[Amended 10-10-2019 by Ord. No. 2348, approved 10-10-2019]
A. For all regulated activities, unless preparation of a SWM site plan is specifically exempted in §
217-13:
(1) Preparation and implementation of an approved SWM site plan is required.
(2) No regulated activities shall commence until the Borough issues written
approval of a SWM site plan, which demonstrates compliance with the
requirements of this chapter.
B. SWM site plans approved by the Borough, in accordance with §
217-22, shall be on site throughout the duration of the regulated activity.
C. The Borough, after consultation with DEP, may approve measures for
meeting the state water quality requirements other than those in this
chapter, provided that they meet the minimum requirements of, and
do not conflict with, state law, including but not limited to the
Clean Streams Law.
D. For all regulated earth disturbance activities, erosion and sediment
control BMPs shall be designed, implemented, operated, and maintained
during the regulated earth disturbance activities (e.g., during construction)
to meet the purposes and requirements of this chapter and to meet
all requirements under the Pennsylvania Code Title 25 and the Clean
Streams Law. Various BMPs and their design standards are listed in
the Erosion and Sediment Pollution Control Program Manual (E&S
Manual) [The Pennsylvania Department of Environmental Protection (DEP).
363-2134-008 (2000), as amended and updated. Erosion and Sediment
Pollution Control Program Manual. Harrisburg, PA.], commonwealth of
Pennsylvania, Department of Environmental Protection, No. 363-2134-008
(2000), as amended and updated.
E. Impervious areas:
(1) The measurement of impervious areas shall include all of the impervious
areas in the total proposed development even if development is to
take place in stages.
(2) For development taking place in stages, the entire development plan
must be used in determining conformance with this chapter.
(3) For projects that add impervious area to a parcel, the total impervious area on the parcel is subject to the requirements of this chapter; except that the volume controls in §
217-14 and the peak rate controls of §
217-15 do not need to be retrofitted to existing impervious areas that are not being altered by the proposed regulated activity.
F. Stormwater flows onto adjacent property shall not be created, increased,
decreased, relocated, or otherwise altered without written notification
to the adjacent property owner(s). Such stormwater flows shall be
subject to the requirements of this chapter.
G. For all regulated activities not exempted by §
217-13, implementation of the volume controls in §
217-14 is required.
H. All regulated activities shall include such measures as necessary
to:
(1) Protect health, safety, and property.
(2) Meet the water quality goals of this chapter by implementing measures
to:
(a)
Minimize disturbance to floodplains, wetlands, and wooded areas.
(b)
Maintain or extend riparian buffers.
(c)
Avoid erosive flow conditions in natural flow pathways.
(d)
Minimize thermal impacts to waters of this commonwealth.
(e)
Disconnect impervious surfaces by directing runoff to pervious
areas, wherever possible.
(3) Incorporate methods described in the Pennsylvania Stormwater Best
Management Practices Manual (BMP Manual). If methods other than green
infrastructure and LID methods are proposed to achieve the volume
and rate controls required under this chapter, the SWM site plan must
include a detailed justification demonstrating that the use of LID
and green infrastructure is not practicable.
I. For all new development projects, 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. Similarly, for new
development projects taking place in stages, the entire proposed new
development plan must be used in determining conformance with this
chapter.
J. Stormwater flows/direct discharges onto adjacent property shall not
be created, increased, decreased, relocated, or otherwise altered
without written notification to the adjacent property owner(s). Such
stormwater flows shall be subject to the requirements of this chapter.
K. The design of all facilities over karst topography shall include
an evaluation of measures to minimize adverse effects in accordance
with the procedures outlined in Section 7.4 (Special Management Areas
– Karst Areas) of the most current version of the SWM Manual.
[Pennsylvania Department of Environmental Protection (DEP). No. 363-0300-002
(2006), as amended and updated. Pennsylvania Stormwater Best Management
Practices Manual. Harrisburg, PA.]
L. Infiltration BMPs should be spread out, made as shallow as practicable,
and located to maximize use of natural on-site infiltration features
while still meeting the other requirements of this chapter.
M. 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.
N. The design storm volumes to be used in the analysis of peak rates
of discharge should be obtained from the latest version of the Precipitation-Frequency
Atlas of the United States, National Oceanic and Atmospheric Administration
(NOAA), National Weather Service, Hydrometeorological Design Studies
Center, Silver Spring, Maryland. NOAA's Atlas 14 can be accessed
at: http://hdsc.nws.noaa.gov/hdsc/pfds/.
O. For all
regulated activities, SWM BMPs shall be designed, implemented, operated,
and maintained to meet the purposes and requirements of this chapter
and to meet all requirements under Title 25 of the Pennsylvania Code,
the Clean Streams Law, and the Stormwater Management Act.
P. Various BMPs and their design standards are listed in the BMP Manual.
[Amended 10-10-2019 by Ord. No. 2348, approved 10-10-2019]
The green infrastructure and low impact development practices provided in the BMP Manual shall be utilized for all regulated activities wherever possible. Water volume controls shall be implemented using the Design Storm Method in Subsection
A or the Simplified Method in Subsection
B below for all regulated activities not otherwise exempted by §
217-13. For regulated activity areas equal or less than one acre that do not require hydrologic routing to design the stormwater facilities, this chapter establishes no preference for either methodology; therefore, the applicant may select either methodology on the basis of economic considerations, the intrinsic limitations on applicability of the analytical procedures associated with each methodology, and other factors.
A. The Design Storm Method [see Section 8.7 of the most current version
of the SWM Manual (Pennsylvania Department of Environmental Protection
(DEP). No. 363-0300-002 (2006), as amended and updated. Pennsylvania
Stormwater Best Management Practices Manual. Harrisburg, PA.)] is
applicable to any size of regulated activity. This method requires
detailed modeling based on site conditions.
(1) Do not increase the post-development total runoff volume for all
storms equal to or less than the two-year, twenty-four-hour duration
precipitation.
(2) For modeling purposes:
(a)
Existing (predevelopment) nonforested pervious areas must be
considered meadow or its equivalent.
(b)
Twenty percent of existing impervious area, when present, shall
be considered meadow in the model for existing conditions.
B. The Simplified Method [see Section 8.7 of the most current version
of the SWM Manual (Pennsylvania Department of Environmental Protection
(DEP). No. 363-0300-002 (2006), as amended and updated. Pennsylvania
Stormwater Best Management Practices Manual. Harrisburg, PA.)] 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 detention or rate control facilities.
For new impervious surfaces:
(1) Stormwater facilities shall be sized to capture at least the first
two inches of runoff from all new impervious surfaces.
(2) At least the first one inch of runoff from new impervious surfaces
shall be permanently removed from the runoff flow; i.e., it shall
not be released into the surface waters of this commonwealth. Removal
options include reuse, evaporation, transpiration, and infiltration.
(3) Infiltration facilities should be designed to accommodate infiltration
of the entire permanently removed runoff; however, in all cases at
least the first 1/2 inch of the permanently removed runoff should
be infiltrated.
(4) The second one inch of runoff from new impervious surfaces should
be detained using structural and nonstructural BMPs (as outlined in
the most current version of the SWM Manual) and released at a controlled
rate.
(5) Regulated activities eligible under this method are exempt from the requirements of §
217-15, Rate controls.
(6) This method is exempt from the requirements of §
217-15, Rate controls.
See Section 8.3 of the most current version of the SWM Manual.
[Pennsylvania Department of Environmental Protection (DEP). No. 363-0300-002
(2006), as amended and updated. Pennsylvania Stormwater Best Management
Practices Manual. Harrisburg, PA.]
A. Areas not covered by a release rate map from an approved Act 167
stormwater management plan. Post-development discharge rates shall
not exceed the predevelopment discharge rates for the one-, two-,
five-, ten-, twenty-five-, fifty-, and one-hundred-year storms. If
it is shown that the peak rates of discharge indicated by the post-development
analysis are less than or equal to the peak rates of discharge indicated
by the predevelopment analysis for one-, two-, five-, ten-, twenty-five-,
fifty-, and one-hundred-year, twenty-four-hour storms, then the requirements
of this section have been met. Otherwise, the applicant shall provide
additional controls as necessary to satisfy the peak rate of discharge
requirement.
B. Areas covered by a release rate map from an approved Act 167 stormwater
management plan (see Appendix C). For the one-, two-, five-, ten-, twenty-five-, fifty-,
and one-hundred-year storms, the post-development peak discharge rates
will follow the applicable approved release rate maps (see Appendix
C). For any areas not shown on the release rate maps, the post-development
discharge rates shall not exceed the predevelopment discharge rates.
[Added 10-10-2019 by Ord. No. 2348, approved 10-10-2019]
A. In order to protect and improve water quality, a riparian buffer
easement shall be created and recorded as part of any subdivision
or land development that encompasses a riparian buffer.
B. Except as required by Chapter 102, the riparian buffer easement shall
be measured to be the greater of the limit of the 100-year floodplain
or a minimum of 35 feet from the top of the streambank (on each side).
C. Minimum management requirements for riparian buffers.
(1)
Existing native vegetation shall be protected and maintained
within the riparian buffer easement.
(2)
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 a 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. The following conditions shall apply when public and/or private recreation
trails are permitted within riparian buffers:
(1)
Trails shall be for nonmotorized use only.
(2)
Trails shall be designed to have the least impact on native
plant species and other sensitive environmental features.
G. Septic drainfields and sewage disposal systems shall not be permitted within the riparian buffer easement and shall comply with setback requirements established under 25 Pa. Code Chapter
73.
[Added 10-10-2019 by Ord. No. 2348, approved 10-10-2019]
A. 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 Carlisle Borough purporting to validate such a violation.