A.
Applicants proposing regulated activities in the Neshaminy Creek Watershed that do not fall under the exemption criteria shown in § 148-6 shall submit a stormwater management (SWM) site plan consistent with the Neshaminy Creek Watershed SWM plan to the municipality for review. The SWM criteria of this chapter shall apply to the total proposed development even if development is to take place in stages. Preparation and implementation of an approved SWM site plan is required. No regulated activities shall commence until the municipality issues written approval of a SWM site plan, which demonstrates compliance with the requirements of this chapter.
B.
SWM site plans approved by the municipality, in accordance with Article IV, shall be on-site throughout the duration of the regulated activity.
C.
The municipality may, after consultation with the Department of Environmental Protection (PADEP), 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]
D.
For all regulated earth-disturbance activities, erosion and sediment (E&S) control best management practices (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, No. 363-2134-008 (April 15, 2000), as amended and updated.
E.
For all regulated activities, implementation of the volume controls in § 148-16 of this chapter is required.
F.
Impervious areas:
(1)
The measurement of impervious areas shall include all of the impervious areas in the total proposed development even if development is to take place in stages.
(2)
For development taking place in stages, the entire development plan must be used in determining conformance with this chapter.
(3)
For projects that add impervious area to a parcel, the total impervious area on the parcel is subject to the requirements of this chapter, except that the volume controls in § 148-16 and the peak rate controls of § 148-17 do not need to be retrofitted to existing impervious areas that are not being altered by the proposed regulated activity.
G.
Stormwater flows onto adjacent property shall not be created, increased, decreased, relocated, or otherwise altered without written notification of the adjacent property owner(s) from the developer. Such stormwater flows shall be subject to the requirements of this chapter.
H.
All regulated activities shall include such measures as necessary to:
(1)
Protect health, safety, and property;
(2)
Meet the water quality goals of this chapter by implementing measures to:
(a)
Minimize disturbance to floodplains, wetlands, and wooded areas.
(b)
Create, maintain, repair or extend riparian buffers.
(c)
Avoid erosive flow conditions in natural flow pathways.
(d)
Minimize thermal impacts to waters of this commonwealth.
(e)
Disconnect impervious surfaces [i.e., disconnected impervious areas (DIAs)] by directing runoff to pervious areas, wherever possible. See Appendix F[3] for detail on DIAs.
[3]
Editor's Note: Appendix F is included as an attachment to this chapter.
(3)
To the maximum extent practicable, incorporate the techniques for low-impact development practices (e.g., protecting existing trees, reducing area of impervious surface, cluster development, and protecting open space) described in the Pennsylvania Stormwater Best Management Practices Manual, Pennsylvania Department of Environmental Protection (PADEP) No. 363-0300-002 (2006) if methods other than green infrastructure and LID methods are proposed to achieve the volume and rate controls required under this chapter, the SWM site plan must include a detailed justification demonstrating that the use of LID and green infrastructure is not practicable. See Ordinance Appendix E[4] for a summary description.
[4]
Editor's Note: Appendix E is included as an attachment to this chapter.
I.
Infiltration BMPs should be spread out, made as shallow as practicable, and located to maximize the use of natural on-site infiltration features while still meeting the other requirements of this chapter.
J.
The design of all facilities over karst shall include an evaluation of measures to minimize the risk of adverse effects.
K.
Normally dry, open-top, storage facilities should completely drain both the volume control and rate control capacities over a period of time not less than 24 hours and not more than 72 hours from the end of the design storm.
L.
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/
M.
N.
Various BMPs and their design standards are listed in the Pennsylvania Stormwater Best Management Practices Manual (Pennsylvania BMP Manual).