[Ord. 2014-03, 9/8/2014]
1.
All applicants proposing regulated activities within the Township which do not fall under the exemption criteria contained within § 23-106 of this chapter shall submit a stormwater management 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. Impervious surface shall include, but not be limited to, any roof, parking or driveway areas and any new streets and sidewalks. All gravel and crushed stone areas shall be assumed to be impervious unless designed as a BMP (e.g., pervious paver blocks, reinforced turf, gravel filled grids, etc.). (Refer to definition of "impervious surface" within Part 2 of this chapter.)
2.
All regulated activities in the municipality shall be subject to the stormwater management requirements of this chapter and shall include 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 this 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, and protecting open space) described in the Pennsylvania Stormwater Best Management Practices Manual, Pennsylvania Department of Environmental Protection (PADEP) No. 363-0300-002 (2006).
3.
Storm drainage systems shall be provided to permit unobstructed flow in natural watercourses except as modified by stormwater detention facilities, recharge facilities, water quality facilities, pipe systems or open channels consistent with this chapter.
4.
The existing locations of concentrated drainage discharge onto adjacent property shall not be altered without written approval of the affected property owner(s).
5.
Areas of existing diffused drainage discharge onto adjacent property shall be managed such that, at minimum, the peak diffused flow does not increase in the general direction of discharge, except as otherwise provided in this chapter. If diffused flow is proposed to be concentrated and discharged onto adjacent property, the developer must document that there are adequate downstream conveyance facilities to safely transport the concentrated discharge to the point of predevelopment flow concentration, to the stream reach or otherwise prove that no harm will result from the concentrated discharge. Areas of existing diffused drainage discharge shall be subject to any applicable release rate criteria in the general direction of existing discharge whether they are proposed to be concentrated or maintained as diffused drainage areas.
6.
Easements.
A.
Where a site is traversed by watercourses other than those for which a one-hundred-year floodplain is defined by the municipality, there shall be provided drainage easements conforming substantially with the line of such watercourses. The width of any easement shall be adequate to provide for unobstructed flow of storm runoff based on calculations made in conformance with § 23-308 for the one-hundred-year return period runoff and to provide a freeboard allowance of 0.5 foot above the design water surface level. However, in no case shall the easement be less than 30 feet in width. The terms of the easement shall prohibit excavation, the placing of fill or structures, and any alterations which may adversely affect the flow of stormwater within any portion of the easement. Also, periodic maintenance of the easement to ensure proper runoff conveyance shall be required. Watercourses for which the one-hundred-year floodplain is formally defined are subject to the applicable municipal floodplain regulations. Terms of the easement shall prohibit excavation, the placing of fill or structures, landscaping other than that shown on the stormwater management plan, 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:
(1)
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.
(2)
A homeowner's 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.
B.
The developer shall provide a deed or deeds of dedication to the Township to permit access to privately owned and maintained improvements to permit the Township to undertake maintenance of such improvements (without any obligation on behalf of the Township to do so) should the developer or responsible party fail to adequately maintain such improvements. All easements offered for dedication shall be accompanied by a metes and bounds description and plot plan prepared by the developer. The Board of Supervisors shall not accept any deed of dedication until an opinion of record title, in form acceptable to the Township Solicitor, prepared by the developer's counsel (who must not be affiliated with the developer, must be licensed to practice law in Pennsylvania and must maintain an office in Pennsylvania), indicating that the easements are free and clear of all liens and of all encumbrances that could adversely affect the Township's ownership or use of such rights-of-way is received from the developer.
7.
When it can be shown that, due to topographic conditions, natural drainage swales on the site cannot adequately provide for drainage, open channels may be constructed conforming substantially to the line and grade of such natural drainage swales. Capacities of open channels shall be calculated using the Manning Equation. Work within natural drainageways shall be subject to approval by PADEP through the joint permit application process, or, where deemed appropriate by PADEP, through the general permit process.
8.
Any stormwater management facilities regulated by this chapter that will be located in or adjacent to waters of the commonwealth, waters of the United States, 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.
9.
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 (PennDOT).
10.
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.
11.
Roof drains and sump pumps shall discharge to an infiltration bed, natural watercourse, storm sewer system, or drainage swale. 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, path, or to a street through the curb.
12.
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 Chapter 93, Water Quality Standards, Title 25, Pennsylvania Department of Environmental Protection Rules and Regulations, as may be amended from time to time, and/or any successor provision thereto. 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 to be 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 cannot be achieved as per § 23-304, 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 may 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.
13.
All stormwater runoff shall be pretreated for water quality prior to discharge to surface or groundwater as required by § 23-304 of this chapter.
14.
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 Lower Mount Bethel Township for review and approval, upon completion of construction of all facilities. Where stormwater management facilities are constructed as part of a subdivision or land development application, the as-built plan must be submitted to, and approved by, Lower Mount Bethel Township prior to the acceptance of any offer of dedication of any public facilities and/or release of financial security for the required maintenance period. Facilities intended for public dedication will not be accepted by Lower Mount Bethel Township until such time the as-built plans have been reviewed and approved by the Township Engineer.
15.
The record plan and development agreement for an approved subdivision or land development shall define the ownership and maintenance responsibilities. Specifically, the record plan shall contain a provision permitting access to such easement(s), at any time, for inspection and/or emergency repair/maintenance, by Lower Mount Bethel Township or its designee, of all facilities deemed critical to public welfare. In the event the lot owner or homeowner's association fails to honor their maintenance responsibilities set forth herein, in any manner, Lower Mount Bethel Township shall have the right of entry upon and within the area of the easement to undertake any required corrective or maintenance effort in accordance with § 23-707, Subsection 2C, of this chapter.
16.
Post-construction BMPs shall be designed, installed, operated and maintained to meet the requirements of the Clean Streams Law[1] and implementing regulations, including the established practices in 25 Pa. Code Chapter 102 and the specifications of this chapter as to prevent accelerated erosion in watercourse channels and at all points of discharge.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
17.
No approval of any subdivision or land development plan, or issuance of any building, zoning, erosion and sedimentation control and grading permit, occupancy permit, or the commencement of any earth disturbance activities associated with any regulated activities shall commence until approval by the municipality of a plan which demonstrates compliance with the requirements of this chapter.
18.
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. Various BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual, No. 363-2134-008, as amended and updated.
19.
Erosion and sediment control during land development shall be addressed as required by § 23-303.
20.
All best management practices (BMPs) shall conform to the design criteria of this chapter and Pennsylvania Stormwater Management Practices Manual, December 30, 2006.
21.
Techniques described in Appendix G (Low-Impact Development) of this chapter[2] are encouraged because they reduce the costs of complying with the requirements of this chapter and the state water quality requirements.
[2]
Editor's Note: Appendix G is included as an attachment to this chapter.
22.
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.[3]
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
23.
Infiltration for stormwater management is encouraged where soils and geology permit, consistent with the provisions of this chapter and, where appropriate, the Recommendation Chart for Infiltration Stormwater Management BMPs in Carbonate Bedrock in Appendix D.[4]
[4]
Editor's Note: Appendix D is included as an attachment to this chapter.
