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 the Pennsylvania Department of Transportation.
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.
Maximizing the groundwater recharge capacity of the area being developed is required. Design of the infiltration facilities shall consider groundwater recharge to compensate for the reduction in the recharge that occurs when the ground surface is disturbed or impervious surface is created. It is recommended that roof runoff be directed to infiltration BMPs that may be designed to compensate for the runoff from parking areas. These measures are required to be consistent with §
264-3 and to take advantage of utilizing any existing recharge areas. Infiltration may not be feasible on every site due to site-specific limitations such as soil type. If it cannot be physically accomplished, then the design professional shall be responsible to show that this cannot be physically accomplished. If it can be physically accomplished, then the volume of runoff to be infiltrated shall be determined from §
264-20A(2), depending on demonstrated site conditions, and shall be the greater of the volumes.
A. Infiltration BMPs shall meet the following minimum requirements:
(1) Infiltration BMPs intended to receive runoff from developed areas
shall be selected based on suitability of soils and site conditions
and shall be constructed on soils that have the following characteristics:
(a)
A minimum depth of 24 inches between the bottom of the BMP and
the top of the limiting zone.
(b)
An infiltration rate sufficient to accept the additional stormwater
load and dewater completely, as determined by field tests conducted
by the applicant's design professional.
(c)
The infiltration facility shall be capable of completely infiltrating
the retention (infiltration) volume (Rev) within
four days (96 hours).
(d)
Pretreatment shall be provided prior to infiltration.
(2) The size of the infiltration facility shall be based upon the following
volume criteria:
(a)
Net two-year volume approach. In HQ/EV watersheds, the retention
(infiltration) volume (Rev) to be captured
and infiltrated shall be the net two-year volume. The net two-year
volume shall be determined by plotting the two-year project site post-development
hydrograph, drawing a straight line from the point-of-inflection of
the rising limb of the hydrograph to the predevelopment two-year storm,
and measuring the volume under the curve as shown in the figure below.
INFILTRATION HYDROGRAPH
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(b)
One inch from impervious surface. In other portions of the watershed
that are not classified as HQ/EV, the retention (infiltration) volume
(Rev) will be equal to capturing one inch of
rainfall over all proposed impervious surfaces.
Rev = I * impervious area (square feet)
÷ 12 (inches) = cubic feet (cf)
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An asterisk (*) in equations denotes multiplication.
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(c)
Obtaining the Re
v volume in §
264-20A(2)(a) (above) may not be feasible on every site due to site-specific limitations such as soil type. If it cannot be physically accomplished, then the design professional shall be responsible for showing that this cannot be physically accomplished. If it cannot be physically accomplished, then the retention (infiltration) volume Re
v required shall be as much as can be physically accomplished, with a minimum of 0.50 inch, depending on demonstrated site conditions. It has been determined that capturing and infiltrating 0.50 inch of runoff from the impervious areas will aid in maintaining the hydrologic regime (base flow) of the watershed. If the goals of §
264-20A(2)(a) or
(b) cannot be achieved, then 0.50 inch of rainfall shall be retained and infiltrated from all impervious areas.
[1]
The minimum recharge volume (Rev) required
would, therefore, be computed as:
Rev = I * impervious area (square feet)
÷ 12 (inches) = cubic feet (cf)
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An asterisk (*) in equations denotes multiplication.
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Where:
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I
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=
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The maximum equivalent infiltration amount (inches) that the
site can physically accept or 0.50 inch, whichever is greater.
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[2]
The retention volume values derived from the methods in §
264-20A(2)(a),
(b) or
(c) is the minimum volume the applicant must control through an infiltration BMP facility. However, if a site has areas of soils where additional volume of retention can be achieved, the applicant is encouraged to infiltrate as much of the stormwater runoff from the site as possible.
[3]
If the minimum of 0.50 inch of infiltration requirement cannot be achieved, a waiver from §
264-20, Groundwater recharge, would be required from the Borough.
B. Soils. A detailed soils evaluation of the project site shall be required
to determine the suitability of infiltration facilities. The evaluation
shall be performed by a qualified design professional and at a minimum
address soil permeability, depth to bedrock, and subgrade stability.
The general process for designing the infiltration BMP shall be:
(1) Analyze hydrologic soil groups as well as natural and man-made features
within the site to determine general areas of suitability for infiltration
practices. In areas where development on fill material is under consideration,
conduct geotechnical investigations of subgrade stability; infiltration
may not be ruled out without conducting these tests.
(2) Provide field tests such as double-ring infiltrometer or hydraulic
conductivity tests (at the level of the proposed infiltration surface)
to determine the appropriate hydraulic conductivity rate. Percolation
tests are not recommended for design purposes.
(3) Design the infiltration structure for the required retention (Rev) volume based on field-determined capacity at the level
of the proposed infiltration surface.
(4) If on-lot infiltration structures are proposed by the applicant's
design professional, it must be demonstrated to the Borough that the
soils are conducive to infiltrate on the lots identified.
C. Stormwater hot spots. Below is a list of examples of designated hot
spots. If a site is designated as a hot spot, it has important implications
for how stormwater is managed. First and foremost, untreated stormwater
runoff from hot spots shall not be allowed to recharge into groundwater
where it may contaminate water supplies. Therefore, the Rev requirement shall NOT be applied to development sites
that fit into the hot spot category (the entire WQv must still be treated). Second, a greater level of stormwater treatment
shall be considered at hot spot sites to prevent pollutant wash off
after construction. The Environmental Protection Agency's (EPA)
NPDES stormwater program requires some industrial sites to prepare
and implement a stormwater pollution prevention plan.
(1) Examples of hot spots:
(a)
Vehicle salvage yards and recycling facilities.
(b)
Vehicle fueling stations.
(c)
Vehicle service and maintenance facilities.
(d)
Vehicle and equipment cleaning facilities.
(e)
Fleet storage areas (bus, truck, etc.).
(f)
Industrial sites based on Standard Industrial Codes.
(g)
Marinas (service and maintenance).
(h)
Outdoor liquid container storage.
(i)
Outdoor loading/unloading facilities.
(j)
Public works storage areas.
(k)
Facilities that generate or store hazardous materials.
(l)
Commercial container nursery.
(m)
Other land uses and activities as designated by an appropriate
review authority.
(2) The following land uses and activities are not normally considered
hot spots:
(a)
Residential streets and rural highways.
(c)
Institutional development.
(f)
Pervious areas, except golf courses and nurseries [which may
need an integrated pest management (IPM) plan].
(3) While large highways (average daily traffic volume (ADT) greater
than 30,000 are not designated as stormwater hot spots, it is important
to ensure that highway stormwater management plans adequately protect
groundwater.
D. Extreme caution shall be exercised where infiltration is proposed
in SWPAs as defined by the Borough or water authority.
E. Infiltration facilities shall be used in conjunction with other innovative
or traditional BMPs, stormwater control facilities, and nonstructural
stormwater management alternatives.
F. Extreme caution shall be exercised where salt or chloride (municipal
salt storage) would be a pollutant, since soils do little to filter
this pollutant, and it may contaminate the groundwater. The qualified
design professional shall evaluate the possibility of groundwater
contamination from the proposed infiltration facility and perform
a hydrogeologic justification study if necessary.
G. The infiltration requirement in HQ or EV waters shall be subject to the Department's Chapter
93 antidegradation regulations.
H. An impermeable liner will be required in detention basins where the
possibility of groundwater contamination exists. A detailed hydrogeologic
investigation may be required by the Borough.
I. The Borough shall require the applicant to provide safeguards against
groundwater contamination for land uses that may cause groundwater
contamination should there be a mishap or spill.
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 §
264-20 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:
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 Municipal 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 10 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 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.