A.
Primary authority. The Borough is empowered to regulate these activities
by the authority of the Act of October 4, 1978, P.L. 864 (Act 167),
32 P.S. § 680.1, et seq., as amended, the Storm Water Management
Act, and the appropriate municipal code.
B.
Secondary authority. The Borough also is empowered to regulate land
use activities that affect runoff by the authority of the Act of July
31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq., as amended.
The standards contained herein shall apply to all regulated
activities within the Borough. In addition, all local, county and
state erosion and sedimentation control approvals must be in place
to proceed with any regulated activity.
A.
All activities related to proper operation and maintenance of approved
stormwater management BMPs and all activities that may contribute
nonstormwater discharges to a regulated small MS4 are subject to regulation
by this chapter.
B.
Activities regulated by this chapter include, but are not limited
to, the following:
(1)
Land development and redevelopment.
(2)
Subdivision.
(3)
Construction of new or additional impervious or semipervious surfaces
(driveways, parking lots, etc.).
(4)
Construction of new buildings or additions to existing buildings.
(5)
Diversion or piping of any natural or man-made stream channel.
(6)
Installation of stormwater management facilities or appurtenances
thereto.
(7)
Any earth disturbances or any activities that involve the alteration
or development of land or removal of trees and vegetation in a manner
that may affect post-construction stormwater runoff.
C.
Redevelopments shall conform to the requirements contained in § 190-13C(3) when more than a two-thousand-square-foot area of an existing facility is reconstructed following the demolition, or partial demolition, of the existing facility. The area determination shall be made using the footprint of the area being reconstructed, including all impervious surfaces proposed in the reconstructed area and the area of the parking lot required to support the reconstructed facility. The area of the parking lot required to support the reconstructed facility shall be determined using the Borough Zoning Ordinance. See Ch. 225, Zoning, requirements for parking.
D.
Any permit or authorization issued or approved based on false, misleading
or erroneous information provided by an applicant is void without
the necessity of any proceedings for revocation. Any work undertaken
or use established pursuant to such permit or other authorization
is unlawful. No action may be taken by a board, agency or employee
of the municipality purporting to validate such a violation.
A.
With the approval of the Borough's governing body, the following
activities may be exempted from on-site stormwater runoff control.
An exemption shall apply only to the requirement for on-site stormwater
facilities and the preparation of a stormwater management plan. All
other stormwater management design elements, such as a storm sewer
system, road culverts, erosion and sedimentation control and runoff
quality, shall be required. All exemption requests must be filed with
the Borough Zoning Officer and approved by the Borough Engineer.
(1)
Regulated activities smaller than 400 square feet are exempt from
the requirements of this chapter to implement SWM BMPs, unless the
activity is found to be a significant contributor to pollution of
the waters of this commonwealth.
(2)
Small project exemption. Activities having a disturbed area of less than 5,000 square feet are exempt from the peak rate control requirements of this chapter. These projects shall comply with the water quality volume standards contained in § 190-15C(1) and the extended detention requirement contained in § 190-15C(1). The small project standardized SWM guidance document was prepared to assist applicants in meeting this requirement for individual lots only. The reduced site plan requirements contained in the small project standardized SWM guidance document shall apply.
(3)
Emergency exemption. Emergency maintenance work performed for the
protection of public health, safety and welfare may be exempted from
the requirements in this chapter to obtain approval for a stormwater
management plan before commencement of the activity; however, a written
description of the scope and extent of any emergency work performed
shall be submitted to the Borough within two calendar days of the
commencement of the activity. If the Borough finds that the work is
not an emergency, then the work shall cease immediately and may not
resume until a written stormwater management plan is submitted and
approved.
(4)
Maintenance exemption: any maintenance to an existing stormwater
management system made in accordance with plans and specifications
approved by the Borough Engineer.
(5)
Gardening: use of land for gardening for home consumption.
(6)
Agricultural activities: agriculture when operated in accordance
with a conservation plan, nutrient management plan or erosion and
sedimentation control plan approved by the Allegheny County Conservation
District, including activities such as growing crops, rotating crops,
tilling of soil and grazing animals. Installation of new or expansion
of existing farmsteads, animal housing, waste storage and production
areas having impervious surfaces that result in a net increase in
impervious surface of less than 1,000 square feet are exempt from
the requirement to submit a written stormwater management plan.
(7)
Forest management: forest management operations which are consistent
with a sound forest management plan as filed with the municipal zoning
officer and which follow the Pennsylvania Department of Environmental
Protection's management practices contained in its publication
"Soil Erosion and Sedimentation Control Guidelines for Forestry."
Such operations are required to have an erosion and sedimentation
control plan.
B.
Waivers.
(1)
The provisions of this chapter are the minimum standards for the
protection of the public health, safety, property, and welfare.
(2)
If an applicant with a proposed area of disturbance being less than one acre demonstrates to the satisfaction of the county or its designee that any mandatory provision of this chapter is unreasonable or causes unique or undue unreasonableness or hardship as it applies to the proposed project, or that an alternate design may result in a superior result within the context of Article I and § 190-13A and B of this chapter, the county or its designee, upon obtaining the comments and recommendations of the Borough and the Allegheny County Conservation District, may grant a waiver or relief so that substantial justice may be done and the public interest is secured, provided that such waiver will not have the effect of nullifying the intent and purpose of this chapter.
(3)
Waivers or modifications of the requirements of this chapter may
be approved by the Borough if enforcement will exact undue hardship
because of unique physical circumstances or conditions peculiar to
the land in question, provided that the modifications will not be
contrary or detrimental to the public interest and will achieve the
intended outcome, and that the purpose of the chapter is preserved.
Hardship must be due to such unique physical circumstances or conditions
and not to circumstances or conditions generally created by the provisions
of this chapter. Cost or financial burden shall not be considered
a hardship. Modifications shall not substantially or permanently impair
the appropriate use or development of adjacent property. A request
for modifications shall be in writing and accompany the stormwater
management site plan submission.
(4)
Applicants shall refer to the Pennsylvania Stormwater Best Management Practices Manual, Pennsylvania Department of Environmental Protection (DEP), No. 363-0300-002 (2006), as amended and updated, or the Erosion and Sediment Pollution Control Program Manual, Pennsylvania Department of Environmental Protection (DEP), 363-2134-008 (2000), as amended and updated, or other appropriate references for guidance in the design of stormwater management facilities most appropriate to individual site conditions. References to the Maryland Manual, if not deleted, should be to specific sections of Maryland's manual in order to minimize NPDES permitting conflicts with the guidance provided by the Pennsylvania Stormwater BMP Manual. The applicant shall state in full the facts of unreasonableness or hardship on which the request is based, the provision or provisions of the chapter that are involved, and the minimum waiver or relief that is necessary. The applicant shall state how the requested waiver and how the applicant's proposal shall result in an equal or better means of complying with the intent of Article I, Purpose; Objectives, § 190-13A, Design goals, and § 190-13B, General principles, of this chapter.
(5)
The applicant shall submit all waiver requests to Allegheny County
or its designee for review and approval. Copies of the waiver request
shall also be submitted to the Borough.
(6)
The governing body shall keep a written record of all actions on
waiver requests.
(7)
The governing body may charge a fee for each waiver request, which
shall be used to offset the administrative costs of reviewing the
waiver request. The applicant shall also agree to reimburse the Borough,
the county and the Allegheny County Conservation District for reasonable
and necessary fees that may be incurred in any review of a waiver
request.
(8)
In granting waivers, the county or its designee may impose reasonable
conditions that will, in its judgment, secure substantially the objectives
of the standards or requirements that are to be modified.
(9)
The county or its designee may grant applications for waivers when
the following findings are made:
(b)
That the waiver is the minimum necessary to provide relief.
(c)
That the applicant is not requesting a waiver based solely on
cost considerations.
(d)
That existing off-site stormwater problems will not be exacerbated.
(e)
That runoff is not being diverted to a different drainage area.
(f)
That increased flooding or ponding on off-site properties or
roadways will not occur.
(g)
That potential icing conditions will not occur.
(h)
That increase of post-development peak flow from the site will
not occur and will, in fact, be reduced by the appropriate amount
if the site is in a subbasin having a release rate of less than 100%.
(i)
There will be no increase in the post-development total runoff
volume for all storms equal to or less than the two-year/twenty-four-hour
storm event.
(j)
That adverse impact to water quality will not result.
(k)
That increased one-hundred-year floodplain levels will not result.
(l)
That increased or unusual municipal maintenance expenses will
not result from the waiver.
(m)
That the amount of stormwater generated has been minimized to
the greatest extent allowed.
(n)
That infiltration of runoff throughout the proposed site has
been provided where practicable and predevelopment groundwater recharge
protected at a minimum.
(o)
That peak flow attenuation of runoff has been provided.
(p)
That long-term operation and maintenance activities are established.
(q)
That no receiving streams and/or water bodies within 2,000 feet
downstream will be adversely impacted in flood-carrying capacity,
aquatic habitat, channel stability or erosion and sedimentation.
(10)
No waiver or modification of any regulated stormwater activity
involving earth disturbance greater than or equal to one acre may
be granted by the municipality.
A.
Compliance required; intent of design standards.
(1)
The management of stormwater on site, both during and upon completion of the disturbances associated with activities permitted under § 190-3, shall be accomplished in accordance with the standards and criteria of this chapter. The design of any temporary or permanent facilities and structures and the utilization of any natural drainage systems shall be in full compliance with this article.
(2)
The intent of these design standards is to encourage environmentally
sound stormwater management practices that provide necessary drainage
facilities while protecting the hydrologic characteristics and water
quality of the site and watershed. Developments shall be required
to incorporate stormwater management controls. Stormwater management
design shall blend into the natural environment and be aesthetically
integrated into the site design.
B.
Applicants shall refer to the Pennsylvania Stormwater Best Management
Practices Manual, as amended, Pennsylvania Handbook of Best Management
Practices for Developing Areas (PACD, 1998), the 2000 Maryland Stormwater
Design Manual (MDE, 2000) or other appropriate references for guidance
in the design of stormwater management facilities most appropriate
to individual site conditions. Objectives for design are to reduce
the volume of stormwater generated, infiltrate runoff at its source
to the maximum extent possible, achieve water quality improvement
at the source or during conveyance, and provide for peak flow attenuation.
Applicants shall examine design alternatives by viewing them in a
series. In addition, applicants are strongly encouraged to use structural
and nonstructural stormwater management practices that reduce or eliminate
the need for detention basins.
C.
All SWM design work must be completed by a qualified design professional.
All designs proposing the use of a SWM retention or detention facility
with outlet structure(s) shall be completed by a professional engineer
licensed in the Commonwealth of Pennsylvania.
D.
All development activity within a special flood hazard area designated by the Federal Emergency Management Agency (FEMA) shall comply with Chapter 124, Floodplain Management, and this subsection. All development 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, unless an approval is received from PA DEP. The natural conveyance characteristics of the site and the receiving floodplain shall be incorporated into the stormwater management practices proposed for the site.
E.
The stormwater management system shall not create an adverse impact
on stormwater quantity or quality in either upstream or downstream
areas. Off-site areas which discharge to or across a site proposed
for development shall be addressed in the stormwater management plan
prepared for the development. No stormwater management plan shall
be approved until it is demonstrated that the runoff from the project
shall not adversely impact downstream areas.
F.
Wetlands shall not be used to meet the minimum design requirements
for stormwater management or stormwater runoff quality treatment,
except when used as part of a treatment train that incorporates a
portion of the outer zone (filter strip) of the wetland's riparian
buffer as a stormwater outfall.
G.
All proposed stormwater management systems shall be designed to prevent
the pollution of groundwater resources by stormwater, promote safety,
minimize health hazards, preserve natural features and provide infiltration
and groundwater recharge where appropriate. Neither submission of
a plan under the provisions herein nor compliance with the provisions
of these regulations shall relieve any person from responsibility
for damage to any person or property otherwise imposed by law.
H.
Stormwater management designs shall not alter the alignment of any
natural watercourse or adversely impact its flow.
I.
The existing points of concentrated flow that discharge onto adjacent
properties shall not be altered without written permission of the
adjacent property owner(s).
J.
Where deemed necessary by the Borough Engineer, or as addressed in
an approved Act 167 stormwater management plan, the applicant shall
construct storm drains to handle on-site runoff; to the maximum extent
permitted under the Municipalities Planning Code and Act 167, or any
amendments thereto, provide on-site/off-site drainage easements; and
provide for the conveyance of off-site runoff to an acceptable outlet
in the same watershed.
K.
Where watercourses traverse a development site, drainage easements
shall be provided conforming to the line of such watercourses. The
terms of the easements shall prohibit excavation, the placing of fill
or structures, except as needed for roadways, driveways and walkways,
or any alterations that may adversely affect the flow of stormwater
within any portions of the easement, and require the establishment
and protection of riparian buffers.
L.
For all regulated activities, stormwater management BMPs shall be
designed, implemented, operated, and maintained to meet the purposes
and requirements of this chapter and to meet all requirements under
Pennsylvania Code Title 25, the Clean Streams Law, 35 P.S. § 691.1,
et seq., and the Stormwater Management Act, 32 P.S. § 680.1,
et seq.
M.
Any regulated activity that may affect the stormwater flows toward
or onto a state or county highway right-of-way or facility shall be
designed, implemented, operated, and maintained in accordance with
the regulations of the Pennsylvania Department of Transportation (PennDOT)
or Allegheny County, as the case may be.
N.
At the time of application for a building permit for any approved
lot created by a subdivision and/or improved as a land development
project, issuance of the permit shall be conditioned upon adherence
to the terms of this chapter.
O.
Stormwater discharges to critical areas with sensitive resources
(e.g., special protection waters, cold water fisheries, recharge areas,
water supply reservoirs, etc.) may be subject to additional performance
criteria or may need to utilize or restrict certain stormwater management
practices.
P.
For all regulated earth disturbance activities, erosion and sediment
control BMPs shall be designed, implemented, operated, and maintained
during the regulated earth disturbance activities (e.g., during construction)
to meet the purposes and requirements of this chapter and to meet
all requirements under the Pennsylvania Code Title 25 and the Clean
Streams Law. Various BMPs and their design standards are listed in
the Erosion and Sediment Pollution Control Program Manual (E and S
Manual), Commonwealth of Pennsylvania, Department of Environmental
Protection, No. 363-2134-008, as amended and updated.
Q.
No regulated earth disturbance activities within the Borough shall
commence until the requirements of this chapter are met.
R.
The applicant must document that downstream (off-site) conveyance
systems exist to safely transport the discharge and that no erosion,
sedimentation, flooding, or other adverse impacts will result from
said discharge from each subarea.
S.
All stormwater runoff from disturbed areas shall be pretreated prior
to discharge to surfaces or groundwater.
T.
Post-construction water quality protection shall be addressed as
required by the stormwater management requirements contained in this
chapter.
U.
Operations and maintenance of permanent stormwater BMPs shall be addressed as required by Article V.
V.
All best management practices (BMPs) used to meet the requirements
of this chapter shall conform to the state water quality requirements
and any more stringent requirements as required by the Borough.
W.
Techniques described in Appendix B (Nonstructural Stormwater Management
Practices) of this chapter are encouraged, because they reduce the
costs of complying with the requirements of this chapter and the state
water quality requirements.
X.
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 soils.
(3)
Slope and depth to bedrock.
(4)
Seasonal high water table.
(5)
Proximity to building foundations and wellheads.
(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.
Y.
Transference of runoff from one DEP-designated Act 167 watershed
to another shall be prohibited unless approved by the Borough.
Z.
Infiltration BMPs should be spread out and shallow as much as practicable.
Any ordinance or ordinance provision of the Borough inconsistent
with any of the provisions of this chapter is hereby repealed to the
extent of the inconsistency only; provided, however, that this repeal
shall in no manner be construed as a waiver, release or relinquishment
of the right to initiate, pursue or prosecute, as the case may be,
any proceeding at law or in equity pertaining to any act done which
would have constituted a violation of such prior ordinance or ordinance
provision. All of said ordinances or ordinance provisions shall remain
in full force and effect and are not repealed hereby as they pertain
to such acts and to the processing of such plans filed prior to the
effective date of this chapter, which are protected from the effect
of intervening ordinances by Section 508(4) of the Pennsylvania Municipalities
Planning Code. See 53 P.S. § 10508(4).
Should any part of this chapter be declared invalid, such decision
shall not affect the validity of any other part, nor the article as
a whole.
Actions taken under this chapter do not affect any responsibility,
permit or approval for any activity regulated by any other code, law,
regulation, or ordinance.
Permits and approvals issued pursuant to this chapter shall
not relieve the applicant of the responsibility to comply with or
to secure other required permits or approvals for activities regulated
by any other applicable code, rule, act, statute or ordinance. This
chapter shall not preclude the inclusion in such other permit of more
stringent requirements concerning regulation of stormwater and erosion.
Where a conflict exists between a provision within this chapter and
that of the PA DEP Phase II NPDES regulations, as amended, or any
other ordinance of the Borough, the more stringent requirements shall
govern.
A.
All regulated earth disturbance activities subject to permit requirements by DEP under regulations at 25 Pa. Code Chapter 102.
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 the Pennsylvania Department of Transportation
(PennDOT).
A.
No regulated earth disturbance activities within the Borough shall
commence until the Borough receives a copy of any required approvals
from the Conservation District or DEP for an erosion and sediment
control plan.
B.
The DEP has regulations that require an erosion and sediment control
plan for any earth disturbance activity of 5,000 square feet or more,
under 25 Pa. Code § 102.4(b).
C.
In addition, under 25 Pa. Code Chapter 92, a DEP NPDES construction
activities permit is required for regulated earth disturbance activities.
D.
Evidence of any necessary permit(s) for regulated earth disturbance
activities from the appropriate DEP regional office or County Conservation
District must be provided to the Borough.
E.
A copy of the erosion and sediment control plan and any required
permits, as required by DEP regulations, shall be available at the
project site at all times.
F.
Additional erosion and sediment control design standards and criteria
are recommended to be applied where infiltration BMPs are proposed
and shall include the following:
(1)
Areas proposed for infiltration BMPs shall be protected from sedimentation
and compaction during the construction phase to maintain maximum infiltration
capacity.
(2)
Infiltration BMPs shall not be constructed nor receive runoff until
the entire contributory drainage area to the infiltration BMP has
achieved final stabilization.
G.
The Borough shall be authorized to enforce regulations specified
under 25 Pa. Code Chapters 92, 102, and 105 for regulated earth disturbance
activities authorized by the Allegheny County Conservation District
and/or the DEP.
A.
Right-of-entry. Upon presentation of proper credentials, the Borough
may enter at reasonable times upon any property within the Borough
to inspect the condition of the stormwater structures and facilities
in regard to any aspect regulated by this chapter.
B.
Inspection. Stormwater management BMPs should be inspected by the
landowner/developer (including Borough for dedicated facilities) according
to the following list of frequencies:
C.
Enforcement.
(1)
It shall be unlawful for a person to undertake any regulated activity
except as provided in an approved SWM site plan.
(2)
It shall be unlawful to alter or remove any control structure required
by the SWM site plan.
(3)
Inspections regarding compliance with the SWM site plan are a responsibility
of the Borough.
(4)
The Building Inspector or his designee shall withhold building permits
to ensure compliance with this chapter, if deemed necessary.
D.
Suspension and revocation.
(1)
Any approval for a regulated activity issued may be suspended or
revoked, in whole or in part, by the Borough for:
(a)
Noncompliance with or failure to implement any provision of
the approval.
(b)
A violation of any provision of this chapter or any other applicable
law, ordinance, rule or regulation relating to the regulated activity.
(c)
The creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard or nuisance,
pollution, or which endangers the life or property of others.
(3)
An approval that has been revoked by the Borough cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this chapter.
(4)
Prior to revocation or suspension of a permit, if there is no immediate
danger to life, public health, or property, the Borough may notify
the landowner/developer to discuss the noncompliance.
E.
Penalties.
(1)
Any activity conducted in violation of the provisions of this chapter
is declared to be a public nuisance under the authority of the Pennsylvania
Stormwater Management Act, 32 P.S. § 680.15. Anyone violating
the provisions of this chapter shall be guilty of a summary offense
and, upon conviction, shall be subject to a fine of not more than
$1,000 for each violation, recoverable with costs. Each day that the
violation continues shall be a separate offense, and penalties shall
be cumulative.
(2)
In addition, suits to restrain, prevent, or abate violations of this
chapter may be instituted in equity or at law by the Department of
Environmental Resources of the Commonwealth of Pennsylvania, any affected
county or municipality, or any aggrieved person. Except in cases of
emergency where, in the opinion of the court, the circumstances of
the case require immediate abatement of the unlawful conduct, the
court may, in its decree, fix a reasonable time during which the person
responsible for the unlawful conduct shall correct or abate the same.
The expense of such proceedings shall be recoverable from the violator
in such manner as may now or hereafter be provided by law.
F.
Appeals. Any person aggrieved by any decision of the Borough, relevant
to the provisions of this chapter, may appeal to the County Court
of Common Pleas in the county where the activity has taken place within
30 days of the Borough's decision.
