[Ord. No. 3-2011, 3/8/2011]
1. 
For all regulated activities, submission of the stormwater management permit application provided in Part Appendix B[1] is required.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
2. 
For all regulated activities, unless preparation of an SWM site plan is specifically exempted in § 26-112:
A. 
Preparation and implementation of an approved SWM site plan is required.
B. 
No regulated activities shall commence until the municipality issues written approval of an SWM site plan which demonstrates compliance with the requirements of this Part.
3. 
SWM site plans approved by the municipality, in accordance with § 26-120, shall be on site throughout the duration of the regulated activity.
4. 
The municipality may, after consultation with DEP, approve measures for meeting the state water quality requirements other than those in this Part, provided that they meet the minimum requirements of, and do not conflict with, state law, including, but not limited to, the Clean Streams Law.[2]
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
5. 
For all regulated earth disturbance activities, erosion and sediment control BMPs shall be designed, implemented, operated, and maintained during the regulated earth disturbance activities (e.g., during construction) to meet the purposes and requirements of this Part and to meet all requirements under Title 25 of the Pennsylvania Code and the Clean Streams Law. Various BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual (E&S Manual)§ 26-133, Subsection 2, No. 363-2134-008 (April 15, 2000), as amended and updated.
6. 
For all regulated activities, implementation of the volume controls in § 26-113 is required, unless otherwise exempted by § 26-112.
7. 
Impervious Areas:
A. 
The measurement of impervious areas shall include all of the impervious areas in the total proposed development even if development is to take place in stages.
B. 
For development taking place in stages, the entire development plan must be used in determining conformance with this Part.
C. 
For projects that add impervious area to a parcel, only the proposed impervious area on the parcel must be considered and summed to determine the plan preparation and approval requirements of this Part.
D. 
For redevelopment projects in which the existing site is disturbed, the entire proposed site is subject to the plan preparation and approval requirements of this Part. Existing conditions are considered to be the existing site prior to disturbance, and 20% of the existing impervious area must be considered as meadow in good condition for all stormwater calculations. For redevelopment projects in which the existing site is already controlled by a stormwater management facility, the requirement to consider 20% of existing impervious area as meadow is waived, provided the existing facility meets the water quality, volume, and peak rate standards and criteria of this Part.
8. 
Stormwater flows onto adjacent property shall not be created, increased, decreased, relocated, or otherwise altered without written notification of the adjacent property owner(s). Such stormwater flows shall be subject to the requirements of this Part.
9. 
All regulated activities shall include measures to:
A. 
Protect health, safety, and property;
B. 
Meet the water quality goals of this Part by implementing measures outlined in the Pennsylvania Stormwater Best Management Practices Manual (BMP Manual)§ 26-133, Subsection 1 to:
(1) 
Minimize disturbance to floodplains, wetlands, and wooded areas.
(2) 
Maintain or extend riparian buffers.
(3) 
Avoid erosive flow conditions in natural flow pathways.
(4) 
Minimize thermal impacts to waters of this commonwealth.
(5) 
Disconnect impervious surfaces by directing runoff to pervious areas, wherever possible.
C. 
To the maximum extent practicable, incorporate the techniques for low-impact development practices described in the BMP Manual§ 26-133, Subsection 1.
10. 
The design of all facilities over karst and mined areas shall include an evaluation of measures to minimize adverse effects.
11. 
Infiltration BMPs should be spread out, made as shallow as practicable, and located to maximize use of natural on-site infiltration features while still meeting the other requirements of this Part.
12. 
Storage facilities, to the greatest extent possible and at the discretion of the municipality, shall completely drain both the volume control and rate control capacities over a period of time not less than 24 hours and not more than 72 hours from the end of the design storm.
13. 
Storage facilities shall incorporate features to maximize the length of the flow path and increase the travel time through the facility.
14. 
The design storm volumes to be used in the analysis of peak rates of discharge should be obtained from the Precipitation-Frequency Atlas of the United States, Atlas 14, Volume 2, Version 3.0, U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), National Weather Service, Hydrometeorological Design Studies Center, Silver Spring, Maryland. NOAA's Atlas 14 can be accessed at: http://hdsc.nws.noaa.gov/hdsc/pfds/.§ 26-133, Subsection 5
15. 
For all regulated activities, SWM BMPs shall be designed, implemented, operated, and maintained to meet the purposes and requirements of this Part and to meet all requirements under Title 25 of the Pennsylvania Code, the Clean Streams Law,[3] and the Storm Water Management Act.[4]
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
[4]
Editor's Note: See 32 P.S. § 680.1 et seq.
16. 
Various BMPs and their design standards are listed in the BMP Manual§ 26-133, Subsection 1.
[Ord. No. 3-2011, 3/8/2011]
1. 
Regulated activities that create impervious areas or earth disturbance shall adhere to Table III.1 to meet the requirements of this Part. The larger of the two areas determines the applicable requirements of this Part (i.e., if only 500 square feet of impervious area is proposed, but 15,000 square feet of earth disturbance, the requirements follow Row 3 of Table III.1).
Table III.1. Stormwater Management Requirements and Exemptions.
Proposed Impervious Area
(sq. ft.)
Proposed Total Earth Disturbance
(sq. ft.)
Part Exemptions
Stormwater Management Requirements
What Is Required to Submit to Municipality?
<1,000
<5,000
N/A
N/A
N/A
1,000 to 5,000
5,000 to 10,000
Sections 26-113, 26-114, and Subpart D of this Part
Disconnected impervious area (DIA) as in Appendix C.1
or
Capture and control first 1 inch of runoff over proposed impervious areas as in Appendix E
Appendix C.1 worksheet and sketch (or equivalent)
or
Appendix E worksheet and sketch (or equivalent)
5,000 to 10,000
10,000 to 20,000
Section 26-114 and Subpart D of this Part
Capture and permanently remove the first 2 inches of runoff over proposed impervious areas as in § 26-113, Subsection 1B, of this Part
Appendix D worksheet and sketch (or equivalent)
>10,000
>20,000
None
All requirements of this Part
SWM site plan
2. 
Agricultural activity is exempt from the rate control and SWM site plan preparation requirements of this Part, provided the activities are performed according to the requirements of 25 Pa. Code Ch. 102.
3. 
Forest management and timber operations are exempt from the rate control and SWM site plan preparation requirements of this Part provided the activities are performed according to the requirements of 25 Pa. Code Ch. 102.
4. 
Exemptions from any provisions of this Part shall not relieve the applicant from the requirements in § 26-111, Subsections 1 through 16.
5. 
The municipality may deny or revoke any exemption pursuant to this section at any time for any project that the municipality believes may pose a threat to public health, safety, property, or the environment.
[Ord. No. 3-2011, 3/8/2011]
1. 
The low-impact development practices provided in the BMP Manual§ 26-133, Subsection 1 shall be utilized for all regulated activities to the maximum extent practicable. Water volume controls shall be implemented using the Design Storm Method in Subsection 1A or the Simplified Method in Subsection 1B below. For all regulated activities that require submission of a formal SWM site plan, both the Design Storm Method and the Simplified Method shall be calculated; the larger control volume based on the two calculations shall be controlled. Subsection 1C below provides requirements for mined, karst, or other geologically limiting areas where infiltration shall not occur.
A. 
The Design Storm Method (CG-1 in the BMP Manual§ 26-133, Subsection 1) is applicable to any size of regulated activity. This method requires detailed modeling based on site conditions.
(1) 
Do not increase the post-development total runoff volume for all storms equal to or less than the two-year, twenty-four-hour duration precipitation.
(2) 
For modeling purposes:
(a) 
Existing (predevelopment) nonforested pervious areas must be considered meadow or its equivalent.
(b) 
Twenty percent of existing impervious area, when present, shall be considered meadow in the model for existing conditions.
B. 
When Design Storm Method CG-1 guidelines are not used, the Simplified Method (CG-2 in the BMP Manual§ 26-133, Subsection 1) has been modified to accommodate two inches of permanently removed runoff volume. This method (provided below) is independent of site conditions and should be used if the Design Storm Method is not followed. For new impervious surfaces:
(1) 
The first two inches of runoff from new impervious surfaces shall be permanently removed from the runoff flow (i.e., it shall not be released into the surface waters of this commonwealth). Removal options include reuse, evaporation, transpiration, and infiltration.
(2) 
Wherever possible, infiltration facilities should be designed to accommodate infiltration of the entire permanently removed runoff; however, in all cases, at least the first 0.5 inch of the permanently removed runoff should be infiltrated.
(3) 
Facilities, to the greatest extent possible and subject to the municipality's discretion, shall be designed to drain the permanently removed runoff volume in a period no less than 24 hours and no greater than 72 hours from the end of the design storm.
(4) 
Runoff volume in excess of two inches shall be safely conveyed to existing stormwater collection systems or streams, in the direction of the existing drainagecourse.
(5) 
This method is exempt from the requirements of § 26-114, Rate Controls.
C. 
Before infiltration is proposed on a site, site conditions shall be evaluated by a qualified design professional through subsurface investigation and testing to determine if site conditions are suitable to support proposed infiltration facilities to manage runoff. If it is determined that infiltration is not feasible due to physical constraints of the site, or will adversely impact the environment as demonstrated by the presence of acid mine drainage, sinkhole formation, or other serious environmental issues, then the above volume controls must be achieved through surface BMP mitigation. Reference the BMP Manual§ 26-133, Subsection 1 for alternative mitigation measures that do not require infiltration.
[Ord. No. 3-2011, 3/8/2011]
1. 
Areas not covered by a Stormwater Management District Map contained in Appendix F.1 of the Part:[1]
A. 
Post-development discharge rates shall not exceed the predevelopment discharge rates for the one- through 100-year, twenty-four-hour storms. If it is shown that the peak rates of discharge indicated by the post-development analysis are less than or equal to the peak rates of discharge indicated by the predevelopment analysis for one- through 100-year, twenty-four-hour storms, then the requirements of this section have been met. Otherwise, the applicant shall provide additional controls as necessary to satisfy the peak rate of discharge requirement.
[1]
Editor's Note: Appendix F.1 is included as an attachment to this chapter.
2. 
Areas covered by a Stormwater Management District Map contained in Appendix F.1 of the Ordinance:
A. 
For the one- through 100-year storms, the post-development peak discharge rates will follow the applicable approved Stormwater Management District Maps. For any areas not shown on the Stormwater Management District Maps, the post-development discharge rates shall not exceed the predevelopment discharge rates.
3. 
Areas designated as District B-2, Nescopeck Creek Watershed, only.
A. 
If a mine reclamation project is proposed, the post-development discharge rates shall not exceed the predevelopment discharge rates for the one-, two-, five-, ten-, twenty-five-, fifty-, and 100-year storms. Predevelopment land cover conditions shall be considered forest in good condition.
B. 
Proposed land development projects shall apply the 60% release rate criterion for the one-, two-, five-, ten-, twenty-five-, fifty-, and 100-year storms. This applies to all sites, including those that have been previously reclaimed. Predevelopment land cover conditions shall be considered forest in good condition.
4. 
Special Detention Area, Hicks Creek Watershed only (Note: This is not applicable to Sugarloaf Township).
A. 
Any regulated activity being conducted in the Hicks Creek Watershed shall retain runoff from the site of the regulated activity for the one- through 100-year, twenty-four-hour storms. Site generated runoff shall be stored in a detention facility designed to store the total 100-year, twenty-four-hour volume discharging from the project site. Undisturbed areas that discharge through the project site may bypass the detention facility.
B. 
The detention volume shall be released when conditions in the watershed permit, water levels in the Hicks Creek have subsided, the flap gate discharging the Hicks Creek to the Susquehanna River is open, and the Susquehanna River water elevations are receding.
C. 
Options for release are subject to the municipality's discretion and include but are not limited to:
(1) 
Manually operated valve structure.
(2) 
Other structures which operate to dictate release based on downstream conditions.
D. 
Detention facilities shall be lined to prevent infiltration.