[HISTORY: Adopted by the Borough Council
of the Borough of Ingram 1-12-2009 by Ord. No. 1-2009. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Ingram
Borough Stormwater Management Ordinance."
A.
Purpose. These regulations have the following general purposes and
objectives:
(2)
To meet legal water quality requirements under state law, including
regulations at 25 Pa. Code Chapter 93 to protect, maintain, reclaim
and restore the existing and designated uses of the waters of this
Commonwealth.
(3)
To utilize and preserve the existing natural drainage systems and
to preserve the flood-carrying capacity of streams.
(4)
To encourage natural infiltration of rainfall to preserve groundwater
supplies and stream flows.
(5)
To provide procedures and performance standards for stormwater planning
and management.
(6)
To provide for adequate maintenance of all permanent stormwater management
structures in the Borough.
B.
Liability disclaimer.
(1)
Neither the granting of any approval under the provisions of this
chapter, nor the compliance with the provisions of this chapter, or
with any condition imposed by a municipal official hereunder, shall
relieve any person from any responsibility for damage to persons or
property resulting therefrom, or as otherwise imposed by law, nor
impose any liability upon the municipality for damages to persons
or property.
(2)
The granting of a permit which includes any stormwater management
facilities shall not constitute a representation, guarantee or warranty
of any kind by the Borough Engineer, Borough, or by an official, agent
or employee thereof, of the practicability or safety of any structure,
use or other plan proposed and shall create no liability upon or cause
of action against such public body, official or employee for any damage
that may result pursuant thereto.
As used in this chapter, the following terms shall have the
meanings indicated:
The Storm Water Management Act (Act of October 4, 1978, P.L.
864, No. 167; 32 P.S. §§ 680.1 to 680.17, as amended
by Act of May 24, 1984, No. 63).
A landowner or developer who has filed an application for
development, including his/her heirs, successors and assigns.
Activities, facilities, designs, measures, or procedures
used to manage stormwater impacts from regulated earth disturbance
activities, to meet State Water Quality Requirements, to promote groundwater
recharge and to otherwise meet the purposes of this chapter.
A person registered by the Commonwealth of Pennsylvania as
a professional engineer in the field of civil engineering and appointed
by the Borough to review information and materials submitted in conjunction
with this chapter.
A perceptible natural or artificial waterway which periodically
or continuously contains moving water or which forms a connecting
link between two bodies of water. It has a definite bed and banks
which confine the water.
The Allegheny County Conservation District.
Allegheny County, Pennsylvania.
A closed conduit for the free passage of surface drainage
under a highway, railroad, canal or other embankment.
The Pennsylvania Department of Environmental Protection.
See "storm frequency."
The slowing, dampening or attenuating of runoff flows entering
the natural drainage pattern or storm drainage system by temporarily
holding water on a surface area in a detention basin or within the
drainage system.
A pond or reservoir constructed to temporarily impound or
retard surface runoff.
The person, persons or any corporation, partnership, association
or other entity or any responsible person therein or agent therefor
that undertakes the activities associated with changes in land use.
The term "developer" is intended to include, but not necessarily be
limited to, the terms "subdivider," "owner" and "builder" even though
the individuals involved in successive stages of a project may vary.
Any activity, construction, alteration, change in land use
or practice that affects stormwater runoff characteristics.
The flow or rate of flow from a canal, conduit, channel or
other hydraulic structure.
In general, the removal of surface water from a given area,
commonly applied to surface water and groundwater.
Any structure or activity which in any manner changes, expands
or diminishes the course, current or cross section of any watercourse,
floodway or body of water.
Wearing away of the lands by running water, glaciers, winds
and waves.
The application of measures to reduce erosion of land surfaces.
Materials covering the ground surface.
Subsurface water occupying the saturation zone, from which
wells and springs are fed.
Replenishment of groundwater naturally by precipitation or
runoff or artificially by spreading or injection.
Not allowing or allowing only with great difficulty the movement
of water; impermeable.
A subdivision is the division of a developed or undeveloped
single lot, tract or parcel of land, or part thereof, into two or
more lots, tracts or parcels of land, including changes in street
lines or lot lines, for the purpose, whether immediate or future,
of transfer of ownership or of building development; provided, however,
that divisions of land for agricultural purposes in parcels of more
than 10 acres, not involving any new street or easement of access,
shall not be included within the meaning of "subdivision." Subdivision
includes resubdivision of recorded plan.
Any activity involving the changing, grading, transportation,
fill and any other activity which causes land to be exposed to the
danger of erosion.
The upkeep necessary for efficient operation of physical
properties.
The Borough of Ingram.
A watershed where natural surface configurations, runoff
characteristics and defined drainage conveyances have attained the
conditions of equilibrium.
USDA Natural Resources Conservation Service (previously known
as the Soil Conservation Service, or SCS).
The means of controlling the relationship between the headwater
elevation and the discharge, placed at the outlet or downstream end
of any structure through which water may flow.
The maximum flow.
The Pennsylvania Department of Environmental Protection.
A standard which establishes an end result or outcome which
is to be achieved but does not prescribe specific means for achieving
it.
Earth disturbance activity of one acre or more with a point
source discharge to surface waters, or five acres or more regardless
of the planned runoff. This includes earth disturbance on any portion
of, or during any stage of, a larger common plan of development. Activity
involving earth disturbance subject to regulation under 25 Pa. Code
Chapter 92, 25 Pa. Code Chapter 102, or the Clean Streams Law.[1]
The watershed factor determined by comparing the maximum
rate of runoff from a subbasin to the contributing rate of runoff
to the watershed peak rate at specific points of interest.
A basin, usually enclosed by artificial dikes, that is used
to retain stormwater runoff.
The average interval in years over which an event of a given
magnitude can be expected to recur.
That part of precipitation which flows over the land.
The surface components of any watershed which affect the
rate, amount and direction of stormwater runoff. These may include,
but are not limited to, vegetation, soils, slopes and man-made landscape
alterations.
Mineral or organic solid material that is being transported
or has been moved from its site of origin by air, water or ice and
has come to rest.
The process by which mineral or organic matter is accumulated
or deposited by moving water, wind or gravity.
As defined under state regulations, protection of designated
and existing uses (see 25 Pa. Code Chapters 93 and 96), including:
Each stream segment in Pennsylvania has a "designated use,"
such as "cold water fishery" or "potable water supply," which is listed
in 25 Pa. Code Chapter 93. These uses must be protected and maintained
under state regulations.
"Existing uses" are those attained as of November 1975, regardless
of whether they have been designated in Chapter 93. Regulated earth
disturbance activities must be designed to protect those uses and
to maintain the level of water quality necessary to protect those
uses in all streams, and to protect and maintain water quality in
special protection streams.
Water quality involves the chemical, biological and physical
characteristics of surface water bodies. After regulated earth disturbance
activities are complete, these characteristics can be impacted by
the addition of pollutants such as sediment, and changes in habitat
through increased flow volumes and/or rates as a result of changes
in land surface areas from those activities. Therefore, permanent
discharges to surface waters must be managed to protect the stream
bank, streambed and structural integrity of the waterway to protect
against these impacts.
See "detention pond" and "retention pond."
The average interval in years over which a storm event of
a given precipitation volume can be expected to occur.
A sewer that carries intercepted surface runoff, street water
and other drainage. Systems used exclusively for domestic sewage or
industrial waste are not included.
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
Natural or man-made structures that collect and transport
stormwater through or from a drainage area to the point of final outlet,
including, but not limited to, any of the following: conduits and
appurtenant features, canals, channels, ditches, streams, culverts,
streets and pumping stations.
Any structure, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, or otherwise affects stormwater
runoff. Typical stormwater management facilities include, but are
not limited to, detention and retention basins, open channels, storm
sewers, pipes, and infiltration facilities.
The plan for managing stormwater runoff, adopted by Allegheny
County as required by the Act of October 4, 1978, P.L. 864 (Act 167),
as amended, and known as the "Stormwater Management Act."
The division of a developed or undeveloped single lot, tract
or parcel of land, or part thereof, into two or more lots, tracts
or parcels of land, including changes in street lines or lot lines,
for the purpose, whether immediate or future, of transfer of ownership
or of building development; provided, however, that subdivisions of
land for agricultural purposes in parcels of more than 10 acres, not
involving any new street or easement of access, shall not be included
within the meaning of subdivision. Subdivision includes resubdivision
of a recorded plan.
A low-lying stretch of land which gathers or carries surface
water runoff.
Any channel for conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
Rivers, streams, creeks, rivulets, impoundments, ditches,
watercourses, storm sewers, lakes, dammed water, wetlands, ponds,
springs and other bodies or channels of conveyance of surface and
underground water, or parts thereof, whether natural or artificial,
within or on the boundaries of this Commonwealth.
The entire region or area drained by a river or other body
of water, whether natural or artificial. A "designated watershed"
is an area delineated by the Pennsylvania DER and approved by the
Environmental Quality Board for which counties are required to develop
watershed stormwater management plans.
The plan for managing stormwater runoff throughout a designated
watershed adopted by Allegheny County as required by the Pennsylvania
Stormwater Management Act.
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, fens, and similar areas.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
A.
General standards.
(1)
All proposed stormwater control measures shall be evaluated to the
following performance standard:
(a)
Any landowner and any person engaged in the alteration or development
of land which may affect stormwater runoff characteristics shall implement
such measures as are reasonably necessary to prevent injury to health,
safety or other property. Such measures shall include such actions
as are required to:
(2)
The stormwater management plan for the development site shall consider
all the stormwater runoff flowing over the site.
(3)
Prohibited discharges:
(b)
Discharges which may be allowed, based on a finding by the Borough
that the discharge(s) do not significantly contribute to pollution
of surface waters of the Commonwealth, are:
[1]
Discharges from firefighting activities.
[2]
Uncontaminated water from foundation or footer drains.
[3]
Potable water sources, including dechlorinated water line and
fire hydrant flushings.
[4]
Flows from riparian habitats and wetlands.
[5]
Irrigation drainage.
[6]
Lawn watering.
[7]
Pavement washwaters where spills or leaks of toxic or hazardous
materials have not occurred (unless all spill material has been removed)
and where detergents are not used.
[8]
Routine external building washdown (which does not include detergents
or other compounds).
[9]
Air-conditioning condensate.
[10]
Water from individual residential car washing.
[11]
Dechlorinated swimming pool discharges.
[12]
Springs.
[13]
Uncontaminated groundwater.
[14]
Water from crawl space pumps.
(c)
In the event that the Borough determines that any of the discharges identified in Subsection A(3)(b) significantly contribute to pollution of waters of the Commonwealth, or is so notified by the PADEP, the Borough will notify the responsible person to cease the discharge.
(d)
Upon notice provided by the Borough under Subsection A(3)(c), the discharger will have a reasonable time, as determined by the Borough, to cease the discharge consistent with the degree of pollution caused by the discharge.
(e)
Nothing in this section shall affect a discharger's responsibilities
under state law.
(4)
Prohibited connections. The following connections are prohibited, except as provided in Subsection A(3)(b) above:
(a)
Any drain or conveyance, whether on the surface or subsurface,
which allows any nonstormwater discharge, including sewage, process
wastewater, and wash water to enter the storm sewer system, and any
connections to the storm drain system from indoor drains and sinks;
and
(b)
Any drain or conveyance connected from a commercial or industrial
land use to the storm sewer system which has not been documented in
plans, maps, or equivalent records, and approved by the Borough.
(5)
Stormwater flows onto adjacent property shall not be created, increased,
decreased, relocated, or otherwise altered without permission of the
adjacent property owner(s). Such stormwater flows shall be subject
to the requirements of this chapter.
B.
Design standards.
(1)
Post-development discharge rates shall not exceed the pre-development
discharge rates for the two-, ten-, twenty-five- and one-hundred-year
storms. 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 pre-development analysis for two-,
ten-, twenty-five- and one-hundred-year, twenty-four-hour storms,
then the requirement of this section have been met. Otherwise, the
applicant shall provide additional controls as necessary to satisfy
the peak rate of discharge requirement.
(2)
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 14, Volume 2, United States Department
of Commerce, National Oceanic and Atmospheric Administration (NOAA),
National Weather Service, Hydrometeorological Design Studies Center,
Silver Spring, Maryland, 20910. NOAA's Atlas 14 can be accessed
at Internet address: http://hdsc.nws.noaa.gov/hdsc/pfds/.[1]
[1]
Editor's Note: The Precipitation-Frequency Atlas of the
United States can be viewed at http://www.nws.noaa.gov/oh/hdsc/PF_documents/Atlas14_Voll_Ver5_Addendum.pdf.
C.
Calculation methods.
(1)
Development sites. For the purpose of computing peak flow rates and
runoff hydrographs from development sites, calculations shall be performed
using one of the following: NRCS publications, Technical Release (TR)
55, HEC I, Penn State Runoff Model (PSRM) or Modified Rational Method.
(2)
Stormwater collection/conveyance facilities. For the purpose of designing
storm sewers, open swales and other stormwater runoff collection and
conveyance facilities, the Rational Method shall be applied. Rainfall
intensities for a twenty-five-year design storm with a minimum five-minute
duration shall be used. Rainfall intensities for design should be
obtained from the Pennsylvania Department of Transportation rainfall
charts.
(3)
Routing of hydrographs through detention/retention facilities for
the purpose of designing those facilities shall be accomplished using
the Modified-Puls Method or other recognized reservoir routing method
subject to the approval of the municipality and county.
(4)
Pre-development conditions. Pre-development conditions shall be assumed
to be those which exist on any site prior to any development. Hydrologic
conditions for all areas with pervious cover (i.e., fields, woods,
lawn areas, pastures, cropland, etc.) shall be assumed to be in good
condition, and the lowest recommended NRCS runoff curve number (CN)
shall be applied for all pervious land uses within the respective
range for each land use and hydrologic soil group.
D.
State Water Quality Standards:
(1)
All stormwater management plans for activities within the Borough
shall demonstrate post-construction compliance with State Water Quality
Standards.
(2)
To control post-construction stormwater impacts from regulated earth
disturbance activities, State Water Quality Requirements can be met
by best management practices (BMPs), including site design, which
provide for replication of pre-construction stormwater infiltration
and runoff conditions, so that post-construction stormwater discharges
do not degrade the physical, chemical or biological characteristics
of the receiving waters. As described in the DEP Comprehensive Stormwater
Management Policy (# 392-0300-002, September 28, 2002), this may be
achieved by the following:
(a)
Infiltration: replication of pre-construction stormwater infiltration
conditions;
(b)
Treatment: use of water quality treatment BMPs to ensure filtering
out of chemical and physical pollutants from the stormwater runoff;
and
(c)
Streambank and stream bed protection: management of volume and
rate of post-construction stormwater discharges to prevent physical
degradation of receiving waters (e.g., from scouring and erosion).
(3)
The best management practices must be designed to protect and maintain
existing uses (e.g., drinking water use, cold water fishery use) and
maintain the level of water quality necessary to protect those uses
in all streams, and to protect and maintain water quality in "Special
Protection" streams, as required by statewide regulations at 25 Pa.
Code Chapter 93 (collectively referred to as "State Water Quality
Requirements").
(4)
DEP has regulations that require municipalities to ensure design,
implementation and maintenance of best management practices ("BMPs")
that control runoff from new development and redevelopment (hereinafter
"development") after regulated earth disturbance activities are complete.
These requirements include the need to implement post-construction
stormwater BMPs with assurance of long-term operations and maintenance
of those BMPs.
A.
General criteria.
(1)
Applicants may select runoff control techniques, or a combination
of techniques, which are most suitable to control stormwater runoff
from the development site. All controls shall be subject to approval
of the Borough Engineer. The Borough Engineer may request specific
information on design and/or operating features of the proposed stormwater
controls in order to determine their suitability and adequacy in terms
of the standards of this chapter.
(2)
The applicant should consider the effect of the proposed stormwater
management techniques on any special soil conditions or geological
hazards which may exist on the development site. In the event that
such conditions are identified on the site, the Borough Engineer may
require in-depth studies by a competent geotechnical engineer. Not
all stormwater control methods may be advisable or allowable at a
particular development site.
(3)
In developing a stormwater management plan for a particular site,
stormwater controls shall be selected according to the following order
of preference:
(4)
Infiltration practices shall be used to the extent practicable to
reduce volume increases and promote groundwater recharge. A combination
of successive practices may be used to achieve the applicable minimum
control requirements. Justification shall be provided by the applicant
for rejecting each of the preferred practices based on actual site
conditions.
B.
Infiltration systems.
(1)
Infiltration systems shall be sized and designed based upon local
soil and groundwater conditions.
(2)
Infiltration systems greater than three feet deep shall be located
at least 10 feet from basement walls.
(3)
Infiltration systems shall not be used to handle runoff from commercial
or industrial working or parking areas. This prohibition does not
extend to roof areas which are demonstrated to be suitably protected
from the effects of the commercial/industrial activities.
(4)
Infiltration systems may not receive runoff until the entire drainage
area to the system has received final stabilization.
(5)
The stormwater infiltration facility design shall provide an overflow
system with measures to provide a nonerosive velocity of flow along
its length and at the outfall.
C.
Flow attenuation facilities.
(1)
If flow attenuation facilities are employed to assist in the control
of peak rates of discharge, their effects must be quantified using
the NRCS Technical Release (TR) 55, Urban Hydrology for Small Watersheds,
or other approved method. The effects of the flow attenuation facilities
on travel time should be reflected in the calculations.
(2)
Flow attenuation facilities such as swales and natural depressions
should be properly graded to ensure positive drainage and avoid prolonged
ponding of water.
(3)
Swales shall be properly vegetatively stabilized or otherwise lined
to prevent erosion.
(4)
Swales shall be designed according to the recommendations contained
in the Commonwealth of Pennsylvania Erosion and Sediment Pollution
Control Program Manual.
D.
Stormwater detention facilities.
(1)
If detention facilities are utilized for the development site, the
facility(ies) shall be designed such that post-development peak runoff
rates from the developed site are controlled to those rates in existence
prior to development for the two-, ten-, twenty-five- and one-hundred-year
storm frequencies.
(2)
All detention facilities shall be equipped with outlet structures
to provide discharge control for the four designated storm frequencies.
Provisions shall also be made to safely pass the post-development
one-hundred-year-storm runoff without damaging (i.e., impairing the
continued function of) the facilities. Should any stormwater management
facilities qualify as a dam under PADER Chapter 105, the facility
shall be designed in accordance with those regulations and meet the
regulations concerning dam safety.
(3)
Shared-storage facilities which provide detention of runoff for more
than one development site within a single watershed are encouraged
wherever feasible and provided that such facilities meet the criteria
contained in this section. In addition, runoff from the development
sites involved shall be conveyed to the facility in a manner that
avoids adverse impacts (such as flooding or erosion) to channels and
properties located between the development site and the shared-storage
facilities.
(4)
Where detention facilities will be utilized, multiple-use facilities,
such as wetlands, lakes, ball fields or similar recreational/open
space uses, are encouraged wherever feasible, subject to the approval
of the Borough and Pennsylvania Department of Environmental Resources'
Chapter 105 regulations.
(5)
Other considerations which should be incorporated into the design
of the detention facilities include:
(a)
Inflow and outflow structures shall be designed and installed
to prevent erosion and bottoms of impoundment-type structures should
be protected from soil erosion.
(b)
Control and removal of debris both in the storage structure
and in all inlet or outlet devices shall be a design consideration.
(c)
Inflow and outflow structures, pumping stations and other structures
shall be designed and protected to minimize safety hazards.
(d)
The water depth at the perimeter of a storage pond should be
limited to that which is safe for children. This is especially necessary
if bank slopes are steep or if ponds are full and recirculating in
dry periods. Restriction of access (fence, walls, etc.) may be necessary,
depending on the location of the facility.
(e)
Side slope of storage ponds shall not exceed a ratio of 2.5
to 1 horizontal to vertical dimension.
(f)
Landscaping shall be provided for the facility which harmonizes
with the surrounding area.
(g)
The facility shall be located to facilitate maintenance, considering
the frequency and type of equipment that will be required.
(h)
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.
E.
Collection/conveyance facilities.
(1)
All stormwater runoff collection or conveyance facilities, whether
storm sewers or other open or closed channels, shall be designed in
accordance with the following basic standards:
(a)
All sites shall be graded to provide drainage away from and
around the structure in order to prevent any potential flooding damage.
(b)
Lots located on the high side of streets shall extend roof and
french drains to the curbline storm sewer (if applicable). Low side
lots shall extend roof and french drains to a stormwater collection/conveyance/control
system or natural watercourse in accordance with the approved stormwater
management plan for the development site.
(c)
Collection/conveyance facilities should not be installed parallel
and close to the top or bottom of a major embankment to avoid the
possibility of failing or causing the embankment to fail.
(d)
All collection/conveyance facilities shall be designed to convey
the twenty-five-year storm peak flow rate from the contributing drainage
area and to carry it to the nearest suitable outlet such as a stormwater
control facility, curbed street, storm sewer or natural watercourse.
(e)
Where drainage swales or open channels are used, they shall
be suitably lined to prevent erosion and designed to avoid excessive
velocities.
(2)
Wherever storm sewers are proposed to be utilized, they shall comply
with the following criteria:
(a)
Where practical, they shall be designed to traverse under seeded
and planted areas. If constructed within 10 feet of road paving, walks
or other surfaced areas, drains shall have a narrow trench and maximum
compaction of backfill to prevent settlement of the superimposed surface
or development.
(b)
Preferably, they shall be installed after excavating and filling
in the area to be traversed is completed, unless the drain is installed
in the original ground with a minimum of three feet of cover and/or
adequate protection during the fill construction.
(c)
They shall be designed with cradle when traversing fill areas
of indeterminate stability; with anchors when the gradient exceeds
20%; and with encasement or special backfill requirements when traversing
under a paved area.
(d)
They shall be designed to adequately handle the anticipated
stormwater flow and be economical to construct and maintain. The minimum
pipe size shall be 15 inches in diameter.
(e)
Drain pipe, trenching, bedding and backfilling requirements
shall conform to the requirements of the municipality and/or applicable
PennDOT Specifications, Form 408.
(f)
All corrugated metal pipe shall be polymer-coated and with asbestos
bonding and paved inverts where prone to erode. Pipe within a municipal
right-of-way shall be reinforced concrete pipe with a minimum diameter
of 15 inches.
(g)
Storm inlets and structures shall be designed to be adequate,
safe, self-cleaning and unobtrusive and consistent with municipal
standards.
(h)
Appropriate grates shall be designed for all catch basins, stormwater
inlets and other entrance appurtenances.
(i)
Manholes shall be designed so that the top shall be at finished
grade and sloped to conform to the slope of the finished grade. Top
castings of structures located in roads or parking areas shall be
machined or installed to preclude rattling.
(j)
Where the proposed sewer connects with an existing storm sewer
system, the applicant shall demonstrate that sufficient capacity exists
in the downstream system to handle the additional flow.
(k)
Storm sewer outfalls shall be equipped with energy dissipation
devices to prevent erosion and to conform with applicable requirements
of the Pennsylvania DEP for stream encroachments (Chapter 105 of Pennsylvania
DEP Rules and Regulations).
A.
An erosion/sedimentation plan shall be prepared for each development
site in accordance with the Pennsylvania Erosion/Sedimentation Regulations
(25 Pa. Code, Chapter 102); the standards and guidelines of the Allegheny
County Conservation District.
B.
Proposed erosion/sedimentation measures shall be submitted with the
stormwater management plan.
C.
No regulated earth disturbance activities within the Borough shall
commence until approval by the Borough of an erosion and sediment
control plan for construction activities.
D.
The Pennsylvania Department of Environmental Protection (PADEP) has
regulations that require an erosion and sediment control plan for
any earth disturbance activity of 5,000 square feet or more, under
25 Pa. Code § 102.4(b).
E.
In addition, under 25 Pa. Code Chapter 92, a PADEP "NPDES Construction
Activities" permit is required for any earth disturbance one acre
or more with a point source discharge to surface waters or the Borough's
storm sewer system, or five acres or more regardless of the planned
runoff (hereinafter collectively referred to as "regulated earth disturbance
activities"). This includes earth disturbance on any portion of, part
of, or during any stage of, a larger common plan of development.
F.
Copies of any necessary permit applications for regulated earth disturbance activities from the appropriate PADEP regional office or the Allegheny County Conservation District must be provided to the Borough. Copies of any permits will be required prior to the start of construction. The issuance of an NPDES Construction Permit [or permit coverage under the statewide General Permit (PAG-2)] satisfies the requirements of Subsection C.
G.
A copy of the erosion and sediment control plan and any required
permits, as required by PADEP regulations, shall be available at the
project site at all times.
A.
Maintenance responsibilities.
(1)
The maintenance plan for stormwater management facilities located
on the development site shall establish responsibilities for the continuing
operation and maintenance of all proposed stormwater control facilities,
consistent with the following principles:
(a)
If a development consists of structures or lots which are to
be separately owned and in which streets, sewers and other public
improvements are to be dedicated to the Borough, stormwater control
facilities should also be dedicated to and maintained by the Borough,
if the Borough agrees to the dedication.
(b)
If a development site is to be maintained in single ownership
or if sewers and other public improvements are to be privately owned
and maintained, then the ownership and maintenance of stormwater control
facilities should be the responsibility of the owner or private management
entity.
(2)
The governing body, upon recommendation of the Borough Engineer,
shall make the final determination on the continuing maintenance responsibilities
prior to final approval of the stormwater management plan. The governing
body reserves the right to accept the ownership and operating responsibility
for any or all of the stormwater management controls.
B.
Maintenance agreement for privately owned stormwater facilities.
(1)
Prior to final approval of the site's stormwater management
plan, the applicant and the Borough shall execute a maintenance agreement
covering all stormwater control facilities which are to be privately
owned. The maintenance agreement shall be recorded with the final
subdivision/land development plan for the site. The agreement shall
stipulate that:
(a)
All facilities shall be maintained in accordance with the approved
maintenance schedule and in a safe and attractive manner.
(b)
Easements and/or rights-of-way shall be conveyed to the municipality
to ensure access for periodic inspections by the municipality and
maintenance if required.
(c)
The name, address and telephone number of the person or company
responsible for maintenance activities shall be filed with the municipality.
In the event of a change, new information will be submitted to the
municipality within 10 days of the change.
(d)
If the facility owner fails to maintain the stormwater control
facilities, the Borough may perform the necessary maintenance work
or corrective work following due notice by the Borough to the facility
owner to correct the problem(s). The facility owner shall reimburse
the Borough for all costs.
(2)
Other items may be included in the agreement where determined necessary
to guarantee the satisfactory maintenance of the facilities.
C.
Borough Stormwater Maintenance Fund.
(1)
Persons installing stormwater storage facilities shall be required
to pay a specified amount into the Borough Stormwater Maintenance
Fund to help defray costs of the periodic inspections and maintenance
expenses. The amount to be deposited shall be determined as follows:
(a)
If the storage facility is to be privately owned and maintained,
the deposit shall cover the cost of periodic inspections performed
by the municipality for a period of 10 years, as estimated by the
Borough Engineer. After that period of time, inspections will be performed
at the expense of the municipality.
(b)
If the storage facility is to be owned and maintained by the
Borough, the deposit shall cover the estimated costs for the maintenance
and inspections for 10 years. The Borough Engineer will estimate costs
utilizing information submitted by the applicant.
(c)
The amount of the deposit of the fund shall be converted to
present worth of the annual series values. The Borough Engineer shall
determine the present worth equivalents which shall be subject to
the approval of the governing body.
(2)
If a storage facility is proposed that also serves as a recreation
facility (e.g., ball field, lake), the Borough may reduce or waive
the amount of the maintenance fund deposit based upon the value of
the land for public recreation purposes.
(3)
If in the future a storage facility (whether publicly or privately
owned) is eliminated due to the installation of storm sewers or other
storage facility, the unused portion of the maintenance fund deposit
will be applied to the cost of abandoning the facility and connecting
the storm sewer system or other facility. Any amount of the deposit
remaining after the costs of abandonment are paid will be returned
to the depositor.
A.
General requirements.
(1)
No final subdivision/land development plan shall be approved, no
permit authorizing construction issued or any earth-moving or land-disturbance
activity initiated until the final stormwater management plan for
the development site is approved in accordance with the provisions
of this chapter.
B.
Exemptions for small developments.
(1)
At the time of application, the Borough shall determine if the subdivision/land
development qualifies as a small development and, therefore, is eligible
for a simplified stormwater plan submission. For the purposes of this
chapter, a small development is any subdivision or land development
which results in (or will result when fully constructed) the creation
of 5,000 or less square feet of impervious surface area.
(2)
Applications for small developments shall include a plan which describes
the type and location of proposed on-site stormwater management techniques
or the proposed connection to an existing storm sewer system. The
plan should show accurately site boundaries, five-foot interval contours,
locations of watershed and/or subarea boundaries on the site (if applicable)
and any watercourses, floodplains or existing drainage facilities
or structures located on the site. The Borough reserves the right
to require that the plan be prepared by a registered professional
engineer, surveyor or landscape architect.
(3)
The Borough Engineer shall review and approve the proposed provisions
for stormwater management in accordance with the standards and requirements
of this chapter.
C.
Stormwater plan contents.
(1)
General format. The stormwater plan shall be drawn to a scale of
not less than one inch equals 50 feet, or as approved by the Borough
Engineer. All sheets shall contain a title block with the name and
address of the applicant and engineer, scale, North arrow, legend
and date of preparation.
(2)
Existing and proposed features. The plan shall show the following:
(a)
Watershed location. Provide a key map showing the location of
the development site within the watershed(s). On all site drawings,
show the boundaries of the watershed(s) as they are located on the
development site and identify watershed name(s).
(b)
Floodplain boundaries. Identify one-hundred-year floodplains
on the development site (as appropriate) based on the Flood Insurance
Rate Maps for the Borough.
(c)
Natural features. Show all bodies of water (natural or artificial),
watercourses (permanent and intermittent), swales, wetlands and other
natural drainage courses on the development site or which will be
affected by runoff from the development.
(d)
Soils. Provide an overlay showing soil types and boundaries
within the development site (consult Allegheny County Conservation
District, NRCS and United States Geological Survey for information).
(e)
Contours. Show existing and final contours at intervals of two
feet; in areas with slopes greater than 15%, five-foot contour intervals
may be used.
(f)
Land cover. Show existing and final land cover classifications
as necessary to support and illustrate the runoff calculations performed.
(g)
Drainage area delineations. Show the boundaries of the drainage
areas employed in the runoff calculations performed.
(h)
Stormwater management controls. Show any existing stormwater
management or drainage controls and/or structures, such as sanitary
and storm sewers, swales, culverts, etc., which are located on the
development site or which are located off site but will be affected
by runoff from the development.
(3)
Professional certification. The stormwater management plan (including
all calculations) shall be prepared and sealed by a registered professional
engineer, surveyor or landscape architect with training and expertise
in hydrology and hydraulics. Documentation of qualifications may be
required by the Borough.
(4)
Runoff calculations. Calculations for determining pre-development and post-development discharge rates and for designing proposed stormwater control facilities must be submitted with the stormwater management plan. All calculations shall be prepared using the methods and data prescribed by § 157-4 of this chapter.
(5)
Stormwater controls. All proposed stormwater runoff control measures must be shown on the plan, including methods for collecting, conveying and storing stormwater runoff on site, which are to be used both during and after construction. Erosion and sedimentation controls shall be shown in accordance with § 157-6 of this chapter. The plan shall provide information on the exact type, location, sizing, design and construction of all proposed facilities and the relationship to the existing watershed drainage system.
(a)
If the development is to be constructed in stages, the applicant
must demonstrate that stormwater facilities will be installed to manage
stormwater runoff safely during each stage of development.
(b)
A schedule for the installation of all temporary and permanent
stormwater control measures and devices shall be submitted.
(6)
Easements, rights-of-way and deed restrictions. All existing and
proposed easements and rights-of-way for drainage and/or access to
stormwater control facilities shall be shown along with any areas
subject to special deed restrictions relative to or affecting stormwater
management on the development site.
(7)
Other permits/approvals. A list of any approvals/permits relative
to stormwater management that will be required from other governmental
agencies (Pennsylvania DEP Chapter 105 and 106 permits and/or NPDES
permit) and anticipated dates of submission/receipt should be included
with the stormwater plan submission. Copies of permit applications
may be requested by the municipality where they may be helpful for
the plan review.
(8)
Maintenance program. The proposed maintenance plan for all stormwater
control facilities shall:
(a)
Identify the proposed ownership entity (e.g., municipality,
property owner, private corporation, homeowners' association
or other entity).
(b)
Identify the type of maintenance, probable frequencies, personnel
and equipment requirements and estimated annual maintenance costs.
(c)
Identify method of financing, continuing operation and maintenance
if the facility is to be owned by other than a governmental agency.
A.
Preapplication phase.
(1)
Before submitting the stormwater plan, applicants are urged to consult
with the Borough, Allegheny County Planning Department and Allegheny
County Conservation District on the applicable regulations and techniques
for safely managing runoff from the development site. These agencies
may also be helpful in providing necessary data for the stormwater
management plan.
(2)
Applicants are encouraged to submit a sketch plan with a narrative
description of the proposed stormwater management controls for general
guidance and discussion with the municipality and other agencies.
(3)
The preapplication phase is not mandatory; any review comments provided
by the Borough or other agencies are advisory only and do not constitute
any legally binding action on the part of the municipality or any
county agency.
B.
Stormwater plan reviews.
(1)
Submission of plans. Stormwater plan applications shall be submitted
with the preliminary and final subdivision/land development applications.
(2)
Notification of affected municipalities. The municipality shall notify
municipalities upstream and downstream of the development site which
may be affected by the stormwater runoff and proposed controls for
the site. Copies of the plans will be made available to the municipalities
upon request. Comments received from any affected municipality will
be considered by the Borough Engineer and county agencies in their
reviews.
(3)
County planning review.
(a)
The Borough shall forward a copy of the stormwater plan, along
with all runoff calculations, to the Allegheny County Planning Department.
A report of the findings will be returned to the municipality within
30 days.
(b)
If the Department determines that the plan fails to comply with
the watershed standards and criteria or that a possibility exists
for harmful downstream impacts from the development site, the applicant
will be advised so that proposed stormwater management controls can
be modified. The Borough Engineer shall not approve the development
site's stormwater management plan until it receives a positive
review from the County Planning Department.
(4)
Borough Engineer's review. The Borough Engineer shall approve
or disapprove the stormwater management plan based on the requirements
of the municipal ordinances, the standards and criteria of the watershed
plan and good engineering practice. The engineer shall submit a written
report, along with supporting documentation, stating their reasons
for approval or disapproval.
(5)
Status of the Engineer's determination. The approval/disapproval
of the site's stormwater management plan by the Borough Engineer
shall be considered final. The governing body shall not reverse the
Engineer's determination by approving or disapproving the site's
stormwater management plan or any specific control measure in contradiction
of the Engineer's action. The governing body may request modifications
or alternative approaches to the stormwater management controls, provided
that these are agreed to by the Borough Engineer and the applicant's
engineer.
(6)
Permits required from other governmental agencies. Where the proposed
development requires an obstruction permit from the Pennsylvania DEP
or an erosion/sedimentation permit from the County Conservation District,
final stormwater management plan approval shall be granted subject
to the receipt of such permits. No building permit shall be issued,
nor construction started, until the permits are received and copies
filed with the Borough.
A.
Upon final stormwater plan approval and receipt of all necessary
permits, the applicant may commence to install or implement the approved
stormwater management controls.
B.
If site development or building construction does not begin within
two years of the date of final approval of the stormwater management
plan, then, before doing so, the applicant shall resubmit the stormwater
management plan to verify that no condition has changed within the
watershed that would affect the feasibility or effectiveness of the
previously approved stormwater management controls. Further, if for
any reason development activities are suspended for two years or more,
then the same requirement for resubmission of the stormwater management
plan shall apply.
A.
If the request for a plan modification is initiated before construction begins, the stormwater plan must be resubmitted and reviewed according to the procedures contained in § 157-7 above.
B.
If the request for a plan modification is initiated after construction is under way, the Borough Engineer shall have the authority to approve or disapprove the modification based on field inspection, provided that the requested changes in stormwater controls do not result in any modifications to other approved municipal land use/development requirements (e.g., building setbacks, yards, etc.) and the performance standards in § 157-2 are met. Notification of the Engineer's action shall be sent to the governing body which may issue a stay of the plan modification within five days and require the permittee to resubmit the plan modification for full stormwater plan review in accordance with § 157-7 above.
A.
The Borough Engineer or a designated representative shall inspect
the construction of the temporary and permanent stormwater management
system for the development site. The permittee shall notify the Engineer
48 hours in advance of the completion of the following key development
phases:
(1)
At the completion of preliminary site preparation, including stripping
of vegetation, stockpiling of topsoil and construction of temporary
stormwater management and erosion control facilities.
(2)
At the completion of rough grading but prior to placing topsoil,
permanent drainage or other site development improvements and ground
covers.
(3)
During construction of the permanent stormwater facilities at such
times as specified by the Borough Engineer.
(4)
Completion of permanent stormwater management facilities, including
established ground covers and plantings.
(5)
Completion of final grading, vegetative control measures or other
site restoration work done in accordance with the approved plan and
permit.
B.
No work shall commence on any subsequent phase until the preceding
one has been inspected and approved. If there are deficiencies in
any phase, the Borough Engineer shall issue a written description
of the required corrections and stipulate the time by which they must
be made.
C.
If, during construction, the contractor or permittee identifies any
site conditions, such as subsurface soil conditions, alterations in
surface or subsurface drainage which could affect the feasibility
of the approved stormwater facilities, he/she shall notify the Borough
Engineer within 24 hours of the discovery of such condition and request
a field inspection. The Borough Engineer shall determine if the condition
requires a stormwater plan modification.
D.
In cases where stormwater facilities are to be installed in areas
of landslide-prone soils or other special site conditions exist, the
municipality may require special precautions such as soil tests and
core borings, full-time inspectors and/or similar measures. All costs
of any such measures shall be borne by the permittee.
A.
Guarantee of completion. A completion guarantee in the form of a
bond, cash deposit, certified check or other negotiable securities
acceptable to the Borough shall be filed. The guarantee shall cover
all streets, sanitary sewers, stormwater management facilities, water
systems, fire hydrants, sidewalks and other required improvements;
it shall be in the amount and form prescribed by the Municipalities
Planning Code (Section 509).[1]
[1]
Editor's Note: See 53 P.S. § 10509.
C.
Default of completion guarantee. If improvements are not installed
in accordance with the approved final plan, the governing body may
enforce any corporate bond or other security by appropriate legal
and equitable remedies. If proceeds of such bond or other security
are insufficient to pay the cost of installing or making repairs or
corrections to all the improvements covered by said security, the
governing body may at its option install part of such improvements
in all or part of the development and may institute appropriate legal
or equitable action to recover the moneys necessary to complete the
remainder of the improvements. All proceeds, whether resulting from
the security or from any legal or equitable action brought against
the developer, or both, shall be used solely for the installation
of the improvements covered by such security and not for any other
municipal purpose.
D.
Dedication of public improvements.
(1)
When streets, sanitary sewers, stormwater management facilities,
waterlines or other required improvements in the development have
been completed in accordance with the final approved plan, such improvements
shall be deemed private until such time as they have been offered
for dedication to the Borough and accepted by separate ordinance or
resolution or until they have been condemned for use as a public facility.
(2)
Prior to acceptance of any improvements or facilities, the Borough
Engineer shall inspect it to ensure that it is constructed in accordance
with the approved plan and is functioning properly. In the case of
any stormwater control facility, it must be free of sediment and debris.
(3)
The owner shall submit as-built plans for all facilities proposed
for dedication.
(4)
The developer shall be responsible for providing as-built plans of
all SWM BMPs included in the approved SWM site plan. The as-built
plans and an explanation of any discrepancies with the construction
plans shall be submitted to the municipality.
(5)
The as-built submission shall include a certification of completion
signed by a qualified professional verifying that all permanent SWM
BMPs have been constructed according to the approved plans and specifications.
E.
Maintenance guarantee. Prior to acceptance of any improvements or
facilities, the applicant shall provide a financial security to secure
the structural integrity and functioning of the improvements. The
security shall be in the form of a bond, cash, certified check or
other negotiable securities acceptable to the municipality; be for
a term of 18 months; and be in the amount equal to 15% of the actual
cost of the improvements and facilities so dedicated.
The municipal governing body may adopt by resolution from time
to time a reasonable schedule of fees to cover the cost of administration,
plan reviews, inspections and other activities necessary to administer
the provisions of this chapter. All fees shall be set in accordance
with the applicable provisions of the Municipalities Planning Code,
and any dispute over the fee amount shall be resolved in the manner
prescribed by the Code.
A.
Right of entry. Upon presentation of proper credentials, duly authorized
representatives of the Borough may enter at reasonable times upon
any property to investigate or ascertain the condition of the subject
property in regard to an aspect regulated by this chapter.
B.
Notification. In the event that the applicant, developer, owner or
his/her agent fails to comply with the requirements of this chapter
or fails to conform to the requirements of any permit, a written notice
of violation shall be issued. Such notification shall set forth the
nature of the violation(s) and establish a time limit for correction
of the violation(s). Upon failure to comply within the time specified,
unless otherwise extended by the Borough, the applicant, developer,
owner or his/her agent shall be subject to the enforcement remedies
of this chapter.
C.
Preventive remedies.
(1)
In addition to other remedies, the Borough may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
a violation, to prevent unlawful construction, to recover damages
and to prevent illegal occupancy of a building or premises.
D.
Enforcement remedies.
(1)
Any person who has violated or permitted the violation of the provisions
of this chapter shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the municipality, pay a fine of
not less than $50 and not more than $500, plus court costs, including
reasonable attorneys' fees incurred by the Borough. No judgment shall
commence or be imposed, levied or be payable until the date of the
determination of a violation by the District Justice.
(2)
If the defendant neither pays nor timely appeals the judgment, the
Borough may enforce the judgment pursuant to applicable rules of civil
procedure.
(3)
Each day that a violation continues shall constitute a separate violation
unless the District Justice further determines that there was a good-faith
basis for the person violating the chapter to have believed that there
was no such violation. In such case there shall be deemed to have
been only one such violation until the fifth day following the date
of the District Justice's determination of a violation; thereafter,
each day that a violation continues shall constitute a separate violation.
(4)
All judgments, costs and reasonable attorneys' fees collected for
the violation of this chapter shall be paid to the Borough.
(5)
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
(6)
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Borough the right
to commence any action for enforcement pursuant to this section.
E.
Additional remedies. In addition to the above remedies, the Borough
may also seek remedies and penalties under applicable Pennsylvania
statutes, or regulations adopted pursuant thereto, including, but
not limited to, the Storm Water Management Act (32 P.S. § 680.1
et seq.), the Dam Safety and Encroachments Act (32 P.S. §§ 693.1
to 693.27) and the erosion and sedimentation regulations (25 Pennsylvania
Code, Chapter 102). Any activity conducted in violation of this chapter
or any Pennsylvania-approved watershed stormwater management plan
may be declared a public nuisance by the municipality and abatable
as such.
