[Ord. 2011-6, 5/19/2011, § 301]
1.
All applicants proposing regulated activities within the Township which do not fall under the exemption criteria contained within § 23-105 of this chapter shall submit a stormwater management site plan consistent with this chapter to the Township for review. These criteria shall apply to the total proposed development even if development is to take place in stages. (Refer definition of "impervious surface" within § 23-201 of this chapter).
[Amended Ord. No. 2022-005, 9/6/2022]
2.
All applicants proposing regulated activities shall implement such measures as necessary to:
A.
Protect health, safety and property.
B.
Meet the water quality goals of this chapter by implementing measures to:
(1)
Minimize disturbance to floodplains, wetlands and wooded areas.
(2)
Create, maintain, repair or extend riparian buffers.
(3)
Avoid erosive flow conditions in natural flow pathways.
(4)
Minimize thermal impacts to waters of the commonwealth.
(5)
Disconnect impervious surfaces (i.e., disconnected impervious areas, DIAs) by directing runoff to pervious areas, wherever possible.
C.
To the maximum extent practicable, incorporate the techniques for low impact development practices (e.g., protecting existing trees, reducing area of impervious surface, cluster development and protecting open space) and methods described in the Pennsylvania Stormwater Best Management Practices Manual, Pennsylvania Department of Environmental Protection (PADEP) no. 363-0300-002 (2006). If methods other than green infrastructure and LID methods are proposed to achieve the volume and rate controls required under this chapter, the SWM site plan must include a detailed justification demonstrating that the use of LID and green infrastructure is not practicable.
[Amended Ord. No. 2022-005, 9/6/2022]
3.
The Township may, after consultation with the Department of Environmental Protection (PADEP), 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, 35 P.S. § 691.1 et seq.
4.
For all regulated earth disturbance activities, erosion and sediment (E&S) control best management practices (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, 35 P.S. § 691.1 et seq. Various BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual, No. 363-2134-008 (April 15, 2000), as amended and updated.
5.
No approval of any subdivision or land development plan, or issuance of any building, zoning, erosion and sedimentation control and grading, or occupancy permit; or the commencement of any earth disturbance at a project site within the Township, shall proceed until the requirements of this part are met, including approval of a stormwater management site plan under § 23-401 and a permit under PADEP regulations, where applicable.
[Amended Ord. No. 2022-005, 9/6/2022]
6.
Erosion and sediment control during regulated activities shall be addressed as required by § 23-311.
[Amended Ord. No. 2022-005, 9/6/2022]
8.
Volume controls (e.g. water quality volume, recharge/infiltration volume) for all watersheds shall be addressed pursuant to § 23-303, unless more stringent requirements are specified for individual watersheds (as identified in §§ 23-305, 23-306 and/or 23-307), in which case the more stringent requirement(s) shall apply.
[Amended Ord. No. 2022-005, 9/6/2022]
9.
All best management practices (BMPs) shall conform to the design criteria of this chapter and Pennsylvania Stormwater Management Practices Manual, December 30, 2006.
10.
Techniques described in Appendix 23-C, "Low Impact Development 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.
11.
Infiltration BMPs should be spread out, made as shallow as practicable, and located to maximize the use of natural on-site infiltration features while still meeting the other requirements of this chapter.
12.
Stormwater drainage systems shall be provided in order to permit unimpeded flow along natural watercourses, except as modified by stormwater management facilities designed to encourage infiltration, groundwater recharge and improved water quality.
13.
Existing points of concentrated drainage that discharge onto adjacent property shall not be altered without written approval of the affected property owner(s) and shall be subject to any applicable discharge criteria specified in this chapter.
14.
Areas of existing sheet flow discharge shall be maintained wherever possible. If sheet flow is proposed to be concentrated and discharged onto adjacent property, the developer 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; and submit written approval from the affected adjacent property owner(s).
15.
For all subdivision and land development applications, the tributary area discharging drainage to any location along the site property boundary shall not increase by more than 25% over the predevelopment condition without written approval from the adjacent affected property owner(s).
16.
Where a development site is traversed by watercourses, drainage easements shall be provided conforming to the line of such watercourses. The width of the easement shall be adequate to provide for the unimpeded flow of stormwater runoff from the one-hundred-year storm event. However, in no case shall the easement be less than 30 feet in width. Terms of the easement shall prohibit excavation, the placing of fill or structures, and any alterations that may adversely affect the flow of stormwater within any portion of the easement. Periodic maintenance of the easement shall be required by the landowner to ensure proper runoff conveyance. The developer will retain the easement until such time as one of the following is accomplished:
A.
For subdivisions or land developments, the individual lot owner assumes responsibility for the maintenance of the portion of their property through which the easement passes. The record plan shall contain a description of such easement(s) and notation indicating the maintenance responsibilities.
B.
A homeowners' association or other legal entity approved by the Township, assumes responsibility for the maintenance of the development, including the watercourse easement. The record plan shall contain a description of such easement(s) and notation indicating the maintenance responsibilities.
17.
When it can be shown that, due to topographic conditions, natural drainageways on the 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 the Township and PADEP through the joint permit application process, or, where deemed appropriate by PADEP, through the general permit process.
18.
Any stormwater management facilities regulated by this chapter that will be located in or adjacent to waters of the commonwealth or wetlands shall be subject to approval by PADEP and/or U.S. Army Corps of Engineers through the joint permit application process, or, where deemed appropriate by PADEP and/or U.S. Army Corps of Engineers, the general permit process. When there is a question whether wetlands may be involved, it is the responsibility of the developer 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 PADEP and/or U.S. Army Corps of Engineers.
19.
Any stormwater management facilities regulated by this chapter that would be located on state highway rights-of-way, or discharge stormwater to facilities located within a state highway right-of-way, shall be subject to approval by the Pennsylvania Department of Transportation (PADOT).
20.
Site disturbance and impervious surface shall be minimized. Infiltrating stormwater runoff through seepage beds, infiltration trenches, etc. shall be required, where soil conditions permit, to reduce the size or eliminate the need for retention/detention facilities.
21.
Roof drains and sump pumps shall discharge to an infiltration bed, natural watercourse, storm sewer system or drainage swale (within a stormwater easement). Roof drains and sump pumps shall be connected to a storm sewer, drainage structure, or other approved stormwater conveyance facility that is designed as part of a stormwater management BMP. In no case shall roof drains or sump pumps be connected to a sanitary sewer or permitted to discharge across a sidewalk, walkway or to a street through the curb.
22.
Whenever a watercourse is located within a development site, it shall remain open in the natural state and location and shall not be piped, impeded or altered (except for road crossings).
23.
Special requirements for watersheds draining to high quality (HQ) and exceptional value (EV) waters: The temperature and quality of water and streams that have been determined to be exceptional value and high quality are to be maintained as defined in 25 Pa. Code, Chapter 93, "Water Quality Standards," Pennsylvania Department of Environmental Protection Rules and Regulations. Maintaining the multiple values of these special protection waters occurs through maintaining the predevelopment or natural water cycle; not decreasing infiltration and recharge; and not increasing runoff. In so doing, critical temperature considerations are provided (optimal temperature control is achieved through infiltration of precipitation to groundwater which maximizes temperature-moderated stream base flow). In those cases where runoff volume control can not be achieved as per § 23-303, Subsection 1A, temperature sensitive BMPs and stormwater conveyance systems are to be used and designed with storage pool areas (drawing outflow from the bottom of the pool) and supply outflow channels shall be shaded with trees. This will require modification of berms for permanent ponds and the relaxation of restrictions on planting vegetation within the facilities, provided that capacity for volumes and rate control is maintained. At a minimum, the southern half of pond shorelines shall be planted with shade or canopy trees within 10 feet of the pond shoreline. In conjunction with this requirement, the maximum slope allowed on the berm area to be planted is 10 to 1. This will lessen the destabilization of berm soils due to root growth. A long-term maintenance schedule and management plan for the thermal control BMPs is to be established and recorded for all development sites.
24.
All stormwater runoff shall be pretreated for water quality prior to discharge to surface or groundwater as required by this chapter.
[Amended Ord. No. 2022-005, 9/6/2022]
25.
All regulated activities which result in earth disturbance shall comply with the requirements of the Solebury Township Erosion and Sedimentation Control and Grading Ordinance [Chapter 9].
26.
Completed stormwater management facilities, including detention/retention basins, shall be surveyed by a professional land surveyor or engineer licensed in the Commonwealth of Pennsylvania, to verify compliance with the character of stormwater management facilities as depicted on the approved final plan (or subsequently approved revision, thereof). As-constructed plans shall be submitted to the Township for review and approval, upon completion of construction of all facilities and prior to offer of dedication of any public facilities and/or submission of financial security for the required maintenance period. Public facilities will not be accepted by the Township until such time the as-constructed plans have been reviewed and approved by the Township Engineer.
27.
The record plan and development agreement for the approved subdivision or land development shall define the ownership and maintenance responsibilities as well as access rights for all drainage related easements. Specifically, the record plan shall contain a provision permitting access to such easement(s), at any reasonable time, for inspection and/or emergency repair/maintenance, by the Township or its designee, of all facilities deemed critical to public welfare. In the event the lot owner or homeowners' association fails to honor their maintenance responsibilities set forth herein, in any manner, the Township shall have the right of entry upon and within the area of the easement to undertake any required corrective or maintenance effort. The total cost of such, including administrative, engineering and legal costs for enforcement, may be imposed upon the responsible party as determined by the Township. Failure to remedy all associated costs described above, may be subject of the imposition of a lien by the Township against the owner(s) in question, in the same manner as the Township might otherwise be empowered by law to assess or impose a lien against a property for municipal improvements.