A.
For all regulated activities, unless preparation of an SWM site plan is specifically exempted in § 200-15:
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.
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.
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.