A.
All regulated earth disturbance activities within the municipality
shall be designed, implemented, operated and maintained to meet the
purposes of this chapter, through these two elements:
B.
No regulated earth disturbance activities within the municipality
shall commence until the requirements of this chapter are met.
C.
Erosion and sediment control during regulated earth disturbance activities shall be addressed as required by § 88-10.
E.
All best management practices (BMPs) used to meet the requirements
of this chapter shall conform to the state water quality requirements
and any more stringent requirements as determined by the municipality.
F.
Use of low-impact development techniques are encouraged because they
reduce the costs of complying with the requirements of this chapter
and the state water quality requirements. A list of approved techniques
is available in the Office of the Community Development.
The following permit requirements may apply to certain regulated
earth disturbance activities, and must be met prior to commencement
of regulated earth disturbance activities, as applicable:
A.
All regulated earth disturbance activities subject to permit requirements
by DEP under regulations at 25 Pa. Code Chapter 102.
C.
Any stormwater management facility that would be located in or adjacent to surface waters of the Commonwealth, including wetlands, subject to permit by DEP under 25 Pa. Code Chapter 105.
D.
Any stormwater management facility that would be located on a state
highway right-of-way, or require access from a state highway, shall
be subject to approval by the Pennsylvania Department of Transportation
(PENNDOT).
A.
No regulated earth disturbance activities within the municipality
shall commence until approval by the municipality of an erosion and
sediment control plan for construction activities.
B.
DEP has regulations that require an erosion and sediment control
plan for any earth disturbance activity of 5,000 square feet or more,
under 25 Pa. Code § 102.4(b).
C.
In addition, under 25 Pa. Code Chapter 92, a DEP NPDES construction activities permit is required for regulated earth disturbance activities.
D.
Evidence of any necessary permit(s) for regulated earth disturbance
activities from the appropriate DEP regional office or County Conservation
District must be provided to the municipality.
E.
A copy of the Erosion and Sediment Control plan and any required
permit, as required by DEP regulations, shall be available at the
project site at all times.
A.
No regulated earth disturbance activities within the municipality
shall commence until approval by the municipality of a plan which
demonstrates compliance with state water quality requirements after
construction is complete.
B.
The BMPs must be designed, implemented and maintained to meet state
water quality requirements and any other more stringent requirements
as determined by the municipality.
C.
To control postconstruction stormwater impacts from regulated earth
disturbance activities, state water quality requirements can be met
by BMPs, including site design, which provide for replication of preconstruction
stormwater infiltration and runoff conditions, so that postconstruction
stormwater discharges do not degrade the physical, chemical or biological
characteristics of the receiving waters. As described in the DEP Comprehensive
Stormwater Management Policy (#392-0300-002, September 28, 2002),
this may be achieved by the following:
(1)
Infiltration: replication of preconstruction stormwater infiltration
conditions;
(2)
Treatment: use of water quality treatment BMPs to ensure filtering
out of the chemical and physical pollutants from the stormwater runoff;
and
(3)
Streambank and streambed protection: management of volume and rate
of postconstruction stormwater discharges to prevent physical degradation
of receiving waters (e.g., from scouring).
D.
DEP has regulations that require municipalities to ensure design,
implementation and maintenance of best management practices (BMPs)
that control runoff from new development and redevelopment after regulated
earth disturbance activities are complete. These requirements include
the need to implement postconstruction stormwater BMPs with assurance
of long-term operations and maintenance of those BMPs.
E.
Evidence of any necessary permit(s) for regulated earth disturbance
activities from the appropriate DEP regional office must be provided
to the municipality.