The Board of Commissioners of the Township of Shaler finds that:
A.
Inadequate management of accelerated stormwater runoff resulting
from development throughout a watershed increases flood flows and
velocities, contributes to erosion and sedimentation, overtaxes the
carrying capacity of existing streams and storm sewers, greatly increases
the cost of public facilities to convey and manage stormwater, undermines
floodplain management and flood reduction efforts in upstream and
downstream communities, reduces groundwater recharge, and threatens
public health and safety.
B.
A comprehensive program of stormwater management, including reasonable
regulation of development and activities causing accelerated erosion
and loss of natural infiltration, is fundamental to the public health,
safety, welfare and the protection of the people of the Township and
all the people of the commonwealth, their resources, and the environment.
The purpose of this chapter is to protect the health, safety
and general welfare of the residents of the Township as well as to
protect, sustain and enhance the surface water and groundwater resources
of the Township. Drainage and stormwater management practices shall
be utilized as directed herein to achieve the following goals and
objectives:
A.
Accommodate site development and redevelopment in a manner that protects
public safety and which is consistent with (or reestablishes) the
natural hydrologic characteristics of each watershed and sustains
groundwater recharge, stream base flows, stable stream channel (geomorphology)
conditions, the carrying capacity of streams and their floodplains,
groundwater and surface water quality, and aquatic living resources
and their habitats.
B.
Reduce and minimize the volume of stormwater generated.
C.
Protect natural infiltration and groundwater recharge rates in order
to sustain groundwater supplies and stream base flows.
D.
Maintain runoff characteristics of the site after completion of development
that are consistent with the carrying capacity and stable channel
conditions of the receiving streams.
E.
Protect water quality by removing and/or treating pollutants prior
to discharge to groundwaters and surface waters throughout the Township
and to protect, restore and maintain the chemical, physical and biological
quality of groundwaters and surface waters.
F.
Protect in-stream channels and geomorphology conditions of the receiving
streams, protect their flood-carrying capacity and aquatic habitats
and to reduce in-stream erosion and sedimentation.
G.
Reduce flooding impacts and prevent a significant increase in surface
runoff rates and volumes, predevelopment to post development, which
could worsen flooding downstream in the watershed, enlarge floodplains,
erode stream banks and create other flood-related, health- welfare-property
losses; in general, to preserve and restore the natural flood-carrying
capacity of streams and their floodplains.
H.
Protect adjacent lands from adverse impacts of direct stormwater
discharges.
I.
Ensure effective long-term operation and maintenance of all permanent
stormwater management facilities.
J.
Maintain natural drainage patterns and encourage the use of natural
drainage systems.
K.
Treat and release stormwater as close to the source of runoff as
possible using a minimum of structures and maximizing reliance on
natural processes.
L.
Maintain the existing water balance in all watersheds, subwatersheds
and streams in the Township, and protect and/or restore natural hydrologic
characteristics and habitats wherever possible throughout the watershed
systems.
M.
Address certain requirements of the Municipal Separate Storm Sewer
System (MS4) National Pollution Discharge Elimination System (NPDES)
Phase II Stormwater Regulations.
N.
Reduce the impacts of runoff from existing developed sites undergoing
redevelopment while encouraging development and redevelopment in urban
areas and areas designated for growth.
O.
Prevent scour and erosion of stream banks and streambeds.
P.
Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code § 93.4a, to protect and maintain
existing uses and maintain the level of water quality to support those
uses in all streams, and to protect and maintain water quality in
special protection streams.
A.
Primary authority. The Township is empowered to regulate these activities
by the authority of the Act of October 4, 1978, P.L. 864 (Act 167),
32 P.S. § 680.1 et seq., as amended, the Storm Water Management
Act, and the First Class Township Code.
The standards contained herein shall apply to all regulated
activities within the Township. In addition, all local, county and
state erosion and sedimentation control approvals must be in place
to proceed with any regulated activity.
A.
Activities regulated by this chapter include, but are not limited
to, the following:
(1)
Land development and redevelopment.
(2)
Subdivision.
(3)
Construction of new or additional impervious or semipervious surfaces
(driveways, parking lots, etc.).
(4)
Construction of new buildings or additions to existing buildings.
(5)
Diversion or piping of any natural or man-made stream channel.
(6)
Installation of stormwater management facilities or appurtenances
thereto.
(7)
Any earth disturbances or any activities that involve the alteration
or development of land or removal of tree and vegetation in a manner
that may affect post-construction stormwater runoff.
B.
Redevelopments shall conform to the requirements contained in § 190-14C(3) when more than a two-thousand-square-foot area of an existing facility is reconstructed following the demolition or partial demolition of the existing facility. The area determination shall be made using the footprint of the area being reconstructed, including all impervious surfaces proposed in the reconstructed area and the area of the parking lot required to support the reconstructed facility. The area of the parking lot required to support the reconstructed facility shall be determined using the Municipal Zoning Ordinance[1] requirements for parking.
Permits and approvals issued pursuant to this chapter shall
not relieve the applicant of the responsibility to comply with or
to secure other required permits or approvals for activities regulated
by any other applicable code, rule, act, statute or ordinance. This
chapter shall not preclude the inclusion in such other permit of more
stringent requirements concerning regulation of stormwater and erosion.
Where a conflict exists between a provision within this chapter and
that of the PADEP Phase II NPDES regulations, as amended, or any other
ordinance of the Township, the more stringent requirements shall govern.
A.
With the approval of Township's governing body, the following
activities may be exempted from on-site stormwater runoff control.
An exemption shall apply only to the requirement for on-site stormwater
facilities and the preparation of a stormwater management plan. All
other stormwater management design elements, such as a storm sewer
system, road culverts, erosion and sedimentation control, and runoff
quality, shall be required. All exemption requests must be filed with
the Township Zoning Officer and approved by the Municipal Engineer.
(1)
Regulated activities smaller than 400 square feet are exempt from
the requirements of this chapter to implement SWM BMPs, unless the
activity is found to be a significant contributor to pollution of
the waters of this commonwealth.
(2)
Small project exemption. Activities having a disturbed area of less than 5,000 square feet are exempt from the peak rate control requirements of this chapter. These projects shall comply with the water quality volume standards contained in § 190-14C(1) and the extended detention requirement contained in § 190-16A(1). The "Small Project Standardized SWM Guidance" document provided in Appendix F was prepared to assist applicants in meeting this requirement for individual lots only.[1] The reduced site plan requirements contained in the "Small
Project Standardized SWM Guidance" document shall apply. These projects
shall be accompanied by an E&S plan that has been reviewed and
approved by the Township.
[1]
Editor's Note: Appendix F is on file in the Township
offices.
(3)
Emergency exemption. Emergency maintenance work performed for the
protection of public health, safety and welfare may be exempted from
the requirements in this chapter to obtain approval for a stormwater
management plan before commencement of the activity; however, a written
description of the scope and extent of any emergency work performed
shall be submitted to the Township within two calendar days of the
commencement of the activity. If the Township finds that the work
is not an emergency, then the work shall cease immediately and may
not resume until a written stormwater management plan is submitted
and approved.
(4)
Maintenance exemption. Any maintenance to an existing stormwater
management system made in accordance with plans and specifications
approved by the Municipal Engineer or Township.
(5)
Gardening. Use of land for gardening for home consumption.
(6)
Agricultural activities. Agriculture, when operated in accordance
with a conservation plan, nutrient management plan or erosion and
sedimentation control plan approved by the Allegheny County Conservation
District, including activities such as growing crops, rotating crops,
the tilling of soil and grazing animals. Installation of new or expansion
of existing farmsteads, animal housing, waste storage and production
areas having impervious surfaces that result in a net increase in
impervious surface of less than 1,000 square feet are exempt from
the requirement to submit a written stormwater management plan.
(7)
Forest management. Forest management operations which are consistent
with a sound forest management plan as filed with the Municipal Zoning
Officer and which follow the Pennsylvania Department of Environmental
Protection's management practices contained in its publication
"Soil Erosion and Sedimentation Control Guidelines for Forestry."
Such operations are required to have an erosion and sedimentation
control plan.
B.
Waivers.
(1)
The provisions of this chapter are the minimum standards for the
protection of the public health, safety, property and welfare.
(2)
If an applicant demonstrates to the satisfaction of the county or its designee that any mandatory provision of this chapter is unreasonable or causes unique or undue unreasonableness or hardship as it applies to the proposed project, or that an alternate design may result in a superior result within the context of §§ 190-2, 190-14A and 190-14B of this chapter, the county or its designee, upon obtaining the comments and recommendations of the Township and the Allegheny County Conservation District, may grant a waiver or relief so that substantial justice may be done and the public interest is secured, provided that such waiver will not have the effect of nullifying the intent and purpose of this chapter.
(3)
Applicants shall refer to the Pennsylvania Stormwater Best Management Practices Manual, Pennsylvania Department of Environmental Protection (DEP) No. 363-0300-002 (2006), as amended and updated, or the Erosion and Sediment Pollution Control Program Manual, Pennsylvania Department of Environmental Protection (DEP) No. 363-2134-008 (2000), as amended and updated, or other appropriate references, for guidance in the design of stormwater management facilities most appropriate to individual site conditions. References to the Maryland Manual, if not deleted, should be to specific sections of Maryland's manual in order to minimize NPDES permitting conflicts with the guidance provided by the Pennsylvania Stormwater BMP Manual. The applicant shall state in full the facts of unreasonableness or hardship on which the request is based, the provision or provisions of the chapter that are involved, and the minimum waiver or relief that is necessary. The applicant shall state how the requested waiver and how the applicant's proposal shall result in an equal or better means of complying with the intent of §§ 190-2, Purpose; 190-14A, Design goals; and 190-14B, General principles, of this chapter.
(4)
The applicant shall submit all waiver requests to Allegheny County
or its designee for review and approval. Copies of the waiver request
shall also be submitted to the Township.
(5)
The governing body shall keep a written record of all actions on
waiver requests.
(6)
The governing body may charge a fee for each waiver request, which
shall be used to offset the administrative costs of reviewing the
waiver request. The applicant shall also agree to reimburse the Township,
the county and the Allegheny County Conservation District for reasonable
and necessary fees that may be incurred in any review of a waiver
request.
(7)
In granting waivers, the county or its designee may impose reasonable
conditions that will, in its judgment, secure substantially the objectives
of the standards or requirements that are to be modified.
(8)
The county or its designee may grant applications for waivers when
the following findings are made:
(b)
That the waiver is the minimum necessary to provide relief.
(c)
That the applicant is not requesting a waiver based solely on
cost considerations.
(d)
That existing off-site stormwater problems will not be exacerbated.
(e)
That runoff is not being diverted to a different drainage area.
(f)
That increased flooding or ponding on off-site properties or
roadways will not occur.
(g)
That potential icing conditions will not occur.
(h)
That increase of post-development peak flow from the site will
not occur and will, in fact, be reduced by the appropriate amount
if the site is in a subbasin having a release rate of less than 100%.
(i)
There will be no increase of the post-development total runoff
volume for all storms equal to or less than the two-year, twenty-four-hour
storm event.
(j)
That adverse impact to water quality will not result.
(k)
That increased one-hundred-year floodplain levels will not result.
(l)
That increased or unusual municipal maintenance expenses will
not result from the waiver.
(m)
That the amount of stormwater generated has been minimized to
the greatest extent allowed.
(n)
That infiltration of runoff throughout the proposed site has
been provided where practicable and predevelopment groundwater recharge
protected at a minimum.
(o)
That peak flow attenuation of runoff has been provided.
(p)
That long-term operation and maintenance activities are established.
(q)
That no receiving streams and/or water bodies within 2,000 feet
downstream will be adversely impacted in flood-carrying capacity,
aquatic habitat, channel stability or erosion and sedimentation.
(9)
Waivers or modifications of the requirements of this chapter may
be approved by the Township if enforcement will exact undue hardship
because of unique physical circumstances or conditions peculiar to
the land in question, provided that the modifications will not be
contrary or detrimental to the public interest and will achieve the
intended outcome and that the purpose of the chapter is preserved.
Hardship must be due to such unique physical circumstances or conditions
and not to circumstances or conditions generally created by the provisions
of the Stormwater Management Ordinance. Cost or financial burden shall
not be considered a hardship. Modifications shall not substantially
or permanently impair the appropriate use or development of adjacent
property. A request for modifications shall be in writing and accompany
the stormwater management site plan submission.
(10)
No waiver or modification of any regulated stormwater activity
involving earth disturbance greater than or equal to one acre may
be granted by the Township. Townships are responsible for reviewing
proposed waivers/modifications. The waiver must come from the landowner
and be presented in writing along with a stormwater management site
plan. The designated plan reviewer shall determine if the plan meets
the requirement of the chapter. If the proposed disturbance is one
acre or greater, it must be approved by the Department of Environmental
Protection (DEP) or the delegated county conservation district.
A.
The management of stormwater on site, both during and upon completion of the disturbances associated with activities permitted under § 190-4, shall be accomplished in accordance with the standards and criteria of this chapter. The design of any temporary or permanent facilities and structures and the utilization of any natural drainage systems shall be in full compliance with this chapter. The intent of these design standards is to encourage environmentally sound stormwater management practices that provide necessary drainage facilities while protecting the hydrologic characteristics and water quality of the site and watershed. Developments shall be required to incorporate stormwater management controls. Stormwater management design shall blend into the natural environment and be aesthetically integrated into the site design.
B.
Applicants shall refer to the Pennsylvania Stormwater Best Management
Practices Manual, as amended; Pennsylvania Handbook of Best Management
Practices for Developing Areas (PACD, 1998); the 2000 Maryland Stormwater
Design Manual (MDE, 2000); or other appropriate references for guidance
in the design of stormwater management facilities most appropriate
to individual site conditions. Objectives for design are to reduce
the volume of stormwater generated, infiltrate runoff at its source
to the maximum extent possible, achieve water quality improvement
at the source or during conveyance, and provide for peak flow attenuation;
applicants shall examine design alternatives by viewing them in a
series. In addition, applicants are strongly encouraged to use structural
and nonstructural stormwater management practices that reduce or eliminate
the need for detention basins.
C.
All SWM design work must be completed by a qualified design professional.
All designs proposing the use of a SWM retention or detention facility
with outlet structure(s) shall be completed by a professional engineer
licensed in the Commonwealth of Pennsylvania.
D.
All development activity within a special flood hazard area designated by the Federal Emergency Management Agency (FEMA) shall comply with Chapter 225 of the Township Code (relating to the Township Zoning Ordinance) and Chapter 130 of the Township Code (relating to floodplain management) and this chapter. All development shall be designed to maintain the flood-carrying capacity of the floodway such that the base flood elevations are not increased, either upstream or downstream, unless an approval is received from PADEP. The natural conveyance characteristics of the site and the receiving floodplain shall be incorporated into the stormwater management practices proposed for the site.
E.
The stormwater management system shall not create an adverse impact
on stormwater quantity or quality in either upstream or downstream
areas. Off-site areas which discharge to or across a site proposed
for development shall be addressed in the stormwater management plan
prepared for the development. No stormwater management plan shall
be approved until it is demonstrated that the runoff from the project
shall not adversely impact downstream areas.
F.
Wetlands shall not be used to meet the minimum design requirements
for stormwater management or stormwater runoff quality treatment,
except when used as part of a treatment train that incorporates a
portion of the outer zone (filter strip) of the wetland's riparian
buffer as a stormwater outfall.
G.
All proposed stormwater management systems shall be designed to prevent
the pollution of groundwater resources by stormwater, promote safety,
minimize health hazards, preserve natural features and provide infiltration
and groundwater recharge where appropriate. Neither submission of
a plan under the provisions herein nor compliance with the provisions
of these regulations shall relieve any person from responsibility
for damage to any person or property otherwise imposed by law.
H.
Where deemed necessary by the Municipal Engineer or as addressed
in an approved Act 167 stormwater management plan, the applicant shall:
(1)
Construct storm drains to handle on-site runoff;
(2)
To the maximum extent permitted under the Municipalities Planning
Code and Act 167, or any amendments thereto, provide on-site/off-site
drainage easements; and
(3)
Provide for the conveyance of off-site runoff to an acceptable outlet
in the same watershed.
I.
Where watercourses traverse a development site, drainage easements
shall be provided conforming to the line of such watercourses. The
terms of the easements shall prohibit excavation, the placing of fill
or structures, except as needed for roadways, driveways and walkways,
or any alterations that may adversely affect the flow of stormwater
within any portions of the easement, and require the establishment
and protection of riparian buffers.
J.
For all regulated activities, stormwater management BMPs shall be
designed, implemented, operated and maintained to meet the purposes
and requirements of this chapter and to meet all requirements under
Pennsylvania Code Title 25, the Clean Streams Law, and the Storm Water
Management Act.
K.
Any regulated activity that may affect the stormwater flows toward
or onto a state or county highway right-of-way or facility shall be
designed, implemented, operated and maintained in accordance with
the regulations of the Pennsylvania Department of Transportation (PennDOT)
or Allegheny County, as the case may be.
L.
At the time of application for a building permit for any approved
lot created by a subdivision and/or improved as a land development
project, issuance of the permit shall be conditioned upon adherence
to the terms of this chapter.
M.
Stormwater discharges to critical areas with sensitive resources
(e.g., special protection waters, cold-water fisheries, recharge areas,
water supply reservoirs, etc.) may be subject to additional performance
criteria or may need to utilize or restrict certain stormwater management
practices.
N.
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 the Pennsylvania Code Title 25 and the Clean
Streams Law. Various BMPs and their design standards are listed in
the Erosion and Sediment Pollution Control Program Manual (E&S
Manual), Commonwealth of Pennsylvania, Department of Environmental
Protection, No. 363-2134-008, as amended and updated.
O.
No regulated earth disturbance activities within the Township shall
commence until the requirements of this chapter are met.
P.
Post-construction water quality protection shall be addressed as
required by the stormwater management requirements contained in this
chapter.
Q.
Operations and maintenance of permanent stormwater BMPs shall be addressed as required by Article V.
R.
All best management practices (BMPs) used to meet the requirements
of this chapter shall conform to the state water quality requirements
and any more stringent requirements as required by the Township.
S.
Techniques described in Appendix B (Nonstructural Stormwater Management
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.[1]
[1]
Editor's Note: Appendix B is on file in the Township
offices.
T.
In selecting the appropriate BMPs or combinations thereof the applicant
shall consider the following:
(1)
Total contributing area.
(2)
Permeability and infiltration rate of the site soils.
(3)
Slope and depth to bedrock.
(4)
Seasonal high-water table.
(5)
Proximity to building foundations and wellheads.
(6)
Erodibility of soils.
(7)
Land availability and configuration of the topography.
(8)
Peak discharge and required volume control.
(9)
Stream bank erosion.
(10)
Efficiency of the BMPs to mitigate potential water quality problems.
(11)
The volume of runoff that will be effectively treated.
(12)
The nature of the pollutant being removed.
(13)
Maintenance requirements.
(14)
Creation/protection of aquatic and wildlife habitat.
U.
Transference of runoff from one DEP-designated Act 167 watershed
to another shall be prohibited unless approved by the Township.
V.
SWM site plans approved by the Township shall be on site throughout
the duration of the regulated activity.
The following permit requirements apply to certain land development
activities and must be met prior to municipal approval of subdivision
or land development plans or issuance of building or occupancy permits,
where applicable:
A.
All regulated earth disturbance activities subject to permit requirements
by DEP under regulations at 25 Pa. Code Chapter 102.
B.
Work within natural drainageways subject to permit by DEP under 25
Pa. Code Chapter 105.
C.
Any stormwater management facility that would be located in or adjacent
to surface waters of the commonwealth, including wetlands, subject
to permit by DEP under 25 Pa. Code Chapter 105.
D.
Any stormwater management facility that would be located on a state
highway right-of-way, or require access from a state highway, shall
be subject to approval by the Pennsylvania Department of Transportation
(PennDOT).
E.
Culverts, bridges, storm sewers or any other facilities which must
pass or convey flows from the tributary area and any facility which
may constitute a dam subject to permit by DEP under 25 Pa. Code Chapter
105.
A.
No regulated earth disturbance activities within the Township shall
commence until the Township receives a copy of all required approvals
from the Conservation District or DEP for an erosion and sediment
control plan.
B.
DEP requires 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).
D.
Evidence of all necessary permit(s) for regulated earth disturbance
activities from the appropriate DEP regional office or county conservation
district shall be provided to the Township.
E.
A copy of the erosion and sediment control plan and all required
permits, as required by DEP regulations, shall be available at the
project site at all times.
F.
Additional erosion and sediment control design standards and criteria
are recommended to be applied where infiltration BMPs are proposed
and shall include the following:
(1)
Areas proposed for infiltration BMPs shall be protected from sedimentation
and compaction during the construction phase to maintain maximum infiltration
capacity.
(2)
Infiltration BMPs shall not be constructed nor receive runoff until
the entire contributory drainage area to the infiltration BMP has
achieved final stabilization.
G.
Erroneous permit. Any permit or authorization issued or approved
based on false, misleading or erroneous information provided by an
applicant is void without the necessity of any proceedings for revocation.
Any work undertaken or use established pursuant to such permit or
other authorization is unlawful. No action may be taken by a board,
agency or employee of the Township purporting to validate such a violation.
A.
No person in the Township shall allow or cause to allow stormwater
discharges into the Township's separate sanitary sewer system
and/or waters of this commonwealth which are not composed entirely
of stormwater, except:
B.
The following discharges are authorized unless they are determined
to be significant contributors to pollution to the waters of this
commonwealth:
(1)
Discharges or flows from firefighting activities.
(2)
Discharges from potable water sources, including waterline flushing
and fire hydrant flushing, if such discharges do not contain detectable
concentrations of total residual chlorine (TRC).
(3)
Noncontaminated irrigation water, water from lawn maintenance, landscape
drainage and flows from riparian habitats and weltands.
(4)
Diverted stream flows and springs.
(5)
Noncontaminated pumped groundwater and water from foundation and
footing drains and crawl space pumps.
(6)
Noncontaminated HVAC condensation and water from geothermal systems.
(7)
Residential (i.e., not commercial) vehicle wash water where cleaning
agents are not utilized.
(8)
Noncontaminated hydrostatic test water discharges, if such discharges
do not contain detectable concentrations of TRC.
(9)
Dechlorinated swimming pool and hot tub discharges, as long as the
PADEP guidelines for swimming pool water discharges are followed.
C.
In the event that the Township determines that any of the discharges identified in § 190-10B significantly contribute to pollution of waters of the commonwealth, or is so notified by the DEP, the Township or PADEP shall notify the responsible person to cease the discharge.
D.
Nothing in this chapter shall affect a discharger's responsibilities
under state law.
E.
Existing roof drain, underdrain and sump pump discharge shall be
directed to lawn area or other pervious areas. If required by the
Township, the discharge shall be directed to a stone sump or infiltration
BMP. If approved by the Township, the discharge may also be directly
connected to the storm sewer system.
