A.
For all regulated activities, unless preparation of an SWM site plan is specifically exempted in § 338-11:
B.
SWM site plans approved by the municipality in accordance with this chapter shall be on site throughout the duration of the regulated activity.
C.
The municipality 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.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
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 (e.g., 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 stages.
(2)
For development taking place in stages, the entire development plan must be used in determining conformance with this chapter.
(3)
Any areas in the design to be designated initially as gravel or crushed stone shall be assumed to be impervious in preparation of a plan for conformance with this chapter.
(4)
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 § 338-12 and the peak rate controls of § 338-13 do not need to be retrofitted to existing impervious areas that are not being altered by the proposed regulated activity.
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) by the developer. 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 by implementing measures to:
(a)
Minimize disturbance to floodplains, wetlands, and wooded areas.
(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.
(3)
Incorporate the techniques for green infrastructure and low-impact development practices described in the Pennsylvania Stormwater Best Management Practices Manual (BMP Manual).1
[Amended 11-15-2022 by Ord. No. 2022-03]
I.
The design of all facilities over karst shall include an evaluation of measures to minimize adverse effects.
J.
Infiltration BMPs should 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.
K.
Normally dry open-top storage facilities should completely drain both the volume control and rate control capacities over a period of time not less than 24 and not more than 72 hours from the end of the design storm.
L.
The design storm volumes to be used in the analysis of peak rates of discharge should be obtained from the Precipitation-Frequency Atlas of the United States, Atlas, United States Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), National Weather Service, Hydrometeorological Design Studies Center, Silver Spring, Maryland. NOAA's Atlas5 can be accessed at http://hdsc.nws.noaa.gov/hdsc/pfds/.
M.
N.
Various BMPs and their design standards are listed in the BMP Manual1.