[HISTORY: Adopted by the Board of Supervisors of the Township
of North Franklin 3-9-2011 by Ord.
No. 3-2011. Amendments noted where applicable.]
This chapter is adopted and implemented to achieve the following
general purposes and objectives:
A.
To manage stormwater runoff resulting from land alteration and disturbance
activities in accordance with the North Franklin Township Stormwater
Management Plan, as adopted by the North Franklin Township Board of
Supervisors.
B.
To utilize and preserve the desirable existing natural drainage systems,
preserve the flood-carrying capacity of existing streams, and preserve
existing storm event water surface elevations in existing streams.
C.
To encourage natural infiltration of rainfall to preserve groundwater
supplies and stream flows.
D.
To provide for adequate maintenance of all permanent stormwater management
facilities in the municipality.
The municipality is empowered to regulate land use activities
that affect runoff and surface and groundwater quality and quantity
by the authority of:
A.
Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1
et seq., as amended, the "Storm Water Management Act" (hereinafter
referred to as "the Act");
B.
Water Resources Management Act of 2002, as amended;
C.
Second Class Township Code, 53 P.S. §§ 66501 et seq.,
66601 et seq., and the Borough Code, 53 P.S. § 46201 et
seq.;
The provisions of this chapter shall apply to all subdivision
and land developments unless specifically exempted or otherwise modified
herein.
A.
The following activities are defined as "regulated activities," and shall be regulated by this chapter, unless exempted by § 372-5:
(1)
Land development;
(2)
Subdivisions where impermeable or less permeable surfaces, earth
disturbances, or other disturbance or manipulation of the stormwater
is performed;
(3)
Alteration of the natural hydrologic regime;
(4)
Construction of or addition of new impervious or semipervious surfaces
(i.e., driveways, parking lots, roads, etc.);
(5)
Construction of new buildings or additions to existing buildings;
(6)
Redevelopment;
(7)
Diversion piping or encroachments in any natural or man-made channel;
(8)
Nonstructural and structural stormwater management BMPs or appurtenances
thereto;
(9)
Earth disturbance activities of greater than 5,000 square feet.
(a)
This chapter applies to any earth disturbance activity greater
than or equal to 5,000 square feet that is associated with a development
or redevelopment project. Earth disturbance activities and associated
stormwater management controls are also regulated under existing state
law and implementing regulations. This chapter shall operate in coordination
with those parallel requirements; the requirements of this chapter
shall be no less restrictive in meeting the purposes of this chapter
than state law. Table 372-4 summarizes the applicability requirements
of the chapter. "Proposed impervious surface" in Table 372-4 includes
new, additional, or replacement impervious surface/cover. Repaving
existing surfaces without reconstruction does not constitute replacement.
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Table 372-4
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Ordinance Applicability
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Proposed Impervious Surface
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Earth Disturbance
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Chapter Section
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Type of Project
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0-5,000 square feet
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5,000-10,000 square feet
(Small)
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10,000 square feet to 1 Acre
(Large)
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> 1 Acre
(Large)
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0-5,000 square feet
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5,000 to 10,000 square feet
(Small)
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> 10,000 Square Feet
(Large)
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Stormwater management plan
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Development
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N/A
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Modified to a drainage plan
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Yes
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Yes
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N/A
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Modified to a drainage plan
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Yes
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Nonstructural BMP practices in design
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Development
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N/A
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Yes
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Yes
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Yes
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Yes
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Yes
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Yes
|
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Groundwater recharge
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Development
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N/A
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Yes
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Yes
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Yes
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Yes
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N/A
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Yes
|
|
Water quality requirements
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Development
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N/A
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Yes
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Yes
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Yes
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Yes
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N/A
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Yes
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Stormwater peak rate control
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All Development and Earth Disturbance
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N/A
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Exempt
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Yes
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Yes
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Yes
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Yes
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Yes
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Erosion and sediment control plan submission to WCD
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Development
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N/A
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Yes
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Yes
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Yes
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Yes
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Yes
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Yes
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Legend:
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Yes — stormwater management plan required
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N/A - Not applicable - exempt from drainage plan submission
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Exempt - Exempt from required section provision - Drainage plan
submission may still be required if other section provisions are applicable
(yes in box)
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Modified - Modified drainage plan required - Sites with between
5,000 square feet and 10,000 square feet of proposed impervious surface
or earth disturbance must submit a drainage plan to the municipality.
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A.
At the time of application, the Township shall determine if the subdivision
or land development qualifies as a small development and, therefore,
is eligible for a simplified stormwater management plan submission.
For the purposes of this section, a "small development" is any subdivision
or land development which results (or will result, when fully constructed)
in the creation of a total aggregate of 10,000 or less square feet
of impervious surface area. For small developments which result in
the addition of a total aggregate of less than 5,000 square feet of
impervious area, no stormwater management is required. However, such
developments must still provide safe conveyance of the stormwater
to a storm sewer or a natural or man-made waterway.
B.
Small developments shall be exempt from the preparation of a stormwater management plan as specified by §§ 372-8 and 372-9 of this chapter. However, such developments must still provide safe management of stormwater runoff with the methods to be approved by the Township Engineer. Any stormwater management facility constructed, as part of the development, shall be designed to control the peak stormwater runoff for the two-, ten-, twenty-five- and 100-year design storms. For small developments which result in the addition of 5,000 square feet but less than 10,000 square feet of impervious surface area, stormwater management shall be provided. However, the small development will be exempt from the preparation of a stormwater management report by a professional engineer, but must submit a drainage plan under the requirements of Subsection C.
C.
Applications for all small developments (5,000 to 10,000 square feet
of impervious surface) shall include a drainage plan which describes,
narratively and graphically, the type and location of proposed on-site
stormwater management techniques or the proposed connection to an
existing storm sewer system. The plan should show, accurately, site
boundaries; contours at five-foot intervals for areas of greater than
15% slope gradient and at two-foot intervals for areas with less than
15% slope; location of site watershed and/or subarea boundaries (if
applicable); lot lines and surrounding owners' names on all sides;
watercourses, floodplains or existing drainage facilities, and structures
located on site. Further sections of this chapter outline more requirements
for a drainage plan.
D.
The Township Engineer shall review and approve or reject the proposed
provisions for stormwater management for a small development if the
Township review determines the proposed development site is part of
a larger parcel or tract for which a stormwater management plan was
approved previously and, therefore, subject to any specific stormwater
management control contained in the prior plan.
E.
For a parcel or tract of land held under single ownership, only one
application for a small development, as defined above, shall be permitted
before requiring a stormwater management plan for the entire parcel.
F.
Additional requirements:
(1)
Exemption responsibilities. An exemption shall not relieve the applicant
from implementing such measures as are necessary to protect public
health, safety, and property.
(2)
HQ and EV streams. An exemption shall not relieve the applicant from meeting the special requirements for watersheds draining to identified high quality (HQ) or exceptional value (EV) waters and source water protection areas (SWPA) and requirements for nonstructural project design sequencing (§ 372-11, Nonstructural project design).
(3)
Drainage problems. If a drainage problem is documented or known to
exist downstream of, or is expected from the proposed activity, then
the municipality may require the applicant to comply with this chapter.
(4)
Emergency exemption. Emergency maintenance work performed for the
protection of public health, safety, and welfare. A written description
of the scope and extent of any emergency work performed shall be submitted
to the municipality within two calendar days of the commencement of
the activity. If the municipality finds that the work is not an emergency,
then the work shall cease immediately, and the requirements of this
chapter shall be addressed as applicable.
(5)
Maintenance exemption. Any maintenance to an existing stormwater
management system made in accordance with plans and specifications
approved by the Municipal Engineer or municipality.
(6)
Even though the developer is exempt, he is not relieved from complying
with other regulations.
For the purposes of this chapter, these terms shall be defined
as follows:
A landowner or developer, as defined by this chapter, who
has filed an application for development, including his/her heirs,
successors and assigns.
Methods, measures, or practices used to prevent or reduce
surface runoff and/or water pollution including, but not limited to,
structural and nonstructural stormwater management practices and operation
and maintenance procedures. See also "nonstructural best management
practices (BMPs)."
A natural stream that conveys water; a ditch or open channel
excavated for the flow of water.
The Washington County Conservation District (WCCD).
The location of standard measurement of a tree diameter in
accordance with the USDA Forest Service's Forest Inventory and
Analysis (FIA) Program Manual, available from that department; presently
measured at 4-1/2 feet from the ground surface.
The magnitude of precipitation from a storm event, measured
in probability of occurrence (e.g., twenty-five-year storm) and duration
(e.g., twenty-four-hour), used in computing stormwater management
control systems.
The slowing, dampening, or attenuation of runoff entering
the natural drainage pattern or storm drainage system by temporarily
holding water in a detention basin, retention basin, reservoir on
rooftops, in streets, parking lots, or within the drainage system
itself, and releasing the water at a desired rate of discharge.
A facility designed to attenuate peak stormwater runoff by
storing and releasing the runoff at a predetermined rate. A detention
facility is designed to drain completely after a rainfall event. The
facility shall not hold any water for longer than 24 hours after the
peak discharge from the facility occurs.
Any landowner, agent of such landowner, or tenant with permission
of such landowner, who makes or causes to be made a subdivision of
land or land development.
Any activity, construction, alteration, or change in land
use, or similar action, that affects stormwater runoff characteristics.
A lot, parcel, or tract of land on which development is taking
place or is proposed.
Rate of flow, specifically fluid flow; a volume of fluid
flowing from a conduit or channel, or being released from detention
storage, per unit of time, commonly expressed as cubic feet per second
(cfs), million gallons per day (mgd), gallons per minute (gpm), or
cubic meters per second (cms).
Interception and removal of excess surface water or groundwater
from land by artificial or natural means.
The contributing area to a single drainage basin, expressed
in acres, square miles, or other units of area; also called a "catchment
area," "watershed," or "river basin;" the area served by a drainage
system or by a watercourse receiving stormwater and surface water.
The area from which water is carried off by the drainage
system; a watershed or catchment area.
A right granted by a landowner to a grantee allowing the
use of private land for stormwater management purposes.
A construction or other human activity which disturbs the
surface of land, including, but not limited to, clearing and grubbing,
grading, excavations, embankments, land development, agricultural
plowing or tilling, timber harvesting activities, road maintenance
activities, mineral extraction, and the moving, depositing, stockpiling,
or storing of soil, rock, or earth materials.
A conveyance area that is used to pass peak discharge greater
than the maximum design storm controlled by the stormwater facility.
A structure or activity that changes, expands, or diminishes
the course, current, or cross section of a watercourse, floodway,
or body of water.
The process by which the surface of the land, including water/stream
channels, is worn away by water, wind, or chemical action.
A plan that is designed to minimize accelerated erosion and
sedimentation. Said plan must be submitted to and approved by the
appropriate conservation district before construction can begin.
Surface waters of high quality which satisfy Pennsylvania
Code Title 25, Environmental Protection, Chapter 93, Water Quality
Standards, § 93.4b(b) (relating to antidegradation).
A normally dry land area adjacent to stream channels that
is susceptible to being inundated by over bank stream flows. For regulatory
purposes, the Pennsylvania Floodplain Management Act (Act of October
4, 1978, P. L. 851, No. 166)[1] and regulations pursuant to the Act define the floodplain
as the area inundated by a 100-year flood and delineated on a map
by FEMA (Federal Emergency Management Agency) or by the applicant
in accordance with municipal ordinance requirements.
The channel of a watercourse, and those portions of the adjoining
floodplains, which are reasonably required to carry and discharge
the 100-year-frequency flood. Unless otherwise specified, the boundary
of the floodway is as indicated on maps and flood insurance studies
provided by the Federal Emergency Management Agency (FEMA). In an
area where no FEMA maps or studies have defined the boundary of the
100-year frequency floodway, it is assumed, absent evidence to the
contrary, that the floodway extends from the stream to 50 feet from
the top-of-bank.
Measurement from a water surface elevation to the top of
a hydraulic structure (e.g., detention/retention basin, inlets, manholes,
etc.).
Computer model developed by the Army Corps of Engineers to
predict flood hydrographs.
Computer model developed by the Army Corps of Engineers to
perform one-dimensional hydraulic calculations for a full network
of natural and constructed channels.
Surface waters having a level of quality which exceeds levels
necessary to support propagation of fish, shellfish, and wildlife
and recreation in and on the water by satisfying Pennsylvania Code
Title 25, Environmental Protection, Chapter 93, Water Quality Standards,
§ 93.4b(a).
The branch of science concerned with the mechanics of fluids,
especially liquids. As applied in stormwater management, the study
of the characteristics of water flow in, and conveyance capacity of,
a channel, conduit or watercourse, considering such factors as depth,
velocity and turbulence.
The science dealing with waters of the earth and their distribution
and circulation through the atmosphere. Engineering hydrology deals
with the application of hydrologic concepts to determine volume and
rate of runoff.
Material which resists the entrance of water or other liquids.
A surface that prevents the infiltration of water into the
ground. Impervious surfaces include, but are not limited to, streets,
sidewalks, pavements, driveway areas, or roofs. Any surface areas
designed to be gravel or crushed stone shall be regarded as impervious
surfaces.
Any of the following activities:
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 residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, 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.
A subdivision of land.
Development in accordance with Section 503(1.1) of the PA Municipalities
Planning Code.[2]
Any activity involving grading, tilling, digging or filling
or stripping of vegetation; or any other activity which causes land
to be exposed to the danger of erosion or changed water flow characteristics.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he/she
is authorized under a lease agreement to exercise the rights of the
landowner, or other persons having a proprietary interest in land.
A land development, as defined in the regulated activities,
being larger than a small development.
Natural Resources Conservations Service, U.S. Department
of Agriculture.
Pollution that enters a water body from diffuse origins in
the watershed and does not result from discernible, confined, or discrete
conveyances.
Water flowing in stormwater collection facilities, such as
pipes or swales, which is not the result of a rainfall event or snowmelt.
Methods of controlling stormwater runoff quantity and quality,
such as innovative site planning, impervious area and grading reduction,
protection of natural depression areas, temporary ponding on site,
and other techniques.
Points or areas at which stormwater runoff leaves a structure
or site, which may include streams, storm sewers, swales or other
well-defined natural or artificial drainage features, as well as areas
of dispersed overland flows.
A structure designed to control the volume of stormwater
runoff that passes through it during a specific length of time.
Pennsylvania Department of Environmental Protection.
The maximum flow of water at a given point and time resulting
from a predetermined storm.
A standard which establishes an end result or outcome which
is to be achieved but does not prescribe specific means for achieving
it. A "specification standard," in contrast, is one which prescribes
the exact characteristics to be used, leaving little choice to the
applicant. The release rate percentage is an example of a performance
standard; the design standards for storm sewers are specification
standards.
Material which permits the entrance of water or other liquid.
A point of hydraulic concern, such as a bridge, culvert,
or channel section, for which the rate of runoff is computed or measured,
and usually located at the downstream limits of a subarea.
Instantaneous measurement of water flow expressed in a unit
of volume per unit of time, also referred to as "discharge," usually
stated in cubic feet per second (cfs) or gallons per minute (gpm).
Defined method of using a process of calculation to determine
rainfall contributions from drainage basin stormwater runoff.
Defined under NPDES Phase II regulations as earth disturbance
activity of one acre or more with a point source discharge to surface
waters or the municipality's storm sewer system or five acres
or more regardless of the planned runoff. This includes earth disturbance
on any portion of, part, or during any stage of a larger common plan
of development.
The percentage of predevelopment peak rate of runoff from
a watershed subarea (as delineated in a watershed plan), which defines
the allowable post-development peak discharge from any development
site in that subarea. The release rate percentage is determined by
computing the following ratio:
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Subarea post-development peak rate of runoff x 100 = release
rate percentage subarea predevelopment peak rate of runoff
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A facility designed to attenuate peak stormwater runoff while
maintaining a permanent pool of water, and releasing the remaining
runoff at a predetermined rate.
The surface components of any watershed, which affect the
rate, amount, and direction of stormwater runoff. These may include,
but are not limited to, vegetation, soils, slopes, and man-made landscape
alterations.
Soil zone where repeat water saturation has occurred as evident
from water level monitoring record, or by mottled (discolored, due
to lack of oxygen) zones of soils exist.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site or origin by
air, water, gravity, or ice and has come to rest on the earth's
surface.
To diverge from the vertical or horizontal; incline; the
amount or degree of such deviation; an inclined line, surface, plane,
position, or direction.
Any subdivision, land development, or development which results,
or will result when fully constructed, in the creation of an aggregate
total of 10,000 square feet, or less, of additional impervious surface
area from the date of this chapter.
A method of runoff computation developed by the U.S. Natural
Resources Conservation Service and found in its publication "Urban
Hydrology for Small Watersheds," Technical Release No. 55, NRCS, January
1975 (or most current edition).
As defined under state regulations; protection of designated
and existing uses (see 25 Pa. Code Chapters 93 and 96), including:
Each stream segment in Pennsylvania has a designated use, such
as "cold water fishery" or "potable water supply," which is listed
in Chapter 93. These uses must be protected and maintained under state
regulations.
Existing uses are those attained as of November 1975, regardless
of whether they have been designated in Chapter 93. Regulated earth
disturbance activities must be designed to protect and maintain existing
uses 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.
Water quality involves the chemical, biological, and physical
characteristics of surface water bodies. After regulated earth disturbance
activities are complete, these characteristics can be impacted by
the addition of pollutants such as sediment and changes in habitat
through increased flow volumes and/or rates as a result of changes
in land surface area from those activities. Therefore, permanent discharges
to surface waters must be managed to protect the stream bank, stream
bed, and structural integrity of the waterway to prevent these impacts.
See "detention basin" or "retention basin."
An underground conduit that carries intercepted surface runoff,
street water, and other drainage, but excludes domestic sewage and
industrial wastes.
Natural or engineered structures which collect and transport
stormwater through or from a drainage area to the point of final outlet,
including but not limited to any of the following: conduits and appurtenant
features, basins, canals, channels, ditches, streams, culverts, streets
and pumping stations.
An area whose boundaries are contiguous with those of the
watersheds located in North Franklin Township.
The plan for managing stormwater runoff from a specific development
site, prepared by a professional engineer registered to practice in
Pennsylvania.
Waters resulting from snowmelt or precipitation within a
drainage basin, flowing over the surface of the ground, collected
in channels and conduits, and carried by receiving streams.
A watercourse.
A portion of the watershed that has similar hydrological
characteristics and drains to a common point of interest.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels, or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership, or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres
not involving any new street or easement of access or any residential
dwelling shall be exempted.
Any and all rivers, streams, creeks, rivulets, ditches, watercourses,
storm sewers, lakes, dammed water, wetlands, ponds, springs, and all
other bodies or channels of conveyance of surface waters, or parts
thereof, whether natural or artificial, within or on the boundaries
of the commonwealth.
A low-lying stretch of land which gathers or carries surface
water runoff.
The Plan for managing stormwater.
Rainfall pattern and distribution of magnitude and duration,
defined by the Natural Resources Conservation Service branch of the
US Department of Agriculture, defined for a given geographical area
of the United States; in the local geographical area, defined as a
"Type II" pattern.
Quantity of water normally measured in inches, cubic feet,
or acre-feet, measured or determined analytically from 1) runoff coefficients;
2) rainfall/runoff ratios; and 3) areas underneath hydrographs.
Any channel of conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
The entire region or area drained by a river or other body
of water, whether natural or artificial. A "designated watershed"
is an area delineated by PADEP, and approved by the Environmental
Quality Board as one for which the County is required to prepare a
watershed stormwater management plan in accordance with the Pennsylvania
Storm Water Management Act.[3]
Those 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. Wetlands
generally include swamps, marshes, bogs, fens, and similar areas.
A natural ground cover with more than one viable tree of
a DBH of six inches or greater per 1,500 square feet which existed
within three years of application; a cover condition for which NRCS
curve numbers have been assigned, or to which equivalent Rational
Method runoff coefficients have been assigned.
A.
Applicants proposing regulated activities in the municipality which do not fall under the exemption criteria shown in §§ 372-3 through 372-5 shall submit an application, application fees, a drainage plan or stormwater management plan, and the respective submittals, consistent with this chapter, to the municipality for review. The stormwater management criteria of this chapter shall apply to all portions of the entire proposed development, even if development is to take place in stages.
B.
The applicant is required to find practicable alternatives to the
surface discharge of stormwater, the creation of impervious surfaces,
and the degradation of waters of the commonwealth and must maintain
as much as possible the natural hydrologic regime.
C.
The stormwater management plan must be designed consistent with the sequencing provisions of § 372-11A to ensure maintenance of the natural hydrologic regime, to promote groundwater recharge, and to protect groundwater and surface water quality and quantity. The stormwater management plan designer must proceed sequentially in accordance with § 372-11A of this chapter.
D.
Stormwater drainage systems shall be designed in order to permit
unimpeded flow along natural watercourses, except as modified by stormwater
management facilities or open channels consistent with this chapter.
E.
Existing points of concentrated drainage that discharge onto adjacent
property shall not be altered in any manner which could cause property
damage and will not be incorporated in the plans without permission
of the affected property owner(s) and shall be subject to any applicable
discharge criteria specified in this chapter.
F.
Areas of existing diffused drainage discharge, whether proposed to
be concentrated or maintained as diffused drainage areas, shall be
subject to any applicable discharge criteria in the general direction
of existing discharge, except as otherwise provided by this chapter.
G.
If diffused drainage discharge is proposed to be concentrated and
discharged onto adjacent property, the applicant must document that
adequate downstream conveyance facilities exist to safely transport
the concentrated discharge or otherwise prove that no erosion, sedimentation,
flooding, or other impacts will result from the concentrated discharge.
H.
Where a development site is traversed by existing streams, drainage easements shall be provided conforming to the line of such streams. The terms of the easement shall conform to the stream buffer requirements contained in § 372-18A(7) of this chapter.
I.
Any stormwater management facilities regulated by this chapter that
would be located in or adjacent to waters of the commonwealth or delineated
wetlands shall be subject to approval by DEP through the joint permit
application or the environmental assessment approval process, or,
where deemed appropriate, by the DEP general permit process. When
there is a question as to whether wetlands may be involved, it is
the responsibility of the applicant or his agent to show that the
land in question cannot be classified as wetlands; otherwise, approval
to work in the area must be obtained from DEP.
J.
Any proposed stormwater management facilities regulated by this chapter
that would be located on state highway rights-of-way shall be subject
to approval by PennDOT.
K.
Minimization of impervious surfaces and infiltration of runoff through
seepage beds, infiltration trenches, etc., is encouraged where soil
conditions permit in order to reduce the size or eliminate the need
for detention facilities or other structural BMPs.
L.
All stormwater runoff shall be pretreated as defined by the state
water quality requirements for protection of designated and existing
uses (see 25 Pa. Code Chapters 93 and 96) for water quality prior
to discharge to surface water or groundwater.
M.
All regulated activities within the municipality shall be designed,
implemented, operated, and maintained to meet the purposes of this
chapter, through these two elements:
N.
No regulated earth disturbance activities within the municipality
shall commence until the requirements of this chapter are met.
O.
Post-construction water quality protection shall be addressed as required by § 372-22, Water quality requirements and stormwater best management practices.
P.
Operations and maintenance of permanent stormwater BMPs shall be addressed as required by § 372-28, Responsibilities for operations and maintenance of stormwater controls and BMPs.
Q.
All BMPs used to meet the requirements of this chapter shall conform
to the state water quality requirements and any more stringent requirements
as set forth by the municipality.
The following permit requirements may apply to certain regulated
earth disturbance activities and must be met prior to commencement
of regulated earth disturbance activities, as applicable:
A.
A permit to construct the stormwater facilities as approved by the
Township Supervisors.
B.
All regulated earth disturbance activities subject to permit requirements
by DEP under regulations at 25 Pa. Code Chapter 102.
C.
Work within natural drainageways subject to permit by DEP under 25
Pa. Code Chapter 105.
D.
Any stormwater management facility that would be located in or adjacent
to surface waters of the commonwealth, including wetlands, subject
to permit by DEP under 25 Pa. Code Chapter 105.
E.
Any stormwater management facility that would be located on a state
highway right-of-way or require access from a state highway shall
be subject to approval by PennDOT. In the case where a driveway entrance
is required from a state road to access stormwater facilities, a highway
occupancy permit and any further approval required by the PennDOT
will be applied and obtained by the applicant for the development.
F.
Culverts, bridges, storm sewers, or any other facilities which must
pass or convey flows from the tributary area and any facility which
may constitute a dam subject to permit by DEP under 25 Pa. Code Chapter
105.
A.
No regulated earth disturbance activities within the municipality
shall commence until the municipality receives an approval from the
Conservation District of an erosion and sediment control plan for
construction activities.
B.
DEP has regulations that require an erosion and sediment control
plan for any earth disturbance activity of 5,000 square feet or more,
under 25 Pa. Code § 102.4(b).
C.
In addition, under 25 Pa. Code Chapter 92, a PADEP permit for stormwater
discharges associated with construction activities is required for
land disturbances greater than one acre.
D.
Evidence of any necessary permit(s) for regulated earth disturbance
activities from the appropriate DEP regional office or county conservation
district must be provided to the municipality. The issuance of an
NPDES construction permit [or permit coverage under the statewide
general permit (PAG-2)] satisfies the requirements of this subsection.
E.
A copy of the erosion and sediment control plan and any required
permit, as required by DEP regulations, shall be available on the
project site at all times.
F.
Additional erosion and sediment control design standards and criteria
are recommended to be applied where infiltration BMPs are proposed.
They shall include the following:
(1)
Areas proposed for infiltration BMPs shall be protected from sedimentation
and compaction during the construction phase to maintain maximum infiltration
capacity. Additional measures, such as placement of orange construction
fencing around proposed infiltration BMPs during construction to minimize
or eliminate traffic overtop these areas, and temporary sealing off
of pipes and inlet connections to infiltration BMPs to prevent sediment
clogging, should be done.
(2)
Infiltration BMPs shall not be constructed nor receive runoff until
the entire drainage area contributory to the infiltration BMP has
achieved final stabilization.
A.
General requirements. No final subdivision or land development plan
shall be approved, no permit authorizing construction issued, or any
earth moving or land disturbance activity initiated until the final
stormwater management plan for the development site is approved in
accordance with the provisions of this chapter. The following items
shall be included in the stormwater management plan or drainage plan
(small development):
(2)
General description of proposed permanent stormwater management techniques,
including construction and materials specifications of the materials
to be used for stormwater management facilities;
(3)
USGS map at one inch equals 2,000 feet scale with the project area
outlined.
(4)
An erosion and sediment control plan, including all reviews and letters
of adequacy from the Conservation District.
B.
Maps. Map(s) of the project area shall be submitted on twenty-four-inch
by thirty-six-inch sheets and/or shall be prepared in a form that
meets the requirements for recording at the offices of the Recorder
of Deeds of Washington County. The contents of the map(s) shall include,
but not be limited to:
(1)
The location of the project relative to highways, municipal boundaries,
or other identifiable landmarks.
(2)
Existing contours at intervals of two feet. In areas of slopes greater
than 25%, five-foot contour intervals may be used.
(3)
Existing streams, lakes, ponds, or other waters of the commonwealth
within the project area.
(4)
Other physical features, including flood hazard boundaries, stream
buffers, existing drainage courses, areas of natural vegetation to
be preserved, and the total extent of the upstream area draining through
the site.
(5)
The locations of all existing and proposed utilities, sanitary sewers,
water wells, and water lines within the project area and within 50
feet of outer property lines.
(6)
A map overlay showing soil names, boundaries and limitations (and
in tabular format) as reflected in the US Department of Agriculture
(USDA) Soil Survey, latest edition for the county.
(7)
Limits of earth disturbance, including the type and amount of impervious
area that would be added.
(8)
Proposed structures, roads, paved areas, and buildings.
(9)
The name of the development, the name and address of the owner of
the property, and the name of the individual or firm preparing the
plan.
(10)
The date of submission.
(11)
Location of all open channels, as well as indicating where they
are draining after they leave the site (storm sewer, defined drainage
swale, stream channel, waters of the commonwealth, etc.).
(12)
The location of all erosion and sediment control facilities
and all post-construction stormwater management facilities, BMPs,
systems, etc.
(13)
A statement, signed by the applicant, acknowledging that any
revision to the approved post-construction stormwater management plan
must be approved by the municipality and the Conservation District
and/or PADEP (if greater than one acre of land disturbance), and that
a revised erosion and sediment control plan must be submitted to the
Conservation District for a determination of adequacy.
C.
Stormwater management facilities.
(1)
All post-construction stormwater management (PCSWM) BMPs facilities
must be located on a plan and described in detail. The PCSWM plan
package should include, at a minimum, pre- and post- drainage area
plans, an overall PCSWM plan, PCSWM details sheets, landscaping or
conservation plans, etc.
(2)
When infiltration measures, such as seepage pits, beds, or trenches,
are used, the locations of existing and proposed septic tanks, infiltration
areas and wells must be shown. Minimum setback distances should be
identified from water supply wells, septic areas, and any adjacent
or downgradient buildings and/or structures with below-grade floors
or inhabitable space.
(3)
All calculation assumptions and criteria used in the design of the
stormwater management facilities must be shown.
D.
The following items shall be included in the stormwater management
application for large and small land disturbances, subdivisions, or
land developments:
(2)
General description of proposed permanent stormwater management techniques,
including construction specifications of the materials to be used
for stormwater management facilities.
(3)
Complete hydrologic, hydraulic, and structural computations for all
stormwater management facilities.
(4)
An erosion and sediment control plan, including all reviews and letters
of adequacy from the Conservation District.
E.
Supplemental information to be submitted to the municipality.
(1)
A written description of the following information shall be submitted
by the applicant and shall include:
(2)
A description of the effect of the project (in terms of runoff volumes
and peak flows) on adjacent properties and on any existing municipal
stormwater collection system that may receive runoff from the project
site, where this applies.
(3)
A declaration of adequacy and highway occupancy permit from the Pennsylvania
Department of Transportation (PennDOT) district office when utilization
of a PennDOT storm drainage system is proposed.
F.
Proof of application or documentation of required permit(s) or approvals
for the programs listed below as they apply, and where they are the
responsibility of the applicant to determine which are required:
G.
For any of the activities regulated by this chapter, the final approval
of subdivision and/or land development plans, the issuance of any
building or occupancy permit, or the commencement of any earth disturbance
activity may not proceed until the property owner or applicant or
his/her agent has received written approval of a stormwater management
plan from the municipality.
H.
Where also required, the following constraints will also preclude
the issuance of final approval of subdivision and/or land development
plans, the issuance of any building or occupancy permit, or the commencement
of any earth disturbance activity:
A.
The applicant shall demonstrate that the regulated activities were
designed in the following sequence. The goal of the sequence is to
minimize the increases in stormwater runoff and impacts to water quality
resulting from the proposed regulated activity:
(1)
Prepare an existing resource and site analysis map (ERSAM) showing
environmentally sensitive areas, including, but not limited to, steep
slopes, ponds, lakes, streams, wetlands, hydric soils, vernal pools,
stream buffers, hydrologic soil groups, wooded areas, and potential
infiltration areas. Land development, any existing recharge areas,
and other requirements outlined in the Municipal Comprehensive Plan
shall also be included.
(2)
Establish a stream buffer according to § 372-18A(7).
(3)
Prepare a draft project layout avoiding sensitive areas identified in § 372-11A(1).
(4)
Identify site-specific existing conditions drainage areas, discharge
points, recharge areas, and hydrologic soil groups A and B (areas
conducive to infiltration). Infiltration should still be considered
in well draining soils listed as hydrologic soil group C, but additional
soils testing should be performed to verify on-site conditions and
placement of these BMPs.
(7)
Prepare final project design to maintain existing conditions drainage
areas and discharge points, to minimize earth disturbance and impervious
surfaces, and, to the maximum extent possible, to ensure that the
remaining site development has no surface or point discharge.
(8)
Conduct a proposed conditions runoff analysis based on the final design that meets the management district requirements [§ 372-18B(3)].
(9)
Manage any remaining runoff prior to discharge through detention,
bioretention, direct discharge, or other structural control.
B.
The design of all regulated activities shall include the following
to minimize stormwater impacts.
(1)
The applicant shall find practicable alternatives to the surface
discharge of stormwater, the creation of impervious surfaces, and
the degradation of waters of the commonwealth and must maintain as
much as possible the natural hydrologic regime of the site.
(2)
An alternative is practicable if it is available and capable of implementation
after taking into consideration existing technology and logistics
in light of overall project purposes, costs, and other municipal requirements.
The PADEP antidegradation water quality guidelines and regulations
should be referred to for approach.
(3)
All practicable alternatives to the discharge of stormwater are presumed
to have less adverse impact on quantity and quality of waters of the
commonwealth unless otherwise demonstrated.
A.
General format. The stormwater management plan shall be prepared
using the following requirements:
(1)
Watershed mapping. For the design of the site stormwater management
facilities, provide clear mapping that delineates the watershed boundaries
for the proposed development site for existing and post-construction
conditions. Clearly illustrate the time of concentration (the time
it takes for surface runoff to travel from the hydraulically farthest
portion of the watershed to the design point, paths for both existing
and post-construction conditions). Watershed mapping shall also be
provided for the design of storm sewer inlets.
(2)
Floodplain boundaries. Identify 100-year floodplains on the development
site (as appropriate) based on a historical data, a Township Flood-Prone
Area Map, where available, or a Flood Insurance Rate Map as available
from the US Army Corps of Engineers, or the applicant's consultant's
determination of the 100-year floodplain for any watercourse or water
body on the development site with a drainage area of 100 acres or
more.
(3)
Natural features. Show all bodies of water (natural and artificial),
watercourses (permanent and intermittent), swales, wetlands and other
natural drainage courses on the development site or which will be
affected by runoff from the development.
(4)
Soils. Provide an overlay showing soils types and boundaries within
development site (consult county, NRCS, U.S. Geologic Survey for information).
(5)
Contours. Show existing and final contours at intervals of two feet;
in areas with slopes greater than 15% five-foot contour intervals
may be used.
(6)
Stormwater management controls. Show any existing stormwater management
or drainage controls and/or structures, such as storm sewers, swales,
culverts, etc., which are located on the development site, or which
are located off-site but will be affected by runoff from the development.
B.
Professional certification. The stormwater management plan, including
all calculations, must be prepared and sealed by a registered professional
engineer qualified to make certification under the laws of Pennsylvania.
C.
Runoff calculations. Calculations for determining pre- and post-development discharge rates and for designing proposed stormwater control facilities must be submitted with the stormwater management plan. All calculations shall be prepared using the method and data prescribed by § 372-18.
D.
Stormwater controls. All proposed stormwater runoff control measures
must be shown on the plan, including methods for collecting, conveying
and storing stormwater runoff on site, which are to be used both during
and after construction. Erosion/sedimentation controls must be shown.
The preliminary plan must provide information on the general type,
location, sizing, etc. of all proposed facilities and their relationship
to the existing watershed drainage system.
E.
Easements, rights-of-way, deed restrictions. All existing and proposed
easements and rights-of-way for drainage and/or access to stormwater
control facilities shall be shown, and the proposed owner identified.
Show any areas subject to special deed restrictions relative to or
affecting stormwater management on the development site.
F.
Other permits/approvals. A list of any approvals/permits relative
to stormwater management that will be required from other governmental
agencies, e.g., a water obstruction permit from PADEP. Anticipated
dates of submission/receipt should be included with the preliminary
plan submission. The municipality may request copies of the applications
if they may be helpful for the stormwater plan review.
G.
Maintenance program. The preliminary application shall contain a
proposed maintenance plan for all stormwater control facilities, in
accordance with the following:
(1)
Identify the proposed ownership entity (e.g., municipality, property
owner, a homeowners' association, other management entity).
(2)
If ownership is to be an entity other than the Township, include a maintenance program for all facilities, outlining the type of maintenance activities, probable frequencies, personnel and equipment requirements, and estimated annual maintenance costs. See also § 372-14B(4).
(3)
Identify method of financing continuing operation and maintenance
if facility is to be owned by other than the Township or other governmental
agency.
A.
All information pertaining to stormwater management from the preliminary
plan along with any changes.
B.
Final maps showing the exact nature and location of all temporary
and permanent stormwater management controls under the design and
construction specifications.
C.
A schedule for the installation of all temporary and permanent stormwater
control measures and devices.
D.
An accurate survey showing all current and proposed easements and
rights-of-ways and copies of all proposed deed restrictions.
E.
A maintenance program establishing ownership and maintenance responsibilities for all stormwater control facilities (identify specific person or entity) and detailing financial requirements and sources of funding. Submit any legal agreements required to implement the maintenance program and copies of the maintenance agreement as specified by § 390-506 of Chapter 390, Subdivision and Land Development.
F.
Financial guarantees to ensure that all stormwater controls are installed
properly and functioning satisfactorily.
A.
Preapplication phase:
(1)
During the preapplication period, applicants are urged to consult
with the Township and the Washington County Planning Department on
the requirements for safely managing stormwater runoff from the development
site in a manner consistent with the Township ordinances and the Township
Stormwater Management Plan. These agencies may be helpful in providing
the data that is necessary for preparing the stormwater management
plan for the development site.
(2)
Applicants are encouraged to submit a sketch plan with a narrative
description of the proposed stormwater management controls and general
hydrologic parameters for general guidance and discussion with Township
and County agencies.
(3)
The preapplication phase is not mandatory, no application or fee
is collected for this portion of process, and any review comments
provided by Township or county agencies are advisory only and do not
constitute any legally binding action on the part of the Township
or any county agency.
B.
Preliminary and final stormwater plan reviews:
(1)
Preliminary and final plans required. Stormwater management plans, in accordance with the requirements of § 372-7, will be submitted with the preliminary and final subdivision or land development plan application. The maximum impervious surface area that may be placed on individual lots must be shown on the construction plan as well as the recorded plan. The square foot area shall be shown on the plans in the form of a table.
(2)
Plan review. Preliminary and final stormwater management plans will
be reviewed by the Township Engineer. At its discretion, the Township
may also engage other specialists in hydrology or hydraulics to assist
with the stormwater plan review.
(3)
Notification of affected municipalities. If, during the review of
the proposed stormwater management plan, the Township determines that
properties in adjacent municipalities may be affected by the stormwater
runoff and proposed management system for the site, it will notify
the affected municipalities and provide an opportunity to submit comments
as part of the preliminary or final plan reviews. Copies of the plans
will be made available to the municipalities upon request. Comments
received will be submitted to the Planning Commission and the Township
Board of Supervisors.
(4)
Township Engineer's review. The Township Engineer shall review
and provide the Township with a recommendation for acceptance or rejection
of the preliminary and final stormwater management plan based on the
requirements of the Township's ordinances, the standards and
criteria of the Township Stormwater Management Plan, and good engineering
practice. The developer shall submit a written final stormwater management
plan, along with supporting documentation, to the Township Planning
Commission for its consideration as part of the overall regulated
activities plan review. In the case that the Township will be responsible
for the maintenance of the stormwater management facility, the developer's
design engineer shall submit tabled recommended maintenance inspections
in accordance with the guidelines in the Appendix I[1] and PennDOT approvals in accordance with § 372-8E for review and approval by the Board of Supervisors.
[1]
Editor's Note: Appendix I is on file in the Township offices.
(5)
Status of the Engineer's determination. The approval/disapproval
of the site's stormwater management plan by the Township Engineer
shall be transmitted with recommendations to the Township Planning
Commission and the Board of Supervisors, who will have final approval
authority. The Planning Commission (or Board of Supervisors) can request
modifications or alternative approaches to the stormwater management
controls, consistent with the low impact provisions of the best management
practices outlined in Appendix D,[2] provided these are agreed to by the Township Engineer
and the applicant's engineer who must certify the plans.
[2]
Editor's Note: Appendix D is on file in the Township offices.
(6)
Approval of stormwater plan required for subdivision/land development
approval. No final approval of a subdivision or land development application
or plan shall be granted for a nonexempt regulated activity until
a stormwater management plan for the site has been approved.
(7)
Permits required from other governmental agencies. When the subdivision
or land development application requires permits from the Pennsylvania
DEP, U.S. Army Corps of Engineers, or other regulatory agency, then
a nonexempt regulated activity plan approval shall be conditional
upon receipt of such permits. However, no building permit shall be
issued, or construction started, until these permits are received
and copies filed with the Township for a nonexempt regulated activity.
Upon providing adequate financial guarantees, as outlined in the Chapter 390, Subdivision and Land Development,, and after the Township has issued a permit, and the notice to proceed, the applicant may commence to install or implement the approved stormwater management controls, subject to the provisions of § 372-14B(6), as above. If site development or building construction does not begin within two years of the date of the final approval of the subdivision or land development plan, then, before doing so, the applicant shall resubmit the stormwater management plans to verify that no condition has changed within the watershed that would affect the feasibility or effectiveness of the previously approved stormwater management controls. Further, if for any reason development activities are suspended for two years or more, then the same requirement for resubmission of the stormwater management plan shall apply.
Requests for modification in the final approved stormwater management
controls shall be submitted to the Township, which will request review
by the Township Engineer as appropriate, listed as follows:
A.
If request is initiated before construction begins, the stormwater plan must be resubmitted and reviewed according to the procedures in § 372-14 of this chapter.
B.
If request is initiated after construction is underway, the Township
Engineer shall have the authority to approve or disapprove the modification,
based on field inspection, provided the requested changes in stormwater
controls do not result in any modifications to other approved Township
land use/development requirement (such as required building setbacks,
yards, etc.). A plan modification, in accordance with applicable Township
procedures, shall be necessary if any such requirements are affected.
The developer shall maintain a record of all changes approved for
the stormwater management controls and shall submit these to the Township's
Board of Supervisors with the final as-built plans for the development,
prior to the acceptance of any improvements by the Township.
C.
Design modifications during construction. The developer shall submit
a written request, along with professional certifications of any modifying
calculations, with drawings describing any design modifications, and
receive written approval from the Township before continuing with
the modifications without penalty to the Township or Township Engineer
conducting the review.
A.
For the purposes of stormwater management, North Franklin Township
is considered one Stormwater Management District.
B.
At the time where the Township adopts an Act 167 study that has provisions
for separate standards for release rates, then the prescribed release
rates shall be incorporated here to this chapter by reference at the
release rates adopted in the study.
A.
General performance standards. The following provisions shall be
considered the overriding performance standards against which all
proposed stormwater control measures shall be evaluated, and they
shall apply in all areas of the municipality.
(1)
Any landowner and any person engaged in the alteration or development
of any land, which may affect stormwater runoff characteristics, shall
implement such measures as are reasonably necessary to prevent injury
to health, safety or other property. Such measures shall include such
actions as are required:
(a)
To assure that the maximum rate of stormwater runoff leaving
the property, as well as at all points of interest downstream of the
development within the Township boundaries is no greater than 80%
of the predevelopment rate of discharge after development; or
(b)
To manage the quantity, velocity and direction of resulting
stormwater runoff in a manner which otherwise adequately protects
health and property from possible injury.
(2)
The stormwater management plan for the development site must consider
all the stormwater runoff flowing over the site.
(3)
Where the existing storm sewers are reasonably accessible, proposed
developments may be required to connect with the storm sewer system
unless insufficient capacity or other reasons can be demonstrated
to prevent the connection.
(4)
No discharge of toxic materials into any stormwater management system
shall be permitted.
(5)
For any development that is to be constructed in stages, the applicant
must demonstrate that stormwater facilities will be installed to manage
stormwater runoff safely during each stage of development.
(6)
Where a subdivision or land development is traversed by a natural
watercourse, there shall be provided a drainage easement or right-of-way
conforming substantially with the line of such watercourse width.
(7)
The Township will assure that all perennial or intermittent streams
not under the jurisdiction of other official agencies are maintained
open and free flowing. Fifty foot easements shall be provided and
centered about the center line of the stream. If a perennial or intermittent
stream passes through the site, the applicant shall create a stream
buffer extending a minimum of 25 feet to either side of the top-of-bank
of the channel. The buffer area shall be maintained with and encouraged
to use appropriate native vegetation (refer to Appendix H of the Pennsylvania
Handbook of Best Management Practices for Developing Areas for plant
lists). If the applicable rear or side yard setback is less than 50
feet or a stream traverses the site, the buffer width may be reduced
to 25% of the setback and/or to a minimum of 10 feet. If an existing
buffer is legally prescribed (i.e., deed, covenant, easement, etc.)
and it exceeds the requirements of this chapter, the existing buffer
shall be maintained. The requirements of this section do not include
lakes or wetlands.
B.
Technical performance standards. The stormwater performance standards
contained in this section are intended to implement the standards
and criteria contained in the North Franklin Township Stormwater Management
Plan. It shall be used as a guide in applying and interpreting all
specific requirements of this chapter. If there is any discrepancy
between the provisions of this chapter and the standards and criteria
of the Plan, or the Township Stormwater Management Plan is subsequently
amended, then the standards/criteria of the current Pan shall govern.
Unless otherwise specified, the following provisions shall apply in
all stormwater management districts:
(1)
Design storms. Stormwater management facilities on all development
sites in all stormwater management districts shall control the peak
stormwater discharge for the two-, ten-, twenty-five-, and 100-year
design storms. The NRCS twenty-four-hour, Type II rainfall distribution
shall be used for analyzing stormwater runoff in predevelopment and
post-development conditions as well as for designing runoff control
facilities (except storm runoff collection and conveyance facilities).
The design storms, along with the twenty-four-hour total runoff depths
for these return periods, for the watersheds in North Franklin Township
are:
|
Design Storm Return Period
|
24-Hour Rainfall Depth (Inches)
|
|---|---|
|
2-year
|
2.6
|
|
10-year
|
3.9
|
|
25-year
|
4.4
|
|
100-year
|
5.2
|
|
For additional information or data on other return periods,
consult the "Rainfall Duration Frequency Tables for Pennsylvania,"
produced by PADEP, Office of Resource Management, Bureau of Dams and
Waterways Management, Division of Stormwater Management, Harrisburg,
February 1983.
|
(2)
Calculation methods.
(a)
Development sites. For the purposes of computing peak flow rates
and runoff hydrographs from development sites and drainage areas larger
than three acres, calculations shall be performed using the methodologies
presented in NRCS publication Technical Release 55 (TR 55). For development
sizes less than three acres, the Rational Method may be utilized.
The Township Engineer may approve the use of other simulation computer
programs for the stormwater analysis and design.
(b)
Stormwater collection/conveyance facilities. For the purpose
of designing storm sewers, open swales and other stormwater runoff
collection and conveyance facilities, the Rational Method shall be
applied. Rainfall intensities for design should be obtained from the
current Pennsylvania Department of Transportation rainfall charts.
(c)
Predevelopment conditions. Predevelopment conditions shall be
assumed to be those which exist on any site at the time of plan submission.
Hydrologic conditions for all areas with pervious cover (i.e., fields,
woods, lawn areas, pastures, cropland, etc.) shall be assumed to be
in "good" condition, and the lowest recommended NRCS runoff curve
number (CN) shall be applied for pervious land uses within the respective
range for each land use and hydrologic soil group.
(3)
Release rate percentage:
(a)
Application. All subdivisions and land development activities
which result in an increase in the post-development peak rate of stormwater
runoff from any outfall on the development site shall be subject to
the release rate as defined in the Township Stormwater Map or this
chapter, and applied to the design storms (two-, ten-, twenty-five-,
100-year events). In the event an Act 167 watershed management plan
is adopted by resolution, then the release rates for subsheds or the
areas of the Township designated in the plan or presented by resolutions
shall supersede this value without modification being required to
this chapter.
(b)
Definition. The release rate percentage defines the percentage
of the predevelopment peak rate of runoff rate that can be discharged
from an outfall on the site after development. It applies uniformly
to all land developments or alterations within a subarea, and the
post-development rate of runoff discharging from each outfall of the
development site cannot exceed the release rate percentage for the
subarea in which it is located.
(4)
Direct discharge option (no harm option). The direct discharge or
"no harm option," as it is known in stormwater studies, will only
be used where engineering analysis and catalog of all related sensitive
areas that may be affected by such a judgment are provided within
the stormwater management plan, and reviewed by the Township Engineer.
A.
General design guidelines:
(1)
Applicants may select runoff control techniques, or combinations
of techniques, which are most suitable to the level of stormwater
runoff control required, the type of development, and the natural
features of the site and the effects of increased runoff to downstream
areas. Cost of maintenance may be one of the considerations in the
designs selected. All controls are subject to the "review and recommendation"
of the Township Engineer, and subject to Township Board of Supervisor's
approval. The Engineer may request specific information on design
and/or operating features of the proposed stormwater controls in order
to determine their suitability and adequacy in terms of the standards
of this chapter.
(2)
In selecting and designing stormwater management systems and controls,
applicants may be guided by the following references:
(a)
"Urban Hydrology for Small Watersheds," Technical Release No.
55, available from the USDA, Natural Resources Conservation Service,
1975 (or most recent edition).
(b)
"Soil Erosion and Sedimentation Control Manual," available from
the Pennsylvania Department of Environmental Protection, March 1982
(or most recent edition).
(c)
"Standards and Specifications for Soil Erosion and Sediment
Control," available from the Maryland Water Resources Administration,
1983 (or most recent edition).
(d)
"Urban Stormwater Management," Special Report No. 49, available
from the American Public Works Administration, 1981 (or most recent
edition).
(e)
"Water Resources Protection Measures in Land Development - A
Handbook," available from the University of Delaware, Water Resources
Center, April 1974 (or most recent edition).
(f)
"Design and Construction of Sanitary and Storm Sewers," WPCF
Manual of Practice No. 9, available from the Water Pollution Control
Federation, 1970 (or most recent edition).
(3)
The applicant should consider the effect on the proposed stormwater
management techniques of any special soils conditions or geological
hazards which may exist on the development site. In the event such
conditions are identified on the development site, the Township may
require in-depth studies by a competent geotechnical engineer.
B.
Criteria for stormwater detention facilities.
(1)
If detention facilities are utilized for the development site, the
facility(s) shall be designed such that the post-development peak
runoff rates from the developed site are controlled to the release
rate percentage or downstream impact evaluation for the two-, ten-,
twenty-five-, and 100-year design storms.
(2)
All detention facilities shall be designed and equipped to safely
pass the post-development 100-year storm runoff flows without damaging
(i.e., impairing the continued function of) the facilities. (The twenty-four-hour
total rainfall for the 100-year storm is 5.2 inches.)
(3)
Shared storage facilities, which provide detention of runoff for
more than one development site, may be considered within a single
subarea. Such facilities shall meet the design criteria contained
in this section. In addition, runoff from the development sites involved
shall be conveyed to the facility in a manner so as to avoid adverse
impacts, such as flooding or erosion, to channels and properties located
between the development site and the shared storage facilities.
(4)
Where detention facilities will be utilized, multiple use facilities,
such as lakes, ballfields, or similar recreational uses, are encouraged
wherever feasible, subject to the approval of the Township.
(5)
Other considerations which should be incorporated into the design
of the detention facilities include:
(a)
Inflow and outflow structures should be designed and installed
to prevent erosion, and bottoms of impoundment-type structures should
be protected from soil erosion.
(b)
Control and removal of debris, both in the storage structure
and in all inlet or outlet devices, will be a design consideration.
(c)
Inflow and outflow structures, pumping stations, and other structures
should be protected and designed to minimize safety hazards.
(d)
The interior slope of a detention or retention basin shall be
no steeper than three to one (horizontal to vertical). Restriction
of access (fences, walls, etc.) may be required, depending on location
of the facility, and the recommendation of the Township Engineer.
(e)
Ponds with a normal water depth greater than 10 feet shall require
a supporting report from a geotechnical engineer and shall be constructed
under the supervision of the geotechnical engineer.
(f)
Landscaping should be provided for the facility which harmonizes
with the surrounding area.
(g)
Facility should be located to facilitate maintenance, considering
the frequency and type of equipment that will be required.
(h)
All principal spillway inlets in any detention or retention
facility must have an appropriate trash rack that facilitates self-cleaning.
(i)
For all underground detention facilities, exclusive of those
used for residential small developments, two points of access will
be required for maintenance and safety.
(j)
All aboveground detention facilities shall have a low flow channel
of noneroding materials, as approved by the Township Engineer, to
prevent erosion during low flow periods.
(k)
All interior portions of the basin shall slope toward the outlet
or low flow channel at a minimum of 1%.
(6)
Control facilities shall be designed to meet, as a minimum, the design
standards and specifications of the "Erosion and Sedimentation Control
Handbook for Townships and Counties."
(a)
In areas underlain with limestone geology, ponds shall be limited
to the detention (dry) type unless the developer can show a special
need for a retention pond, in which case it shall have a lining. Detention
ponds shall be prohibited in areas of known sinkholes unless the pond
is lined.
(b)
Retention ponds deeper than four feet shall be fenced with a
six-foot-high fence subject to the approval of the Board of Supervisors.
The fencing requirement may be waived by the Board of Supervisors
if it can be demonstrated that fencing is not needed to protect the
public health and safety.
C.
Criteria for collection/conveyance facilities.
(1)
All stormwater runoff collection or conveyance facilities, whether
storm sewers or other open or closed channels, shall be designed in
accordance with the following basic standards:
(a)
All sites shall be graded to provide drainage away from and
around the structure in order to prevent any potential flooding damage.
(b)
Lots located on the high side of streets may extend roof and
french drains to a properly sized curbline storm sewer (if applicable).
Low side lots may extend roof and french drains to a stormwater collection/conveyance
system or natural watercourse in accordance with the approved stormwater
management plan for the development site.
(c)
Collection/conveyance facilities should not be installed parallel
and close to the top or bottom of a major embankment to avoid the
possibility of failing or causing the embankment to fail.
(d)
All collection/conveyance facilities shall be designed to convey
the 100-year storm peak flow rate from the contributing drainage area
and to carry it to the nearest suitable outlet, such as a curbed street,
storm sewer, or natural watercourse. Off-site conveyance shall be
via public or private easement to an existing storm sewer system or
natural watercourse.
(e)
Collection/conveyance facilities shall be designed as a system
and shall address which criteria, inlet, outlet, or pipe flow conditions
control. No part of the collection/conveyance system shall be designed
for pressure flow (greater than atmospheric pressure). One foot of
freeboard shall be maintained in inlets at peak design flows. Collection/conveyance
systems shall be designed to handle the fully developed site.
(f)
Where drainage swales or open channels are used, they shall
be suitably lined to prevent erosion and designed to avoid excessive
velocities.
(2)
Wherever storm sewers are proposed, they shall comply with the following
criteria:
(a)
Where practical, designed to traverse under seeded and planted areas. If constructed within a road or street right-of-way dedicated to the Township, the storm sewer shall be constructed in accordance with the standards required in Chapter 390, Subdivision and Land Development.
(b)
Preferably installed after excavating and filling in the area
to be traversed is completed, unless the drain is installed in the
original ground with a minimum of two feet cover and/or adequate protection
during the fill construction.
(c)
Designed 1) with cradle, when traversing fill areas of indeterminate
stability; 2) with anchors, when gradient exceeds 20%; and 3) with
encasement or special backfill requirements, when traversing under
a paved area.
(d)
Designed to handle adequately the anticipated stormwater flow
and to be constructed and maintained economically. The minimum pipe
size shall be 15 inches in diameter.
(e)
Drain pipe, headwalls, end walls, trenching, bedding and backfilling
requirements shall conform to the requirements of the Township and/or
applicable requirements of the Pennsylvania Department of Transportation
Specifications. Current form 408.
(f)
All piping shall be smooth flow corrugated polyethylene pipe
with soil-tight joint systems, such as ADS-N12 or similar. Other pipe
may be used upon approval by the Township Engineer.
(g)
Storm inlets and structures shall be designed to be adequate,
safe, self-cleaning and unobtrusive and shall be consistent with the
construction standards and specifications of the Township.
(h)
Appropriate grates shall be designed for all catch basins, stormwater
inlets and other entrance appurtenances in accordance with Township
construction standards and specifications.
(i)
Manholes shall be designed so that the top shall be at finished
grade and sloped to conform to slope of finished grade. Top castings
of structures located in roads or parking areas shall be machined
or installed to preclude "rattling."
(j)
Storm sewer outfalls shall be equipped with energy dissipation
to prevent erosion and conform to applicable requirements of the PADEP
for stream encroachments (Chapter 105 of the Department's rules
and regulations).
(k)
All footer drains, and floor drains shall be collected and conveyed
to the nearest stormwater management facility.
(l)
Street drainage will not be permitted to cross intersections
or the crown of the road.
(m)
Maximum spacing of street inlets shall not exceed 400 feet.
(3)
All springs and sump pump discharges shall be collected so as not
to flow in the streets or cause damage to adjacent property.
(4)
Stormwater roof drains shall be collected and conveyed to the nearest
stormwater management facility.
A.
Any stormwater facility located on state highway rights-of-way shall
be subject to approval by PennDOT.
B.
All wet basin designs (basins that will hold water) shall incorporate
biologic controls consistent with the West Nile prevention guidance
from the EPA.
C.
Any stormwater management facility (i.e., detention basin) required
or regulated by this chapter designed to store runoff and requiring
a berm or earthen embankment shall be designed to provide an emergency
spillway to handle flow up to and including the 100-year proposed
conditions. The height of embankment must provide a minimum 1.0 foot
of freeboard above the maximum pool elevation, computed when the facility
functions for the 100-year proposed conditions inflow. Should any
stormwater management facility require a dam safety permit under DEP
Chapter 105, the facility shall be designed in accordance with Chapter
105 and meet the regulations of Chapter 105 concerning dam safety.
Chapter 105 may be required to pass storms larger than the 100-year
event.
D.
Any facilities that constitute water obstructions (e.g., culverts,
bridges, outfalls, or stream enclosures) and any work involving wetlands
governed by DEP Chapter 105 regulations (as amended or replaced from
time to time by DEP) shall be designed in accordance with Chapter
105 and will require a permit from DEP. Any facility that constitutes
a dam, as defined in DEP Chapter 105 regulations, may require a permit
under dam safety regulations.
E.
Any drainage conveyance facility that does not fall under Chapter
105 regulations must be able to convey, without damage to the drainage
structure or roadway, runoff from the twenty-five-year design storm
with a minimum one foot of freeboard, measured below the lowest point
along the top of the roadway. Any facility located within a PennDOT
right-of-way must meet PennDOT minimum design standards and permit
submission requirements.
F.
Any drainage conveyance facility and/or channel not governed by Chapter
105 regulations must be able to convey, without damage to the drainage
structure or roadway, runoff from the 100-year design storm (no freeboard
requirement). Conveyance facilities to or exiting from stormwater
management facilities (i.e., detention basins) shall be designed to
convey the design flow to or from that structure. Roadway crossings
located within designated floodplain areas must be able to convey
runoff from a 100-year design storm. Any facility located within a
PennDOT right-of-way must meet PennDOT minimum design standards and
permit submission requirements.
G.
Storm sewers must be able to convey proposed conditions runoff from
a 100-year design storm maintaining within the top of the inlet grate.
H.
Adequate erosion protection shall be provided along all open channels
and at all points of discharge.
I.
The design of all stormwater management facilities shall incorporate
sound engineering principles and practices. The municipality reserves
the right to disapprove any design that would result in construction
in or continuation of a stormwater problem area.
A.
Maximizing the groundwater recharge capacity of the area being developed is required. Design of the infiltration facilities shall consider groundwater recharge to compensate for the reduction in the recharge that occurs when the ground surface is disturbed or impervious surface is created. It is recommended that roof runoff be directed to infiltration BMPs that may be designed to compensate for the runoff from parking areas. These measures are required to be consistent with § 372-20 and to take advantage of utilizing any existing recharge areas.
B.
Infiltration may not be feasible on every site due to site-specific limitations such as soil type. If it cannot be physically accomplished, then the design professional shall be responsible to show that this cannot be physically accomplished. Appropriate soils testing and/or geotechnical evaluation should be included as part of any documentation for Infiltration BMPs. If it can be physically accomplished, then the volume of runoff to be infiltrated shall be determined from § 372-21C(2) depending on demonstrated site conditions and shall be the greater of the volumes.
C.
Infiltration BMPs shall meet the following minimum requirements:
(1)
Infiltration BMPs intended to receive runoff from developed areas
shall be selected based on suitability of soils and site conditions
and shall be constructed on soils that have the following characteristics:
(a)
A minimum depth of 24 inches, preferably 36 inches, between
the bottom of the BMP and the top of the limiting zone [e.g., SHWT
(see definition), groundwater, bedrock, etc.].
(b)
An infiltration rate sufficient to accept the additional stormwater
load and dewater completely as determined by field tests conducted
by the applicant's design professional.
(c)
The infiltration facility shall be capable of completely infiltrating
the retention (infiltration) volume (Rc) within three days (72 hours)
or less, where Re, and the process for calculating these elements
are defined in further sections.
(d)
Pretreatment shall be provided prior to infiltration.
(2)
The size of the infiltration facility shall be based upon the following
volume criteria:
(a)
Net two-year volume approach. In 25 Pa. Code, defined high quality/exceptional
value (HQ/EV) watersheds, the minimum recharge retention (infiltration)
volume (Rev) to be captured and infiltrated
shall be the net two-year volume. The net two-year volume shall be
determined by plotting the two-year project site post-development
hydrograph, drawing a straight line from the point-of-inflection of
the rising limb of the hydrograph to the predevelopment two-year storm.
(b)
One inch from impervious surface. In other portions of the watershed
that are not classified as HQ/EV, the retention (infiltration) volume
(Rev) will be equal to capturing one inch of
rainfall over all proposed impervious surfaces.
(c)
Obtaining the Rev volume in § 372-21C(2)(a) above may not be feasible on every site due to site-specific limitations, such as soil type. If it cannot be physically accomplished, then the design professional shall be responsible for showing that this cannot be physically accomplished. If it cannot be physically accomplished, then the retention (infiltration) volume Rev required shall be as much as can be physically accomplished with a minimum of 0.50 inch depending on demonstrated site conditions. It has been determined that capturing and infiltrating 0.50 inch of runoff from the impervious areas will aid in maintaining the hydrologic regime (baseflow) of the watershed. If the goals of § 372-21C(2)(a) or (b) cannot be achieved, then 0.50 inch of rainfall shall be retained and infiltrated from all impervious areas.
(d)
The minimum recharge volume (Rev) required would, therefore, be computed as follows: The retention volume values derived from the methods in § 372-21C(2)(a), § 372-21C(2)(b), and/or § 372-21C(2)(c) is the minimum volume the applicant must control through an infiltration BMP facility. However, if a site has areas of soils that can be shown with soils laboratory testing or site percolation testing to be impermeable, then these requirements will be considered for modification by the Township Engineer, at request of the applicant's submission of the data.
|
Rev = I* impervious area (square feet)
÷ 12 (inches) = cubic feet (cf)
|
|
An asterisk (*) in equations denotes multiplication
|
|
Where:
|
|
I = The maximum equivalent infiltration amount (inches)
that the site can physically accept or 0.50 inch, whichever is greater.
|
|
Where additional volume of retention can be achieved,
the applicant is encouraged to infiltrate as much of the stormwater
runoff from the site as possible.
|
|
If the minimum of 0.50 inch of infiltration requirement cannot be achieved, a waiver from § 372-21, Groundwater recharge, would be required from the municipality.
|
D.
Soils. A detailed soils evaluation of the project site shall be required
to determine the suitability of infiltration facilities. The evaluation
shall be performed by a qualified design professional and at a minimum
address soil permeability, depth to bedrock, and subgrade stability.
The general process for designing the infiltration BMP shall be:
(1)
Analyze hydrologic soil groups as well as natural and man-made features
within the site to determine general areas of suitability for infiltration
practices. In areas where development on fill material is under consideration,
conduct geotechnical investigations of subgrade stability; infiltration
may not be ruled out without conducting these tests.
(2)
Provide field tests, such as double ring infiltrometer or hydraulic
conductivity tests (at the level of the proposed infiltration surface),
to determine the appropriate hydraulic conductivity rate. Percolation
tests are not recommended for design purposes.
(3)
Design the infiltration structure for the required retention (Rev) volume based on field determined capacity at the level
of the proposed infiltration surface.
(4)
If on-lot infiltration structures are proposed by the applicant's
design professional, it must be demonstrated to the municipality that
the soils are conducive to infiltrate on the lots identified.
E.
Stormwater hot spots (see list below). Below is a list of examples
of designated hot spots. If a site is designated as a hot spot, it
has important implications for how stormwater is managed. First and
foremost, untreated stormwater runoff from hot spots shall not be
allowed to recharge into groundwater where it may contaminate water
supplies. Therefore, the Rev requirement shall
not be applied to development sites that fit into the hot spot category
(the entire amount of infiltrated volume must still be treated). Second,
a greater level of stormwater treatment shall be considered at hot
spot sites to prevent pollutant wash-off after construction. The Environmental
Protection Agency's (EPA) NPDES stormwater program requires some
industrial sites to prepare and implement a stormwater pollution prevention
plan.
(1)
Examples of hot spots:
(a)
Vehicle salvage yards and recycling facilities.
(b)
Vehicle fueling stations.
(c)
Vehicle service and maintenance facilities.
(d)
Vehicle and equipment cleaning facilities.
(e)
Fleet storage areas (bus, truck, etc.).
(f)
Industrial sites based on standard industrial codes.
(g)
Marinas (service and maintenance).
(h)
Outdoor liquid container storage.
(i)
Outdoor loading/unloading facilities.
(j)
Public works storage areas.
(k)
Facilities that generate or store hazardous materials.
(l)
Commercial container nursery.
(m)
Other land uses and activities as designated by an appropriate
review authority.
(2)
The following land uses and activities are not normally considered
hot spots:
(3)
While large highways [average daily traffic volume (ADT) greater
than 30,000] are not designated as stormwater hot spots, it is important
to ensure that highway stormwater management plans adequately protect
groundwater.
F.
Extreme caution shall be exercised where infiltration is proposed
in safe water protection areas, (where spills or other water pollution
may threaten drinking water sources) as defined by the local municipality
or water authority.
G.
Infiltration facilities shall be used in conjunction with other innovative
or traditional BMPs, stormwater control facilities, and nonstructural
stormwater management alternatives.
H.
Extreme caution shall be exercised where salt or chloride (municipal
salt storage) would be a pollutant since soils do little to filter
this pollutant, and it may contaminate the groundwater. The qualified
design professional shall evaluate the possibility of groundwater
contamination from the proposed infiltration facility and perform
a hydrogeologic justification study if necessary. Specific consideration
should be given to the particular type of salt or deicing material
to be used within this watershed in regards to its potential long-term
effects on the soils, especially in areas that contain clay soil.
I.
The infiltration requirement in HQ or EV waters shall be subject
to the 25 Pa. Code Chapter 93 antidegradation regulations.
A.
No regulated earth disturbance activities within the Township shall
commence until approval by the Township of a best management practices
(BMPs) operations and maintenance plan, which describes how the permanent
(e.g., post-construction) stormwater BMPs will be properly operated
and maintained.
B.
The 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").
C.
To control post-construction stormwater impacts from regulated earth
disturbance activities, state water quality requirements can be met
by BMPs, including site design, which provide for replication of preconstruction
stormwater infiltration and runoff conditions, so that post-construction
stormwater discharges do not degrade the physical, chemical or biological
characteristics of the receiving waters. As described in the DEP Comprehensive
Stormwater Management Policy (#392-0300-002, September 28, 2002, or
as revised), this may be achieved by the following:
(1)
Infiltration. Replication of preconstruction stormwater infiltration
conditions;
(2)
Treatment. Use of water quality treatment BMPs to ensure filtering
out of chemical and physical pollutants from the stormwater runoff;
and
(3)
Stream-bank and streambed protection. Management of volume and rate
of post-construction stormwater discharges to prevent physical degradation
of receiving waters (e.g., from scouring and erosion).
D.
DEP has regulations that require municipalities to ensure design,
implementation and maintenance of best management practices (BMPs)
that control runoff from new development and redevelopment (hereinafter
"development") after regulated earth disturbance activities are complete.
These requirements include the need to implement post-construction
stormwater BMPs with assurance of long-term operations and maintenance
of those BMPs.
E.
Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office or county conservation district must be provided to the municipality. The issuance of an NPDES construction permit [or permit coverage under the statewide general permit (PAG-2)] satisfies the requirements of Subsection A.
A.
Erosion and sedimentation controls shall be provided, both during and after construction, in accordance with the provisions of Chapter 212, Grading and Excavating, and any state/county regulations, specifically 25 Pa. Code Chapter 102 rules and regulations.
B.
Proposed erosion/sedimentation measures should be submitted with
the stormwater management plan as part of the applicant's preliminary
plans.
A.
The Township Engineer or a designated representative shall inspect
the construction of the temporary and permanent stormwater management
for the development site. The permittee shall notify the engineer
48 hours in advance of the completion of the following key development
phases:
(1)
At the completion of preliminary site preparation, including stripping
of vegetation, stockpiling of topsoil, and construction of temporary
stormwater management and erosion control facilities.
(2)
At the completion of rough grading, but prior to placing topsoil,
permanent drainage, or other site development improvements and ground
covers.
(3)
During construction of the permanent stormwater facilities at such
times as specified by the Township Engineer.
(4)
Completion of permanent stormwater management facilities, including
established ground covers and plantings.
(5)
Completion of any final grading, vegetative control measures, or
other site restoration work done in accordance with the approved plan
and permit.
B.
No work shall commence on any subsequent phase until the preceding
one has been inspected and approved. If there are deficiencies in
any phase, the Township Engineer shall issue a written description
of the required corrections and stipulate the time by which they must
be made.
C.
If, during construction, the contractor or permittee identifies any
site conditions, such as subsurface soil conditions or alterations
in surface or subsurface drainage, which could affect the feasibility
or approved operating requirements of the approved stormwater facilities,
he must notify the Township Engineer within 24 hours of the discovery
of such condition and request a field inspection. The Township Engineer
shall determine if the condition requires a stormwater plan modification.
D.
In cases where stormwater facilities are to be installed in areas
of landslide-prone soils or other special site conditions exist, the
Township may require special precautions, such as soil tests and core
borings, full-time resident inspectors, and/or similar measures. All
costs of any such measures shall be borne by the permittee.
A.
The Township and the Municipal Engineer or his designee shall inspect
all phases of the installation of the permanent BMPs and/or stormwater
management facilities as deemed appropriate by the Township and Township
Engineer.
B.
During any stage of the work, if the Township representative, or
Municipal Engineer or his municipal designee determines that the permanent
BMPs and/or stormwater management facilities are not being installed
in accordance with the approved stormwater management plan, the municipality
shall revoke any existing permits or other approvals and issue a cease-and-desist
order until a revised drainage plan is submitted and approved, as
specified in this chapter, and until the deficiencies are corrected.
C.
A final inspection of all BMPs and/or stormwater management facilities
shall be conducted by the Municipal Engineer or his municipal designee
to confirm compliance with the approved drainage plan prior to the
issuance of any occupancy permit.
Fees shall be established by the municipality to defray administrative costs, and Township staff review and inspection costs incurred by the municipality. These fees are separate from review and inspection fees in Chapter 390, Subdivision and Land Development. All fees shall be paid by the applicant at the time of the stormwater management plan or drainage plan submission. A review and inspection fee schedule shall be established by resolution of the municipality based on the size of the regulated activity and based on the municipality's costs for reviewing drainage plans and conducting inspections pursuant to § 372-25. The municipality shall periodically update the review and inspection fee schedule to ensure that review costs are adequately reimbursed.
The fees required by this chapter shall, at a minimum, cover:
A.
Administrative costs.
B.
The administrative costs related to review of the drainage plans
by the municipality officials and staff.
C.
The administrative costs related to site inspections.
D.
The administrative costs related to inspection by the Township of
stormwater management facilities and drainage improvements during
construction.
E.
The administrative costs related to final inspection upon completion
of the stormwater management facilities and drainage improvements
presented in the drainage plan.
F.
Any additional work required to enforce any permit provisions regulated
by this chapter, correct violations, and assure proper completion
of stipulated remedial actions.
G.
Public Stormwater Protection Awareness Programs and Compliance Programs
for compliance with stormwater regulations, including GIS mapping
and maps, newspaper ads, pamphlets, leaflets, etc., deemed as appropriate
by the Township supervisors. Public Stormwater Protection Awareness
Programs will be as defined by the Township Supervisors.
A.
No regulated earth disturbance activities within the municipality
shall commence until approval by the municipality of a stormwater
control and BMP operations and maintenance plan that describes how
the permanent (e.g., post-construction) stormwater controls and BMPs
will be properly operated and maintained.
B.
The following items shall be included in the stormwater control and
BMP operations and maintenance plan:
(1)
Map(s) of the project area, in a form that meets the requirements
for recording at the offices of the Recorder of Deeds of Washington
County, shall be submitted on twenty-four-inch by thirty-six-inch
sheets. The contents of the maps(s) shall include, but not be limited
to:
(a)
Clear identification of the location and nature of permanent
stormwater controls and BMPs;
(b)
The location of the project site relative to highways, municipal
boundaries, or other identifiable landmarks;
(c)
Existing and final contours at intervals of two feet, or others
as appropriate;
(d)
Existing streams, lakes, ponds, or other bodies of water within
the project site area;
(e)
Other physical features, including flood hazard boundaries,
sinkholes, streams, existing drainage courses, and areas of natural
vegetation to be preserved;
(f)
The locations of all existing and proposed utilities, sanitary
sewers, water wells, and water lines within the project parcel and
to within 50 feet of property lines of the project site;
(g)
Proposed final changes to the land surface and vegetative cover,
including the type and amount of impervious area that would be added;
(h)
Proposed final structures, roads, paved areas, and buildings;
and
(i)
A fifteen-foot-wide access easement around all stormwater controls
and BMPs that would provide ingress to and egress from a public road
right-of-way.
(2)
A description of how each permanent stormwater control and BMP will
be operated and maintained, and the identity and contact information
associated with the person(s) responsible for operations and maintenance;
(3)
The name of the project site, the name and address of the owner of
the property, and the name of the individual or firm preparing the
plan; and
(4)
A statement, signed by the landowner, acknowledging that the stormwater
controls and BMPs are fixtures that can be altered or removed only
after approval by the municipality.
C.
The stormwater control and BMP operations and maintenance plan for
the project site shall establish responsibilities for the continuing
operation and maintenance of all permanent stormwater controls and
BMPs as follows:
(1)
If a plan includes structures or lots which are to be separately
owned and in which streets, sewers, and other public improvements
are to be dedicated to the municipality, stormwater controls and BMPs
may also be dedicated to and maintained by the municipality;
(2)
If a plan includes operations and maintenance by a single ownership
or if sewers and other public improvements are to be privately owned
and maintained, then the operation and maintenance of stormwater controls
and BMPs shall be the responsibility of the owner or private management
entity.
D.
The municipality shall make the final determination on the continuing
operations and maintenance responsibilities. The municipality reserves
the right to accept or reject the operations and maintenance responsibility
for any or all of the stormwater controls and BMPs.
A.
The municipality shall review the stormwater control and BMP operations
and maintenance plan for consistency with the purposes and requirements
of this chapter and any permits issued by DEP.
B.
The municipality shall notify the applicant, in writing, whether
or not the stormwater control and BMP operations and maintenance plan
is approved.
C.
The municipality may require a record drawing of all stormwater controls
and BMPs and an explanation of any discrepancies with the operations
and maintenance plan.
D.
In cases where stormwater facilities are to be installed in areas
of landslide-prone soils or other special site conditions exist, the
Township may require special precautions, such as soil tests and core
borings, full-time resident inspectors, and/or similar measures. All
costs of any such measures shall be borne by the permittee.
A.
It shall be unlawful to alter or remove any permanent stormwater
control and BMP required by an approved stormwater control and BMP
operations and maintenance plan or to allow the property to remain
in a condition which does not conform to an approved stormwater control
and BMP operations and maintenance plan.
A.
The applicant shall sign an operations and maintenance agreement
with the municipality covering all stormwater controls and BMPs that
are to be privately owned. The maintenance agreement shall be transferred
with transfer of ownership. The agreement shall be substantially the
same as the agreement in Appendix F of this chapter.[1]
[1]
Editor's Note: Appendix F is on file in the Township offices.
B.
Other items may be included in the agreement where determined necessary
to guarantee the satisfactory operation and maintenance of all permanent
stormwater controls and BMPs. The agreement shall be subject to the
review and approval of the municipality.
A.
Stormwater management easements are required for all areas used for
off-site stormwater control, unless a waiver is granted by the Municipal
Engineer.
B.
Stormwater management easements shall be provided by the applicant
or property owner if necessary for access for inspections and maintenance
or the preservation of stormwater runoff conveyance, infiltration,
and detention areas and other stormwater controls and BMPs by persons
other than the property owner. The purpose of the easement shall be
specified in any agreement under this section.
A.
Prior to final approval of the site's drainage plan, the applicant
shall sign and record the maintenance agreement contained in Appendix
E[1] which is attached and made part hereof covering all stormwater
control facilities that are to be privately owned.
[1]
Editor's Note: Appendix E is on file in the Township offices.
B.
Other items may be included in the agreement where determined necessary
to guarantee the satisfactory maintenance of all facilities. The maintenance
agreement shall be subject to the review and approval of the Municipal
Solicitor and governing body.
A.
For subdivisions and land developments the applicant shall provide
a financial guarantee to the municipality for the timely installation
and proper construction of all stormwater management controls as:
(1)
Required by the approved stormwater management plan equal to or greater
than the full construction cost of the required controls. The construction
costs shall be estimated by the developer's consultant or an
actual contractor's proposal, and only as approved by the Township
Engineer. The amount of the security shall provide 110% of the construction
estimated costs.
A.
The owner of any land upon which permanent stormwater controls and
BMPs will be placed, constructed, or implemented, as described in
the stormwater control and BMP operations and maintenance plan, shall
record the following documents in the office of the Recorder of Deeds
for Washington County within 15 days of approval of the stormwater
control and BMP operations and maintenance plan by the municipality:
B.
The municipality may suspend or revoke any approvals granted for
the project site upon discovery of failure on the part of the owner
to comply with this section.
A.
Persons installing stormwater storage facilities shall be required
to pay a specified amount to the Municipal Stormwater Maintenance
Fund to help defray costs of periodic inspections and maintenance
expenses. The amount of the deposit shall be determined as follows:
(1)
If the storage facility is to be privately owned and maintained,
the deposit shall cover the cost of periodic inspections and maintenance
performed by the municipality for a period of five years, as estimated
by the Township Engineer. After that period of time, inspections will
be performed at the expense of the municipality.
(2)
If the storage facility is to be owned and maintained by the municipality,
the deposit shall cover the estimated costs for maintenance and inspections
for five years. The Township Engineer will establish the estimated
costs utilizing information submitted by the applicant.
(3)
The amount of the deposit to the fund shall be converted to present
worth of the annual series values. The Township Engineer shall determine
the present worth equivalents which shall be subject to the approval
of the Board of Supervisors.
B.
If a storage facility is proposed that also serves as a recreation
facility (e.g., ballfield, lake), the Township may reduce or waive
the amount of the Maintenance Fund deposit based upon the value of
the land for public recreation purposes.
C.
If a storage facility (whether publicly or privately owned) is eliminated
due to the installation of storm sewers or other storage facilities,
the unused portion of the Maintenance Fund deposit will not be refunded
to the applicant, but remain for use in maintenance of other facilities
for stormwater used in the Township. If a storage facility (whether
publicly or privately owned) is eliminated within five years of acceptance
for use, the unused portion shall be applied to the cost of abandoning
the facility and connecting to the storm sewer system or other facility.
Any amount of the deposit remaining after the costs of abandonment
shall be used for improvements or upgrades to the Township's
stormwater facilities, but shall not be refunded to the applicant.
D.
If the facility is not eliminated after five years, the remaining
amount of fees in the fund shall be used for improvements or upgrades
to the Township's stormwater facilities, or the Township Stormwater
Compliance and Public Awareness Program, but shall not be refunded
to the applicant. If the Township adopts a stormwater utility or user
rate in the future, the availability of this fee to be added to the
general revenue will be considered by the Township Supervisors at
that time.
A.
No person in the municipality shall allow, or cause to allow, stormwater discharges into the municipality's separate storm sewer system which are not composed entirely of stormwater, except 1) as provided in Subsection B below, and 2) discharges allowed under a state or federal permit.
B.
Discharges that may be allowed based on a finding by the municipality
that the discharge(s) do not significantly contribute to pollution
to surface waters of the commonwealth are:
(1)
Discharges from firefighting activities.
(2)
Uncontaminated water from foundation or from footing drains.
(3)
Potable water sources, including dechlorinated water line and fire
hydrant flushing.
(4)
Flows from riparian habitats and wetlands.
(5)
Lawn watering.
(6)
Irrigation drainage.
(7)
Pavement wash waters, where spills or routine external building wash
down does not use detergents or other compounds.
(8)
Air-conditioning condensate, where leaks of toxic or hazardous materials
have not occurred (unless all spill material has been removed) and
where detergents are not used.
(9)
Water from individual residential car washing.
(10)
Dechlorinated swimming pool discharges.
(11)
Spring water from crawl space pumps.
(12)
Uncontaminated groundwater.
C.
In the event that the municipality determines that any of the discharges identified in Subsection B significantly contribute to pollution of waters of the commonwealth, or is so notified by DEP, the municipality will notify the responsible person to cease the discharge.
D.
Upon notice provided by the municipality under Subsection C, the discharger will have a reasonable time, as determined by the municipality, to cease the discharge consistent with the degree of pollution caused by the discharge.
E.
Nothing in this section shall affect a discharger's responsibilities
under state law.
A.
The following connections are prohibited, except as provided in § 372-37B above:
(1)
Any drain or conveyance, whether on the surface or subsurface, which
allows any nonstormwater discharge including sewage, process wastewater,
and wash water to enter the separate storm sewer system and any connections
to the storm drain system from indoor drains and sinks; and
(2)
Any drain or conveyance connected from a commercial or industrial
land use to the separate storm sewer system which has not been documented
in plans, maps, or equivalent records and approved by the municipality.
A.
Development is encouraged to avoid roof drains connected to streets,
sanitary or storm sewers, or roadside ditches, in order to promote
overland flow with infiltration/percolation of stormwater where advantageous
to do so.
B.
When it is more advantageous to connect directly to streets or storm
sewers, connections of roof drains to streets or roadside ditches
may be permitted on a case-by-case basis as determined by the municipality,
as based on the review and recommendations of the Township Engineer,
after review of the initial plan.
C.
Roof drains shall discharge to infiltration areas or vegetative BMPs
to the maximum extent practicable.
A.
No person shall modify, remove, fill, landscape, or alter any existing
stormwater control or BMP unless it is part of an approved maintenance
program without the written approval of the municipality.
B.
No person shall place any structure, fill, landscaping, or vegetation
into a stormwater control or BMP or within a drainage easement which
would limit or alter the functioning of the stormwater control or
BMP without the written approval of the municipality.
A.
Upon presentation of proper credentials, duly authorized representatives
of the municipality may enter at reasonable times upon any property
within the municipality to inspect the implementation, condition,
or operation and maintenance of the stormwater controls or BMPs in
regard to any aspect governed by this chapter.
B.
Stormwater control and BMP owners and operators shall allow persons
working on behalf of the municipality ready access to all parts of
the premises for the purposes of determining compliance with this
chapter.
C.
Persons working on behalf of the municipality shall have the right
to temporarily locate on any stormwater control or BMP in the municipality
such devices as are necessary to conduct monitoring and/or sampling
of the discharges from such stormwater control or BMP.
D.
Unreasonable delays in allowing the municipality access to a stormwater
control or BMP is a violation of this chapter.
E.
The Township will be liable, upon valid proof or court ruling, for
any damage caused in the exercise of right of entry.
A.
Whenever the municipality finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, the municipality
may order compliance by written notice to the responsible person.
Such notice may, without limitation, require the following remedies:
(1)
Performance of monitoring, analyses, and reporting;
(2)
Elimination of prohibited connections or discharges;
(3)
Cessation of any violating discharges, practices, or operations;
(4)
Abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(5)
Payment of a fine to cover administrative and remediation costs;
(6)
Implementation of stormwater controls and BMPs; and
(7)
Operation and maintenance of stormwater controls and BMPs.
B.
Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of these violations(s).
Said notice may further advise that, if applicable, should the violator
fail to take the required action within the established deadline,
the work will be done by the municipality or designee, and the expense
thereof shall be charged to the violator.
C.
Failure to comply within the time specified shall also subject such
person to the penalty provisions of this chapter. All such penalties
shall be deemed cumulative and shall not prevent the municipality
from pursuing any and all other remedies available in law or equity.
A.
Any building, land development, or other permit or approval issued
by the municipality may be suspended or revoked by the municipality
for:
(1)
Noncompliance with or failure to implement any provision of the permit;
(2)
A violation of any provision of this chapter; or
(3)
The creation of any condition or the commission of any act, during
construction or development, which constitutes or creates a hazard
or nuisance, pollution, or which endangers the life, health, or property
of others.
B.
A suspended permit or approval shall be reinstated by the municipality
when:
C.
A permit or approval that has been revoked by the municipality cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in this chapter.
A.
Any person violating the provisions of this chapter shall be subject
to a fine of not less than $100 nor more than $1000 for each violation,
recoverable with costs. Each day that the violation continues shall
constitute a separate offense and the applicable fines are cumulative.
B.
In addition, the municipality, through its Solicitor, may institute
injunctive, mandamus, or any other appropriate action or proceeding
at law or in equity for the enforcement of this chapter. 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.
In the event that a person fails to comply with the requirements
of this chapter or fails to conform to the requirements of any permit
issued hereunder, the municipality shall provide written notification
of the violation. Such notification shall state the nature of the
violation(s) and establish a time limit for correction of these violation(s).
Failure to comply within the time specified shall subject such person
to the penalty provisions of this chapter. All such penalties shall
be deemed cumulative and shall not prevent the municipality from pursuing
any and all remedies. It shall be the responsibility of the owner
of the real property on which any regulated activity is proposed to
occur, is occurring, or has occurred to comply with the terms and
conditions of this chapter.
The municipal governing body is hereby authorized and directed
to enforce all of the provisions of this chapter. All inspections
regarding compliance with the stormwater management plan shall be
the responsibility of the Municipal Engineer or other qualified persons
designated by the municipality.
A.
A set of design plans approved by the municipality shall be on file
at the site throughout the duration of the construction activity.
Periodic inspections may be made by the municipality or designee during
construction.
B.
It shall be unlawful for any person, firm, or corporation to undertake any regulated activity under § 372-4 on any property, except as provided for in the approved drainage plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved drainage plan.
C.
The performance guarantee will be provided to the applicant at the
completion of the project and after completion of the following elements:
(1)
Applicant shall provide a certification of completion from an engineer,
architect, surveyor, or other qualified person verifying that all
permanent facilities have been constructed according to the plans
and specifications and approved revisions thereto.
(2)
Provide a set of as-built (record) drawings.
D.
After receipt of the certification by the municipality, a final inspection
shall be conducted by the Township Engineer or designated representative
to certify compliance with this chapter.
E.
Prior to revocation or suspension of a permit and at the request
of the applicant, the governing body will schedule a hearing to discuss
the noncompliance if there is no immediate danger to life, public
health, or property. The expense of a hearing shall be the applicant's
responsibility.
F.
Occupancy permit. An occupancy permit shall not be issued unless
the certification of completion pursuant has been secured. The occupancy
permit shall be required for each lot owner and/or applicant for all
subdivisions and land developments in the municipality.
A.
Any person aggrieved by any action of the North Franklin Township
or its designee may appeal to the North Franklin Township Board of
Supervisors within 30 days of that action.
B.
Any person aggrieved by any decision of the North Franklin Township
Board of Supervisors may appeal to the County Court of Common Pleas
in the county where the activity has taken place within 30 days of
the municipal decision.
A.
Neither the granting of any approval under the stormwater management
provisions of this chapter, nor the compliance with the provisions
of this chapter, or with any condition imposed by a Township 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 Township for damages to
persons or property.
B.
The granting of a permit which includes any stormwater management
facilities shall not constitute a representation, guarantee or warranty
of any kind by the Township, or by an official or employee thereof,
of the practicability or safety of any structure, use or other plan
proposed, and shall create no liability upon or cause of action against
such public body, official or employee for any damage that may result
pursuant thereto.
A.
All ordinances or parts of ordinances insofar as they conflict with
this chapter are hereby repealed.
The provisions of this chapter are severable, and if any of
its provisions or any part of any provision shall be held unconstitutional,
the decision of the court shall not affect or impair any of the remaining
provisions. It is hereby declared to be the intent of the Board of
Supervisors that this chapter would have been enacted had such unconstitutional
provisions or parts thereof not been included herein.
