agreement shall be substantially the same as the agreement in Appendix A[1] of this article.

[1]

Editor's Note: Appendix A is included at the end of this chapter.

(2)

Other items may be included in the agreement where determined necessary to guarantee the satisfactory maintenance of all facilities. The maintenance agreement shall be subject to the review and approval of the Borough Solicitor and Borough Council. All legal, administrative and engineering costs incurred by the Borough associated with the agreement or its enforcement shall be the responsibility of the owner.

Stormwater management easements.

(1)

Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the municipality.

(2)

Stormwater management easements shall be provided by the property owner if necessary for access for inspections and maintenance, or preservation of stormwater runoff conveyance, infiltration, and detention areas and other stormwater controls and BMPs, by persons other than the property owner. The purpose of the easement shall be specified in any agreement under Subsection C.

Recording of approved stormwater control and BMP operations and maintenance plan and related agreements.

(1)

The owner of any land upon which permanent stormwater controls and BMPs will be placed, constructed or implemented, as described in the stormwater control and BMP operations and maintenance plan, shall record the following documents in the Office of the Recorder of Deeds for Berks County, within 15 days of approval of the stormwater control and BMP operations plan by the municipality:

(a)

The operations and maintenance plan, or a summary thereof;

(b)

Operations and maintenance agreements under § 189-14C; and

(c)

Easements under § 189-14D.

(2)

The Borough may suspend or revoke any approvals granted for the project site upon discovery of the failure of the owner to comply with this section.

Borough stormwater control and BMP operation and maintenance fund.

(1)

Persons installing stormwater controls or BMPs shall be required to pay a specified amount to the Borough Stormwater Maintenance Fund to help defray costs of periodic inspections and maintenance expenses. The amount of the deposit shall be determined as follows:

(a)

If the stormwater control or BMP is to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by the Borough for a period of 10 years, as estimated by the Borough Engineer. After that period of time, inspections will be performed at the expense of the Borough.

(b)

If the stormwater control or BMP is to be owned and maintained by the Borough, the deposit shall cover the estimated costs for maintenance and inspections for 10 years. The Borough Engineer will establish the estimated costs utilizing information submitted by the applicant.

(c)

The amount of the deposit to the fund shall be converted to present worth of the annual series values. The Borough Engineer, after research and consultation, shall determine the present worth equivalents which shall be subject to the approval of the Borough Council.

(2)

If a stormwater control or BMP is proposed that also serves as a recreation facility (e.g., ballfield, lake), the Borough may reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreation purpose.

(3)

If, at some future time, a stormwater control or BMP (whether publicly or privately owned) is eliminated due to the installation of storm sewers or other storage facility, the unused portion of the maintenance fund deposit will be applied to the cost of abandoning the facility and connecting to the storm sewer system or other facility. Any amount of the deposit remaining after the costs of abandonment are paid will be returned to the depositor.

(4)

If stormwater controls or BMPs are accepted by the municipality for dedication, the municipality may require persons installing stormwater controls or BMPs to pay a specified amount to the municipal Stormwater Control and BMP Operation and Maintenance Fund, to help defray costs of operations and maintenance activities. The amount may be determined as follows:

(a)

If the stormwater control or BMP is to be owned and maintained by the municipality, the amount shall cover the estimated costs for operations and maintenance for 10 years, as determined by the municipality.

(b)

The amount shall then be converted to present worth of the annual series values.

(5)

[2]Long-term maintenance. The municipality shall require applicants to pay a fee to the Municipal Stormwater Maintenance Fund to cover long-term maintenance of stormwater control and best management practices.

[2]

Editor's Note: Former Subsection F(5), which provided for adjustment if the stormwater control or BMP also served as a recreation facility, was repealed 8-17-2010 by Ord. No. 5-2010. This ordinance also renumbered Subsection F(6) and (7) as Subsection F(5) and (6).

(6)

Stormwater related problems. The municipality may require applicants to pay a fee to the Municipal Stormwater Maintenance Fund to cover stormwater-related problems which may arise from the land development and earth disturbance.

Post-construction maintenance inspections.

(1)

Basins should be inspected by the land owner/developer or responsible entity (including the Borough Engineer for dedicated facilities) on the following basis:

(a)

Annually for the first five years.

(b)

Once every three to five years thereafter.

(c)

Immediately after the cessation of a one-hundred-year or greater storm event.

(2)

The entity conducting the inspection should be required to submit a report to the Borough regarding the condition of the facility and recommending necessary repairs, if needed.

§ 189-15 Enforcement; violations and penalties; appeals; when effective.

Right-of-entry.

(1)

Upon presentation of proper credentials, duly authorized representatives of the Borough may enter at reasonable times upon any property within the Borough to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this article.

(2)

Stormwater control and BMP owners and operators shall allow persons working on behalf of the municipality ready access to all parts of the premises for the purposes of determining compliance with this article.

(3)

Persons working on behalf of the municipality shall have the right to temporarily locate on any stormwater control or BMP in the municipality such devices as are necessary to conduct monitoring and/or sampling of the discharges from such stormwater control or BMP.

(4)

Unreasonable delays (more than 24 hours) in allowing the municipality access to a stormwater control or BMP is a violation of this article.

Notification. In the event that a person fails to comply with the requirements of this article or fails to conform to the requirements of any permit issued hereunder, the Borough shall provide written notification of the violation. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violation(s). Failure to comply within the time specified shall subject such person to the penalty provisions of this article. All such penalties shall be deemed cumulative. The Borough shall have the right to pursue any administrative and/or judicial remedy available to it in addition to the specific remedies set forth herein. It shall be the responsibility of the owner of the real property on which any regulated activity is proposed to occur, is occurring or has occurred to comply with the terms and conditions of this article.

Public nuisance.

(1)

Any violation of any provision of this article is deemed a public nuisance.

(2)

Each day that a violation of any provision continues constitutes a separate violation of this article.

Enforcement generally.

(1)

Whenever the municipality finds that a person has violated a prohibition or failed to meet a requirement of this article, the municipality may order compliance by written notice to the responsible person. Such notice may require without limitation:

(a)

The performance of monitoring, analyses, and reporting;

(b)

The elimination of prohibited connections or discharges;

(c)

Cessation of any violating discharges, practices, or operations;

(d)

The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

(e)

Payment of a fine to cover administrative and remediation costs;

(f)

The implementation of stormwater controls and BMPs; and

(g)

Operation and maintenance of stormwater controls and BMPs.

(2)

Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violations(s). Said notice may further advise that, if applicable, should the violator fail to take the required action within the established deadline, the work will be done by the municipality or designee and the expense thereof shall be charged to the violator.

(3)

Failure to comply within the time specified shall also subject such person to the penalty provisions of this article. All such penalties shall be deemed cumulative and shall not prevent the municipality from pursuing any and all other remedies available in law or equity.

Suspension and revocation of permits and approvals.

(1)

Any building, land development or other permit or approval issued by the municipality may be suspended or revoked, in whole or in part, by the municipality for:

(a)

Noncompliance with or failure to implement any provision of the permit;

(b)

A violation of any provision of this article; or

(c)

The creation of any condition or the commission of any act during construction or development which constitutes or creates a hazard or nuisance, pollution or which endangers the life or property of others.

(2)

A suspended permit or approval may be reinstated by the municipality, in whole or in part, when:

(a)

The municipality or designee has inspected and approved the corrections to the stormwater controls and BMPs, or the elimination of the hazard or nuisance; and/or

(b)

The municipality is satisfied that the violation of the article, law, or rule and regulation has been corrected.

(3)

A permit or approval which has been revoked in whole or in part by the municipality cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this article.

Liability disclaimer.

(1)

Neither the granting of any approval nor the compliance with the provisions of this article or with any condition imposed by the Borough, its officials, employees or designated representatives hereunder shall relieve any person from any responsibility for damage to persons or property resulting therefrom, or as otherwise imposed by law, nor impose any liability upon the Borough, its officials, employees or designated representatives.

(2)

The granting of any permit which includes any stormwater management requirements shall not constitute a representation, guaranty or warranty of any kind by the Borough, its officials, employees or designated representatives thereof of the practicability or safety of any stormwater structure or facility, use or other plan proposed and shall create no liability or cause of action against the Borough, its officials, employees or designated representatives for any damage that may result.

Penalties.

(1)

Any person who has violated any provisions of this article shall, upon a judicial determination thereof, be subject to civil judgment for each such violation of not more than $1,000 nor less than $500, plus costs of suit. Each day that a violation occurs shall constitute a separate offense. All fines resulting from a civil judgment shall be paid to the Borough.

(2)

In addition, the Borough may issue stop-work orders, seek injunctive, mandamus or any other appropriate relief or proceeding at law or in equity for the enforcement of this article.

Enforcement. The municipal governing body is hereby authorized and directed to enforce all of the provisions of this article. All inspections regarding compliance with the drainage plan shall be the responsibility of the municipality or other qualified persons designated by the municipality.

(1)

A set of design plans approved by the municipality shall be on file at the site throughout the duration of the construction activity. Periodic inspections may be made by the municipality or designee during construction.

(2)

Adherence to approved plan. It shall be unlawful for any person, firm or corporation to undertake any regulated activity defined by § 189-4 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this article. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this article or to allow the property to remain in a condition which does not conform to the approved drainage plan.

[Amended 8-17-2010 by Ord. No. 5-2010]

(3)

At the completion of the project, and as a prerequisite for the release of the performance guarantee, the owner or his representatives shall:

(a)

(b)

Provide a set of as-built (record) drawings.

(4)

After receipt of the certification by the municipality, a final inspection shall be conducted by the municipality or designated representative to certify compliance with this article.

(5)

Prior to revocation or suspension of a permit and at the request of the applicant, the governing body will schedule a hearing to discuss the noncompliance if there is no immediate danger to life, public health or property. The expense of a hearing shall be the owner's responsibility.

(6)

Occupancy permit. An occupancy permit shall not be issued unless the certification of completion pursuant to § 189-15H(3)(a) has been secured. The occupancy permit shall be required for each lot owner and/or applicant for all subdivisions and land development in the municipality.

Appeals. Any person aggrieved by any decision of the Borough of Kutztown Council may appeal to the County Court of Common Pleas of Berks County, Pennsylvania, within 30 days of that decision.

Effective date. This article shall be in force and effect on the earliest date allowed by law.

§ 189-16 Prohibited actions.

Prohibited discharges and connections.

(1)

Any drain or conveyance, whether on the surface or subsurface, which allows any non-stormwater discharge including sewage, process wastewater, and wash water to enter the waters of this commonwealth is prohibited.

(2)

No person shall allow, or cause to allow, discharges into surface waters of this commonwealth which are not composed entirely of stormwater, except as provided in Subsection A(3) below, and discharges allowed under a state or federal permit.

[Amended 8-17-2010 by Ord. No. 5-2010]

(3)

The following discharges are authorized unless they are determined to be significant contributors to pollution to the waters of this commonwealth:

(a)

Discharges from fire-fighting activities.

(b)

Potable water sources, including water line flushing.

(c)

Irrigation drainage.

(d)

Air conditioning condensate.

(e)

Springs.

(f)

Water from crawl space pumps.

(g)

Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used.

(h)

Flows from riparian habitats and wetlands.

(i)

Uncontaminated water from foundations or from footing drains.

(j)

Lawn watering.

(k)

Dechlorinated swimming pool discharges.

(l)

Uncontaminated groundwater.

(m)

Water from individual residential car washing.

(n)

Routine external building wash down (which does not use detergents or other compounds).

(4)

In the event that the municipality or DEP determines that any of the discharges identified in Subsection A(3) significantly contribute to pollution of the waters of this commonwealth, the municipality or DEP will notify the responsible person(s) to cease the discharge.

[Amended 8-17-2010 by Ord. No. 5-2010]

Roof drains. Roof drains and sump pumps shall discharge to infiltration or vegetative BMPs and to the maximum extent practicable satisfy the criteria for disconnected impervious areas.

Alteration of SWM BMPs. No person shall modify, remove, fill, landscape, or alter any SWM BMPs, facilities, areas, or structures, without the written approval of the municipality.