[Amended 9-26-2022 by Ord. No. 2022-4]
A.
For all regulated activities, unless preparation of an SWM site plan is specifically exempted in § 252-11:
B.
SWM site plans approved by the Township, in accordance with § 252-26, shall be on site throughout the duration of the regulated activity.
C.
The Township may, after consultation with DEP, approve measures for meeting the state water quality requirements other than those in this chapter, provided that they meet the minimum requirements of, and do not conflict with, state law including, but not limited to, the Clean Streams Law. The Township shall maintain a record of consultations with DEP pursuant to this subsection. Where the Township identifies a potential water quality issue raised by an application or project, the application or project information will be forwarded to PA DEP for consultation, along with the proposed Township decision on the application or project. If the Township does not receive a response from PA DEP within 15 business days from DEP receipt, the Township will issue its decision to the applicant noting that the PA DEP has not responded to the consultation.
(1)
DEP is not required to be consulted for waiver of the requirements within:
D.
For all regulated earth disturbance activities, erosion and sediment control BMPs shall be designed, implemented, operated, and maintained during the regulated earth disturbance activities, i.e., during construction, to meet the purposes and requirements of this chapter and to meet all requirements under Title 25 of the Pennsylvania Code and the Clean Streams Law. Various BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual (E&S Manual) 2, No. 363-2134-008 (April 15, 2000), as amended and updated.
F.
Impervious areas.
(1)
The measurement of impervious areas shall include all of the impervious areas in the total proposed development even if development is to take place in phases.
(2)
For development taking place in phases, the entire development plan must be used in determining conformance with this chapter.
(3)
For projects that add impervious area to a parcel, the total impervious area on the parcel is subject to the requirements of this chapter; except that the volume controls in § 252-12, especially Subsection A(2)(b), and the peak rate controls of § 252-13, especially Subsection A, do not need to be retrofitted to existing impervious areas that are not being altered by the proposed regulated activity. An existing impervious area is considered to be altered when it is physically changed by the proposed regulated activity, except that maintenance work of an existing impervious surface (i.e. repaving, reroofing, etc.) shall not be considered alteration.
G.
Stormwater flows onto adjacent property shall not be created, increased, decreased, relocated, or otherwise altered without written notification of the adjacent property owner(s). Such stormwater flows shall be subject to the requirements of this chapter.
H.
All regulated activities shall include such measures as necessary to:
(1)
Protect health, safety, and property;
(2)
Meet the water quality goals of this chapter, as stated in § 252-3, Purpose, by implementing measures to:
(a)
Minimize disturbance to floodplains, wetlands, wooded areas, and existing vegetation.
(b)
Maintain or extend riparian buffers.
(c)
Avoid erosive flow conditions in natural flow pathways.
(d)
Minimize thermal impacts to waters of this commonwealth.
(e)
Disconnect impervious surfaces by directing runoff to pervious areas, wherever possible.
(f)
Minimize soil disturbance and compaction. Topsoil, if removed, shall be replaced to a minimum depth equal to its depth prior to removal or four inches, whichever is greater. (Additional topsoil may be needed for vegetation other than sod.)
(3)
Incorporate methods described in the Pennsylvania Stormwater Best Management Practices Manual (BMP Manual, see § 252-45C). If methods other than green infrastructure and LID methods are proposed to achieve the volume and rate controls required under this chapter, the SWM site plan must include a detailed justification demonstrating that the use of LID and green infrastructure is not practicable.
I.
The design of all facilities in areas of carbonate geology or karst topography shall include an evaluation of measures to minimize adverse effects, including hydrogeologic studies if required by the Township.
J.
Infiltration BMPs shall be spread out, made as shallow as practicable, and located to maximize use of natural on-site infiltration features while still meeting the other requirements of this chapter. In addition, infiltration BMPs shall include pretreatment BMPs where appropriate.
K.
All natural streams, channels, swales, drainage systems and/or areas of surface water concentration shall be maintained in their existing condition unless an alteration is approved by the Township. All encroachment activities shall comply with the requirements of PA DEP 25 Pa. Code Chapter 105 (Water Obstructions and Encroachments), Rules and Regulations of PA DEP. Any approvals or permits issued do not relieve compliance as referenced in § 252-6, Compatibility with other permit and ordinance requirements.
L.
All stormwater management facilities (excluding individual residential underground infiltration facilities) are considered structures and must comply with building setback requirements. The outside toe of slope of the embankment in a fill condition or the top of embankment in a cut condition shall be considered as the point that must meet the setback requirements. Individual residential underground infiltration facilities shall be a minimum of 10 feet from the property line. Discharge of controlled flows can be no closer to an adjacent property than two times the length of the required discharge rip-rap apron. This requirement applies to discharge aprons that do not outlet to a defined waterway or an existing storm sewer. Minimum distance is 10 feet.
M.
All storage facilities shall completely drain both the volume control and rate control capacities over a period of time not less than 24 hours and not more than 72 hours from the end of the design storm. However, any designed infiltration at such facilities is exempt from the minimum twenty-four-hour standard, i.e., may infiltrate in a shorter period of time, so long as none of the stormwater flowing into the infiltration facility is discharged directly into the surface waters of the commonwealth. (Inordinately rapid infiltration rates may indicate the presence of large fractures or other conditions for which an additional soil buffer may be required.)
N.
The design storm volumes and precipitation intensities to be used in the analysis of discharge or runoff shall be obtained from the Precipitation-Frequency Atlas of the United States, Atlas 14, Volume 2, Version 3.0, U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), National Weather Service, Hydrometeorological Design Studies Center, Silver Spring, Maryland. NOAA's Atlas 14 website is provided in Appendix D.[1]
[1]
Editor's Note: Appendix D is included as an attachment to this chapter.
O.
For all regulated activities, SWM BMPs shall be designed, implemented, operated, and maintained to meet the purposes and requirements of this chapter and to meet all requirements under Title 25 of the Pennsylvania Code, the Clean Streams Law, and the Stormwater Management Act.
P.
Various BMPs and their design standards are listed in the BMP Manual.
Q.
All work shall be in accordance with the Township's Construction and Material Specifications.
R.
The technical standards provided within this chapter are considered the baseline for the design and layout of an SWM site plan. Use of other alternative and innovative designs for controlling stormwater runoff may be permitted when approved by the Township Engineer.