All stormwater management, collection, conveyance, erosion control, and floodplain considerations shall be accomplished in accordance with the following provisions:
A.
Prior to the final approval of any subdivision or land development plan, or the commencement of any regulated activity within the jurisdiction of this chapter, the developer shall submit a stormwater management site plan to the Borough for approval.
(1)
When plan applications, whether preliminary or final, are submitted in sections, a generalized stormwater management site plan for the entire project site shall be submitted in addition to the detailed stormwater management site plan for the proposed section. This generalized plan shall demonstrate how the stormwater of the proposed section will relate to the entire development. The amount and velocity at the discharge point of the section shall be included in the data submitted. If temporary facilities are required for construction of a section, such facilities shall be included in the submitted plans.
(2)
The type, location and extent of all erosion and sedimentation control measures shall be shown on an erosion and sedimentation pollution control plan that conforms to the requirements of the Soil Erosion and Sedimentation Control Manual of the Pennsylvania Department of Environmental Protection and the Design Standards of § 187-26 of this chapter.
(3)
An ownership and maintenance program shall be submitted, in recordable form acceptable to the Borough, that clearly sets forth the ownership and maintenance responsibility of all temporary and permanent stormwater management facilities and erosion and sedimentation control facilities, including:
(a)
Description of temporary and permanent maintenance requirements;
(b)
Identification of a responsible individual, corporation, association, or other entity for ownership and maintenance of both temporary and permanent stormwater management and erosion and sedimentation control facilities;
(c)
Provisions for permanent access or maintenance easements for all existing and proposed physical SWM facilities and BMPs, such as ponds and infiltration structures, as necessary to implement the operation and maintenance (O&M) plan. All such agreements shall be duly recorded in the office of the Recorder of Deeds and shall constitute a binding permanent covenant upon the property, superior to all liens of record and not subordinate to any easement or restriction that would interfere with its provisions and the implementation thereof.
(d)
The intent of these regulations is to provide private ownership and maintenance of stormwater management and erosion and sedimentation control facilities. Where the Borough Council accepts dedication of stormwater management facilities, the Borough Council may require the developer to establish, at the time of dedication, a maintenance fund, in an amount determined by the Borough, adequate for the perpetual care of such facilities.
(4)
A written report shall be submitted that includes the following information:
(a)
Stormwater runoff calculations for both predevelopment and post-development conditions.
(b)
An erosion and sedimentation pollution control plan narrative that conforms to the requirements of the Soil Erosion and Sedimentation Control Manual of the Pennsylvania Department of Environmental Protection and provides a description of all erosion and sedimentation control measures, temporary as well as permanent, including the staging of earthmoving activities, sufficient in detail to clearly indicate their function.
(c)
A general description of the development site, including a description of existing natural and hydrologic features and any environmentally sensitive areas.
(d)
A general description of the overall SWM concept for the project, including a description of permanent SWM techniques, nonstructural BMPs to be employed and construction specifications of the materials to be used for structural SWM facilities.
(e)
For all proposed detention basins and retention basins, except temporary sedimentation basins, the documentation shall include a plotting or tabulations of storage volumes with corresponding water surface elevations and the outflow rates for those water surfaces.
(f)
For all proposed detention basins and retention basins, except temporary sediment basins, documentation shall set forth the design hydrograph, the shortcut routing method or a method of equal caliber acceptable to the Borough Engineer, utilized to determine the function of the basin.
B.
Stormwater drainage systems shall be provided in order to permit unimpeded flow along natural watercourses, except as modified by stormwater management facilities or open channels consistent with this chapter.
C.
The existing points of concentrated drainage that discharge onto adjacent property shall not be relocated and shall be subject to any applicable discharge criteria specified in this chapter.
D.
Where a development site is traversed by watercourses other than permanent streams, a drainage easement shall be provided conforming substantially to the line of such watercourses. The terms of the easement shall prohibit excavation, the placing of fill or structures, and any alterations that may affect adversely the flow of stormwater within any portion of the easement. Also, maintenance of vegetation within the easement shall be required.
E.
The PADEP Chapter 105 Rules and Regulations apply to the construction, modification, operation, or maintenance of both existing and proposed water obstructions and encroachments throughout the watershed, including work in wetlands. Inquiries on permit requirements or other concerns shall be addressed to DEP's regional office.
F.
When it can be shown that, due to topographic conditions, natural drainageways on the development site cannot adequately provide for drainage, open channels may be constructed conforming substantially to the line and grade of such natural drainageways. Work within natural drainageways shall be subject to approval by DEP through the joint permit application process, or, where deemed appropriate by DEP, through the general permit process.
G.
If diffused flow 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 erosion, sedimentation, flooding, or other harm will result from the concentrated discharge. The applicant must provide an executed easement for newly concentrated flow across adjacent properties.
H.
Any stormwater management facilities or any facilities that constitute water obstructions (e.g., culverts, bridges, outfalls, or stream enclosures, etc.) that are regulated by this chapter, that will be located in or adjacent to waters of the commonwealth (including wetlands), shall be subject to approval by DEP under regulations at 25 Pa. Code Chapter 105 through the joint permit application process, or, where deemed appropriate by DEP, the general permit process. When there is a question whether wetlands may be involved, it is the responsibility of the applicant or his agent to show that the land in question cannot be classified as wetlands; otherwise, approval to work in the area must be obtained from DEP.
J.
When stormwater management facilities are proposed within 1,000 feet of a downstream Borough, the stormwater analysis shall be submitted to the downstream Borough's Engineer for review and comment.
K.
Roof drains shall not be connected to sanitary or storm sewers. When it is more advantageous to connect directly to streets or storm sewers, then the Borough shall permit it on a case-by-case basis.
L.
Any stormwater management facilities regulated by this chapter that will be located on or discharged onto state highway rights-of-way shall be subject to approval by PennDOT.
M.
Stormwater management facilities located within or affecting the floodplain of any watercourse shall comply with the requirements of the floodplain regulations provided in the Zoning Ordinance or any future ordinances regulating construction or development within areas of the Borough subject to flooding.
N.
The minimum floor elevations for all structures that would be affected by a basin, other temporary impoundments, or open conveyance systems where ponding may occur shall be two feet above the one-hundred-year water surface. If basement or underground facilities are proposed, detailed calculations addressing the effects of the stormwater ponding on the structure and waterproofing and/or floodproofing design information shall be provided for review and approval.
O.
Stormwater BMPs shall be encouraged. They shall be located, designed, and constructed in accordance with the latest technical guidance published by PADEP, provided they are accompanied by detailed engineering plans and performance capabilities and supporting site-specific soils, geology, runoff and groundwater and infiltration rate data to verify proposed designs. Additional guidance from other sources may be accepted at the discretion of the Borough Engineer (a preapplication meeting is suggested).
P.
All existing and natural watercourses, channels, drainage systems, and areas of surface water concentration shall be maintained in their existing condition unless an alteration is approved by the appropriate regulatory agency.
Q.
No outlet structure from a stormwater management facility shall discharge directly onto a Borough or state roadway.
R.
Infiltration BMPs intended to receive runoff from regulated activities shall be selected based on suitability of soils and site conditions and shall be constructed on soils that have the following characteristics:
(1)
A minimum depth of 24 inches between the bottom of the facility and the limiting zone, unless it is demonstrated to the satisfaction of the Borough that the selected BMP has design criteria which allow for a smaller separation.
(2)
A stabilized infiltration rate sufficient to accept the additional stormwater load and drain completely as determined by field tests conducted by the applicant's professional designer. The stabilized infiltration rate is to be determined in the same location and within the same soil horizon as the bottom of the infiltration facility. The stabilized infiltration rate is to be determined as specified in the BMP Manual.
S.
Stormwater discharge points onto an adjacent property shall comply with the following:
(1)
Stormwater runoff from a project site shall flow directly into a natural watercourse or into an existing storm sewer system. If neither of these is available, the applicant shall obtain an easement from the downstream landowner(s) to allow the site's runoff discharge to reach a natural watercourse or an existing storm sewer system through the easement. If an easement is obtained, post-developed flow characteristics must be similar to or better than the runoff characteristics (spread, velocity, and peak rate) of the predeveloped flows. The easement from the downstream property owner(s) shall be to allow for a piped storm sewer system, an overland flow system, or a combination of the two. The downstream system design shall conform to the design requirements of this chapter.
(2)
When the applicant provides verification that the downstream landowner(s) refuses to grant an easement at reasonable terms in the sole opinion of the Borough, the site shall be designed such that the discharge from the applicant's site shall be in a nonerosive, sheet flow condition. For all design year storms, including the one-hundred-year storm, runoff from the applicant's site shall flow onto the adjacent property in a manner similar to the runoff characteristics (spread, velocity, and peak rate) of the predeveloped flow. The use of level spreaders is prohibited.
(3)
Stormwater runoff shall not be transferred from one watershed to another unless the watersheds are subwatersheds of a common watershed which join together within the perimeter of the property, or both of the following apply:
T.
Unless an alternate design is submitted to the Borough for review, and said design is prepared by a licensed (in the Commonwealth of Pennsylvania) geologist or geotechnical engineer:
(1)
No stormwater facilities shall be placed in, over or within a distance that will impact the following features:
(2)
The minimum isolation distance from stormwater management facilities to the listed geologic features shall be as follows:
(3)
Stormwater runoff from any regulated activity shall not be discharged into sinkholes.
(4)
It shall be the developer's responsibility to verify if the development is underlain by carbonate geology. The following note shall be attached to all stormwater management site plans and signed and sealed by the developer's qualified professional:
"I, __________, certify that the proposed detention basin is/is not (circle one) underlain by carbonate geology."
(5)
Whenever a stormwater facility will be located in an area underlain by carbonate geology, a geological evaluation of the proposed location by a registered professional geologist shall be conducted to determine susceptibility to sinkhole formation. The evaluation may include the use of impermeable liners to reduce or eliminate the separation distances listed in § 187-25T(2).
U.
All stormwater runoff flowing over the project site shall be considered in the design of the stormwater management facilities.
V.
The calculated peak rates of runoff for stormwater originating on the project site must meet one the following conditions, for all watersheds flowing from the project site:
(1)
Match predevelopment hydrograph. Developers and/or landowners are encouraged to provide infiltration facilities or utilize other techniques which will allow the post-development one-hundred-year hydrograph to match the predevelopment one-hundred-year hydrograph, along all parts of the hydrograph, for the development site. To match the predevelopment hydrograph, the post-development peak rate must be less than or equal to the predevelopment peak rate, and the post-development runoff volume must be less than or equal to the predevelopment volume for the same storm event. A shift in hydrograph peak time of up to five minutes and a rate variation of up to 5% at a given time may be allowable to account for the timing effect of BMPs used to manage the peak rate and runoff volume. This option is most feasible for small subdivisions in areas of noncarbonate geology. Incorporating the volume control requirements as given in § 187-30 can be used as part of this option.
(2)
Where the predevelopment hydrograph cannot be matched, one of the following shall apply:
(a)
For areas covered by a release rate map from an approved Act 167 plan, the post-development peak discharge rates for the two-, ten-, twenty-five-, fifty-, and one-hundred-year storm events (a twenty-four-hour SCS type storm or an IDF Curve Rational Method storm) will follow the applicable approved release rate maps.
(b)
For areas not covered by a release rate map from an approved Act 167 plan, post-development runoff from any regulated activity shall not exceed the peak rates of runoff prior to development for all design storms (two-, ten-, twenty-five-, fifty-, and one-hundred-year storm events) except where the post-development hydrograph does not exceed the predevelopment hydrograph at all points in time for all design storms.
(3)
Infiltration. Developers and/or landowners are encouraged to provide infiltration facilities or utilize other techniques which will allow the post-development hydrograph to match the predevelopment hydrograph, along all parts of the hydrograph for the site. This option is most feasible for small subdivisions in areas of noncarbonate geology.
(4)
Developers have the option to propose a regional stormwater management plan or participate in a regional stormwater management plan developed by others. A regional stormwater management plan may include off-site volume and rate control, as appropriate and supported by a detailed design approved by the Borough. A regional stormwater management plan must meet all of the volume and rate control standards required by this chapter for the area defined by the regional stormwater management plan, but not necessarily for each individual development site. Appropriate agreements must be established to ensure the requirements of this chapter and the requirements of the regional stormwater management plan are met.
W.
Areas proposed for infiltration BMPs shall be protected from sedimentation and compaction during the construction phase to maintain maximum infiltration capacity. Staging of earthmoving activities and selection of construction equipment should consider this protection.
X.
Infiltration BMPs shall not be constructed nor receive runoff from disturbed areas until the entire contributory drainage area to the infiltration BMP has achieved final stabilization.