Township of Lower Windsor, PA Article III Stormwater Management Standards

§ 400-13 General requirements.

A. Regulated activities are subject to the following permitting requirements:

(1) Regulated activities that propose up to 2,000 square feet of new impervious area qualify for utilization of the small projects guide contained within this chapter. See Appendix D.[1]

[1] Editor's Note: Said appendix is included as an attachment to this chapter.

(2) Regulated activities that propose greater than 2,000 square feet of new impervious area shall be required to submit a stormwater management plan that meets the requirements set forth in § 400-24.

(3) No regulated activities shall commence until the Township issues written approval of an SWM site plan or other applicable authorization which demonstrates compliance with the requirements of this chapter.

B. SWM site plans approved by the Township, in accordance with § 400-29, shall be on site throughout the duration of the regulated activity.

C. The Township 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.[2]

[2] Editor's Note: See 35 P.S. § 691.1 et seq.

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 (e.g., during construction beginning with initial topsoil removal and through the conversion and operation of all post-construction stormwater management 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. Various BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual (E&S Manual³), No. 363-2134-008, as amended and updated.

E. 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 § 400-15 and the peak rate controls of § 400-16 do not need to be retrofitted to existing impervious areas that are not being altered by the proposed regulated activity.

F. Stormwater flows onto adjacent property shall not be created, increased, decreased, relocated, or otherwise altered without written approval of the adjacent property owner(s). Such stormwater flows shall be subject to the requirements of this chapter. Water discharges cannot be discharged within 10 feet of the property line unless there is an existing easement or approval from the neighboring property owner is obtained.

G. 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) Maintain or extend riparian buffers.

(c) Avoid erosive flow conditions.

(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 four inches, whichever is greater. (Additional topsoil may be needed for vegetation other than sod.)

(3) Incorporate methods described in the Pennsylvania Stormwater Best Management Practices Manual (BMP Manual⁴). 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.

H. The design of all facilities over carbonate geology or karst topography shall include an evaluation of measures to minimize adverse effects.

I. 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.

J. Normally dry, open top, storage facilities should completely drain both the volume control and rate control capacities over a period of time not more than 72 hours from the end of the design storm.

K. All natural streams, channels, swales, drainage systems and/or areas of surface water concentration shall be maintained in their existing condition unless an alteration is approved by the Township. All encroachment activities shall comply with the requirements of PA DEP 25 Pa. Code Chapter 105 (Water Obstructions and Encroachments), Rules and Regulations of PA DEP. Any approvals or permits issued do not relieve compliance as referenced in § 400-8, Compatibility with other permit and ordinance requirements.

L. The design storm volumes to be used in the analysis of peak rates of discharge should 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 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, and the Storm Water Management Act. Various BMPs and their design standards are listed in the BMP Manual⁴.

N. Financial security for the completion of stormwater management facilities is set forth in § 400-31 of this chapter.

O. Prior to the full release of financial security, the applicant shall be responsible for providing a record plan of all stormwater management facilities included in the approved stormwater management plan. The record plan and an explanation of any discrepancies with the design plans shall be submitted to the Township or its designee for final approval. The record plan shall include a final certification as required by Chapter 102 from an engineer, landscape architect, surveyor, or other qualified person registered in the Commonwealth of Pennsylvania.

§ 400-14 Exemptions.

A. 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.

B. Forest management and timber operations are 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.

C. The use of land for domestic (i.e., for a single individual dwelling unit) gardening and landscaping is exempt from specific approval and permitting under this chapter so long as such activities comply with all other applicable ordinances and statutes.

D. Exemptions from any provisions of this chapter shall not relieve the applicant from the requirements in § 400-13D through N.

E. The Township may deny or revoke any exemption pursuant to this section at any time for any project that the Township believes may pose a threat to public health and safety or the environment.

F. Decks shall be exempt from the peak rate controls, volume controls, and the SWM site plan requirements provided that they are attached to a residential structure, are not covered with a roof or awning, are not constructed above a patio or other impervious surface, and are constructed such that rainwater can drain freely between regularly spaced gaps in the decking material. Any exemptions granted for decks under this section shall not impart a waiver, exemption, or modification of any setbacks, coverage, or other Zoning or Subdivision and Land Development Ordinance requirements.

G. Small solar arrays shall be exempt from the peak rate controls, volume controls, and the SWM site plan requirements provided that they are not constructed above an impervious surface, no single solar panel has a surface area of more than 50 square feet, and the array is constructed such that the panels are evenly spaced within the array, and that the total area of all panels, when oriented in the full horizontal position, is less than the total open space between panels. Solar arrays containing solar panels with a total area of 2,000 square feet or more shall be considered large solar arrays, and shall not qualify for this exemption. Any exemptions granted for solar arrays under this section shall not impart a waiver, exemption, or modification of any setbacks, coverage, or other Zoning or Subdivision and Land Development Ordinance requirements.

§ 400-15 Volume controls.

Green infrastructure and low-impact development practices provided in the BMP Manual⁴ shall be utilized for all regulated activities wherever possible. Water volume controls shall be implemented using the Design Storm Method in Subsection A or the Simplified Method in Subsection B below. This ordinance establishes that only the Design Storm Method may be used for regulated activities that add greater than 1/2 acre of new impervious area or disturb greater than one acre of total area.

A. The Design Storm Method (CG-1 in the BMP Manual⁴) 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 in good condition.

(b) Twenty percent of existing impervious areas to be disturbed by the project, when present, shall be considered meadow in good condition in the model for existing conditions. Regulated activities not requiring an NDPES permit are exempt from this requirement.

B. The Simplified Method (CG-2 in the BMP Manual⁴) provided below is independent of site conditions and should be used if the Design Storm Method is not followed. This method is not applicable for regulated activities that add greater than greater than 1/2 acre of new impervious area or for projects that require routing 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 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 runoff should be infiltrated.

(4) This method is exempt from the requirements of § 400-16, Rate controls.

§ 400-16 Rate controls.

A. For computation of predevelopment peak discharge rates, 20% of existing impervious areas to be disturbed by the project, when present, shall be considered meadow. Regulated activities not requiring an NDPES permit are exempt from this requirement.

B. For areas not covered by a release rate map from an approved Act 167 stormwater management plan:

(1) Post-development discharge rates shall not exceed the predevelopment discharge rates for the one-, two-, five-, ten-, twenty-five-, fifty-, and 100-year, twenty-four-hour storm events. 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-, 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.

C. For areas covered by a release rate map from an approved Act 167 stormwater management plan:

(1) For the one-, two-, five-, ten-, twenty-five-, fifty-, and 100-year, twenty-four-hour storm events, the post-development peak discharge rates will follow the applicable approved release rate maps. For any areas not shown on the release rate maps, the post-development discharge rates shall not exceed the predevelopment discharge rates.

§ 400-17 Riparian buffers.

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.

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 Township and shall be recorded in the appropriate County Recorder of Deeds office 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 Township Zoning Ordinance.[1]

[1] Editor's Note: See Ch. 470, 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.

§ 400-18 Design criteria.

A. Off-site areas. Off-site areas which drain through a proposed development site are not subject to release rate criteria when determining allowable peak runoff rates. However, on-site drainage facilities shall be designed to safely convey off-site flows through the development site.

B. On-site areas. On-site areas proposed to remain undisturbed as part of the regulated activity, including previously developed areas, shall be considered as existing conditions.

C. Downstream hydraulic capacity analysis. Any existing downstream capacity hydraulic analysis shall be conducted in accordance with this chapter.

(1) All downstream facilities impacted by the total site area of the regulated facility shall be studied to determine if the facility has adequate capacity to handle existing and proposed flows. An impacted downstream facility is one to which the runoff from the total site area of the regulated activity comprises more than 50% of the total flow to such a facility. The study shall end at a perennial stream unless directed otherwise by the Township Engineer. Downstream facilities include, but are not limited to, man-made or natural swales and open channels, pipes, inlets, culverts, bridges, and roadways.

(2) If any private facility is found to be undersized, the applicant shall be responsible for updating the facility in coordination with the regulated activity.

(3) If any public facility is found to be undersized or inadequate, the applicant shall work with the Township or state agency on upgrading the facility in coordination with the regulated activity.

D. Regional detention alternatives. For certain areas within the study area, it may be more cost-effective to provide one control facility for more than one development site than to provide an individual control facility for each development site. The initiative and funding for any regional runoff control alternatives are the responsibility of prospective developers. The design of any regional control basins must incorporate reasonable development of the entire upstream watershed. The peak outflow of a regional basin would be determined on a case-by-case basis using the hydrologic model of the watershed consistent with protection of the downstream watershed areas. "Hydrologic model" refers to the calibrated model as developed for the stormwater management plan.

E. Capacity improvements of local drainage networks. In certain instances, local drainage conditions may dictate more stringent levels of runoff control than those based upon protection of the entire watershed. In these instances, if the developer could prove that it would be feasible to provide capacity improvements to relieve the capacity deficiency in the local drainage network, then the capacity improvements could be provided by the developer in lieu of runoff controls on the development site. Any capacity improvements would be designed based upon development of all areas tributary to the proposed improvement and the capacity criteria specified in § 400-20. In addition, all new development upstream of a proposed capacity improvement shall be assumed to implement the applicable runoff controls consistent with this chapter except that all new development within the entire subarea(s) within which the proposed development site is located shall be assumed to implement the developer's proposed discharge control if any.

F. Capacity improvements may also be provided as necessary to implement any regional or subregional detention alternatives.

G. Where the potential for groundwater and/or surface water contamination exists, based on the proposed use of the regulated activity, safeguards shall be incorporated into the site.

H. Roof drains, and sump pumps shall discharge to infiltration or vegetative BMPs and to the maximum extent practicable satisfy the criteria for DIAs.

I. Stormwater runoff shall not be transferred from one watershed to another unless the watersheds are subwatersheds of a common watershed which join together within the perimeter of the property. The transfer of watersheds may be permitted in the event the transfer does not alter the peak discharge onto downstream lands or drainage easements are acquired from the affected landowners.

J. All storm sewer pipes, culverts, bridges, gutters, and swales (excluding outfall structures from stormwater management facilities) conveying water originating only from within the boundaries of the project site shall be designed for a twenty-five-year storm event. All other storm sewer pipes, culverts and bridges, gutters and swales (excluding detention and retention basin outfall structures and excluding sole access structures) conveying water originating from off-site shall be designed for a fifty-year storm event. Sole access structures shall be designed to convey the 100-year storm event without roadway overtopping. Drainage and access easements shall be provided to encompass the water surface limits of the 100-year storm event throughout the project site and to provide access from a public street to the stormwater facility. Easements shall begin at the furthest upstream property line of the proposed development in the watershed.

K. The maximum water depth for aboveground storage facilities shall not exceed six feet measured at the emergency spillway.

L. Flow velocities from any storm sewer may not result in erosion of the receiving channel. Adequate erosion protection shall be provided along all open channels and at all points of discharge.

M. For all swales, capacities, and velocities shall be computed using the Manning Equation. The following design considerations shall be met:

(1) Two analysis of channel velocity and stability shall be provided with each swale design. One analysis shall be based upon the swale in an unvegetated state with control matting and the second shall consider the channel in permanent, designed conditions.

(2) All swales shall have a minimum slope of 1% unless otherwise approved by the Township Engineer.

N. Design standards, facilities within the public street right-of-way:

(1) Storm sewer pipes, other than those used for street subbase underdrains, shall have a minimum diameter of 15 inches. Structural calculations that address the actual design requirements will be required where installation conditions merit.

(2) Storm sewer pipes and culverts shall be installed with a minimum slope of 0.5%.

(3) Allowable pipes, culvert, and bridge materials shall be as outlined in the Township's Construction and Material Specifications.

(4) All storm sewer pipes and culverts shall be laid to a minimum depth of 12 inches from finished subgrade to the crown of the pipe in paved and grassed areas, or more if specified by the manufacturer.

(5) Curves or angle points in pipes or box culverts without the use of an inlet or manhole are prohibited unless preapproved by the Township. Tee joints, elbows, and wyes shall be limited for use in constructing underground detention facilities, underground retention facilities, underdrain systems, and roof leader collection systems.

(6) Manholes, inlets, headwalls, endwalls, and end sections shall conform to the requirements of the PennDOT, Publication 408.

(7) Inlets shall be placed on both sides of the street at low spots, at a maximum of 600 feet apart along a storm sewer pipe or culvert, and at points of abrupt changes in the horizontal or vertical directions of storm sewers. Inlets shall normally be along the curbline at or beyond the curb radius points. Within the street right-of-way, the gutter spread based on the twenty-five-year storm event shall be no greater than 1/2 of the travel lane width and have a maximum depth of three inches at the curbline. A parking lane shall not be considered as part of the travel lane. In the absence of pavement markings separating a travel lane from the parking lane, the parking lane shall be assumed to be eight feet wide if parking is permitted on the street. At intersections and access driveways, the depth of flow across the through streets and across the access driveways (proposed and existing) shall not exceed 1 1/2 inches for the twenty-five-year storm event. Manholes may be substituted for inlets at locations where inlets are not required to handle surface runoff.

(8) Placement or use of BMPs within the public street right-of-way shall only be allowed after Township approval.

O. Design standards, facilities outside of the public street right-of-way:

(1) The design of all BMP facilities shall incorporate best engineering practices. The design engineer shall utilize all available design criteria in the BMP Manual to meet the requirements of this ordinance and shall provide all the necessary backup documentation with their submittal.

(2) The BMPs must be designed to protect and maintain existing uses 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.

(3) No regulated earth disturbance activities within the Township shall commence until approval by the Township of a plan that ensures post-construction stormwater discharges do not degrade the physical, chemical, or biological characteristics of the receiving waters.

P. Design standards, subsurface infiltration facilities:

(1) Positive overflow must be provided in the subsurface infiltration facility. Overflow structures or pipes must be designed to convey the inflow capacity of the facility. Note: Volume control credits may not be used above the lowest invert of the positive overflow structure or pipe.

(2) The minimum allowable distance between a subsurface infiltration facility and structure/building/retaining wall is 10 feet.

(3) The subsurface infiltration facility must be located at least two feet above any limiting zone, i.e., seasonal high groundwater table, bedrock, or poorly infiltrating soils.

(4) Soils with rates exceeding 10 inches per hour require soil amendments. During construction, upon reaching the subgrade of the infiltration facility, a two-foot-thick layer of soil amendments must be spread across the entire facility bottom area, below the designed bottom of the facility. Soil media infiltration rate must be provided upon design.

(5) The infiltration facility must include an acceptable form of pretreatment before stormwater enters the facility. An acceptable form of pretreatment includes an inlet with an eighteen-inch sump and one-inch diameter weep holes. Other forms of pretreatment must be approved by the Township Engineer.

(6) Subsurface infiltration facilities may not use a geotextile liner to separate the storage area from the subgrade. Geotextile liners may only be used on the sides and top. AASHTO Class 1 or Class 2 geotextile is recommended.

(7) Subsurface infiltration facilities must contain a cleanout or observation well near the center of the facility and at the end of any portion of underdrain. The observation well or cleanout must be placed at the invert of the stone bed and extend up to grade. Adequate inspection and maintenance access to the observation well or cleanout must be provided.

(8) In subsurface infiltration facilities that include chamber, pipe, or other storage system, a sufficient number of access features must be provided to efficiently inspect and maintain the infiltration area.

(9) Perforated distribution pipes must contain a bedding of at least four inches separating the pipe and subgrade.

(10) Infiltration testing standards set forth in Appendix C[1] shall be followed when designing a subsurface infiltration facility.

[1] Editor's Note: Said appendix is included as an attachment to this chapter.

Q. Design standards, water-carrying facilities.

(1) 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 facility for the 100-year storm. The greater flow shall govern the design of the pipe or culvert.

(2) When a pipe is part of a storm sewer system and crosses the roadway, it shall be designed as a storm sewer with the same design storm as the remainder of the drainage system.

(3) Greater design frequencies may be justified on individual projects.

(4) A 100-year storm frequency may be required for design of the stormwater collection system to ensure that the runoff from the post-development storm is directed into the intended management facility.

(5) In general, inlets shall be spaced such that, based upon the rational method, tc = 5 min. and ten-year rainfall intensity, the area contributing to the inlet shall not produce a peak runoff of greater than four cfs. Also, inlets shall be spaced so that their efficiency, based upon efficiency curves published by the Pennsylvania Department of Transportation, is not less than 65%.

(6) Proposed channels or swales must be able to convey the increased runoff associated with a proposed 100-year return period event within their banks at velocities consistent with protection of the channels from erosion. Acceptable velocities shall be based upon criteria included in the PADEP Erosion and Sediment Pollution Control Program Manual.

(7) All other storm sewer manholes and inlets shall have smooth flow lines grouted.

(8) Inlets shall be placed on both sides of the street at low spots and at the upper side of street intersections to prevent stormwater from crossing an intersection. Other devices such as high efficiency grates or perforated pipe may be required if conditions warrant. All inlets at low points along the roadway shall have an eight-inch curb reveal and shall be equipped with pavement base drain extending 50 feet in either direction, parallel to the center line of the roadway.

(9) Headwalls and endwalls shall be used where stormwater runoff enters or leaves the storm sewer horizontally from a natural or man-made channel. In all cases where drainage is picked up by means of a headwall, the pipe shall be designed as a culvert. Inlet and outlet conditions shall be analyzed. PennDOT type "dw" headwalls and endwalls shall be utilized for pipes 15 inches and larger in diameter. End sections shall be utilized for pipes smaller than 15 inches in diameter.

(10) Guards shall be provided on all intake and outfall structures as well as outlet structures. The guard bars shall be 1/2 inch diameter galvanized bars on six-inch centers attached to the structure with 3/8 inch diameter stainless steel anchors. Guards shall also be provided for any pipe opening, 18 inches in diameter or larger.

(11) Manholes, inlets, headwalls, and endwalls shall conform to the requirements of the PennDOT Publication 408, as modified by the Township Construction and Materials Standards.

(12) Stormwater runoff on roadways (i.e., gutter spread, lane encroachment, etc.) shall be controlled in accordance with PennDOT Publications 13M, "Design Manual," Part 2, Chapter 10, and 584, "Drainage Manual."

R. Design standards, detention and retention basins.

(1) Permanent detention and retention basins shall be designed to meet the following standards:

(a) The maximum permitted depth for detention or retention basins shall be six feet, measured from the bottom of the emergency spillway to the lowest point in the basin.

(b) The minimum top width of all basin embankments shall be eight feet.

(c) The maximum permitted inside side-slopes for detention or retention basins shall be four to one vertical. Three to one vertical inside side-slopes may be approved upon furnishing an appropriate planting schedule. The maximum permitted outside side-slopes shall be three to one vertical and utilize a seed mix designed for embankments. Areas for vehicle access shall be provided and encompassed by a twenty-foot-wide easement and shall have slopes no greater than five to one vertical. The proposed vegetation shall be low-maintenance varieties.

(d) Any stormwater management facility (i.e., detention basin) designed to store runoff and requiring a berm or earthen embankment required or regulated by this chapter shall be designed to provide an emergency spillway to handle flow up to and including the 100-year, twenty-four-hour design storm at post-development conditions, assuming the principal outlet structure to be clogged. The height of the embankment must be set as to provide a minimum of one foot of freeboard above the maximum elevation computed. Should any stormwater management facility require a dam safety permit under PADEP 25 Pa.Code Chapter 105, the facility shall be designed in accordance with PADEP 25 Pa.Code Chapter 105, and meet the regulations of PADEP 25 Pa.Code Chapter 105, concerning dam safety which may be required to pass storms larger than the 100-year event.

(e) A cutoff trench composed of four feet wide of impervious material shall be provided within all basin embankments.

(f) Where a basin embankment is constructed using fill on an existing 15% or greater slope, the basin must be keyed into the existing grade.

(g) Fencing. Any aboveground stormwater management detention/retention facility that is designed to store at least a two-foot depth of runoff shall be subject to the following fencing requirements:

[1] The stormwater facility must be completely surrounded by a chain-link fence of not less than four feet in height. Alternative fences and barriers may be permitted upon request to and approval by the Township.

[2] All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times, when not in actual use.

(h) All outlet structures and emergency spillways shall include a nonerosive means of energy dissipation at its outlet to assure conveyance and flow without endangering the safety and integrity of the basin and the downstream drainage area.

(i) Plans for infiltration must show the locations of existing and proposed septic tank infiltration areas and wells. A minimum twenty-five-foot separation from on-lot disposal systems (OLDS) infiltration areas, including replacement areas, is desired and will be evaluated by the Township on a case-by-case basis. However, the separation shall not be less than the PADEP required 10 feet. Infiltration rates shall be based upon perk and probe tests conducted at the site of the proposed facility.

(j) Aboveground infiltration facilities shall provide a means of emergency dewatering of the facilities to the bottom elevation. If amended soils are used in the facility bottom, an underdrain shall be placed below or at the bottom of the amended soils to dewater the amended soils in emergency situations. Dewatering to the top may be allowed on a case-by-case basis if the circumstance does not allow for the amended soils to drain properly. Usage of this method shall require approval of the Township.

S. Design standards, rain gardens/bioretention facilities.

(1) A rain garden/bioretention facility is an excavated shallow surface depression or storage area created by an earthen embankment that is planted with specific native vegetation to treat and capture runoff and amended soils. Rain gardens shall meet the following design standards (note: any SWM facility exceeding these design standards shall be considered a retention/detention basin and subject to their design standards):

(a) The maximum ponding depth shall be 12 inches.

(b) Infiltration testing standards set forth in Appendix C[2] shall be followed when designing a rain garden facility.

[2] Editor's Note: Said appendix is included as an attachment to this chapter.

(c) The bottom of the rain garden storage area must be located at least two feet above any limiting zone, i.e., seasonal high groundwater table, bedrock, or poorly infiltrating soils.

(d) Pretreatment shall be used in the design of the facility. Pretreatment can include structures such as sumped and trapped inlets, sediment/grit chambers or separators, media filters, inlet inserts, or other appropriate prefabricated or proprietary designs to remove sediment, floatables, and/or hydrocarbons from stormwater runoff prior to being conveyed to a rain garden/bioretention basin. A facility may be exempt from pretreatment at the discretion of the Township Engineer.

(e) Maximum side slopes for surface storage areas shall be 4(H): 1(V).

(f) Any stone storage systems incorporated into the rain garden design must be separated from the soil media by a geotextile liner. A geotextile liner shall not be used to separate the stone storage system from the subgrade. Stone storage systems shall have a level bottom or use a terraced system if installed along slope.

(g) In the event a sand layer is to be used as part of the underground filtration/storage system. The sand must be placed between the soil medium and stone storage. All sides of the sand must be separated by a geotextile liner.

(h) The planting soil medium must have a minimum depth of 18 inches. Planting soil shall be a loam soil capable of supporting a healthy vegetative cover. Soils shall be amended with a composted organic material. At minimum the organic amended soil shall be combined with 20% to 30% organic material (compost), and 70% to 80% soil base (topsoil). Amended soils shall be spread throughout the bottom floor of the facility.

(i) Underdrains must be provided for all rain gardens and extend throughout the entire rain garden bottom. Underdrains must be surrounded by a stone layer with a minimum of four inches above and below the pipe.

(j) Rain gardens that are used for volume control credits shall have an underdrain with a valve that is to remain closed at all times unless dewatering the facility to perform maintenance.

(k) A sufficient number of cleanouts must be provided to access underdrains to allow for maintenance and inspection of the underdrain pipe.

(l) Native plants capable of supporting the proposed ponding depth shall be utilized. The designer shall refer to the PA DEP BMP manual for a list of potential native plant species.

§ 400-19 Regulations governing SWM facilities.

A. Any stormwater facility located on state highway rights-of-way shall be subject to approval by the Pennsylvania Department of Transportation (PennDOT).

B. Any stormwater management facilities regulated by this chapter that would be located in or adjacent to waters of the commonwealth or wetlands shall be subject to approval by PADEP through the joint permit application process or, where deemed appropriate by PADEP, the general permit process. When there is a question of whether wetlands may be involved, it is the responsibility of the developer or his agent to show that the land in question cannot be classified as wetlands; otherwise, approval to work in the area must be obtained from PADEP.

C. Any stormwater management facility located within the vicinity of a floodplain shall be subject to approval in accordance with PADEP 25 Pa. Code Chapter 105, Floodplain Management, of PADEP's rules and regulations.

D. The design of all stormwater management facilities shall incorporate good engineering principles and practices. The Township shall reserve the right to disapprove any design that would result in the occupancy or continuation of adverse hydrologic or hydraulic conditions within the watershed.

E. The existing points of concentrated drainage that discharge onto adjacent property shall not be altered without permission of the adjacent property owner(s) and shall be subject to any applicable discharge criteria specified in this chapter. New proposed discharge points shall be no closer than 10 feet to the property line in which they are located.

F. Areas of existing diffused drainage discharge shall be subject to any applicable discharge criteria in the general direction of existing discharge, whether proposed to be concentrated or maintained as diffused drainage areas, except as otherwise provided by this chapter. If diffused flow is proposed to be concentrated and discharged onto adjacent property, the developer must document that adequate downstream conveyance facilities exist to safely transport the concentrated discharge or otherwise prove that no erosion, sedimentation, flooding, or other harm will result from the concentrated discharge.

G. Where a development site is traversed by watercourses, twenty-foot-wide minimum drainage easements (10 feet from top of bank out) shall be provided conforming to the line of such watercourses. The terms of the easement shall prohibit excavation, the placing of fill or structures, and any alterations that may adversely affect the flow of stormwater within any portion of the easement. Also, maintaining of vegetation in a natural state within the easement shall be required, except as approved by the appropriate governing authority.

H. When it can be shown that, due to topographic conditions, natural drainageways on the site cannot adequately provide for drainage, open channels may be constructed conforming substantially to the line and grade of such natural drainage ways. Work within natural drainage ways shall be subject to approval by PADEP through the joint permit application process or, where deemed appropriate by PADEP, through the general permit process.

I. Roof drains and sump pumps must not be connected to streets, sanitary or storm sewers, or roadside ditches to promote overland flow and infiltration/percolation of stormwater where advantageous to do so. When it is more advantageous to connect directly to streets or storm sewers, then it shall be permitted on a case-by-case basis by the Township.

J. Special requirements for areas falling within defined exceptional value and high-quality subwatersheds. The temperature and quality of water and streams that have been declared as exceptional value and high quality is to be maintained as defined in 25 Pa. Code Chapter 93, "Water Quality Standards," Pennsylvania Department of Environmental Protection rules and regulations. Temperature-sensitive BMPs and stormwater conveyance systems are to be used and designed with storage pool areas and supply outflow channels and should be shaded with trees. This will require modification of berms for permanent ponds and the relaxation of restrictions on planting vegetation within the facilities, provided that capacity for volumes and rate control is maintained. At a minimum, the southern half on pond shorelines shall be planted with shade or canopy trees within 10 feet of the pond shoreline. In conjunction with this requirement, the maximum slope allowed on the berm area to be planted is 10 to one. This will lessen the destabilization of berm soils due to root growth. A long-term maintenance schedule and management plan for the thermal control BMPs is to be established and recorded for all development sites within defined exceptional value and/or high-quality subwatersheds.

K. Stormwater management facilities are considered structures and shall comply with setback requirements.

L. No stormwater management facility shall be constructed over existing utility facilities, or within an existing utility easement.

M. No soil amendment BMP shall be used within the building envelope of a residential lot unless it is incorporated into a separate facility design; for example, soil amendments within infiltration basins or rain gardens.

§ 400-20 Calculation methodology.

A. Stormwater runoff from all development sites shall be calculated using the rational method, modified rational method, or a soil cover complex methodology.

(1) Any stormwater runoff calculations involving drainage areas greater than 200 acres, including on- and off-site areas, shall use generally accepted calculation technique that is based on the NRCS soil cover complex method. It is assumed that all methods will be selected by the design professional based on the individual limitations and suitability of each method for a particular site.

(2) The Township may allow the use of the rational method or modified rational method to estimate peak discharges from drainage areas that contain less than 200 acres. When using the rational method, an ascending and descending limb factor of three and seven shall be used, respectively.

(3) All calculations consistent with this chapter using the soil cover complex method shall use the appropriate design rainfall depths. If a hydrologic computer model such as PSRM or HEC-RAS is used for stormwater runoff calculations, then the duration of rainfall shall be 24 hours. The SCS Rainfall Type II curve shall be used for the rainfall distribution. Those projects proposing infiltration structures shall utilize this method.

(4) When routing a detention basin, the rational method or SCS method may be used to determine peak rates through the primary outlet structure. Only the SCS Method may be used to determine the peak water surface elevation during the 100-year, twenty-four-hour design storm, dictating the height of the embankment.

(5) Underground storage facilities that solely receive stormwater and are designed to capture and infiltrate the entire 100-year, twenty-four-hour SCS runoff volume may have their drainage areas removed from the overall post-development drainage area(s).

(6) For the purposes of predevelopment flow rate determination, undeveloped land, including disturbed areas, shall be considered as "meadow" in good condition, unless the natural ground cover generates a lower curve number or rational "C" value (i.e., forest), as listed in Tables 1 and 2, respectively.

(7) All calculations using the rational method shall use rainfall intensities consistent with appropriate times of concentration for overland flow and return periods. Times of concentration for overland flow shall be calculated using the methodology presented in Chapter 3 of Urban Hydrology for Small Watersheds, NRCS, TR-55 (as amended or replaced from time to time by NRCS). Time of concentration for channel and pipe flow shall be computed using Manning's equation.

(8) Runoff curve numbers (CN) for both existing and proposed conditions to be used in the soil cover complex method shall be obtained from Table 1.

(9) Runoff coefficients (c) for both existing and proposed conditions for use in the rational method shall be obtained from Table 2.

(10) Where uniform flow is anticipated, the Manning equation shall be used for hydraulic computations such as the capacity of open channels, pipes, and storm sewers. Values for Manning's roughness coefficient (n) shall be consistent with Table 3.

(11) The design of any stormwater detention facilities intended to meet the performance standards of this chapter shall be verified by routing the design storm hydrograph through these facilities, 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 Township Engineer.

(12) The stormwater collection system shall be designed using the peak discharge computed using the rational formula.

§ 400-21 Carbonate geology.

In areas of carbonate geology, a geologist shall certify to the following:

A. No stormwater management facility will be placed in, over, or immediately adjacent to the following features:

(1) Closer than 100 feet from sinkholes.

(2) Closer than 100 feet from closed depressions.

(3) Closer than 100 feet from caverns, intermittent lakes, or ephemeral streams.

(4) Closer than 50 feet from lineaments in carbonate areas.

(5) Closer than 50 feet from fracture traces.

(6) Closer than 25 feet from bedrock pinnacles (surface or subsurface).

B. Stormwater resulting from regulated activities shall not be discharged into sinkholes.

C. If the developer can prove through analysis that the project site is an area underlain by carbonate geology, and such geologic conditions may result in sinkhole formations, then the project site is exempt from recharge requirements as described in § 400-16, Volume control. However, the project site shall still be required to meet all other standards found in this chapter.

D. It shall be the developer's responsibility to verify if the project site is underlain by carbonate geology. The following note shall be attached to all stormwater management plans and signed and sealed by the developer's geologist: "I, __________, certify that the proposed stormwater management facility (circle one) is/is not underlain by carbonate geology."

E. Whenever a stormwater management facility will be located in an area underlain by carbonate geology, a geological evaluation of the proposed location by a geologist shall be conducted to determine susceptibility to sinkhole formation. The evaluation may include the use of impermeable liners to reduce or eliminate the separation distances listed in the BMP manual. Additionally, the evaluation shall, at a minimum, address soil permeability, depth to bedrock, seasonally high groundwater table, susceptibility for sinkhole formation, suitability of stormwater management facilities, subgrade stability, and maximum infiltration capacity in depth of water per unit area.

F. A detailed soils evaluation of the project site shall be performed to determine the suitability of recharge facilities. The evaluation shall be performed by a qualified professional, and at a minimum, address soil permeability, depth to bedrock, susceptibility to sinkhole formation, and subgrade stability. The general process for designing the infiltration BMP shall be:

(1) Site evaluation to determine general areas of suitability for infiltration practices.

(2) Provide field percolation tests throughout the area proposed for development to determine appropriate percolation rate and/or hydraulic conductivity. At least one infiltration test must be included in each soil group and at least one infiltration test must be conducted for each five lots proposed for development. Infiltration tests must be taken at the location and depth of all proposed infiltration structures.

(3) Design infiltration structure for required storm volume based on all available data.

G. Extreme caution shall be exercised where infiltration is proposed in geologically susceptible areas such as strip mine or limestone areas. It is also extremely important that the design professional evaluate the possibility of groundwater contamination from the proposed infiltration/recharge facility and recommend a hydrogeologic study be performed if necessary. Whenever a basin will be located in an area underlain by limestone, a geological evaluation of the proposed location shall be conducted to determine susceptibility to sinkhole formations. The design of all facilities over carbonate formations shall include measures to prevent groundwater contamination and, where necessary, sinkhole formation. The infiltration requirement in the high-quality/exceptional waters shall be subject to the Department's 25 Pa. Code Chapter 93, and anti-degradation regulations. A detailed hydrogeologic investigation may be required by the Township, and where appropriate, the Township may require the installation of an impermeable liner in detention basins.

§ 400-22 Erosion and sedimentation control requirements.

A. As required in § 400-13, whenever the vegetation and topography are to be disturbed, such activity must be in conformance with PADEP 25 Pa. Code Chapter 105, rules and regulations, Part I, Subpart C, Protection of Natural Resources, Article II, Water Resources, Chapter 102, Erosion Control, and in accordance with the County Conservation District.

B. It is extremely important that strict erosion and sedimentation control measures be applied surrounding infiltration structures during installation to prevent the infiltrative surfaces from becoming clogged. Additional erosion and sedimentation control design standards and criteria must be applied where infiltration BMPs are proposed shall include the following:

(1) Areas proposed for infiltration BMPs shall be protected from sedimentation and compaction during the construction phase so as to maintain their maximum infiltration capacity.

C. Fencing for sedimentation basins or traps must comply with § 400-18R(1)(g).

D. The developer shall demonstrate that the post-development hydrograph flows during erosion and sedimentation control phase are less than or equal to the predevelopment hydrograph flows to assure the rate and volume of runoff leaving the site is controlled for the two-, five-, and ten-year frequency storms. All calculation methodology shall be in accordance with §§ 400-15 through 400-21.

E. In the event a regulated activity falls under the Chapter 102 thresholds for requiring a written erosion and sedimentation plan and/or NPDES permit, the applicant is still required to provide suitable erosion and sedimentation best management practices to prevent an illicit discharge caused by erosion during a precipitation event.

§ 400-23 Fees.

A. Fees shall be established by the Township for applications, review, and inspections.

B. Fees shall be in accordance with the Fee Schedule adopted by the Board of Supervisors.