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:
(1) 
Erosion and sediment control during the earth disturbance activities (e.g., during construction); and
(2) 
Water quality protection measures after completion of earth disturbance activities (e.g., after construction), including operations and maintenance.
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 § 106-10.
D. 
Postconstruction water quality protection shall be addressed as required by § 106-11. Operations and maintenance of permanent stormwater BMPs shall be addressed as required by Article IV.
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. 
Techniques described in Appendix A (Low Impact Development Practices)[1] of this chapter are encouraged because they reduce the costs of complying with the requirements of this chapter and the state water quality requirements.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
The following permit requirements may apply to certain regulated earth disturbance activities and must be met prior to commencement of regulated earth disturbance activities, as applicable:
A. 
All regulated earth disturbance activities subject to permit requirements by DEP under regulations at 25 Pa. Code Chapter 102.
B. 
Work within natural drainageways subject to permit by DEP under 25 Pa. Code Chapter 105.
C. 
Any stormwater management facility that would be located in or adjacent to surface waters of the commonwealth, including wetlands, subject to permit by DEP under 25 Pa. Code Chapter 105.
D. 
Any stormwater management facility that would be located on a state highway right-of-way or require access from a state highway shall be subject to approval by the Pennsylvania Department of Transportation (PENNDOT).
E. 
Culverts, bridges, storm sewers or any other facilities which must pass or convey flows from the tributary area and any facility which may constitute a dam subject to permit by DEP under 25 Pa. Code Chapter 105.
A. 
No regulated earth disturbance activities within the municipality shall commence until approval by the municipality of an erosion and sediment control plan for construction activities.
B. 
DEP has regulations that require an erosion and sediment control plan for any earth disturbance activity of 5,000 square feet or more under 25 Pa. Code § 102.4(b).
C. 
In addition, under 25 Pa. Code Chapter 92, a DEP NPDES construction activities permit is required for regulated earth disturbance activities.
D. 
Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office or County Conservation District must be provided to the municipality. The issuance of an NPDES construction permit [or permit coverage under the statewide general permit (PAG-2)] satisfies the requirements of Subsection A.
E. 
A copy of the erosion and sediment control plan and any required permit, as required by DEP regulations, shall be available at the project site at all times.
A. 
No regulated earth disturbance activities within the municipality shall commence until approval by the municipality of a plan which demonstrates compliance with state water quality requirements after construction is complete.
B. 
The BMPs must be designed, implemented and maintained to meet state water quality requirements and any other more stringent requirements as determined by the municipality.
C. 
To control postconstruction stormwater impacts from regulated earth disturbance activities, state water quality requirements can be met by BMPs, including site design, which provide for replication of preconstruction stormwater infiltration and runoff conditions so that postconstruction stormwater discharges do not degrade the physical, chemical or biological characteristics of the receiving waters. As described in the DEP Comprehensive Stormwater Management Policy (No. 392-0300-002, September 28, 2002), this may be achieved by the following:
(1) 
Infiltration: replication of preconstruction stormwater infiltration conditions;
(2) 
Treatment: use of water quality treatment BMPs to ensure filtering out of the chemical and physical pollutants from the stormwater runoff; and
(3) 
Streambank and streambed protection: management of volume and rate of postconstruction stormwater discharges to prevent physical degradation of receiving waters (e.g., from scouring).
D. 
DEP has regulations that require municipalities to ensure design, implementation and maintenance of best management practices (BMPs) that control runoff from new development and redevelopment after regulated earth disturbance activities are complete. These requirements include the need to implement postconstruction stormwater BMPs with assurance of long-term operations and maintenance of those BMPs.
E. 
Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office must be provided to the municipality. The issuance of an NPDES construction permit [or permit coverage under the state wide general permit (PAG-2)] satisfies the requirements of Subsection A.
F. 
BMP operations and maintenance requirements are described in Article IV of this chapter.