A.
Applicants proposing regulated activities in the Township which do not fall under the exemption criteria shown in § 174-8 shall submit a drainage plan consistent with this chapter to the Township for review. The stormwater management criteria of this chapter shall apply to the total proposed development even if development is to take place in stages.
B.
The applicant is required to explore and submit 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.
C.
The drainage plan must be designed consistent with the sequencing provisions of § 174-19 to ensure maintenance of the natural hydrologic regime, to promote groundwater recharge, and to protect groundwater and surface water quality and quantity. The drainage plan designer must proceed sequentially in accordance with Article V of this chapter.
D.
Stormwater drainage systems shall be designed in order to permit unimpeded flow along natural watercourses.
E.
Stormwater flows onto adjacent property shall not be created, increased, decreased, relocated, or otherwise altered without the permission of the adjacent property owner(s). Such stormwater flows shall be subject to the requirements of this chapter. Existing points of concentrated drainage that discharge onto adjacent property shall not be altered in any manner which could cause property damage without permission of the affected property owner(s) and shall be subject to any applicable discharge criteria specified in this chapter. Proof of permission from all affected property owners shall be submitted in writing to the Township prior to issuance of a permit.
F.
Areas of existing diffused drainage discharge, whether proposed to be concentrated or maintained as diffused drainage areas, shall be subject to any applicable discharge criteria in the general direction of existing discharge, except as otherwise provided by this chapter. If diffused drainage discharge is proposed to be concentrated and discharged onto adjacent property, the applicant must document that adequate downstream conveyance facilities exist to safely transport the concentrated discharge or otherwise prove that no accelerated erosion, sedimentation, flooding, or other impacts will result from the concentrated discharge. Proof of permission from all affected property owners shall be submitted to the Township prior to issuance of a stormwater and grading permit.
G.
Where a development site is traversed by existing streams, drainage easements shall be provided conforming to the line of such streams. At a minimum, the drainage easement shall include the streambed, banks, and 10 feet extending from the top of each bank. It is recommended that the drainage easement also includes the limits of the one-hundred-year floodway.
H.
Minimization of impervious surfaces and the use of green roofs, and infiltration of runoff through seepage beds, infiltration trenches, rain gardens, etc., is encouraged where soil conditions permit in order to reduce the size or eliminate the need for detention facilities or other structural BMPs.
I.
All stormwater runoff shall be pretreated for water quality prior to discharge to surface or groundwater. Pretreatment devices may consist of a variety of BMPs, such as vegetative swales, water quality inlet devices, bioretention areas or rain gardens, etc., and are subject to review and approval by the Township Engineer. Pretreatment devices should be examined for pollutant removal efficiency for specific types of pollutants generated by proposed land development activities.
J.
All regulated activities within the Township shall be designed, implemented, operated, and maintained to meet the purposes of this chapter, through these two elements:
K.
No regulated earth disturbance activities within the Township shall commence until the requirements of this chapter are met.
M.
Operations and maintenance of permanent stormwater BMPs shall be addressed as required by Article VIII.
O.
In selecting the appropriate BMPs or combinations thereof, the applicant shall consider the following:
(1)
Total contributing area.
(2)
Permeability and infiltration rate of the site's soils.
(3)
Slope and depth to bedrock.
(4)
Seasonal high water table.
(5)
Proximity to building foundations, wellheads, and on-site wastewater disposal systems.
(6)
Erodibility of soils.
(7)
Land availability and configuration of the topography.
(8)
Peak discharge and required volume control.
(9)
Stream bank erosion.
(10)
Efficiency of the BMPs to mitigate potential water quality problems.
(11)
The volume of runoff that will be effectively treated.
(12)
The nature of the pollutant being removed.
(13)
Maintenance requirements.
(14)
Creation/protection of aquatic and wildlife habitat.
(15)
Recreational value.
P.
The stormwater management criteria are to be met on site to the maximum extent possible to comply with the requirements of this chapter. In specific cases where the applicant has demonstrated, to the satisfaction of the Township Engineer, that the requirements of this chapter cannot be achieved on site with the use of nonstructural and structural stormwater BMPs, the applicant may, with Township approval, meet the stormwater management criteria through off-site stormwater management measures as long as the proposed measures are in the same subwatershed. It is strongly recommended that such off-site area be located upstream of the proposed developed site. It will be the applicant's responsibility to locate adequate off-site areas and obtain all easements, agreements and permits to construct such facilities on property other than that which is proposed to be developed and currently owned by the applicant. All easements, agreements and permits must be obtained and provided along with the stormwater plan submission to the Township for review and approval prior to the start of any construction activities. Furthermore, these agreements and plans will be recorded at the office of the Recorder of Deeds for Chester County and two copies of those dated/signed plans provided to the Township.