A. 
For all regulated activities, unless preparation of an SWM site plan is specifically exempted in § 200-15:
(1) 
Preparation and implementation of an approved SWM site plan is required.
(2) 
No regulated activities shall commence until the Borough issues written approval of an SWM site plan which demonstrates compliance with the requirements of this chapter.
B. 
SWM site plans approved by the Borough, in accordance with § 200-26, shall be on site throughout the duration of the regulated activity.
C. 
Where the Borough is proposing approval of a regulated activity that incorporates measures designed to satisfy state water quality requirements beyond those set forth in this chapter, the Borough will consult with DEP by sending the application and its proposed recommendation to DEP for review and waiting 15 business days for a response. If after 15 days of notification there is no response from DEP, the Borough may take action with the acknowledgment that DEP has not responded and that the property owner may proceed at their own risk. The Borough shall maintain a record of correspondence with DEP pursuant to this subsection.
D. 
For all regulated earth disturbance activities, erosion and sediment control BMPs shall be designed, implemented, operated, and maintained during the regulated earth disturbance activities, i.e., 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.[1] Various BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual (E&S Manual) 2, No. 363-2134-008 (April 15, 2000), as amended and updated.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
E. 
For all regulated activities, implementation of the volume controls in § 200-16 is required, unless specifically exempted under § 200-14C or 200-15A or exempted by an approved modification request as specified in § 200-23B of this chapter.
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 phases.
(2) 
For development taking place in phases, 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 § 200-16 and the peak rate controls of § 200-17 do not need to be retrofitted to existing impervious areas that are not being altered by the proposed regulated activity. An existing impervious area is considered to be altered when it is physically changed by the proposed regulated activity, except that maintenance work of an existing impervious surface (i.e., repaving, reroofing, etc.) shall not be considered alteration.
G. 
Stormwater flows onto adjacent property shall not be created, or materially increased, decreased, relocated, or otherwise altered without written notification to the adjacent property owner(s). A copy of such notice shall be provided to the Borough prior to issuance of the stormwater management permit. 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, as stated in § 200-3, by implementing measures to:
(a) 
Minimize disturbance to floodplains, wetlands, wooded areas, and existing vegetation.
(b) 
Maintain or extend riparian buffers.
(c) 
Avoid erosive flow conditions in natural flow pathways.
(d) 
Minimize thermal impacts to waters of this commonwealth.
(e) 
Disconnect impervious surfaces by directing runoff to pervious areas, wherever possible.
(f) 
Minimize soil disturbance and compaction. Topsoil, if removed, shall be replaced to a minimum depth equal to its depth prior to removal or a four-inch minimum depth, whichever is greater. The applicant is not required to install greater than eight inches of topsoil unless required by the design and/or plant material.
(3) 
To the maximum extent practicable, incorporate the techniques for low-impact development (LID) practices described in the Pennsylvania Stormwater Best Management Practices Manual (BMP Manual). If methods other than green infrastructure and LID methods are proposed to achieve the volume and rate controls required under this chapter, the SWM site plan must include a detailed justification demonstrating that the use of LID and green infrastructure is not practicable.
I. 
The design of all facilities in areas of carbonate geology or karst topography shall include an evaluation of measures to minimize adverse effects, including hydro-geologic studies if required by the Borough.
J. 
Infiltration BMPs shall 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. In addition, infiltration BMPs shall include pretreatment BMPs where appropriate.
K. 
Normally dry, open-top storage facilities, designed as such, shall completely drain both the volume control and rate control capacities over a period of time not more than 96 hours from the end of the design storm. Infiltration facilities shall be designed to infiltrate in not less than 24 hours; however, any designed infiltration at such facilities is exempt from the minimum twenty-four-hour standard, i.e., may infiltrate in a shorter period of time, so long as none of the stormwater flowing into the infiltration facility is discharged directly into the surface waters of the commonwealth. (Inordinately rapid infiltration rates may indicate the presence of large fractures or other conditions for which an additional soil buffer may be required.)
L. 
The design storm volumes and precipitation intensities to be used in the analysis of discharge or runoff shall 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, in effect at the time of application. NOAA's Atlas 14 can be accessed at http://hdsc.nws.noaa.gov/hdsc/pfds/.
M. 
For all regulated activities, SWM BMPs shall be designed, implemented, operated, and maintained to meet the purposes and requirements of this chapter and to meet all requirements under Title 25 of the Pennsylvania Code, the Clean Streams Law,[2] and the Storm Water Management Act.[3]
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
[3]
Editor's Note: See 32 P.S. § 680.1 et seq.
N. 
Various BMPs and their design standards are listed in the BMP Manual, and new or improved practices not contained therein may be considered.
O. 
For any new development or redevelopment, to the maximum extent practicable, stormwater BMPs shall be utilized to reduce the discharge of nitrogen, phosphorus and sediment.
Any regulated activity that meets the following exemption criteria is exempt from the part(s) of this chapter as specified herein. However, the requirements of the chapter shall otherwise remain in effect. The criteria for exemption in this section apply to the total development proposed, including instances in which the development is proposed to take place in phases. The date of enactment of this chapter shall be the starting point from which future development and the respective proposed impervious surface computations shall be cumulatively considered and regulated. Exemption shall not relieve an applicant from implementing such measures as necessary to meet the intent of this chapter, or compliance with any NPDES permit requirements.
A. 
New impervious surface creation shall be based on impervious surfaces being created by past and present owners on the project site. New impervious surface created by owners of easements and rights-of-way located on the project site shall not be considered in the property owner's impervious surface calculation to determine exemption status.
B. 
Regulated activities that create impervious areas equal to or less than those set forth on Table 1 (cumulative) shall be exempt from the SWM site plan preparation requirements of this chapter, provided the activity will not adversely affect downstream property owners and will not cause erosion. The Borough reserves the right to have its designee make the determination of adverse effect after review of the stormwater permit application and review of the proposed site.
(1) 
Subject to the requirements of § 200-11, and notwithstanding the provisions of this Subsection B and Table 1, activities that would otherwise be regulated activities pursuant to this chapter but are 100 square feet or less shall be exempt from the stormwater management site plan preparation, volume control, peak rate control and Borough review and approval provisions of this chapter, provided that the regulated activity does not adversely affect adjoining properties or cause erosion. A stormwater permit application must be submitted for record purposes. All new impervious surfaces shall be considered in the cumulative totals in determining exemption status.
C. 
Regulated activities that create impervious areas less than or equal to 5,000 square feet (cumulative) but do not qualify for an exemption from SWM site plan preparation requirements per § 200-15B may qualify for submission of a "simplified SWM site plan" per § 200-21D. The Borough's designee shall determine if a simplified SWM site plan may be submitted in lieu of a full SWM site plan (per § 200-21) after review of the stormwater management permit application and review of the proposed site. The simplified SWM site plan must demonstrate that the proposed activity will not adversely affect adjoining property owners or cause erosion.
D. 
Regulated activities that do not receive an exemption from SWM site plan preparation requirements per § 200-15B or C (cumulative) may qualify for submission of a simplified SWM site plan per § 200-21D. The Borough's designee shall determine if a simplified SWM site plan may be submitted in lieu of a full SWM site plan (per § 200-21) after review of the stormwater management permit application and review of the proposed site. The simplified SWM site plan must demonstrate that the proposed activity will not adversely affect adjoining property owners or cause erosion.
E. 
Agricultural activity is exempt from the SWM site plan preparation requirements of this chapter, provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102 and no adverse impacts to adjoining property owners will occur because of stormwater runoff.
F. 
Forest management and timber operations may be exempt from the SWM site plan preparation requirements of this chapter provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102 and no adverse impacts to adjoining property owners will occur because of stormwater runoff.
G. 
Domestic gardening and landscaping are exempt from specific approval and permitting under this chapter.
H. 
Exemptions from certain provisions of this chapter shall not relieve the applicant from the requirements in § 200-14D through M of this chapter.
I. 
The Borough may deny or revoke any exemption pursuant to this section at any time for any project that poses a threat to public health, safety, property or the environment.
Table 1
Existing Lot Size
(acres)
Maximum New Impervious Area Cumulative per § 200-15B
(square feet)
0 to 0.25
250
Greater than 0.25 to 0.50
500
Greater than 0.50 to 0.75
750
Greater than 0.75
1,000
The low-impact development practices provided in the BMP Manual 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 A or the simplified method in Subsection B below. For regulated activity areas equal or less than one acre that do not require hydrologic routing to design the stormwater facilities, this chapter establishes no preference for either methodology; therefore, the applicant may select either methodology on the basis of economic considerations, the intrinsic limitations on applicability of the analytical procedures associated with each methodology, and other factors.
A. 
The design storm method (CG-1 in the BMP Manual) is applicable to any size of regulated activity. This method requires detailed modeling based on site conditions.
(1) 
No plan shall increase the post-development total runoff volume for all storms equal to or less than the two-year, twenty-four-hour duration precipitation to more than the pre-development total runoff volume.
(2) 
For modeling purposes:
(a) 
Existing (pre-development) nonforested pervious areas must be considered meadow.
(b) 
Twenty percent of the existing impervious area of a project site, when present, shall be considered meadow in the model for existing conditions, if the existing impervious area is being altered by the proposed regulated activity.
B. 
The simplified method (CG-2 in the BMP Manual) provided below is independent of site conditions and should be used if the design storm method is not followed. This method is not applicable to regulated activities greater than one acre or for projects that require design of stormwater storage facilities. For new impervious surfaces:
(1) 
Stormwater facilities shall capture at least the first two inches of runoff from all new impervious surfaces.
(2) 
At least the first one inch of runoff from new impervious surfaces shall be permanently removed from the runoff flow, i.e., it shall not be released into the surface waters of this commonwealth. Removal options for the first one inch of runoff include reuse, evaporation, transpiration, and infiltration.
(3) 
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 stormwater runoff shall be infiltrated.
A. 
For computation of pre-development peak discharge rates, 20% of the existing impervious area of a project site, when present, shall be considered meadow, if the existing impervious area is being altered by the proposed regulated activity.
B. 
Post-development discharge rates shall not exceed the pre-development discharge rates for the one-, two-, five-, ten-, twenty-five-, fifty-, and 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 pre-development analysis for one-, two-, five-, ten-, twenty-five-, fifty-, and 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.
For the purposes of the Act 167 stormwater management (plan) elements, contained within the York County Integrated Water Resources Plan, and this chapter, design policy pertaining to stormwater management facilities for Pennsylvania Department of Transportation (PennDOT) and Pennsylvania Turnpike Commission (PTC) roadways and associated facilities is provided in Section 13.7 (Antidegradation and Post Construction Stormwater Management Policy) of PennDOT Publication No. 13M, Design Manual Part 2 (August 2009), as developed, updated, and amended in consultation with the Pennsylvania Department of Environmental Protection (DEP). As stated in DM-2.13.7.D (Act 167 and municipal ordinances), PennDOT and PTC roadways and associated facilities shall be consistent with Act 167 plans. DM-2.13.7.B (Policy on Antidegradation and Post Construction Stormwater Management) was developed as a cooperative effort between PennDOT and DEP. DM-2.13.7.C (Project Categories) discusses the anticipated impact on the quality, volume, and rate of stormwater runoff. Where standards in the Act 167 elements of the IWRP and this chapter are impractical, PennDOT or the PTC may request assistance from DEP, in consultation with the county, to develop an alternative strategy for meeting state water quality requirements and the goals and objectives of the Act 167 elements within the IWRP. For the purposes of the Act 167 elements in the IWRP and this chapter, road maintenance activities are regulated under 25 Pa. Code Chapter 102.
A. 
Stormwater collection system. The stormwater collection system shall be designed and approved based upon the following criteria:
(1) 
Peak discharge shall be computed using the Rational Formula: Q = CIA
Where:
Q
=
Peak discharge in cubic feet per second.
C
=
Runoff factor expressed as a percent of the total water falling on an area.
I
=
The rate of rainfall for the time of concentration of the drainage area in inches per hour for a given storm frequency (rainfall intensity).
A
=
The drainage area expressed in acres.
The runoff factor "C" is a percentage factor which represents the proportion of the total quantity of water falling on the area that remains as runoff.
(2) 
The runoff factors for various types of drainage areas, as presented in the following table, shall be used for design.
Runoff Factors for the Rational Equation
Type of Drainage Area or Surface
Runoff Factor "C"
Impervious surfaces, such as but not limited to roof surface, pavement, concrete or bituminous concrete, gravel
0.95
Cultivated field
0.40
Lawn
0.25
Meadow
0.20
Wooded
0.15
NOTES:
1.
Consideration should be given to future land use changes in the drainage area in selecting the "C" factor.
2.
For drainage area containing several different types of ground cover, a weighted value of "C" factor must be used.
3.
In special situations where sinkholes, stripped abandoned mines, etc., exist, careful evaluation shall be given to the selection of a suitable runoff factor with consideration given to possible reclamation of the land in the future.
(3) 
Rainfall intensity "I" shall be per § 200-14L according to the following:
(a) 
Storm frequency.
[1] 
The following storm frequency shall be used for design:
[a] 
Local streets: ten-year; see "storm duration."[1]
[1]
Editor's Note: See § 200-19A(3)(b).
[b] 
Culvert cross drains: twenty-five-year rural; fifty-year suburban; 100-year urban.
[c] 
Swales: 100-year.
[2] 
When a pipe or culvert is intended to convey the discharge from a stormwater management facility, its required capacity shall be computed by the Rational Method and compared to the peak outflow from the stormwater management facility for the 100-year storm. The greater flow shall govern the design of the pipe or culvert.
[3] 
A 100-year design storm frequency may be required for design of the stormwater collection system to insure that the resultant stormwater runoff from the post-development design storm is directed into the stormwater management facility.
[4] 
In all cases where drainage is collected by means of a head wall or pipe end, the pipe shall be designed as a culvert. The minimum diameter of the culvert shall be 18 inches. The minimum diameter of the storm sewer shall be 15 inches, when located in a public right-of-way or easement.
[5] 
Where the collection system may be under inlet or outlet control, the Municipal Engineer may request additional calculations, such as but not limited to hydraulic grade lines.
(b) 
Storm duration.
[1] 
A five-minute storm duration shall be used if this duration does not result in a maximum expected discharge that exceeds the capacity of a thirty-inch pipe.
[2] 
If a five-minute storm duration results in a pipe size exceeding 30 inches, the time of concentration approach shall be used in determining storm duration.
(c) 
Inlet placement. In general, catch basins shall be placed as required by hydraulic capacity. For design purposes, a capture ratio (intercepted flow/design flow) of 70% or greater is required. However, the width of flow in a street cannot exceed 1/2 of the travel lane. In any event, the maximum distance between conveyed inlets shall not exceed 400 feet.
(d) 
Pipe and swale capacity.
[1] 
Manning's equation shall be used for the design of all storm sewer pipes and for open channel design:
V
=
1.486 R2/3 S1/2
n
Where:
V
=
Velocity of the water in feet per second.
R
=
Hydraulic radius which is equal to the net effective areas (A) divided by the wetted perimeter (W.P.):
R =   A  
 W.P.
The wetted perimeter is the lineal feet of the drainage facility cross section which is wetted by the water.
S
=
Slope of the hydraulic gradient (for approximation, use the water surface slope in a wetted stream and the streambed slope in dry stream or the pipe slope).
n
=
The roughness coefficient. Roughness coefficients are as follows:
Value of Manning's Roughness Coefficient - n
Rip-rap
0.040
Grass-lined channel
0.035
Bare earth channel
0.020
Paved bituminous channel
0.016
Concrete
0.012
Turf reinforcement matting (TRM)
Per manufacturer's recommendation
[2] 
The maximum permitted velocity in a lined or unlined swale shall be in accordance with the USDA Engineering Field Manual, PA DEP, applicable PA codes and state law, whichever is less.
[3] 
The maximum permitted velocity in storm sewer pipe is 20 feet per second. If 20 feet per second is exceeded, the pipe must be anchored in accordance with the following table:
Velocity of Flow
(feet per second)
Anchor Spacing
(feet)
20 to 24.99
20
25 to 30
10
[4] 
Under no circumstances shall flow velocity exceed 30 FPS.
B. 
Stormwater management facilities. The plan shall be designed and approved based upon the following criteria:
(1) 
General. For drainage areas 320 acres or larger, the peak discharge and runoff shall be computed using the soil-cover complex method contained in "Urban Hydrology for Small Water Sheds," Technical Release No. 55, published by the Engineering Division, Soil Conservation Services, United States Department of Agriculture, dated June 1986, or latest revision, except as modified herein. For drainage areas less than 320 acres, the Modified Rational Method may be utilized. Alternate methods of analysis may be considered if approved by the Municipal Engineer.
(2) 
Outflow determination. The maximum permitted stormwater discharge, in cubic feet per second, from any site shall not exceed the calculated peak discharge from the site at pre-development ground cover and soil conditions for all design storms specified in § 200-17B. For the purpose of this chapter, pre-development ground cover conditions shall be assumed to be "meadow" for all nonforested pervious areas as defined in "Urban Hydrology for Small Water Sheds," Technical Release No. 55, published by the Engineering Division, Soil Conservation Service, United States Department of Agriculture, dated June 1986, or latest revision, or if using the Modified Rational Method a "C" factor of 0.20 shall be used for meadow conditions for all nonforested pervious areas. For existing impervious surfaces, see § 200-17A. The maximum permitted stormwater discharge shall be calculated using the SCS method or alternative method approved by the Municipal Engineer for rainfalls having recurrence intervals of one, two, five, 10, 25, 50 and 100 years. Time of concentration (Tc) should be calculated using the SCS segmental approach in accordance with the current recommendations by SCS. For the purpose of this chapter, the rainfall depths shall be per § 200-14L. Rainfall intensity shall be per § 200-14L for design if using the Modified Rational Method. If alternate methods of analysis are utilized, the design storm's recurrence interval in years shall be the same as used in the SCS TR-55 Method.
(3) 
Minimum required detention storage. The minimum required detention storage shall be determined by routing the approved post-development hydrographs through the stormwater management facility, using either manual methods or computerized routing. Routing shall be based upon the modified PULS method; other routing methodologies shall be subject to the approval of the Municipal Engineer.
(4) 
Emergency spillway. Emergency spillways or overflow structures shall be designed to pass the peak flow resulting from a 100-year recurrence interval design storm computed at post-development conditions, assuming that the principal outlet structure is nonfunctional. All retention basins and detention basins shall provide an emergency spillway. Emergency spillways shall be located in cut where feasible; if not, adequate permanent stabilization is required. All emergency spillways shall be permanently stabilized for the design peak flow rate and velocity.
(5) 
Minimum bottom slope. All detention basins shall have a minimum bottom slope of 2%, if not being utilized for infiltration purposes.
(6) 
Side slopes. The maximum side slopes for detention or retention basins shall be three horizontal to one vertical in cut and four horizontal to one vertical in fill.
(7) 
Freeboard. The stormwater management facility shall have a minimum 1/2 foot of freeboard determined after routing the 100-year recurrence interval design storm per § 200-19B(4) or a minimum of one foot of freeboard above the normal 100-year storm routing elevation, whichever is greater.
(8) 
Seepage trench. All stormwater management detention basins shall provide as a minimum a two-foot-wide by ten-foot-long by six-foot-deep seepage trench in the bottom of the basin near the outlet control structure in accordance with the stormwater permit application, unless field conditions deem the seepage trench nonfunctional and concurred by the Municipal Engineer. This seepage trench is not required if the basin is being utilized for infiltration purposes.
(9) 
Fencing, trash racks and installation of childproof facilities may be required by the Borough.
A. 
In order to protect and improve water quality, a riparian buffer easement shall be created and recorded as part of any subdivision or land development that encompasses a riparian buffer. Riparian buffer easement agreements shall be submitted to the Borough's Solicitor for review and approval prior to recording.
B. 
Except as required by Chapter 102, the riparian buffer easement shall be measured to be the greater of the limit of the 100-year floodplain or a minimum of 35 feet from the top of the streambank (on each side).
C. 
Minimum management requirements for riparian buffers.
(1) 
Existing native vegetation shall be protected and maintained within the riparian buffer easement.
(2) 
Whenever practicable, invasive vegetation shall be actively removed, and the riparian buffer easement shall be planted with native trees, shrubs, and other vegetation to create a diverse native plant community appropriate to the intended ecological context of the site.
D. 
The riparian buffer easement shall be enforceable by the municipality and shall be recorded in the office of the Recorder of Deeds in and for York County, Pennsylvania, so that it shall run with the land and shall limit the use of the property located therein. The easement shall allow for the continued private ownership and shall count toward the minimum lot area required by zoning unless otherwise specified in the Municipal Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 250, Zoning.
E. 
Any permitted use within the riparian buffer easement shall be conducted in a manner that will maintain the extent of the existing 100-year floodplain, improve or maintain the stream stability, and preserve and protect the ecological function of the floodplain.
F. 
The following conditions shall apply when public and/or private recreation trails are permitted within riparian buffers:
(1) 
Trails shall be for nonmotorized use only.
(2) 
Trails shall be designed to have the least impact on native plant species and other sensitive environmental features.
G. 
Septic drainfields and sewage disposal systems shall not be permitted within the riparian buffer easement and shall comply with setback requirements established under 25 Pa. Code Chapter 73.