[Ord. 2004-2, 4/5/2004]
1.
General Requirements. From and after the date of enactment of this chapter, a stormwater management plan, and other information specified herein, shall be submitted to the municipality for all regulated activities. A stormwater management plan, and other information specified herein, shall be submitted at the same time, and together with submission of a preliminary and/or final subdivision or land development plan, along with a completed checklist supplied by the municipality indicating the items contained within the submission.
2.
Concurrent Reviews. Such plans and information shall be considered part of said zoning and subdivision documents, and shall be reviewed in accordance with procedures established thereunder. Preliminary approval and/or final approval of a subdivision or land development plan, and/or the issuance of a zoning permit shall be contingent upon the submission of a stormwater management plan and other materials specified herein, and approval of the stormwater management plan in accordance with provisions of this chapter.
3.
Review by Municipal Engineer. All stormwater management plans shall be submitted to the Municipal Engineer for review and comment. Such review shall include a statement by the Municipal Engineer specifying the provisions of this chapter which have not been met by the plan as submitted.
4.
Validity of Approved Plan. Once a stormwater management plan has been approved, together with a subdivision or land development plan approval, or together with the issuance of a zoning permit, said stormwater management plan shall be valid only for the subdivision, land development, or zoning permit approved. Any further development on the lot or lots requiring a revision of the approved plan, or other construction or activities, as defined by municipal zoning regulations, shall require the submission of a new, amended, or revised stormwater management plan, and other information specified herein.
A.
Exemptions From Plan Preparation. The following activities are specifically exempt from the plan preparation and submission provisions of this chapter, but remain subject to the design standards and criteria specified in Part 3 of this chapter (and erosion and sediment pollution control requirements).
(1)
Noncommercial home gardening;
(2)
Agriculture, when operated in accordance with an approved conservation plan, or erosion and sedimentation control plan;
(3)
Forest management operations, conducted in accordance with the PA DEP's "Soil Erosion and Sedimentation Control Guidelines for Forestry," and an approved erosion and sediment pollution control plan;
(4)
Regulated activities may be exempt from the plan preparation and submission provisions of this chapter if the total impervious area associated with such activities will be less than 2,500 square feet. The municipality and its Engineer shall review all regulated activities to determine if the activity or activities may be exempt from the plan preparation and submission provisions of this chapter. In addition to the criteria in this chapter subsection, the municipality and its Engineer may require that regulated activities maintain a minimum distance between proposed impervious areas/stormwater management facility outlets and downslope property line(s).
B.
All regulated activities that do not fall under the exemption criteria referenced herein shall submit a drainage plan to the municipality for review. These criteria shall apply to the total proposed development, even if development is to take place in stages. Impervious cover shall include, but not be limited to, any roof, parking, or driveway areas; and any new streets and sidewalks. Any areas designed to initially be gravel or crushed stone shall be assumed to be impervious.
(1)
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.
(2)
The existing points of concentrated drainage that discharge onto adjacent property shall not be altered without permission of the affected property owner(s), and shall be subject to any applicable discharge criteria specified in this chapter.
(3)
Areas of existing diffused drainage discharge shall be subject to any applicable discharge criteria in the general direction of the existing discharge, whether proposed to be concentrated or maintained as diffused drainage areas, except as otherwise provided by this chapter. If diffused flow is proposed to be concentrated and discharged onto adjacent property, the applicant/developer must document that adequate downstream conveyance facilities exist to safely convey the concentrated discharge, or otherwise prove that no erosion, sedimentation, flooding, or other harm will result from the concentrated discharge.
(4)
Where a site is traversed by watercourses, drainage easements shall be provided conforming 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 adversely affect the flow of stormwater within any portion of the easement. Maintenance, including mowing of vegetation within the easement, shall be required, except as approved by the appropriate governing authority.
(5)
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 PA DEP through the joint permit application process, or, where deemed appropriate by PA DEP, through a general permit or small projects permit.
(6)
Any stormwater management facilities regulated by this chapter that would be located within or adjacent to wetlands or other waters of the commonwealth shall be subject to approval by PA DEP through the joint permit application process, or, where deemed appropriate by PA DEP, the general permit process. When there is a question whether wetlands may be involved, it is the responsibility of the applicant/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 PA DEP.
(7)
Any stormwater management facilities regulated by this chapter that would be located on state highway rights-of-way shall be subject to approval by PA DOT.
(8)
Minimization of impervious surfaces, and infiltration of stormwater runoff through stormwater infiltration facilities are encouraged where soil conditions permit in order to reduce the size, or eliminate the need for detention facilities.
(9)
In order to promote overland flow and infiltration, roof drains should not discharge directly to streets or storm sewers. Roof drains may discharge directly to streets or storm sewers when deemed necessary by the municipality and its Engineer. Under no circumstances shall roof drains discharge directly to sanitary sewer systems.