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 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.
The applicant shall comply with the following water quality
requirements of this article:
A. No regulated earth disturbance activities within the Borough shall
commence until approval by the Borough of a plan which demonstrates
compliance with post-construction state water quality requirements.
B. The BMPs shall be designed, implemented, and maintained to meet state
water quality requirements and any other more stringent requirements
as determined by the Borough.
C. To control post-construction 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 post-construction
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) Stream bank and streambed protection: management of volume and rate
of post-construction stormwater discharges to prevent physical degradation
of receiving waters (e.g., from scouring).
D. Developed areas shall provide adequate storage and treatment facilities necessary to capture and treat stormwater runoff. The retention volume computed under §
290-21 may be a component of the water quality volume if the applicant chooses to manage both components in a single facility. If the retention volume is less than the water quality volume, the remaining water quality volume may be captured and treated by methods other than infiltration BMPs. The required water quality volume (WQ
v) 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:
(1) The following calculation formula is to be used to determine the
water quality storage volume (WQv) in acre-feet
of storage required by this chapter:
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Where:
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WQv
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=
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Water quality volume (acre-feet)
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P
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=
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1 inch
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A
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=
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Area of the project contributing to the water quality BMP (acres)
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Rv
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=
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0.05 + 0.009(1) where I is the percent of the area that is impervious
surface [(impervious area/A)* 100]
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(2) This volume requirement can be accomplished by the permanent volume
of a wet basin or the detained volume from other BMPs. Where appropriate,
wet basins shall be utilized for water quality control and shall follow
the guidelines of the BMP manuals referenced in Appendix G.
(3) 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.
E. For areas within defined special protection subwatersheds that include
EV and HQ waters, the temperature and quality of water and streams
shall be maintained through the use of temperature sensitive BMPs
and stormwater conveyance systems.
F. To accomplish the above, the applicant shall submit original and
innovative designs to the Borough Engineer for review and approval.
Such designs may achieve the water quality objectives through a combination
of different BMPs.
G. If a perennial or intermittent stream passes through the site, the
applicant shall create a stream buffer extending a minimum of 25 feet
to either side of the top-of-bank of the channel. The buffer area
shall be maintained with and encouraged to use appropriate native
vegetation (refer to Appendix H of the Pennsylvania Handbook of Best
Management Practices for Developing Areas 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 chapter, the
existing buffer shall be maintained. This does not include lakes or
wetlands.
H. Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office must be provided to the Borough. The issuance of an NPDES construction permit [or permit coverage under the statewide general permit (PAG-2)] satisfies the requirements of Subsection
A.