A.
Any person or entity intending to engage in a regulated activity shall, prior to commencing the regulated activity, apply for and obtain a stormwater management permit and comply with the requirements of this chapter. An application for stormwater management permit and SWM site plan approval shall be submitted on a form prescribed by the municipality accompanied by the required fee. Prior to the commencement of any of the regulated activities set forth in § 165-4 of this chapter, a stormwater management permit and SWM site plan must be approved in writing by the Township. SWM site plans approved by the municipality shall be on site throughout the duration of the regulated activity.
B.
The stormwater management and runoff control criteria and standards in this chapter shall apply to the total proposed regulated activity, even if it is to take place in stages. The measurement of impervious surfaces shall include all of the impervious surfaces in the total proposed regulated activity even if the development is to take place in stages.
C.
No regulated activity within the municipality shall commence until:
(1)
The municipality issues the stormwater management permit and approval of a SWM site plan which demonstrates compliance with the requirements of this chapter; and
(2)
The applicant has received a letter of adequacy or approval for the erosion and sediment control plan review by the municipality and the Conservation District (if required), and has received all other local, state and federal permit approvals required for the project involving the regulated activity.
D.
Neither submission of an SWM site plan under the provisions herein nor compliance with the provisions of this chapter shall relieve any person from responsibility for damage to any person or property otherwise imposed by law.
E.
The applicant shall design the site to minimize disturbances to land, site hydrology, and natural resources, and to maintain the natural hydrologic regime, drainage patterns and flow conditions. The applicant shall apply the procedures set forth in § 165-18 for the overall site design and for selection, location and design of features and BMPs to be used to comply with the requirements of this chapter.
F.
To the maximum extent practicable, postconstruction stormwater shall be discharged within the drainage area of the same stream or water body receiving the runoff prior to construction of the proposed regulated activity.
G.
For regulated activities with one acre or more of proposed earth disturbance, existing drainage peak rate discharges up to and including the one-hundred-year storm onto or through adjacent properties or downgradient properties, including diffuse drainage discharge, shall not be altered in any manner without written permission from, and where applicable as determined by the municipality an easement and agreement with, the affected landowners for conveyance of discharges onto or through their properties. Such discharge shall be subject to any applicable discharge criteria specified in this chapter.
(1)
For regulated activities with one acre or less of proposed earth disturbance the applicant shall provide written notification to the affected landowners describing the proposed regulated activity and proposed discharge(s), unless otherwise required by the municipality.
H.
Areas located outside of the site (i.e., areas outside of the regulated activity) that drain through a proposed site are not subject to water quality and volume control, infiltration, stream channel protection, or peak flow rate control requirements (as presented in §§ 165-19, 165-20, 165-21 and 165-22). Drainage facilities located on the site shall be designed to safely convey flows from outside of the site through the site.
I.
If site conditions preclude capture of runoff from limited portions of the disturbed area for achieving water quality volume control standards, stream channel protection standards, and the two-year storm event peak runoff rate reduction standards for new development required by this chapter, the applicant shall propose alternate methods to mitigate the bypass of the BMPs, subject to the approval of the Municipal Engineer. In no case shall resulting peak rate be greater than the predevelopment peak rate for the equivalent design storm.
J.
For all regulated activities, erosion and sediment control BMPs shall be designed, implemented, operated, and maintained during the regulated activities (i.e., during construction) as required to meet the purposes and requirements of this chapter, to meet the erosion and sediment control requirements of the municipality, if applicable, and to meet all requirements under Title 25 of the Pa. Code and the Clean Streams Law.
K.
For all regulated activities, permanent BMPs and conveyances 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 Storm Water Management Act.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq. and 32 P.S. § 680.1 et seq., respectively.
L.
The design of all BMPs and conveyances shall incorporate sound engineering principles and practices in a manner that does not aggravate existing stormwater problems as identified by the municipality. The municipality reserves the right to disapprove any design that would result in construction in an area affected by existing stormwater problems or continuation of an existing stormwater problem.
M.
Existing wetlands, either on the site or on an adjacent property, shall not be used to meet the minimum design requirements for stormwater management or stormwater runoff quality treatment. Stormwater discharges to existing wetlands shall not degrade the quality or hydrologic integrity of the wetland.
N.
Hotspot runoff controls. Specific structural or pollution prevention practices may be required, as determined to be necessary by the Municipal Engineer, to pretreat runoff from hotspots prior to infiltration. Following is a list of examples of hotspots:
(1)
Vehicle salvage yards and recycling facilities;
(2)
Vehicle fueling stations;
(3)
Vehicle service and maintenance facilities;
(4)
Vehicle and equipment cleaning facilities;
(5)
Fleet storage areas (bus, truck, etc.);
(6)
Industrial sites based on Standard Industrial Classification codes;
(7)
Marinas (service and maintenance areas);
(8)
Outdoor liquid container storage;
(9)
Outdoor loading/unloading facilities;
(10)
Public works storage areas;
(11)
Facilities that generate or store hazardous materials;
(12)
Commercial container nursery;
(13)
Contaminated sites/brownfields;
(14)
Other land uses and activities as designated by the municipality.
O.
Contaminated and brownfield sites. Where BMPs may contribute to the migration of contaminants in groundwater, the water quality and runoff volume, stream channel protection, and peak rate control standards shall be met; however, at the Municipal Engineer's discretion, the minimum infiltration requirement may be reduced or eliminated commensurate with the contaminated area, and the required water quality and runoff control measures may be increased to mitigate the reduced infiltration requirement for the contaminated area.
P.
Additional water quality requirements. The municipality may require additional stormwater control measures for stormwater discharges to special management areas, including but not limited to:
(1)
Water bodies listed as "impaired" by PADEP.
(2)
Any water body or watershed with an approved total maximum daily load (TMDL).
(3)
Areas of known existing flooding problems.
(4)
Critical areas with sensitive resources (e.g., state-designated special protection waters, cold-water fisheries, carbonate geology or other groundwater recharge areas that may be highly vulnerable to contamination, drainage areas to water supply reservoirs, etc.).
Q.
Applicants shall utilize the Pennsylvania Stormwater Best Management Practices Manual (PA BMP Manual), as amended, or other sources acceptable to the Municipal Engineer, for testing and design standards for BMPs, and where there is a conflict with the provisions of this chapter, the most restrictive applies.
R.
For areas underlain by karst or carbonate geology that may be susceptible to the formation of sinkholes and other karst features, the location, type, and design of infiltration BMPs shall be based on a site evaluation conducted by a qualified licensed professional and based on the PA BMP Manual or other design guidance acceptable to the Municipal Engineer.
S.
All regulated activities located within a special flood hazard area designated by the Federal Emergency Management Agency (FEMA) shall comply with Chapter 96, Floodplain Management, and Chapter 200, Article XII, Flood Hazard District, and shall be designed to maintain the flood-carrying capacity of the floodway such that the base flood elevations are not increased, either upstream or downstream. The natural conveyance characteristics of the site and the receiving floodplain shall be incorporated into the stormwater management practices proposed for the site.