Any application for approval of a subdivision
or land development shall conform to the standards set forth in this
article. The standards specified in this article are minimum design
requirements.
In reviewing any application for approval of
a subdivision or land development, the Board of Commissioners shall
refer the application for development to the Township Engineer for
a recommendation concerning technical compliance with these design
standards and the Township Construction Standards.
[Amended 11-15-2004 by Ord. No. 14-2004]
A.
Grading, filling, removal of topsoil, erosion and
sedimentation control.
(1)
All grading, filling, removal of topsoil and erosion and sedimentation control shall be performed in accordance with the requirements of Chapter 163 of the Code of the Township, Grading and Excavating, and the requirements of the Pennsylvania Clean Streams Law[1] and Ordinance 102 of the Rules and Regulations of the
Pennsylvania Department of Environmental Protection governing erosion
control.
[1]
Editor's Note: See 35 P.S. § 691.1
et seq.
(2)
On any property where evidence exists of undermining,
strip mining or other geologic hazards on the site, a geologic report
by a qualified registered professional soils engineer regarding subsurface
conditions and the probable measures needed to be considered in the
design of the development, site grading and location of structures
or design of their foundations, if any, shall be submitted with the
application for preliminary approval of a subdivision or land development.
B.
Poor soils. Landslide-prone soils and/or poor soils,
listed herein, are defined by the Soils Survey of Allegheny County,
the Soil Conservation Service and USDA. Proposed development activities
on or within 50 feet of an area of poor soils shall be accompanied
by a revegetation or reforesting plan that will restore the natural
characteristics of the area, to the extent practicable. It shall further
be accompanied by a detailed engineering study certified by a registered
professional engineer licensed in the State of Pennsylvania and experienced
in soils engineering and approved by the Township Engineer and containing
the following, at a minimum:
(1)
Detailed site maps at a scale of not less than one
inch equals 50 feet with existing and proposed two-foot contours.
(2)
An investigation of the geological structure of the
site, confirmed by on-site test borings or pits.
(3)
Statement of special conditions.
(4)
Solutions accompanied by a slope stability analysis,
demonstrating a factor of safety of greater than 1.4.
(5)
Detailed construction plans.
(6)
Inspection procedures.
C.
Steep slopes. All areas within development sites of
three acres or more that have slopes in excess of 15% shall be shown
on the plat required to be submitted with an application for preliminary
approval of a subdivision or land development. Slopes shall be calculated
by the applicant's engineer. All steep slopes within these developments
shall be subject to the following regulations:
(1)
Slopes in excess of 40% in subdivisions for single-family
dwellings.
(a)
In any subdivision proposed for single-family
dwellings, natural or man-made steep slopes in excess of 40% existing
on the site at the time of application shall not be disturbed by grading,
alteration or removal of vegetation, except in the following cases:
[1]
To construct, extend or maintain public or private
streets, stormwater management facilities or essential services within
any public or private right-of-way or easement; or
[2]
To provide access to or to develop recreational
facilities within common open space owned and maintained by a homeowners'
association or condominium in a planned residential development or
residential subdivision for the benefit of the residents.
[3]
To reclaim previously strip mined areas, provided
the reclamation is performed in accordance with all requirement of
the Pennsylvania Department of Environment Protection (PA DEP) and
the Township Grading Ordinance[2] and further provided that a geotechnical report prepared by a civil engineer registered in the Commonwealth of Pennsylvania with experience in geotechnical engineering shall be submitted that meets the requirements of Subsection B(3), below.
(b)
Plans for single-family subdivisions shall include
a certification by a registered professional engineer that slopes
in excess of 40% shall not be disturbed, except under the above listed
conditions.
(2)
On any lot in a subdivisions proposed for single-family
dwellings, the top or toe of a steep slope in excess of 25%, whether
natural or resulting from site grading, shall be at least 70 feet
behind the front building line on the lot.
(3)
In all subdivisions and land developments, steep slopes
between 25% and 40% existing on the site at the time of application
may be disturbed by grading, alteration or removal of vegetation,
provided a geotechnical report prepared by a civil engineer registered
in the Commonwealth of Pennsylvania with experience in geotechnical
engineering shall he submitted that indicates the following:
(a)
Slide-prone soils do no exist in the area proposed
for grading, alteration or removal of vegetation.
(b)
The finished slopes after excavating or grading
will be stable and will not create hazards for adjoining property
from erosion, sedimentation or stormwater runoff.
(c)
The foundations of any structures proposed to
be erected in any natural steep slope areas between 25% and 40% or
any such steep slope areas that have been disturbed wild be structurally
sound, including recommendations for special foundation design, if
warranted.
(d)
Restoration of all such slopes from which cover
has been removed shall be finished and seeded within a reasonable
time after such clearance activity. The phrase "a reasonable time"
shall mean within 30 days after grading and/or construction activities
are completed, unless those activities are completed between November
1 and April 1. In such cases, the required seeding or sodding shall
occur by May 1. In all cases, erosion and sedimentation control measures
shall be maintained on the site until replacement cover can be accomplished.
(4)
In land developments that propose the construction of a new nonresidential building or structure or the enlargement of an existing nonresidential building or structure, slopes in excess of 40% existing on the site at the time of application may be disturbed by grading, alteration or removal of vegetation, provided a geotechnical report prepared by a civil engineer registered in the Commonwealth of Pennsylvania with experience in geotechnical engineering shall be submitted that demonstrates compliance with Subsection B(3), above, and the following additional requirements are met:
(a)
Grading, alteration or removal of vegetation
on slopes in excess of 40% shall be limited to that area that is the
minimum necessary to provide:
(b)
Grading shall be performed in compliance with
the requirements of the Township Grading Ordinance, however, the finished
slope that results after the completion of grading of steep slope
areas in excess of 40% shall not he greater than a 2:1 slope, as defined
by the Township Grading Ordinance.
(5)
In all residential zoning districts, for those portions
of a lot having steep slope areas, as defined in this section herein,
the following standards shall apply for all proposed uses:
(a)
Disturbance limits. Based upon steep slope category,
the following disturbance limits shall be the maximum area of such
slopes that may be regraded and/or stripped of vegetation:
|
Steep Slope Category
|
Disturbance Limit
| |
|---|---|---|
|
Slopes at least 15% but less than 20%
|
85%
| |
|
Slopes at least 20% but less than 25%
|
75%
| |
|
Slopes at least 25% but less than 30%
|
35%
| |
|
Slopes 30% or greater but less than 40%
|
10%
| |
|
Slopes 40% or greater
|
0%
|
(b)
Nonresidential lots within the PED and PRD shall
be permitted to disturb a maximum of 60% of steep slopes areas within
each steep slope category, provided it is the minimum disturbance
necessary to allow a permitted use as approved by the Township Engineer.
D.
Planting and cutting of trees; removal of debris.
(1)
Large shade trees shall be adequately protected from
injury and preserved to the extent practical.
(2)
All lot areas which slope towards streets or adjacent
lots shall be required to be seeded with grass or planted with ground
cover so as to prevent washing and erosion.
(3)
During construction, the developer shall remove and
dispose of all uprooted trees, stumps, brush, rubbish, unused building
materials and debris promptly in the interest of public safety.
E.
Flood prone areas. Land identified as flood prone
on maps issued by the Federal Insurance Administration shall be subject
to the regulations of the National Flood Insurance Program and shall
comply with the provisions of Chapter 164 of the Code of the Township,
Floodplain Management.
F.
Appeal process.
(1)
As provided in Article IX, Waivers and Modifications, of the Township Subdivision Regulations, an applicant may request a waiver of requirements under this section. Applicants seeking to obtain a wavier shall submit a written request with the application for preliminary approval.
(2)
In addition to the requirements of Article IX, the applicant must also provide that an independent report prepared by a civil engineer registered in the Commonwealth of Pennsylvania with experience in geotechnical engineering shall be submitted that demonstrates the ability to develop in a safe manner.
A.
Layout.
(1)
Streets shall be planned to conform with the layout
of existing and planned streets and be so located as to allow proper
development of surrounding properties. Local streets shall be laid
out so as to discourage through traffic. Collector streets should
be designed to provide adequate flow of traffic from local streets
to major community facilities and to arterial streets.
B.
Topography. Proposed streets shall be planned to conform
to the contour of the land, to the fullest extent possible to provide
buildable lots, to have a suitable alignment and grade and to allow
proper drainage.
C.
Street grades. Minimum and maximum grades shall be
provided on all streets in accordance with the requirements specified
in the Township Construction Standards.
D.
Right-of-way and paving widths; curbs; shoulders.
(1)
Minimum widths of rights-of-way and minimum widths
of paving shall be provided in accordance with the requirements specified
in the Township Construction Standards. All streets shall be paved
in accordance with the Township Construction Standards.
(2)
Curbs shall be provided on all streets in accordance
with the Township Construction Standards.
(3)
Street shoulders shall be constructed which are uniformly
and thoroughly compacted by rolling and which are level with the tops
of curbs.
E.
Culs-de-sac. A cul-de-sac shall not be approved when a through street is practical and shall not be more than 500 feet in length, unless an intermediate turnaround is provided at a distance of every 500 feet and a modification or exception to the maximum five-hundred-foot length of the cul-de-sac is granted in accordance with the requirements of Article IX of this chapter. A cul-de-sac shall have a minimum right-of-way radius and an outer minimum paving radius as specified in the Design Standards. The maximum grade of the turnaround portion of the cul-de-sac shall be 5%.
F.
Temporary turnarounds. A temporary turnaround may
be required where a road is constructed to an adjoining property line
or where the terminus of a road adjoins property in a future phase
of the plan. The temporary turnaround shall be paved. The right-of-way
radius required for a temporary turnaround shall be a minimum of 50
feet and the outer paving radius of the temporary turnaround shall
be 42 feet.
G.
Visibility.
(1)
No fence, hedges, shrubbery, walls, planting (other
than tress and grass) or similar obstructions shall be located within
the right-of-way, and no such obstruction shall obscure visibility
at any intersection. The location of fences and walls shall be further
subject to the requirements of the Township Zoning Ordinance.
(2)
A clear sight triangle, as defined by this chapter,
shall be maintained free of any obstructions at intersections so that
there shall be a minimum clear sight triangle measured along the center
line from the points of intersection in accordance with the requirements
specified in the Township Construction Standards. The clear sight
triangle shall be shown on the final plat for recording.
H.
Street names. All new street names shall be approved by the Township and the Post Office. Names of new streets shall be sufficiently different in sound and spelling from existing names of streets in the Township or in the 911 service area so as not to cause confusion. A street which is planned as a continuation of an existing street shall bear the same name. Street signs shall be provided in accordance with § 215-69 of this chapter.
I.
Sidewalks. The width and location of sidewalks shall
conform to the standards specified in the Township Construction Standards.
All sidewalks shall be constructed in accordance with the Township
Construction Standards.
J.
Crosswalks. Crosswalks may be required wherever necessary
to facilitate pedestrian circulation and to give access to community
facilities such as parks, playgrounds, schools or public buildings.
Service streets, as defined by this chapter, may be permitted in commercial and industrial developments where needed for loading, unloading or secondary access. Service streets shall be constructed in accordance with Township Construction Standards and shall meet the minimum design standards shown in Appendix I[1] for local streets, except that the minimum right-of-way
width may be reduced to 30 feet and the minimum cartway width may
be reduced to 20 feet.
[1]
Editor's Note: Appendix I is included at the end of this chapter.
Easements for sanitary sewers, water lines and
stormwater management facilities shall be required to have a minimum
width of 20 feet. Where a subdivision or land development is or will
be traversed by a watercourse, there shall be provided a stormwater
easement or drainage right-of-way of a width sufficient for the purpose,
but not less than 20 feet.
The following standards shall apply to all lots
proposed to be subdivided or developed in accordance with this chapter.
A.
Area.
(1)
Minimum lot areas shall conform to the requirements
of the Township Zoning Ordinance.
(2)
When a tract is subdivided into lots that are larger
than the minimum lot area required by the Zoning Ordinance, such lots
or parcels shall be so arranged as to permit a logical location and
opening of future streets and resubdividing with provisions for adequate
utility connections for each subdivision.
B.
Frontage. All lots created by a subdivision shall
have frontage along the right-of-way of a public street, and the width
of the frontage shall conform to the requirements of the Township
Zoning Ordinance. Every lot shall be accessible to emergency service,
public safety and fire-fighting vehicles and equipment.
C.
Double frontage. Double frontage lots shall be avoided;
however, where a double frontage lot is the only practical alternative,
vehicular access shall be limited to only one street and that street
shall be the street with the lower volume of traffic, if physically
feasible. The final plan shall contain a notation restricting vehicular
access to one street frontage.
D.
Side lines. Whenever practical, the side lines of
a lot shall be at right angles or radial to the right-of-way lines
of streets.
E.
Front building lines. Front building lines of lots
shall conform to the minimum requirements of the Township Zoning Ordinance
and shall be shown on the final plat.
F.
Grading. Lots shall be graded to provide drainage
away from buildings, and water shall be drained to the street, rather
than to adjoining property. The developer shall be required to provide
drains or other drainage facilities, as approved by the Township Engineer,
to drain off surface water within the development.
G.
Driveways.
(1)
No driveway shall have a slope of more than 12%.
(2)
Driveways intersecting Township streets shall be constructed
in accordance with the Township Construction Standards. Driveways
intersecting state roads shall be constructed in accordance with the
Pennsylvania Department of Transportation Design Manual, Part 2, Ordinance
18. Driveways entering county roads shall conform to the requirements
of and shall be subject to a permit from the Allegheny County Department
of Public Works.
H.
Accessibility. Every lot, building and structure shall
be accessible to emergency and public safety vehicles.
I.
House numbers. House numbers shall be assigned by
the developer, subject to the approval of the U. S. Postal Service,
and shall be posted at each house so as to be easily visible and readable
from the street.
[Amended 3-15-2004 by Ord. No. 1-2004; 11-15-2004 by Ord. No. 12-2004; 11-14-2018 by Ord. No. 7-2018]
A.
General provisions.
(1)
Short title. This section shall be known and may be cited as the
"Township of South Fayette Stormwater Management Ordinance."
(2)
Statement of findings. The governing body of the municipality finds
that:
(a)
Inadequate management of accelerated runoff of stormwater resulting
from development throughout a watershed increases runoff volumes,
flows and velocities, contributes to erosion and sedimentation, overtaxes
the carrying capacity of streams and storm sewers, greatly increases
the cost of public facilities to carry and control stormwater, undermines
floodplain management and flood control efforts in downstream communities,
reduces groundwater recharge, threatens public health and safety,
and increases nonpoint source pollution of water resources.
(b)
A comprehensive program of stormwater management (SWM), including
regulation of development and activities causing accelerated runoff,
is fundamental to the public health, safety, and welfare and the protection
of people of the Commonwealth, their resources, and the environment.
(c)
Stormwater is an important water resource that provides groundwater
recharge for water supplies and supports the base flow of streams.
(d)
The use of green infrastructure (GI) and low impact development
(LID) are intended to address the root cause of water quality impairment
by using systems and practices which use or mimic natural processes
to: infiltrate and recharge, evapotranspire, and/or harvest and use
precipitation near where it falls to earth. Green infrastructure practices
and LID contribute to the restoration or maintenance of predevelopment
hydrology.
(e)
Federal and state regulations require certain municipalities
to implement a program of stormwater controls. These municipalities
are required to obtain a permit for stormwater discharges from their
separate storm sewer systems under the National Pollutant Discharge
Elimination System (NPDES) program.
(3)
Purpose. The purpose of this section is to promote health, safety, and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in Subsection A(2) of this section, through provisions designed to:
(a)
Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code 93 to protect, maintain, reclaim, and restore
the existing and designated uses of the waters of this Commonwealth.
(b)
Preserve natural drainage systems.
(c)
Manage stormwater runoff close to the source, reduce runoff
volumes and mimic predevelopment hydrology.
(d)
Provide procedures and performance standards for stormwater
planning and management.
(e)
Maintain groundwater recharge to prevent degradation of surface
and groundwater quality and to otherwise protect water resources.
(f)
Prevent scour and erosion of stream banks and streambeds.
(g)
Provide proper operation and maintenance of all stormwater best
management practices (BMPs) that are implemented within the municipality.
(h)
Provide standards to meet NPDES permit requirements.
(4)
Statutory authority. The municipality is empowered to regulate land
use activities that affect runoff by the authority of the Act of July
31, 1968, P.L. 805, No. 247. The Pennsylvania Municipalities Planning
Code[1]; as amended, and/or the Act of October 4, 1978, P.L. 864
(Act 167), 32 P.S. § 680.1, et seq., as amended, The Stormwater
Management Act.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(5)
Applicability. All regulated activities and all activities that may
affect stormwater runoff, including land development and earth disturbance
activity, are subject to regulation by this section.
(6)
Repealer. Any other ordinance provision(s) or regulation of the municipality
inconsistent with any of the provisions of this section is hereby
repealed to the extent of the inconsistency only.
(7)
Severability. In the event that a court of competent jurisdiction
declares any section or provision of this section invalid, such decision
shall not affect the validity of any of the remaining provisions of
this section.
(8)
Compatibility with other requirements. Approvals issued and actions
taken under this section do not relieve the applicant of the responsibility
to secure required permits or approvals for activities regulated by
any other code, law, regulation or ordinance.
(9)
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 municipality purporting to validate such
a violation.
(10)
Waivers.
(a)
If the municipality determines that any requirement under this section cannot be achieved for a particular regulated activity the municipality may, after an evaluation of alternatives, approve measures other than those in this section, subject to Subsection A(10)(b). The proposed area of disturbance shall be less than one acre. The request for a modification or waiver shall originate with the landowner, shall be in writing, and shall accompany the stormwater management site plan submitted to the municipality. The request shall provide the facts on which the request is based, the provisions of the ordinance involved, and the proposed modification. The designated plan reviewer shall review the request to determine if it meets the requirements of the ordinance, including Subsection A(10)(b) below. If acceptable to the municipality, the municipality may grant the waiver or modification.
(b)
Waivers or modifications of the requirements of this section may be approved by the municipality 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 ordinance 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, as directed in Subsection A(10)(a) above.
(c)
No waiver or modification of any regulated stormwater activity
involving earth disturbance greater than or equal to one acre may
be granted by the municipality.
(11)
Version of regulations and standards. Any reference to a statute,
regulation or standard, shall be interpreted to refer to the latest
or most current version of that document.
(12)
Disclaimer of liability.
(a)
For regulatory purposes, the degree of stormwater management
sought by the provisions of this section is considered reasonable.
This section shall not impose upon the municipality any legal duty
in addition to those duties otherwise imposed under the Stormwater
Management Act[2] upon the municipality, any appointed or elected official,
employee or representative of the municipality. It is not the intention
of the municipality to guarantee the elimination of harm resulting
from stream flow, floods, rain, snow, or stormwater runoff; or erosion
resulting therefrom. It is the intention of the municipality to create
reasonable stormwater management regulations which balance several
competing interests in an appropriate fashion with the emphasis on
public safety.
[2]
Editor's Note: See 32 P.S. § 680.1 et seq.
(b)
This section does not imply that areas within or outside any
identified flood-prone area will be free from flooding or flood damages.
(c)
Neither the granting of any approval under this section, nor
the compliance with the provisions of this section, or with any condition
imposed by the municipality or a Municipality 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 person or
property.
(d)
The granting of a permit which includes any stormwater management
facilities shall not constitute a representation, guarantee, or warranty
of any kind by the municipality, or by an official, employee, or consultant
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 the municipality, or an official, employee, or consultant
thereof, for any damage that may result pursuant thereto.
B.
Definitions.
(1)
For the purposes of this section, certain terms and words used herein
shall be interpreted as follows:
(a)
Words used in the present tense include the future tense; the
singular number includes the plural, and the plural number includes
the singular; words of masculine gender include feminine gender; and
words of feminine gender include masculine gender.
(b)
The word "includes" or "including" shall not limit the term
to the specific example but is intended to extend its meaning to all
other instances of like kind and character.
(c)
The words "shall" and "must" are mandatory; the words "may"
and "should" are permissive.
(2)
ACT 167
AGRICULTURAL ACTIVITY
APPLICANT
BEST MANAGEMENT PRACTICE (BMP)
CONSERVATION DISTRICT
DEP
DESIGN STORM
DESIGNATED PLAN REVIEWER
DETENTION BASIN
DETENTION VOLUME
DEVELOPMENT SITE (SITE)
DISTURBED AREA
EARTH DISTURBANCE ACTIVITY
EROSION
EXISTING CONDITION
FEMA
FLOODPLAIN
FLOODWAY
FOREST MANAGEMENT/TIMBER OPERATIONS
GREEN INFRASTRUCTURE
GROUNDWATER
GROUNDWATER RECHARGE
HYDROLOGIC SOIL GROUP (HSG)
IMPERVIOUS SURFACE (IMPERVIOUS AREA)
INFILTRATION
INVASIVE SPECIES
LAND DEVELOPMENT (DEVELOPMENT)
LOW IMPACT DEVELOPMENT (LID)
MUNICIPALITY
NATIVE VEGETATION
NRCS
PEAK DISCHARGE
PERVIOUS AREA
PROJECT SITE
QUALIFIED PROFESSIONAL
REGULATED ACTIVITIES
REGULATED EARTH DISTURBANCE ACTIVITY
RELEASE RATE
RELEASE RATE DISTRICT
RETENTION VOLUME/REMOVED RUNOFF
RETURN PERIOD
RIPARIAN BUFFER
RUNOFF
SEDIMENT
STATE WATER QUALITY REQUIREMENTS
STORMWATER
STORMWATER MANAGEMENT FACILITY
STORMWATER MANAGEMENT SITE PLAN
STREAM
SUBDIVISION
USDA
WATERCOURSE
WATERS OF THIS COMMONWEALTH
WATERSHED
WETLAND
These definitions do not necessarily reflect the definitions contained
in pertinent regulations or statutes and are intended for this section
only.
The municipality is empowered to regulate land use activities
that affect runoff and surface and groundwater quality and quantity
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."
Activities associated with agriculture, such as agricultural
cultivation, agricultural operation, and animal heavy use areas. This
includes the work of producing crops, including tillage, land clearing,
plowing, disking, harrowing, planting, harvesting crops or the pasturing
and raising of livestock and installation of conservation measures.
Construction of new buildings or impervious area is not considered
an agricultural activity.
A landowner, developer, or other person who has filed an
application to the municipality for approval to engage in any regulated
activity at a project site in the municipality.
Activities, facilities, designs, measures, or procedures
used to manage stormwater impacts from regulated activities, to meet
state water quality requirements, to promote groundwater recharge,
and to otherwise meet the purposes of this section. Stormwater BMPs
are commonly grouped into one of two broad categories or measures:
"structural" or "nonstructural." In this section, nonstructural BMPs
or measures refer to operational and/or behavior-related practices
that attempt to minimize the contact of pollutants with stormwater
runoff, whereas structural BMPs or measures are those that consist
of a physical device or practice that is installed to capture and
treat stormwater runoff. Structural BMPs include, but are not limited
to, a wide variety of practices and devices, from large-scale retention
ponds and constructed wetlands, to small-scale underground treatment
systems, infiltration facilities, filter strips, low impact design,
bioretention, wet ponds, permeable paving, grassed swales, riparian
or forested buffers, sand filters, detention basins, and manufactured
devices. Structural stormwater BMPs are permanent appurtenances to
the project site.
A conservation district, as defined in Section 3(c) of the
Conservation District Law [(3 P.S. § 851(c)] that has the
authority under a delegation agreement executed with DEP to administer
and enforce all or a portion of the regulations promulgated under
25 Pa. Code 102.
The Pennsylvania Department of Environmental Protection.
The magnitude and temporal distribution of precipitation
from a storm event measured in probability of occurrence (e.g., a
five-year storm) and duration (e.g., 24 hours) used in the design
and evaluation of stormwater management systems. Also see "return
period."
A qualified professional as defined herein, or organization
such as the Allegheny County Conservation District, that has been
designated by the municipality to be the reviewer of SWM site plans
for the municipality, and shall be understood to be the reviewer where
indicated as the municipality within this section.
An impoundment designed to collect and retard stormwater
runoff by temporarily storing the runoff and releasing it at a predetermined
rate. Detention basins are designed to drain completely in a designed
period after a rainfall event, and to become dry until the next rainfall
event.
The volume of runoff that is captured and released into the
waters of the Commonwealth at a controlled rate.
See "project site."
An unstabilized land area where an earth disturbance activity
is occurring or has occurred.
A construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing;
grading; excavations; embankments; road maintenance; building construction;
and the moving, depositing, stockpiling, or storing of soil, rock,
or earth materials.
The natural process by which the surface of the land is worn
away by water, wind, or chemical action.
The dominant land cover during the five-year period immediately
preceding a proposed regulated activity.
Federal Emergency Management Agency.
Any land area susceptible to inundation by water from any natural source or delineated by applicable FEMA maps and studies as being a special flood hazard area. Also includes areas that comprise Group 13 Soils, as listed in Appendix A of the Pennsylvania DEP Technical Manual for Sewage Enforcement Officers (as amended or replaced from time to time by DEP).
The channel of the watercourse and those portions of the
adjoining floodplains that are reasonably required to carry and discharge
the 100-year flood. Unless otherwise specified, the boundary of the
floodway is as indicated on maps and flood insurance studies provided
by FEMA. In an area where no FEMA maps or studies have defined the
boundary of the 100-year floodway, it is assumed — absent evidence
to the contrary —that the floodway extends from the stream to
50 feet from the top of the bank of the stream.
Planning and activities necessary for the management of forestland.
These include conducting a timber inventory, preparation of forest
management plans, silvicultural treatment, cutting budgets, logging
road design and construction, timber harvesting, site preparation,
and reforestation.
Systems and practices that use or mimic natural processes
to infiltrate, evapotranspire, or reuse stormwater on the site where
it is generated.
Water beneath the earth's surface that supplies wells and
springs and is within the saturated zone of soil and rock.
The replenishment of existing natural underground water supplies
from precipitation or overland flow.
Infiltration rates of soils vary widely and are affected
by subsurface permeability as well as surface intake rates. Soils
are classified into four HSGs (A, B, C, and D) according to their
minimum infiltration rate, which is obtained for bare soil after prolonged
wetting. The NRCS defines the four groups and provides a list of most
of the soils in the United States and their group classification.
The soils in the area of the development site may be identified from
a soil survey report that can be obtained from local NRCS offices
or conservation district offices. Soils become less pervious as the
HSG varies from A to D (NRCS[3]).
A surface that prevents the infiltration of water into the
ground. Impervious surfaces (or areas) shall include, but not be limited
to: roofs; additional indoor living spaces, patios, garages, storage
sheds and similar structures; and any new streets or sidewalks. Decks,
parking areas, and driveway areas are counted as impervious areas
if they directly prevent infiltration. Any surface areas designed
to initially be gravel or crushed stone shall be assumed to be impervious
surfaces. In addition, any surface designed to be constructed of permeable,
pervious or porous concrete, asphalt, or pavers shall be considered
an impervious surface.
Movement of surface water into the soil, where it is absorbed
by plant roots, evaporated into the atmosphere, or percolated downward
to recharge groundwater.
DCNR defines invasive plants as those species that are not
native to the state, grow aggressively, and spread and displace native
vegetation. (See http://www.dcnr.state.pa.us/cs/groups/public/documents/document/dcnr_010314.pdf
for a list of invasive species.)
Inclusive of any or all of the following meanings: the improvement
of one lot or two or more contiguous lots, tracts, or parcels of land
for any purpose involving a group of two or more buildings or the
division or allocation of land or space between or among two or more
existing or prospective occupants by means of, or for the purpose
of streets, common areas, leaseholds, condominiums, building groups,
or other features; any subdivision of land; development in accordance
with § 503(1.1) of the PA Municipalities Planning Code.
Site design approaches and small-scale stormwater management
practices that promote the use of natural systems for infiltration,
evapotranspiration, and reuse of rainwater. LID can be applied to
new development, urban retrofits, and revitalization projects. LID
utilizes design techniques that infiltrate, filter, evaporate, and
store runoff close to its source. Rather than rely on costly large-scale
conveyance and treatment systems, LID addresses stormwater through
a variety of small, cost-effective landscape features located on-site.
Township of South Fayette, Allegheny County, Pennsylvania.
Plant species that have historically grown in Pennsylvania
and are not invasive species as defined herein.
USDA Natural Resources Conservation Service (previously SCS).
The maximum rate of stormwater runoff from a specific storm
event.
Any area not defined as impervious.
The specific area of land where any regulated activities
in the municipality are planned, conducted, or maintained.
Any person licensed by the Pennsylvania Department of State
or otherwise qualified under Pennsylvania law to perform the work
required by this section.
Any earth disturbance activities or any activities that involve
the alteration or development of land in a manner that may affect
stormwater runoff.
Activity involving earth disturbance subject to regulation
under 25 Pa. Code 92, 25 Pa. Code 102, or the Clean Streams Law.[4]
The percentage of existing conditions peak rate of runoff
from a site or subarea to which the proposed conditions peak rate
of runoff must be reduced to protect downstream areas.
A watershed or portion of a watershed for which a release
rate has been established by an adopted Act 167 stormwater management
plan.
The volume of runoff that is captured and not released directly
into the surface waters of this Commonwealth during or after a storm
event.
The average interval, in years, within which a storm event
of a given magnitude can be expected to occur one time. For example,
the twenty-five-year return period rainfall would be expected to occur
on average once every 25 years; or stated in another way, the probability
of a twenty-five-year storm occurring in any one year is 0.04 (i.e.,
a 4% chance).
A permanent vegetated area of trees and shrubs located adjacent
to streams, lakes, ponds and wetlands.
Any part of precipitation that flows over the land.
Soils or other materials transported by surface water as
a product of erosion.
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Title 25 of the Pennsylvania Code
and the Clean Streams Law.
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
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 prepared by the developer or the developer's representative
indicating how stormwater runoff will be managed at the development
site in accordance with this section. Stormwater management site plan
will be designated as SWM site plan throughout this section.
A channel or conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
As defined in The Pennsylvania Municipalities Planning Code,[5] Act of July 31, 1968, P.L. 805, No. 247.
United States Department of Agriculture.
See "stream."
Any and all rivers, streams, creeks, rivulets, impoundments,
ditches, watercourses, storm sewers, lakes, dammed water, wetlands,
ponds, springs, and all 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.
Region or land area drained by a river, watercourse, or other
surface water of this Commonwealth to a downstream point.
Areas that are inundated or saturated by surface 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, and similar areas.
C.
Stormwater management standards.
(1)
General requirements.
(a)
For all regulated activities, unless preparation of an SWM site plan is specifically exempted in Subsection C(2):
(b)
SWM site plans approved by the municipality, in accordance with Subsection D(6) shall be on site throughout the duration of the regulated activity.
(c)
These standards apply to the landowner and any person engaged
in regulated activities.
(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
section 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 Manual[6]), No. 363-2134-008, as amended and updated. Comment on
the adequacy of the erosion and sedimentation controls may be provided
by the municipality per the requirements of Allegheny County Conservation
District.
(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 section.
[3]
For projects that add impervious area to a parcel, the total impervious area on the parcel is subject to the requirements of this section; except that the volume controls in Subsection C(3) and the peak rate controls of Subsection C(4) 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 or downstream property shall
not be created, increased, decreased, relocated, impeded, or otherwise
altered without written notification of the affected property owner(s).
Notification shall include a description of the proposed development
and the stormwater flows that are being created, increased, decreased,
relocated, impeded, or otherwise altered. Adjacent property shall
at a minimum include any property having a shared boundary with the
subject property of the SWM site plan, however, if in the judgement
of the designated plan reviewer additional properties are being affected,
additional notification may be required. Proof of notification (signed
postal receipt for example) shall be included as part of the SWM Plan
submission to the municipality. Such stormwater flows shall be subject
to the requirements of this section.
(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 section 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[7]). If methods other than green infrastructure and LID methods
are proposed to achieve the volume and rate controls required under
this section, the SWM site plan must include a detailed justification,
acceptable to the designated plan reviewer, demonstrating that the
use of LID and green infrastructure is not practicable.
(h)
Infiltration BMPs should be dispersed throughout the project
site at strategic locations, made as shallow as practicable, and located
to maximize use of natural on-site infiltration features while still
meeting the other requirements of this section.
(i)
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. Infiltration tests performed at the facility locations
and proposed basin bottom depths, in accordance with the BMP Manual,
must support time-to-empty calculations if infiltration is a factor.
(j)
The design storm precipitation depths to be used in the analysis
of peak rates of discharge shall be as obtained in PennDOT's Drainage
Manual, Publication 584, Appendix 7A; or 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[8] can be accessed at: http://hdsc.nws.noaa.gov/hdsc/pfds/.
(k)
For all regulated activities, SWM BMPs shall be designed, implemented,
operated, and maintained to meet the purposes and requirements of
this section and to meet all requirements under Title 25 of the Pennsylvania
Code, the Clean Streams Law, and the Storm Water Management Act.
(m)
The municipality may, after consultation with DEP, approve measures
for meeting the state water quality requirements other than those
in this section, provided that they meet the minimum requirements
of, and do not conflict with, state law including, but not limited
to, the Clean Streams Law.[10]
[10]
Editor's Note: See 35 P.S. § 691.1 et seq.
(2)
Exemptions.
(a)
Regulated activities that result in cumulative earth disturbances less than 0.25 acre and propose an increase in impervious area of less than 5,000 square feet are exempt from the requirements in Section 401 of this section except as provided in Subsection C(2)(b) below.
(b)
Earth disturbances between 0.05 acre (2,178 square feet) and 0.25 acre (10,890 square feet) of earth disturbance must submit a SWM site plan to the municipality which shall consist of the following items and related supportive material needed to determine compliance with Subsection C(3) through (5). The applicant can use the protocols in the small project stormwater management site plan (Appendix C).
[1]
General description of proposed stormwater management techniques,
including construction specifications of the materials to be used
for stormwater management facilities.
[2]
An erosion and sediment control plan, including all reviews
and letters of adequacy from the Conservation District where appropriate.
[3]
Limits of earth disturbance, including the type and amount of
impervious area that is proposed; proposed structures, roads, paved
areas, and buildings; and a statement, signed by the applicant, acknowledging
that any revision to the approved drainage plan must be approved by
the municipality, and that a revised erosion and sediment control
plan must be submitted to the municipality or Conservation District
for approval.
[4]
All stormwater management facilities must be located on a plan
and described in detail; and all calculations, assumptions, and criteria
used in the design of the stormwater management facilities must be
shown.
(c)
Agricultural activity is exempt from the SWM site plan preparation requirements of this section, provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
(d)
Forest management and timber operations are exempt from the SWM site plan preparation requirements of this section provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.
(e)
Roadway resurfacing and maintenance projects, which do not increase impervious area, and underground infrastructure projects are exempt, from the provisions of this section, provided the activities meet the requirements of all other Municipal, state and federal requirements. Exemptions from any provisions of this section shall not relieve the applicant from the requirements in Subsection C(1)(d) through (j).
(f)
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.
(g)
Voluntary Green Stormwater Infrastructure (GSI) retrofit projects
that are solely intended to better manage runoff from existing development
and are not part of new development or redevelopment, are exempt from
the stormwater management provisions of this section. This does not
exempt such projects from any other Municipal, state, or federal regulation.
(h)
Use of land for home gardening or landscaping improvements,
provided that such improvements do not significantly alter the runoff
characteristics of the land.
(3)
Volume controls. The green infrastructure and low impact development
practices provided in the BMP Manual[11] shall be utilized for all regulated activities wherever possible. Water volume controls shall be implemented using the Design Storm Method in Subsection C(3)(a) or the Simplified Method in Subsection C(3)(b) below. Water volume controls shall be implemented using the Design Storm Method in Subsection C(3)(a) or the Simplified Method in Subsection C(3)(b) below, or alternative design criteria as allowed by PA Code Title 25, Chapter 102.
(a)
The Design Storm Method (CG-1 in the BMP Manual[12] is applicable as a method to any size of regulated activity.
This method requires detailed modeling based on site conditions. The
following shall be incorporated into the CG-1 method:
[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.
[2]
At least the first one inch of runoff from the net increase
in 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. If the developer provides justification that the
listed removal options are not feasible, and the designated plan reviewer
agrees, runoff shall be detained in a facility designed for a forty-eight-
to seventy-two-hour dewatering time in an area with a dedicated stormwater
system (not contributory to a combined sewer system) and shall be
detained in a facility designed for a seventy-two-hour dewatering
time in an area contributory to a combined sewer system before discharge
to local stormwater systems or the environment. Justification, as
prepared and sealed by a qualified professional, for assertion that
permanent removal is not feasible must be provided, at a minimum,
in the form of field measured infiltration rate testing and geotechnical
evaluation of the existing site soils with regard to the impact of
proposed infiltration. Applications omitting this justification, including
infiltration rate testing will be considered incomplete. BMPs proposing
use of extended detention in lieu of permanent reduction through the
listed methods shall include a valve to adjust or regulate dewatering
time to achieve the performance standards noted herein. The valve
system shall include an inspection/monitoring port for review of dewatering.
(b)
The Simplified Method (CG-2 in the BMP Manual[13]) 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 the net increase in impervious surfaces.
[2]
At least the first one inch of runoff from the net increase
in 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. If the developer provides justification that the
listed removal options are not feasible, and the designated plan reviewer
agrees, runoff shall be detained in a facility designed for a twenty-four-hour
dewatering time in an area with a dedicated stormwater system (not
contributory to a combined sewer system) and shall be detained in
a facility designed for a seventy-two-hour dewatering time in an area
contributory to a combined sewer system before discharge to local
stormwater systems or the environment.
[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.
(4)
Rate controls.
(a)
For areas not covered by a release rate map from an approved
Act 167 Stormwater Management Plan:
[1]
Post-development discharge rates shall not exceed the predevelopment discharge rates for the one-, two-, five-, ten-, twenty-five-, fifty-, and 100-year, twenty-four-hour storm events. This is the equivalent to a 100% release rate area when compared to those rates shown in the maps contained in Appendix A (Release Rate Management Districts[14]). This Predevelopment to Post-development control is not
to be misconstrued as the same as the conditional direct discharge"
areas on the Release Rate maps. For comparison of peak flow rates,
flows shall be rounded to a tenth of a cubic foot per second (cfs).
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 100-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. Peak flows should be computed using the methods included
in the chapter titled "Stormwater Calculations and Methodology" of
the PADEP Stormwater Management BMP Manual. Except, however, where
documented downstream flooding problems exist, the municipality may
impose a 50% reduced release rate criteria.
[14]
Said Appendix is included as an attachment to this section.
(b)
For areas covered by a release rate map from an approved Act
167 Stormwater Management Plan:
[1]
For the one-, two-, five-, ten-, twenty five-, fifty-, and 100-year, twenty-four-hour storm events, the post-development peak discharge rates will follow the applicable approved release rate maps. These maps are contained in Appendix A (Release Rate Management Districts) of this section, For comparison of peak flow rates, flows shall be rounded to a tenth of a cubic foot per second (cfs). For any areas not shown on the release rate maps, the post-development discharge rates shall not exceed the predevelopment discharge rates for the specified design events. Peak flows should be computed using the methods included in Chapter 8 of the PADEP Stormwater Management BMP Manual.
(5)
Riparian buffers.
(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. The intent
of this section in establishing a riparian buffer is to protect and
improve stream water quality. The riparian buffer is intended to slow
overland flow to the stream through the presence of native grasses,
trees and shrubs, allowing infiltration/groundwater recharge; causing
deposition of sediment, nutrients, pesticides, and other pollutants
in the buffer rather than in the stream; and reducing erosion by providing
stream bank stabilization. The trees provide shade for streams; keeping
waters cooler and reducing evaporation.
(b)
Except as required by PA Code Title 25 Chapter 102, the riparian buffer easement shall be required for all streams (as defined in Subsection B) with a contributing watershed area of greater than 10 acres. The riparian buffer easement shall be measured to be a minimum of 35 feet from the top of the streambank (on each side).
(c)
Minimum management requirements for riparian buffers.
[1]
No use or construction within the riparian buffer shall be permitted that is inconsistent with the intent of the riparian buffer as described in Subsection C(5)(a).
[2]
Existing native vegetation shall be protected and maintained
within the riparian buffer easement.
[3]
Whenever practicable, invasive vegetation shall be actively
removed and the riparian buffer easement shall be planted with native
trees, shrubs and other vegetation to create a diverse native plant
community appropriate to the intended ecological context of the site.
(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 required by zoning, unless otherwise specified in the municipal
Zoning Ordinance.
(e)
Any permitted use within the riparian buffer easement shall
be conducted in a manner that will maintain the extent of the existing
100-year floodplain, improve or maintain the stream stability, and
preserve and protect the ecological function of the floodplain.
(f)
Stormwater drainage pipes shall be permitted within the riparian
buffer easement, but they shall cross the easement in the shortest
practical distance. Other structural stormwater management facilities
are not permitted within the riparian buffer easement.
(g)
The following conditions shall apply when public and/or private
recreation trails are permitted by the municipality within the riparian
buffers:
(h)
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.
(i)
Underground utilities shall be permitted within the riparian
buffer easement; however, work shall be performed to minimize disturbance
area and removal of trees. Restoration within the riparian buffer
easement shall be with native species of trees, grasses, and other
plantings. One tree shall be planted for each tree removed and the
restoration shall be designed by a registered professional with the
requisite experience. Aboveground utilities shall only be permitted
to cross the easement perpendicular to the easement or in the shortest
practical distance. Existing utilities may remain and be maintained
as required.
D.
Stormwater management (SWM) site plan requirements.
(1)
Plan requirements.
(a)
Appropriate sections from the municipality's Subdivision and
Land Development Ordinance, and other applicable local ordinances,
shall be followed in preparing the SWM site plans.
(b)
The municipality shall not approve any SWM site plan that is
deficient in meeting the requirements of this section. At its sole
discretion and in accordance with this subsection, when a SWM site
plan is found to be deficient, the municipality may either disapprove
the submission and require a resubmission, or in the case of minor
deficiencies, the municipality may accept submission of modifications.
(c)
The following items shall be included in the SWM site plan:
[1]
Provisions for permanent access or maintenance easements for
all physical SWM BMPs, such as ponds and infiltration structures,
as necessary to implement the Operation and Maintenance (O&M)
Plan discussed in Subsection D(1)(c)[3][i] below.
[2]
The following signature block for the municipality:
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"(Municipal official or designated plan reviewer (Subsection D(3)(a)), on this date (Signature date), has reviewed and hereby certifies that the SWM site plan meets all design standards and criteria of the Municipal Ordinance No. (_____, except where waivers have been granted as noted on the plan. The review is based on a survey and plan prepared by others and assumes that all information is correct and valid as submitted."
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[3]
The SWM site plan shall provide the following information:
[a]
The overall stormwater management concept for the
project.
[c]
A key map showing the development site's location
within the municipality's stormwater management districts, watersheds
and subareas. On all site drawings, show the boundaries of the district(s),
watershed(s) and subarea(s) as they are located on the development
site and identify their district and watershed names and applicable
subarea numbers.
[d]
Location of the 100-year floodplain on the development
site based on the municipal current Flood Insurance Rate Maps.
[e]
Stormwater runoff design computations and documentation as specified in this section, or as otherwise necessary to demonstrate that the maximum practicable measures have been taken to meet the requirements of this section, including the recommendations and general requirements in Subsection C(1).
[f]
Expected project time schedule.
[g]
A soil erosion and sediment control plan, where
applicable, as prepared for and submitted to the approval authority.
[h]
The effect of the project (in terms of runoff volumes,
water quality, and peak flows) on surrounding properties and aquatic
features and on any existing stormwater conveyance system that may
be affected by the project.
[i]
Plan and profile drawings and details of all SWM
BMPs, including drainage structures, pipes, open channels, and swales.
[j]
SWM site plan shall show the property lines, dimensions
of the site and the locations of existing and proposed on-lot wastewater
facilities and water supply wells, property boundaries, existing and
proposed topography, point(s) of interest, utilities, and potential
utility conflicts.
[k]
The SWM site plan shall include an O&M Plan
for all existing and proposed physical stormwater management facilities.
This plan shall address long-term ownership and responsibilities for
O&M including type and schedule/frequency of maintenance activities,
personnel and equipment requirements, estimated annual maintenance
costs, and method of financing continuing O&M.
[l]
A justification, acceptable to the designated plan
reviewer, must be included in the SWM site plan if BMPs other than
green infrastructure methods and LID practices are proposed to achieve
the volume, rate and water quality controls under this section.
[m]
Certification and seal of the qualified professional
responsible for the preparation of the plans and report.
[n]
Watershed maps delineating predevelopment and post-development
watershed boundaries and land cover conditions, as well as the flow
path and segments used to determine time of concentrations for each
watershed.
[o]
Storm sewer calculations and watershed maps delineating
all sub-areas used to size and compute flow for the storm sewer system.
[p]
Existing contours at intervals of two feet except
in areas with slopes greater than 15%, in which case five-foot contour
intervals may be used.
[q]
Contours of the finished project site at intervals
of two feet, except in areas with slopes greater than 15%, in which
case, five-foot contour intervals may be used.
(3)
Plan review.
(a)
The municipality has designated the Municipal Engineer as the
designated plan reviewer of SWM site plans for the municipality, and
shall be understood to be the reviewer where indicated as the municipality
within this section.
(b)
SWM site plans shall be reviewed by the municipality for consistency
with the provisions of this section.
(c)
The municipality shall notify the applicant in writing within
45 days whether the SWM site plan is approved or disapproved or requires
additional documentation. If the SWM site plan involves a subdivision
and land development plan, the notification shall occur within the
time period allowed by the Municipalities Planning Code (90 days).
If a longer notification period is provided by other statute, regulation,
or ordinance, the applicant will be so notified by the municipality.
(d)
For any SWM site plan that proposes to use any BMPs other than
green infrastructure and LID practices to achieve the volume and rate
controls required under this section, the municipality will not approve
the SWM site plan unless it determines that green infrastructure and
LID practices are not practicable.
(e)
If the municipality disapproves the SWM site plan, the municipality
will state the reasons for the disapproval in writing. The municipality
also may approve the SWM site plan with conditions and, if so, shall
provide the acceptable conditions for approval in writing.
(4)
Modification of plans. A modification to a submitted SWM site plan
that involves a change in SWM BMPs or techniques, or that involves
the relocation or redesign of SWM BMPs, or that is necessary because
soil or other conditions are not as stated on the SWM site plan, as
determined by the designated plan reviewer, shall require a resubmission
of the modified SWM site plan in accordance with this subsection.
(5)
Resubmission of disapproved SWM site plans. A disapproved SWM site plan may be resubmitted, with the revisions addressing the municipality's concerns, to the municipality in accordance with this Article. The applicable review fee, in accord with Subsection G must accompany a resubmission of a disapproved SWM site plan.
(6)
Authorization to construct and term of validity. The municipality's approval of an SWM site plan authorizes the regulated activities contained in the SWM site plan for a maximum term of validity of five years following the date of approval. The municipality may specify a term of validity shorter than five years in the approval for any specific SWM site plan. Terms of validity shall commence on the date the municipality signs the approval for an SWM site plan. If an approved SWM site plan is not completed according to Subsection D(7) within the term of validity, then the municipality may consider the SWM site plan disapproved and may revoke any and all permits. SWM site plans that are considered disapproved by the municipality shall be resubmitted in accordance with Subsection D(5) of this section.
(7)
Record drawings, completion certificate, and final inspection.
(a)
The developer shall be responsible for providing record drawings
of all SWM BMPs included in the approved SWM site plan, including,
but not limited to BMP grading, outlet structure configuration and
emergency spillway configuration. The record drawings and an explanation
of any discrepancies with the construction plans shall be submitted
to the municipality.
(b)
The record drawing 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. The latitude and longitude coordinates for
all permanent SWM BMPs must also be submitted, at the central location
of the BMPs. If any licensed qualified professionals contributed to
the construction plans, then a licensed qualified professional must
sign the completion certificate. The certification shall include documentation
confirming field reviewed dewatering times for rate and volume control
BMPs. Record drawings shall be provided in both hard copy and electronic
(AutoCAD, latest edition) format.
(c)
The municipality may conduct inspections during construction
as it deems appropriate. If inspections performed by the municipality
reveal deficiencies from the submitted and approved SWM site plan,
the municipality may request corrective actions. Any corrective action
shall be at the cost of the stormwater facility owner.
(d)
After receipt of the completion certification by the municipality,
the municipality may conduct a final inspection.
E.
Design criteria.
(1)
Calculation methodology.
(a)
All computations used in conjunction with the analysis and design
of stormwater management facilities shall be based on one or more
of the following methods, or as otherwise approved in advance by the
municipality:
(c)
The SCS, Type II Rainfall Distribution shall be used for all
analyses. The design storm frequencies for the watershed are:
|
Design Storm
|
24-Hour Rainfall Depth
|
|---|---|
|
1-Year
|
1.97
|
|
2-Year
|
2.35
|
|
5-Year
|
2.88
|
|
10-Year
|
3.30
|
|
25-Year
|
3.90
|
|
50-Year
|
4.40
|
|
100-Year
|
4.92
|
(d)
Predevelopment conditions: The cover type for all sites will
be considered to be the dominant land cover during the five-year period
immediately preceding a proposed regulated activity:
[1]
For the purposes of predevelopment peak flow rate and volume
determination, existing nonforested pervious areas conditions shall
be considered as meadow (good condition). Forested land areas shall
be considered in good condition.
[2]
For the purposes of predevelopment peak flow rate and volume
determination, 20% of existing disturbed impervious area, when present,
shall be considered meadow (good condition).
(e)
Post-development conditions: The hydrologic parameters used
to develop peak flow rates shall be reflective of anticipated soil
runoff characteristics following grading and development of the site.
(f)
Time of concentration: The minimum time of concentration for
any watershed shall be six minutes. A minimum six-minute time of concentration
may be assumed for any post development watershed. Calculations must
be provided for all predevelopment times of concentrations. A minimum
time of concentration cannot be assumed for predevelopment conditions.
(g)
The use of the Basic Rational Method in estimating runoff may
be employed in the design of the storm sewer conveyance system within
the development. The storm sewer system shall be interpreted as the
conduits, culverts, inlets and appurtenant features for the conveying
of stormwater to, through or from a development site to the point
of final discharge or control facility. The Rational Method shall
not be used in the analysis of stormwater runoff from the development
in its entirety or in conjunction with the design of any retention/detention
facilities or other runoff control measures.
(i)
Stormwater runoff shall not be transferred from one watershed
to another unless the watersheds are sub- areas of a larger watershed
that are tributary to a common point of interest within or near the
perimeter of the property. Transfer of runoff from one watershed to
another under any other circumstances shall only be approved at the
discretion of the municipality. Documentation shall be provided that
peak flow rates are not increased following development and there
will be no detrimental impact in downstream areas.
(j)
The Stormwater Management Plan shall consider all of the stormwater
runoff flowing over the project site. Runoff calculations shall be
made to ensure that runoff from the upstream watershed area can be
accommodated by the pipes, drainage easements and watercourses, etc.
on the site.
(2)
Design and construction standards, collection and conveyance facilities.
(a)
All stormwater collection and conveyance facilities (pipes,
swales, and structures) shall be designed for a 100-year design storm
event, unless the runoff would naturally drain overland to a stormwater
detention facility, in which case a twenty-five-year design storm
event may be used. The hydraulic gradeline must be a minimum of two
feet below the surface elevation of structures and within the pipe.
Swales and channels shall provide at least one foot of freeboard above
the energy gradeline. Backwater effects of pipes discharging under
surcharge conditions shall be included.
(b)
Runoff calculations shall include complete hydrology and hydraulic
analysis of all downstream swales and pipe facilities to permanent
stream discharge point, to the municipal boundary or connection to
a state or county owned conveyance system.
(c)
Manholes shall not be spaced more than 300 feet apart for pipe
sizes up to 24 inches in diameter and not more than 450 feet apart
for larger pipe sizes.
(d)
No public stormwater pipe shall be less than 15 inches in diameter
that conveys surface runoff. The minimum pipe slope shall be 1.0%
grade or maintain velocity of two feet per square. For public storm
sewer systems, only pipes related to construction of stormwater BMPs
may be less than 15 inches in diameter.
(e)
All workmanship and materials shall conform to the municipality's
construction standards. In addition, all workmanship and materials
shall conform to the latest edition of PennDOT Form 408 and be supplied
by manufacturers or suppliers listed in PennDOT's Bulletin 15.
(f)
Manhole and inlet castings shall conform to the Pennsylvania
Department of Transportation Form 408 and PennDOT Standards for Roadway
Construction. Inlet grates shall be bicycle safe. Frames and grates
shall be cast iron or structural steel. Concrete frames shall not
be permitted.
(g)
All connections to existing storm sewer pipes shall be made
by construction of a suitable junction box (inlet or manhole) to provide
access for cleanout. No blind connections shall be permitted.
(h)
The discharge of stormwater runoff shall be to a well-defined
drainage course, which has a defined bed and bank. If stormwater runoff
cannot be discharged to a defined drainage course, documentation of
written permission from each downstream property owner shall be provided
for all properties between the source of discharge and the defined
drainage course. The use of level spreaders or similar BMPs that promote
sheet flow may be permitted if the applicant provides documentation
that the peak post-development 100-year discharge is no greater than
predevelopment two-year discharge and a letter from the geotechnical
engineer of record regarding slope stability of the downstream area
is provided. Use of a level spreader requires a waiver to be granted
by the municipality.
(3)
Design and construction standards, stormwater detention facilities.
(a)
All retention/detention facilities shall be equipped with multistage
outlet structures to provide discharge control for each designated
storm frequency. Provisions shall also be made to safely pass the
post-development 100-year storm runoff in the event of an outlet structure
failure without damaging or impairing the continued function of the
facilities (i.e., impairing the continued function of) the facilities.
The facility(ies) must have an emergency outlet which is able to discharge
the post-development 100-year peak flow. Should any stormwater management
facilities qualify as a dam under PaDEP Chapter 105 criteria, the
facility shall be designed in accordance with those regulations and
meet the regulations concerning dam safety.
(b)
Any stormwater management facility designed to store runoff
shall provide an emergency spillway designed to convey the unattenuated
100-year post-development peak rate flow with a blocked primary outlet
structure and an inundation stormwater to the invert elevation of
the spillway, with a minimum one-foot freeboard to the crest of the
embankment.
(c)
Woody vegetation shall not be permitted on the embankments or
within 25 feet of the emergency spillway.
(d)
The water depth of a storage facility which is not fenced shall
be limited to two feet unless approved by the municipality. Otherwise,
appropriate fencing at least four feet in height shall be required.
(e)
Side slopes of storage facilities shall not exceed a ratio of
three to one horizontal to vertical dimension. The crest of the embankment
shall have a minimum width of not less than 10 feet.
(f)
The facility shall be equipped with an access road at least
10 feet wide and with a maximum of grade of 15% that extends to the
bottom of the detention facility. Access roads greater than 12% grade
must be paved. Access roads 12% or less shall have a minimum six-inch
depth of non-eroding aggregate surface. A gate with a minimum opening
of 10 feet shall be provided for maintenance access. An access easement
with a minimum width of 20 feet to all stormwater detention facilities
shall be provided. The access easement shall include a statement on
the recorded plan from the owner/operator of the facility granting
access to the municipality.
(g)
All stormwater facility outlet structures shall have suitable
gaskets to prevent leakage and piping of water through the facility
embankment. All storm pipes installed through the facility embankment
must be constructed of reinforced concrete pipe. Use of high-performance
polypropylene pipe may be permitted with documentation of pipe manufacturer's
backfill requirements.
(h)
A geotechnical investigation report for the construction of
the stormwater detention/retention and infiltration facilities must
be provided including design recommendation for embankment construction,
interior and exterior slopes, drainage swales and infiltration areas.
(i)
Basin outlet structures shall have nonclogging trash racks over
all design openings. Periodic cleaning of debris from trash racks
shall be included in the operation and maintenance plan.
(j)
Inlet structures and outlet structures shall be separated to
the greatest extent possible in order to maximize the flow path through
the basin.
(k)
BMPs 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 herein as "state water quality requirements").
(l)
Anti-flotation calculations shall be provided for primary outlet
structure providing a minimum factor of safety of 1.5.
F.
Operation and maintenance.
(1)
Responsibilities of developers and landowners.
(a)
The municipality shall make the final determination on the continuing
maintenance responsibilities prior to final approval of the SWM site
plan. The municipality may require a dedication of such facilities
as part of the requirements for approval of the SWM site plan. Such
a requirement is not an indication that the municipality will accept
the facilities. The municipality reserves the right to reject or accept
the ownership and operating responsibility for any portion of the
stormwater management controls.
(b)
Facilities, areas, or structures used as SWM BMPs shall be enumerated
as permanent real estate appurtenances and recorded as deed restrictions
or conservation easements that run with the land.
(c)
The O&M Plan shall be recorded as a restrictive deed covenant
that runs with the land.
(d)
The municipality may take enforcement actions against an owner
for any failure to satisfy the provisions of this subsection.
(2)
Operation and maintenance agreements.
(a)
Prior to final approval of the SWM site plan, the property owner shall sign and record an operation and maintenance (O&M) agreement (see Appendix B[16]) covering all stormwater control facilities which are
to be privately owned.
[1]
The owner, successor and assigns shall maintain all facilities
in accordance with the approved maintenance schedule in the O&M
agreement.
[2]
The owner shall convey to the municipality conservation easements
to asure access for periodic inspections by the municipality and maintenance,
as necessary.
[3]
The owner shall keep on file with the municipality the name,
address, and telephone number of the person or company responsible
for maintenance activities; in the event of a change, new information
shall be submitted by the owner to the municipality within 10 working
days of the change.
[16]
Said Appendix is included as an attachment to this section.
(b)
The owner is responsible for operation and maintenance (O&M)
of the SWM BMPs. If the owner fails to adhere to the O&M agreement,
the municipality may perform the services required and charge the
owner appropriate fees. Nonpayment of fees may result in a lien against
the property.
(3)
Performance guarantee.
(a)
For SWM site plans that involve subdivision and land development,
the applicant shall provide a financial guarantee to the municipality
for the timely installation and proper construction of all stormwater
management controls as required by the approved SWM site plan and
this section in accordance with the provisions of §§ 509,
510, and 511 of the Pennsylvania Municipalities Planning Code.
(b)
For facilities turned over to the municipality, financing shall
be provided for 10 years at present worth.
G.
Fees and expenses.
(1)
General. The municipality may include all costs incurred into the
review fee charged to an applicant.
H.
Prohibitions.
(1)
Prohibited discharges and connections.
(a)
Any drain or conveyance, whether on the surface or subsurface,
that allows any nonstormwater discharge including sewage, process
wastewater, and wash water to enter a regulated small MS4 or to enter
the surface waters of this Commonwealth is prohibited.
(b)
No person shall allow, or cause to allow, discharges into a regulated small MS4, or discharges into waters of this Commonwealth, which are not composed entirely of stormwater, except as provided in Subsection H(1)(c) below and discharges authorized under a state or federal permit.
(c)
The following discharges are authorized unless they are determined
to be significant contributors to pollution of a regulated small MS4
or to the waters of this Commonwealth:
[1]
Discharges or flows from firefighting activities.
[2]
Discharges from potable water sources, including water line
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 wetlands.
[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 discharge are followed.
(d)
In the event that the municipality or DEP determines that any of the discharges identified in Subsection H(1)(c) significantly contribute pollutants to a regulated small MS4 or to the waters of this Commonwealth, the municipality or DEP will notify the responsible person(s) to cease the discharge.
(2)
Roof drains and sump pumps.
(a)
Roof drains and sump pumps shall discharge to infiltration or
vegetative BMPs wherever feasible.
(b)
Unless otherwise approved by the municipality, no stormwater
from roofs or driveway drains shall be discharged to the street surface
or curb.
(c)
Roof drains shall be a minimum of six inches in diameter and
provide cleanouts at 50 feet intervals or at horizontal and vertical
changes.
(3)
Alteration of SWM BMPs. No person shall modify, remove, fill, landscape,
or alter any SWM BMPs, facilities, areas, drainage easements, or structures
that were installed as a requirement of this section without the written
approval of the municipality.
I.
Enforcement and penalties.
(1)
Right of entry. Upon presentation of proper credentials, the municipality
or its designated agent may enter at reasonable times upon any property
within the municipality to inspect the condition of the stormwater
structures and facilities in regard to any aspect regulated by this
section.
(2)
Inspection.
(a)
The landowner or the owner's designee (including the municipality
for dedicated and owned facilities) shall inspect SWM BMPs, facilities
and/or structures installed under this section according to the following
frequencies, at a minimum, to ensure the BMPs, facilities and/or structures
continue to function as intended:
(b)
Inspections should be conducted during or immediately following
precipitation events. A written inspection report shall be created
to document each inspection. The inspection report shall contain the
date and time of the inspection, the individual(s) who completed the
inspection, the location of the BMP, facility or structure inspected,
observations on performance, and recommendations for improving performance,
if applicable. Inspection reports shall be submitted to the municipality
within 30 days following completion of the inspection.
(3)
(4)
Suspension and revocation.
(a)
Any approval or permit issued by the municipality pursuant to
this section may be suspended or revoked for:
[1]
Noncompliance with or failure to implement any provision of
the approved SWM site plan or O&M agreement.
[2]
A violation of any provision of this section or any other applicable
law, ordinance, rule, or regulation relating to the regulated activity.
[3]
The creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard, nuisance,
pollution, or endangers the life or property of others.
(c)
An approval that has been revoked by the municipality cannot
be reinstated. The applicant may apply for a new approval under the
provisions of this section.
(d)
If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the municipality may provide
a limited time period for the owner to correct the violation. In these
cases, the municipality will provide the owner, or the owner's designee,
with a written notice of the violation and the time period allowed
for the owner to correct the violation. If the owner does not correct
the violation within the allowed time period, the municipality may
revoke or suspend any, or all, applicable approvals and permits pertaining
to any provision of this section.
(5)
Penalties.
(a)
Anyone violating the provisions of this section shall be guilty
of a summary offense, and upon conviction, shall be subject to a fine
of not more than $500 for each violation, recoverable with costs.
Each day that the violation continues shall be a separate offense
and penalties shall be cumulative.
(b)
In addition, the municipality may institute injunctive, mandamus,
or any other appropriate action or proceeding at law or in equity
for the enforcement of this section. Any court of competent jurisdiction
shall have the right to issue restraining orders, temporary or permanent
injunctions, mandamus, or other appropriate forms of remedy or relief.
(6)
Appeals.
(a)
Any person aggrieved by any action of the municipality or its
designee, relevant to the provisions of this section, may appeal to
the municipality within 30 days of that action.
(b)
Any person aggrieved by any decision of the municipality, relevant
to the provisions of this section, may appeal to the County Court
of Common Pleas in the county where the activity has taken place within
30 days of the municipality's decision.
J.
References.
(1)
U.S. Department of Agriculture, National Resources Conservation Service
(NRCS). National Engineering Handbook. Part 630: Hydrology, 1969-2001.
Originally published as the National Engineering Handbook, Section
4: Hydrology. Available from the NRCS online at: http://www.nrcs.usda.gov/.
(2)
U.S. Department of Agriculture, Natural Resources Conservation Service.
1986. Technical Release 55: Urban Hydrology for Small Watersheds,
2nd Edition. Washington, D.C.
(3)
Pennsylvania Department of Environmental Protection. No. 363-0300-002
(December 2006), as amended and updated. Pennsylvania Stormwater Best
Management Practices Manual. Harrisburg, PA.
(4)
Pennsylvania Department of Environmental Protection. No. 363-2134-008
(March 31, 2012), as amended and updated. Erosion and Sediment Pollution
Control Program Manual. Harrisburg, PA.
(5)
U.S. Department of Commerce, National Oceanic and Atmospheric Administration,
National Weather Service, Hydrometeorological Design Studies Center.
2004-2006. Precipitation-Frequency Atlas of the United States, Atlas
14, Volume 2, Version 3.0, Silver Spring, Maryland. Internet address:
http://hdsc.nws.noaa.gov/hdsc/pfds/.
A.
Size and grade. Storm drains shall be adequate for the anticipated runoff when the area is fully developed. The minimum diameter of storm sewers shall be 15 inches, and the minimum grade shall be 1%, unless recommended by the Township Engineer and approved by the Board of Commissioners in accordance with the procedure specified in Article IX of this chapter.
B.
Manholes. For pipe sizes of 24 inches or less, manholes
shall be spaced at a maximum of 400 feet and for larger pipe sizes,
the maximum distances between manholes shall be 600 feet. In addition,
manholes shall be installed at all points of abrupt changes in horizontal
alignment and vertical grade. Inlets may be substituted for manholes
where practical.
C.
Inlets. Inlets of the type shown in the Township Construction
Standards shall be installed. Inlets at street intersections shall
be placed on the tangent and not on the curved portions.
D.
Castings. Manholes and inlet castings shall be as
indicated in the Township Construction Standards.
E.
Stormwater roof drains. Stormwater roof drains shall
be connected directly to underground pipes which shall flow into an
approved storm drainage system. This storm drainage system may include
dry wells or sumps. All pipe from roof drains shall meet the requirements
of the Township Construction Standards.
F.
Watercourses. Open watercourses shall not be permitted
within the rights-of-way of streets. The stopping, filling up, confining
or other interference with, or changing the course of drains, ditches,
streams and watercourses in the Township shall not be permitted unless
approval in writing is obtained from the Board of Commissioners. A
permit must be obtained from the Department of Environmental Protection
(DEP) of the Commonwealth of Pennsylvania for construction or changes
in a watercourse subject to the regulations of the Pennsylvania Department
of Environmental Protection.
G.
Bridges and culverts. All bridges and culverts shall
be designed to support expected loads and to carry expected flows
and shall be designed to meet current standards of the Pennsylvania
Department of Transportation. All bridges and culverts shall be subject
to all permits required by the Pennsylvania Department of Environmental
Protection, Bureau of Dams and Encroachments.
A.
Where public sewers are reasonably accessible, the
developer shall provide public sewers in the subdivision or land development.
Installation of sanitary sewers and appurtenances shall be in accordance
with the regulations of the Municipal Authority.
B.
Where public sewers are not reasonably accessible
and extension of public sewers is not expected to take place in the
foreseeable future, on-site sewage disposal, approved by the Pennsylvania
Department of Environmental Protection (DEP) and/or the Allegheny
County Health Department shall be provided.
A.
Where public water supply is available, the developer
shall connect to such public water supply and construct a system of
water mains with a connection for each lot.
B.
Where public water is not available, the developer
shall supply acceptable evidence of the availability of water. The
developer may be required to make one or more test wells in the area
to be platted, if such evidence is deemed not acceptable. Copies of
well logs from said test wells which are obtained shall include the
name and address of the well driller and shall be submitted with the
plan to the Board of Commissioners.
C.
If a private water supply is permitted, individual
private wells shall be located at least 25 feet from property lines;
50 feet from all septic tanks; approximately 100 feet from all tile
disposal fields and other sewage disposal facilities; 10 feet from
all cast-iron sewer lines; 30 feet from any vitrified sewer tile lines;
and shall not be located within any floodplain.
In addition to all applicable design standards specified in §§ 215-71 through 215-81 and §§ 215-83 and 215-84, all land developments shall comply with the following design standards:
A.
Lighting of property. Parking and pedestrian areas
on the property shall be lighted to create a level of not less than
one footcandle when measured three feet above the pavement throughout
the paved areas on the property. Such lighting may be from freestanding
lampposts within the parking areas, from nearby streetlights or from
lights mounted on buildings. Lighting shall be shielded or aimed so
as not to create glare conditions on adjacent streets or properties.
Light standards in parking areas shall be protected from accidental
damage by vehicles.
B.
Landscaping.
(1)
All areas of the property not paved or occupied by
buildings shall be landscaped and maintained in grass, shrubs, trees,
ground cover, mulching materials or other natural materials planted
in accordance with accepted minimum standards. At least 5% of the
total area of the property shall be set aside for landscaping. Lot
areas not covered by buildings, sidewalks, pavement or other improvements
shall be seeded with grass or other appropriate groundcover material
compatible with the landscape and architectural design and condition
of the surrounding areas. Landscaping materials shall not obstruct
sight distances at access points to the property.
(2)
Where required by the Township Zoning Ordinance, buffer
areas shall be provided which comply with the design standards specified
in the Zoning Ordinance. A landscaping plan shall be submitted which
shows compliance with this chapter, any buffer area requirements and
required landscaping and screening of parking areas and loading areas.
C.
Garbage and trash containers. All organic rubbish
and discarded materials shall be placed in tight verminproof containers
on the property and shall be secured in side or rear yards screened
from public view by means of a solid face fence or wall. Containers
shall be emptied not less frequently than once a week. On properties
where food is served in paper containers, covered waste receptacles
shall be conspicuously located on the premises for use by patrons.
The management shall be responsible for maintaining the property free
of litter.
D.
Parking areas. Parking areas shall be designed in
accordance with the provisions of the Township Zoning Ordinance. Ingress
and egress and interior circulation on the site shall be designed
to ensure safety and minimize congestion. Adequate provision shall
be made for safe pedestrian circulation within the parking areas and
from the parking areas to the buildings. Fire lanes shall be adequately
marked and maintained in locations approved by the Township.
All subdivision and land development plans shall
be designed to meet the current standards of the commonwealth and
federal law with respect to handicapped accessibility, and verification
of compliance shall be provided to the Township.
A.
Manholes shall be vacuum tested and all sanitary sewer
lines shall be lamped and air tested by the developer in the presence
of the Municipal Authority's inspector. Air tests shall be conducted
in accordance with the specifications established by currently accepted
engineering standards.
B.
All construction materials used in sewers, streets,
sidewalks and other required improvements shall be tested by a qualified
testing laboratory, if required by the Township Engineer. The cost
for such tests shall be borne by the developer.
C.
Copies of the test reports shall be provided to the
Township Engineer and to the developer.
[Added 11-15-2004 by Ord. No. 13-2004]
A.
Purpose and intent.
(1)
The purpose and intent of this section is to
protect natural wetland systems and sustain natural wetland hydroperiods,
to minimize activities that degrade, destroy or otherwise negatively
impact wetland values and functions and, where appropriate, to reestablish
and restore productive wetland systems. Further, it is the purpose
and intent of this section to promote ecological stability, improve
water quality, prevent flooding and protect property and environmental
resources.
(2)
Wetlands serve many important hydrological and
ecological values and functions. They reduce the impact of flooding
by acting as natural retention and water storage areas. Wetlands act
as groundwater recharge areas for the surficial aquifer and protect
water supplies for environmental, urban and agricultural use. Wetlands
protect groundwater table levels and help minimize damage from fires.
Wetlands provide inflows of clean water to the rivers and estuaries
through surface and ground water connections and minimize urban runoff
by filtering water. They provide green space and biological diversity
and serve to cool the atmosphere. Wetlands act as productive biological
systems providing habitat, foraging and denning areas for a variety
of animal species. Wetlands are important to our community values
and aesthetic appearance.
(3)
The intent of this section is to protect natural
wetland systems. Man-made excavations in uplands, except those that
are navigable and connected to waters of the commonwealth, are not
protected by this section. While man-made wetlands exempt under this
section are not protected as natural wetlands, development review
shall assure that impacts to them do not adversely affect drainage
or natural systems.
B.
Applicability.
(1)
All wetlands in the Township of South Fayette shall be protected. No negative impacts shall be allowed within wetlands or wetland buffers except as specifically provided for in Subsection L, Exceptions and waivers. All development must be consistent with the wetland protection requirements of this section and South Fayette Township Comprehensive Plan (hereinafter referenced as the Comprehensive Plan). Compliance with these requirements must be demonstrated by the applicant prior to the issuance of any development approval or order.
(2)
The requirements of this section to protect
wetlands and wetland buffers shall apply to all activities, whether
urban or agricultural. A clearing permit shall be required for any
clearing in order to demonstrate compliance with this section.
(3)
Where illegal activities in violation of the Comprehensive Plan, the South Fayette Township Code, the South Fayette Township Zoning Ordinance or the South Fayette Township Subdivision and Land Development Regulations have altered any wetland area so that all or part of the original area no longer meets the definition of a wetland or has negatively impacted a wetland, restoration shall be required at the site of the alteration. Restoration of buffers, habitat and hydrology of the original wetland area shall be required. The wetland shall be protected as a natural wetland. In addition to the requirements of this section, any applicant must comply with all the requirements of the Commonwealth of Pennsylvania, Title 25 (Clean Streams Law), Chapter 102 (Erosion and Sediment Pollution Control Rules and Regulations), and to obtain any other permits which may be required by federal, state, county or municipal law or ordinance.
C.
ANAEROBIC
BUFFER
FIN
HYDRIC SOILS
HYDROPHYTIC VEGETATION
NATURAL WETLAND HYDROPERIOD
NORMAL CONDITIONS
OBLIGATE HYDROPHYTES
UPLAND SOIL
WATER BODY
WETLANDS
WETLAND HYDROLOGY
WETLAND MITIGATION
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A condition in which molecular oxygen is virtually absent.
The regulated area surrounding a wetland or stream.
Peat-accumulating wetland that generally receives water from
surface runoff and (or) seepage from mineral soils in addition to
direct precipitation; generally alkaline; or slightly acid.
Soil that is wet long enough to produce anaerobic conditions.
Plants that have the ability to grow, effectively compete,
reproduce and/or persist in anaerobic soil conditions. Lists of these
plants are available from the Environmental Protection Agency or Fish
and Wildlife Agency.
The normal seasonal fluctuations in the surface and ground
water levels of wetlands and the resulting duration of surface flooding
in response seasonal rainfall.
Refers to the soil and hydrologic conditions that are normally
present, without regard to whether the vegetation has been removed.
Species that are found only in wetlands as opposed to ubiquitous
species that grow either in wetlands or an upland.
A general term for nonwetland; elevated land above low areas
along streams or between hills; any elevated region from which rivers
gather drainage.
Any natural or artificial pond, lake, reservoir or other
area which ordinarily or intermittently contains water and which has
a discernible shoreline, but not including a natural drainage system.
Those areas that are inundated or saturated by surface or
ground water 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. Wetlands
generally include water bodies, streams, floodways and floodplains.
Wetlands are an ecosystem type, generally occurring between upland
and deep-water areas, that performs many important functions, including
fish and wildlife habitat, flood protection, erosion control and water
quality maintenance. Wetlands must contain more than 50% of the composition
of the dominant species obligate wetland (OBL), facultative wetlands
species (FACW) and/or facultative (FAC) species.
Inundation by water sufficient to support hydrophytic vegetation
and develop hydric soils.
Restoration of wetlands, enhancement of wetlands, preservation
of wetlands or creation of wetlands for the purpose of providing compensation
for wetland degradation or loss.
D.
Man-made wetlands.
(1)
This section is intended to protect natural
wetlands even when impacted by man-made excavations. This section
is not intended to protect man-made excavations created in uplands
except those that are connected to the waters of the commonwealth.
(2)
While man-made wetlands exempt under this policy
are not protected as natural wetlands, development review shall assure
that impacts to them do not adversely affect drainage or natural systems.
(3)
In determining if a wetland which meets the definition in Subsection C above is a natural system protected, the following standards shall apply:
(a)
Only man-made wetlands clearly excavated in
uplands are exempt.
(b)
Connected to the waters of the state, whether
excavated in uplands or wetlands, are not exempt.
(c)
Artificially created wetlands where there were
no wetlands at the time of excavation and where there are no wetlands
adjacent to the bank top of the excavation are exempt.
(d)
Man-made wetlands which are within or directly
adjacent to natural wetlands shall be protected as part of the natural
wetland system.
(e)
If there is not sufficient evidence to prove
that the area delineated as a wetland both was man-made in upland
soils and is not within or adjacent to a natural wetlands, then the
system shall be protected as a natural wetlands.
E.
Delineation.
(1)
All major subdivisions, site plans, plats, PRDs
and/or PEDs shall be required to show wetland boundaries within the
area of the proposed plan. Said wetlands shall be delineated by a
qualified biologist or engineer in a manner consistent with those
described in the 1987 Corps of Engineers Wetlands Delineation Manual.
All those contemplating land purchase or development are urged to
obtain field delineations of wetlands prior to decisions on land use
and project design.
(2)
At the time of application to the Township,
all subdivisions, site plans, plats, PRD and/or PED applicants must
demonstrate the submittal of necessary wetland permit applications
to appropriate federal, state and/or county authorities. No final
approval shall be granted without the receipt of necessary permits
from the aforementioned political subdivisions.
F.
Standards.
(1)
Wetland buffers. Wetland buffers and setbacks
from wetland buffers shall be provided and maintained in accordance
with the following requirements:
(a)
Buffers shall be measured landward of the boundary
of the wetland, wetland vegetation or mangrove tree line, the mean
high water line or the ordinary high water mark, whichever is further
landward. For natural bluffs with slopes steeper than one foot vertical
to three feet horizontal, required buffers shall start at the top
of the bank.
(b)
For natural creeks, rivers, water bodies connected
to waters of the commonwealth and waters of the state, a wetland buffer
zone with a minimum of 25 feet shall be required.
(c)
For wetlands less than or equal to 1/20 of an
acre, a wetland buffer zone with a minimum of 25 feet shall be required.
For wetlands greater than 1/10 of an acre, a wetland buffer zone with
a minimum of 50 feet shall be required.
(d)
For isolated wetlands and any other wetlands not covered in Subsection F(1)(b), an upland buffer zone with a minimum of 50 feet shall be provided.
(e)
The following protective measures will be required
to assure protection of the wetlands. These requirements are more
restrictive than the buffers and setbacks required for natural creeks,
rivers and water bodies connected to the commonwealth. These special
protective measures will be incorporated as conditions of approval
during the site plan review process to ensure that the biological,
scenic and navigational qualities of wetlands are maintained. These
measures shall be applied to all site and/or development plan approvals
and to all clearing of native vegetation on lots of record greater
than one acre in size and/or any new plats. Development adjacent to
wetlands shall be governed by the following regulations:
[1]
In order to reduce nutrient inflows to wetlands, the location of sludge spreading, sewage plants, on-site disposal systems, septic tank leachfields, effluent percolation ponds and irrigation quality storage ponds must be 300 feet from the wetland, as measured under Subsection F(1)(a).
[2]
In order to maintain and protect
breeding of threatened and endangered wildlife species, the required
buffer on sites where threatened and endangered species nest or den
within shall extend 300 feet outward from a nest or den. A biological
survey conducted by an environmental professional will be required
if there is indication that a threatened or endangered species would
be likely to use the affected habitat for nesting or denning. The
survey shall be conducted during the timeframe of the most recent
normal nesting or denning period of the species and shall be updated
if the development order is to be issued more than one year after
the submittal of the application.
(2)
Setbacks for construction and building maintenance
activities. Wetland buffers shall be protected from encroachment during
construction and building maintenance activities as follows: New construction
(including fin proposed adjacent to wetland buffer zones and upland
preserve areas) shall be set back a minimum of 10 feet for primary
structures; setbacks for accessory structures, such as but not limited
to pool decks, screen enclosures and driveways, shall be five feet.
Graded areas landward of these required buffer protection areas shall
not exceed a slope of one foot vertical to four feet horizontal. All
slopes shall be properly stabilized to the satisfaction of the Township
Engineer.
(3)
Performance standards. The following performance
standards shall be followed for all wetland areas and wetland buffers:
(a)
Vegetation removal. The removal of natural vegetation
from wetlands and from buffer zones surrounding wetlands shall be
governed by the following regulations:
[1]
Clearing or direct removal of vegetation
shall not occur except in compliance with an approved preserve area
management plan developed by a qualified biologist or engineer.
[2]
All materials that are cleared
from the wetland or buffer zone shall be removed from the site and
not piled or stored within the wetland.
(b)
Dredging and filling. Dredging and filling activities
within 300 feet of wetlands shall be governed by the following regulations.
[1]
Dredging or filling shall not occur
within the wetlands or the buffer zone surrounding the wetlands except
in compliance with the provisions of the Township excavation, fill
and mining regulations.
[2]
An additional separation with a
minimum width of 200 feet shall be maintained between the outer edge
of any wetland buffer and any lake excavation unless an alternative
plan utilizing an impermeable barrier is approved by Township Engineer
in consultation with Allegheny County Conservation District. Any excavation
which is likely to result in drawdown of the water table through pumping
or through off-site outfalls must be separated a minimum of 200 feet
from any wetland.
[3]
Filling which occurs landward of
a wetland buffer zone shall be immediately stabilized and contained
to prevent runoff of sediment into buffer zones or wetlands.
(c)
Construction within or adjacent to wetlands and wetland buffer zones. No alteration or construction shall be allowed within wetlands or buffer zones except as specifically provided in Subsection L, Exceptions and waivers.
[1]
The structure and foundation of
docks shall be designed to accommodate surface water flows and shall
not be designed to impede, interrupt or impound surface water flows.
Public and private dock structures shall be consistent with the Comprehensive
Plan and with any applicable Township building code.
[2]
Routine maintenance of existing
structures shall be permitted but shall be performed in the least
intrusive manner possible and shall not result in additional damage
to the wetland or wetland buffer zone.
[3]
All pilings shall be secured, placed
or set to the desired depth by the least disruptive method based on
existing site characteristics.
[4]
Boardwalks shall be designed to
minimize wetland disruption while allowing access for wildlife and
water viewing. Where boardwalks are provided for golf course access
and for access between facilities, they must be part of an overall
site plan designed to minimize wetland intrusion.
[5]
The use of heavy equipment shall
be minimized in the wetland areas and/or buffer zones.
[6]
There shall be no temporary filling
of the wetlands area or buffer zone for construction.
(4)
Waste disposal. Disposal of wastes in and around
wetlands and buffer zones shall be governed by the following regulations:
(a)
The discharge of domestic, industrial, leachate
or agricultural wastewater containing heavy metals, herbicides, pesticides
or any other toxic substance(s) in excess of concentrations established
by state, federal and/or county guidelines into the waterways, wetlands
or buffer zones shall be prohibited.
(b)
Sludge, sewage and septic systems which are adjacent to wetlands shall be set back from such wetlands in accordance with Subsection F(1)(e)[1].
(c)
The disposal of hazardous material in designated
areas shall not occur within 300 feet of a wetlands.
(d)
Any new solid waste disposal facility shall
be subject to the wetland protection provisions of this subsection
and designed in such a manner as to have no negative effect on the
wetlands or buffer zones.
(e)
The disposal of residential, commercial and/or
industrial solid waste shall not occur within a wetland or wetland
buffer.
(5)
Stormwater and surface management. Management
of water in and around wetlands is critical to the survival of a healthy
wetlands system. Stormwater and surface water management in and around
wetlands and buffer zones shall be governed by the following regulations:
(a)
Maintenance of wetland hydrology and water quality.
[1]
Direct discharge of stormwater
into wetlands or buffer zones shall be subject to conditional use
approval. Stormwater must be provided retention and/or detention water
quality treatment prior to being discharged into wetlands or wetland
buffer zones. Stormwater retention and/or detention basins shall be
used to maintain postdevelopment discharges at predevelopment levels.
[2]
Stormwater basins and outflow structures
shall be designed to assure that the water quality, rate of runoff
and seasonal runoff volumes are in accordance with allowable release
rates of the project area as determined by the Township Engineer.
Timing and volume of water discharge shall be appropriate to restore
and/or maintain the natural hydroperiod.
[3]
Stormwater basins shall be designed
and constructed with sediment traps and litter or trash screens. The
retention and/or detention basins shall be vegetated, and the use
of herbicides and pesticides within the retention and/or detention
basin for vegetation and insect control shall be discouraged.
(b)
Any alteration of water levels within wetlands
shall be prohibited unless determined necessary to restore or maintain
the natural hydroperiod of the wetland system by way of a surface
water management plan approved by the Township Engineer in consultation
with the Allegheny County Conservation District. Outflow structures
shall be designed to assure wet season water tables will be maintained
throughout the development and that quality, rate, timing and volume
will maintain sustainable on-site wetlands and healthy receiving waters.
(c)
Timing and volume of water discharge shall be
appropriate to restore and/or maintain the natural hydroperiod.
(d)
Applicants for development must comply with
Township Stormwater Management Ordinance and stormwater facility landscaping
requirements.
G.
Permitted uses within wetland buffers. All permitted
uses require the issuance of a wetlands permit by the Zoning Officer.
Permitted uses are:
H.
Conditional uses within wetland buffers. Conditional
uses are:
(1)
Stormwater management facilities.
(2)
Roadways, driveways, grading and draining.
(3)
Timbering.
(4)
Mining.
(5)
Recreational and educational facilities.
(6)
Mitigation option.
(a)
Developers seeking to recreate a wetland, through
mitigation of wetland areas to be impacted by a proposed development,
may apply for a conditional use. Such a use would allow the developer
to participate in any relocation program through the Department of
Environmental Protection, USDA or the United States Fish and Wildlife
Service.
(b)
The developer may also choose to propose a relocation
to another area without the help of the aforementioned organizations.
(c)
In all cases, the developer shall be required
to recreate the wetlands at a ratio of 1.5 times the acreage of the
wetland area to be impacted by the proposed development. Said wetland
area shall be recreated within the Township within the same watershed
(as recognized by the United States Geological Survey) as the impacted
wetlands.
(d)
The developer shall submit plans by a qualified
engineer or biologist showing on two-foot contours both the site to
be impacted and the site of the mitigated wetland with the parcel
boundaries of the sites. The types and amounts of vegetation for both
the impacted wetland and the mitigated wetland shall be indicated
on the plan. The ratio, mix and types of vegetation in the mitigated
wetland must reasonably reflect that of the impacted wetlands. The
Township may accept written confirmation from any of the organizations
mentioned in this section that the wetland shall be recreated following
the guidelines of this section. The applicant may then submit a simplified
map of the mitigated wetland's boundaries within the site's parcel
boundaries.
(e)
In all cases, the developer must deposit with
the Township a financial security from an authorized bonding company
or federal or commonwealth chartered lending institution in the amount
of 110% of the cost of completion of required improvements as estimated
by a licensed professional engineer as of 90 days following the date
scheduled for completion by the Township Engineer. Release of such
securities shall follow Township established bond release policy.
(f)
Unless the developer dedicates the area of the
proposed wetland as a conservation casement in accordance with wetlands
relocation programs conducted by the organizations stated previously,
the developer must dedicate said area as a wetlands easement to the
Township, noting the easement on the deed of the property. The developer
shall deposit with the Township a financial security from an authorized
bonding company or federal or commonwealth chartered lending institution
in the amount of 10% of the cost of completion of required improvements
as estimated by a licensed professional engineer. This financial security
shall be held for 18 months as security for any maintenance.
(g)
The mitigation option as a conditional use may
be granted through the consideration of the following:
K.
Lots of record. Buffers and setbacks may be altered
on certain lots of record to provide reasonable use of such lots of
record under the following circumstances. It is not the intent that
this subsection be used in conjunction with a division of a lot of
record into more than one lot.
(1)
Lots of record on the adoption date of this section which are less than one acre in size shall be exempt from the buffer provisions as outlined in Subsection F and shall remain exempt if such lots or parcels are subsequently subdivided, provided that such lots or parcels are not part of a contiguous, commonly owned lot or parcel that is larger than five acres at the time of subdivision. This waiver or exception shall not affect other buffer requirements contained in Subsection F.
(2)
Retaining walls for primary or accessory structures
may be placed five feet waterward from the upland edge of the buffer
or upland transition zone on residential lots of record so existing
on December 31, 2004, if slopes are maintained and the buffer area
is replanted in native vegetation compatible with elevations and proximity
to water; and provided that all zoning district setback criteria are
met.
L.
Exceptions and waivers. This section is not intended
to result in a taking of property under the Fifth Amendment of the
United States Constitution or Section Five of the Tenth Article of
the Pennsylvania Constitution, and waivers and exceptions may be granted
by South Fayette Township Board of Commissioners under the procedures
and provisions of this section where a landowner proves that the implementation
of this section will result in such a taking. All wetland alteration
allowed under these waivers and exceptions shall be sufficiently mitigated
to ensure that there is no net loss of functions or the spatial extent
of wetlands in the Township of South Fayette. If waivers or exceptions
are allowed under this subsection, the use of heavy equipment shall
be minimized, and there shall be no temporary filling of any wetland
area or buffer zone. No exceptions or waivers to these standards shall
be granted except in accordance with this subsection and under the
conditions and provisions described below. The provisions of this
subsection may be waived for access purposes only under the following
circumstances:
(1)
Access to uplands. Where the owner of the property
demonstrates that encroachment of wetlands or wetland buffers is necessary
for access and no reasonable upland alternative exists, an exception
or waiver shall be granted only when appropriate environmental agencies,
including the Allegheny County Conservation District and the Township
Engineer, certify in writing that the encroachment is the least damaging
alternative and the encroachment is the minimum encroachment capable
of providing the required access and the applicant submits an acceptable
proposal for mitigation which will minimize damage to wetlands or
buffers. That applicant must also meet any and all other county, state
and federal requirements for the crossing of a wetland.
(2)
Bridges in public rights-of-way. An exception
from these regulations may be granted for proposed or approved bridges
in a public right-of-way crossing estuarine waters or waters of the
state so that public access may be maintained. For proposed bridges
within public rights-of-ways crossing estuarine waters or waters of
the state, public access shall be allowed by clearing that portion
of the affected wetland vegetation so long as a revegetation and management
plan is reviewed, adopted and implemented in accordance with applicable
state regulations. The Township Engineer shall approve a request for
access under this subsection only after receiving a satisfactory plan
of the proposed development which shall demonstrate the need for access
and shall designate the property boundaries. The plan shall also demonstrate
the reason for the development and other information as may be required
by the South Fayette Township Code, the Comprehensive Plan, Zoning
Ordinance and the Subdivision and Land Development Regulations. The
decision of the Township Engineer may be appealed to the South Fayette
Township Board of Commissioners.
(3)
Waivers and exceptions for public utilities.
An exception from these regulations may be granted where the applicant
demonstrates that encroachment of wetlands, or wetland buffers, as
defined in this Land Development Regulation, is necessary for the
construction and/or maintenance of a public utility, subject to the
following conditions:
(a)
The construction or maintenance activity is
for a linear facility that cannot be accomplished without wetland
impacts;
(b)
The utility has demonstrated that the encroachment
is necessary and that no reasonable upland alternative exists;
(c)
The activity is designed and located in such
a manner that the least amount of damage to the wetlands is assured;
(d)
The applicant has submitted a proposal for reforestation
and/or mitigation to offset the impact;
(e)
Permits have been received from the appropriate
state and federal environmental agencies and copies of those permits
have been submitted to the Township prior to issuance of the Township
permit;
(f)
The Allegheny County Conservation District and/or
Township Engineer has reviewed the application and has determined,
in writing, that the proposed encroachment is the least damaging alternative;
(g)
The applicant has provided proof of ownership
or easement over the property to be encroached;
(h)
The applicant has demonstrated that the construction
and/or maintenance activity will maximize the preservation of native
indigenous vegetation; and
(i)
The utility demonstrates that, should fill be
required, the minimum necessary is used to assure reasonable access
to the property or construction activity.
(4)
Boardwalks, docks and boat ramps. An exception
from these regulations may be granted when a plan for elevated observation
boardwalks and single-family residential docks, multi-slip docks,
boat ramps and commercial docks has been designed and located in such
a manner that the least amount of damage to the wetland and wetland
buffer is assured; and the plan meets the provisions of the dock regulations
and has been approved by the Township Engineer and been approved by
the appropriate state and federal agencies.
(5)
Clearing for access under this subsection. The
Township Engineer shall approve any authorized request for clearing
under this subsection only after receiving a satisfactory plan of
the proposed development which shall demonstrate the need for access
and shall designate the boundaries. The plan shall also demonstrate
the reason for the development and other information as may be required
by South Fayette Township Code, the Comprehensive Plan, Zoning Ordinance
and the Subdivision and Land Development Regulations. The decision
of the Township Engineer may be appealed to the South Fayette Township
Board of Commissioners. The South Fayette Township Board of Commissioners
may approve the subject request upon a finding of compliance with
this subsection.
(6)
Removal of exotic vegetation. An owner of land
may impact wetlands and wetland buffers for the sole purpose of removal
of exotic vegetation only if a plan for such removal (including revegetation
with appropriate native plant material, if necessary, and using methods
that are the least intrusive to the wetland and wetland buffers) has
been approved by the Township Engineer and the Allegheny County Conservation
District.
M.
Violations. Correction of a violation of applicable
wetland preservation regulations shall consist of the following:
(1)
Where evidence indicates that drainage, clearing
or other development or man-made impacts has taken place and in violation
of applicable wetland development restrictions in effect at the time
the violation occurred, restoration shall be required before any development
permits or orders are issued or within 90 days after receiving a notice
of violation. This requirement shall include submittal of a minimum
two-year letter of credit, or other acceptable financial alternative,
to assure the successful restoration of the particular violation.
(2)
Where illegal activities in violation of the
South Fayette Township Code, the Comprehensive Plan, Zoning Ordinance
and the Subdivision and Land Development Regulations have altered
any wetland area so that all or part of the original area no longer
meets the definition of a wetland or has negatively impacted a wetland,
restoration shall be required at the site of the alteration. Restoration
of buffers, habitat and hydrology of the original wetland area shall
be required. The wetland shall be protected as a natural wetland.
(3)
If the recipient of the notice of violation requests a hearing before the Zoning Hearing Board, then the provisions of Subsection M(1) above shall not apply until final action by the Zoning Hearing Board. The recipient of the notice may, at its option, proceed with the corrective actions provided for in Subsection M(1) above before Zoning Hearing Board acts on the notice.
(4)
If the matter goes to a hearing before the Zoning Hearing Board upon request of the recipient of the notice of violation or if correction has commenced but has not been completed in accordance with Subsection M(1), then the Zoning Hearing Board shall hear the case and issue a final decision on the notice of violation.
(5)
In addition to the foregoing, the Zoning Hearing
Board may assess monetary penalties provided by law.
(6)
Should the violation continue beyond the time
specified for correction as provided above or if the violator fails
to take the corrective actions provided above within reasonable time,
the Code Inspector shall notify the Zoning Hearing Board and request
a hearing.
(7)
If a repeat violation is found, the Code Enforcement
Officer shall issue a notice of violation, but is not required to
give the violator further time to correct the violation. The Code
Enforcement Officer shall notify the Zoning Hearing Board and request
a hearing. The case may be heard by the Zoning Hearing Board and penalties
and corrective measures imposed in accordance with this subsection,
even if the repeat violation has been corrected prior to the Board
hearing, and the notice shall so state.
(8)
If the Code Inspector has reason to believe
a violation or the condition causing the violation presents a serious
threat to the public health, safety and welfare, or if the violation
is irreparable or irreversible in nature, the Code Inspector shall
make a reasonable effort to notify the violator and may immediately
notify Zoning Hearing Board and request a hearing.
[Added 11-9-2022 by Ord.
No. 4-2022[1]]
The construction details attached as Appendix D are the approved
construction details for any improvement or construction required
under this chapter. In the event that any construction detail in Appendix
D conflicts with any construction detail in this chapter or the Code,
then the construction detail in Appendix D shall supersede the conflicting
detail.[2]
[1]
Editor's Note: This ordinance also stated that the standard
details set forth in Appendix D of this chapter shall also be applicable
to any construction requirements set forth in the Township Code.
[2]
Editor's Note: Appendix D is included as an attachment to this chapter.
