[Ord. No. 10-2022, 7/20/2022]
1.
For all regulated activities, unless preparation of an SWM site plan is specifically exempted in § 19-302:
2.
SWM site plans approved by the municipality, in accordance with § 19-406, shall be on site throughout the duration of the regulated activity.
3.
The municipality may, after consultation with DEP, approve measures for meeting the state water quality requirements other than those in this chapter, provided that they meet the minimum requirements of, and do not conflict with, state law including, but not limited to, the Clean Streams Law.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
4.
Erosion and Sediment Controls.
A.
For all regulated earth disturbance activities, erosion and sediment control BMPs shall be designed, implemented, operated, and maintained during the regulated earth disturbance activities (e.g., during construction) to meet the purposes and requirements of this chapter and to meet all requirements under Title 25 of the Pennsylvania Code and the Clean Streams Law.[2] Various BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual (E&S Manual3),[3] No. 363-2134-008, as amended and updated.
B.
No regulated earth disturbance activities within the Borough shall commence until approval by the Borough of an erosion and sediment control plan for construction activities. Evidence of any necessary permit(s) for regulated earth disturbance activities from the DEP or Montgomery County Conservation District must be provided to the Borough prior to commencement of the regulated earth disturbance activities.
C.
The 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). The applicant is required to meet these regulations. In addition, under 25 Pa. Code Chapter 92,[4] a DEP "NPDES Construction Activities" permit is required for any earth disturbance one acre or more with a point source discharge to surface waters or the Borough's storm sewer system, or five acres or more regardless of the planned runoff. This includes earth disturbance on any portion of, part of or during any stage of, a larger common plan of development.
[4]
Editor's Note: Chapter 92 of Title 25 of the Pennsylvania Code was reserved 10-8-2010, effective 10-9-2010. It was replaced by Chapter 92a, National Pollutant Discharge Elimination System (NPDES) Permitting, Monitoring and Compliance.
D.
A copy of the erosion and sediment control plan and any required permit from the DEP or Montgomery County Conservation District shall be available at the project site at all times.
5.
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 chapter.
C.
For projects that add impervious area to a parcel, the total impervious area on the parcel is subject to the requirements of this chapter; except that the volume controls in § 19-303 and the peak rate controls of § 19-304 do not need to be retrofitted to existing impervious areas that are not being altered by the proposed regulated activity.
D.
The date of the municipal adoption of this chapter shall be the starting point from which to consider tracts as "parent tracts" in which future subdivisions and respective impervious area computations shall be cumulatively considered.
6.
Stormwater flows onto adjacent property shall not be created, increased, decreased, relocated, or otherwise altered without written approval of the impacted adjacent property owner(s). Such stormwater flows shall be subject to the requirements of this chapter.
7.
All regulated activities shall include such measures as necessary to:
A.
Protect health, safety, and property.
B.
Meet the water quality goals of this chapter by implementing measures 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, physical, chemical, and biological impacts to waters of this commonwealth.
(5)
Disconnect impervious surfaces by directing runoff to pervious areas, wherever possible.
(6)
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.
8.
The design of all facilities over karst shall include an evaluation of measures to minimize adverse effects.
9.
Infiltration BMPs should be spread out, made as shallow as practicable, and located to maximize use of natural on-site infiltration features while still meeting the other requirements of this chapter.
10.
Normally dry, open top, storage facilities 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.
11.
The design storm volumes to be used in the analysis of peak rates of discharge shall be obtained from the latest version of the Precipitation-Frequency Atlas of the United States, National Oceanic and Atmospheric Administration (NOAA), National Weather Service, Hydrometeorological Design Studies Center, Silver Spring Maryland. NOAA's Atlas 145[6] can be accessed at http://hdsc.nws.noaa.gov/hdsc/pfds/.
[6]
Editor's Note: See Part 9, References.