A.
For all regulated activities, unless preparation of an SWM site plan is specifically exempted in § 260-13:
B.
SWM site plans approved by the municipality, in accordance with § 260-22, shall be on site throughout the duration of the regulated activity.
C.
The municipality may, after consultation with the 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.
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
Manual3), No. 363-2134-008, as amended and updated.
E.
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)
For projects that add impervious area to a parcel of more than 750 square feet, the total impervious area on the parcel is subject to the requirements of this chapter, except that the volume controls in § 260-14 and the peak rate controls of § 260-15 do not need to be retrofitted to existing impervious areas that are not being altered by the proposed regulated activity.
F.
Stormwater flows onto adjacent property shall not be created, increased,
decreased, relocated, or otherwise altered without written notification
to the adjacent property owner(s). Such stormwater flows shall be
subject to the requirements of this chapter.
G.
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 methods described in the Pennsylvania Stormwater Best
Management Practices Manual (BMP Manual).[1] 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.
H.
The design of all facilities over karst shall include an evaluation
of measures to minimize adverse effects.
I.
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.
J.
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.
K.
The design storm volumes to be used in the analysis of peak rates
of discharge should be obtained from the latest version of the Precipitation-Frequency
Atlas of the United States, National Oceanic and Atmospheric Administration
(NOAA), National Weather Service, Hydrometeorological Design Studies
Center, Silver Spring, Maryland. NOAA's Atlas 14[2] can be accessed at: http://hdsc.nws.noaa.gov/hdsc/pfds/.
L.
For all regulated activities, SWM BMPs shall be designed, implemented,
operated, and maintained to meet the purposes and requirements of
this chapter and to meet all requirements under Title 25 of the Pennsylvania
Code, the Clean Streams Law, and the Storm Water Management Act.[3]
[3]
Editor's Note: See 32 P.S. § 680.1 et seq.
N.
For all
regulated activities exempted or not exempted, the property owner
shall complete and file with the Borough for approval a stormwater
management permit application in the form attached hereto as Appendix
B.[5]
[Added 2-28-2023 by Ord. No. 4-2023]
[5]
Editor's Note: Said appendix is included as an attachment to this chapter.
[Amended 2-28-2023 by Ord. No. 4-2023]
A.
Regulated activities that create new impervious areas or earth disturbance
shall adhere to Table III to meet the requirements of this chapter.
The larger of the two areas determines the applicable requirements
of this chapter (i.e., if only 500 square feet of impervious area
is proposed, but 15,000 square feet of earth disturbance, the requirements
follow row 3 of Table III).
B.
Agricultural activity is exempt from the stormwater management (SWM)
site plan preparation requirements of this chapter provided the activities
are performed according to the requirements of 25 Pa. Code Section
102.
C.
Forest management and timber operations are exempt from the SWM site
plan preparation requirements of this chapter provided the activities
are performed according to the requirements of 25 Pa. Code Section
102.
E.
The municipality may deny or revoke any exemption pursuant to this
section at any time for any project that the municipality believes
may pose a threat to public health and safety or the environment.
|
Table III Stormwater Management Requirements and Exemptions
| ||||
|---|---|---|---|---|
|
Proposed Impervious Area
(square feet)
|
Proposed Total Earth Disturbance
(square feet)
|
Ordinance Exemptions
|
Stormwater Management Requirements
|
What Is Required to Submit to Municipality?
(in addition to stormwater application)
|
|
<1,000
|
<5,000
|
Ensure § 260-12D thru K are met
|
N/A
| |
|
1,000 to 5,000
|
5,000 to 10,000
|
Disconnected impervious area (DIA) as in Appendix C.1
|
Appendix C.1 Worksheet and Sketch (or equivalent)
| |
|
or
|
or
| |||
|
Capture and control first 1 inch of runoff over proposed impervious
areas as in Appendix E
|
Appendix E worksheet and sketch (or equivalent)
| |||
|
5,000 to 10,000
|
10,000 to 20,000
|
Capture and permanently remove the two inches of runoff over proposed impervious areas as in § 260-14B of this chapter
|
Appendix D worksheet and sketch (or equivalent)
| |
|
>10,000
|
>20,000
|
None
|
All requirements of this chapter
|
All requirements of this chapter
|
The green infrastructure and low-impact development practices
provided in the BMP Manual shall be utilized for all regulated activities
wherever possible. Water volume controls shall be implemented using
the Design Storm Method in Subsection A or the Simplified Method in
Subsection B below. For regulated activity areas equal to or less
than one acre that do not require hydrologic routing to design the
stormwater facilities, this chapter establishes no preference for
either methodology; therefore, the applicant may select either methodology
on the basis of economic considerations, the intrinsic limitations
on applicability of the analytical procedures associated with each
methodology and other factors.
A.
The Design Storm Method (CG-1 in the BMP Manual) is applicable to
any size of regulated activity. This method requires detailed modeling
based on site conditions.
(1)
Do not increase the post-development total runoff volume for all
storms equal to or less than the two-year twenty-four-hour duration
precipitation.
B.
The Simplified Method (CG-2 in the BMP Manual)[1] provided below is independent of site conditions and should
be used if the Design Storm Method is not followed. This method is
not applicable to regulated activities greater than one acre or for
projects that require design of stormwater storage facilities. For
new impervious surfaces:
(1)
Stormwater facilities shall capture at least the first two inches
of runoff from all new impervious surfaces.
(2)
At least the first one inch of runoff from new impervious surfaces
shall be permanently removed from the runoff flow, i.e., it shall
not be released into the surface waters of this commonwealth. Removal
options include reuse, evaporation, transpiration, and infiltration.
(3)
Wherever possible, infiltration facilities should be designed to
accommodate infiltration of the entire permanently removed runoff;
however, in all cases, at least the first 0.5 inch of the permanently
removed runoff should be infiltrated.
A.
For areas not covered by a release rate map from an approved Act
167 stormwater management plan: Post-development discharge rates shall
not exceed the predevelopment discharge rates for the one-, two-,
five-, ten-, twenty-five-, fifty- and one-hundred-year twenty-four-hour
storm events. If it is shown that the peak rates of discharge indicated
by the post-development analysis are less than or equal to the peak
rates of discharge indicated by the predevelopment analysis for one-,
two-, five-, ten-, twenty-five-, fifty- and one-hundred-year twenty-four-hour
storms, then the requirements of this section have been met. Otherwise,
the applicant shall provide additional controls as necessary to satisfy
the peak rate of discharge requirement.
B.
For areas covered by a release rate map from an approved Act 167
stormwater management plan: For the one-, two-, five-, ten-, twenty-five-,
fifty- and one-hundred-year twenty-four-hour storm events, the post-development
peak discharge rates will follow the applicable approved release rate
maps. For any areas not shown on the release rate maps, the post-development
discharge rates shall not exceed the predevelopment discharge rates.
A.
In order to protect and improve water quality, a riparian buffer
easement shall be created and recorded as part of any subdivision
or land development that encompasses a riparian buffer.
B.
Except as required by 25 Pa. Code Chapter 102, the riparian buffer
easement shall be measured to be the greater of the limit of the one-hundred-year
floodplain or a minimum of 35 feet from the top of the stream bank
(on each side).
C.
Minimum management requirements for riparian buffers.
(1)
Existing native vegetation shall be protected and maintained by the
owner of the property subject to the easement within the riparian
buffer easement.
D.
The riparian buffer easement shall be enforceable by the municipality
and shall be recorded in the appropriate County Recorder of Deeds
Office so that it shall run with the land and shall limit the use
of the property located therein. The easement shall allow for the
continued private ownership and shall count toward the minimum lot
area as required by zoning, unless otherwise specified in the municipal
Zoning Ordinance.[1]
E.
Any permitted use within the riparian buffer easement shall be conducted
in a manner that will maintain the extent of the existing one-hundred-year
floodplain, improve or maintain the stream stability, and preserve
and protect the ecological function of the floodplain.
G.
Septic drainfields and sewage disposal systems shall not be permitted
within the riparian buffer easement and shall comply with setback
requirements established under 25 Pa. Code Chapter 73.
