A.
Applicants proposing regulated activities in the Township which are not exempt under § 170-106 shall submit a stormwater management site plan (SWM site plan) to the Township for review and approval in accordance with Articles III and IV. SWM site plans approved by the Township shall be on site throughout the duration of the regulated activity.
B.
The stormwater management and runoff control criteria and standards in this chapter shall apply to the total proposed regulated activity, even if it is to take place in stages. The measurement of impervious surfaces shall include all of the impervious surfaces in the total proposed regulated activity even if the development is to take place in stages.
C.
No regulated activity within the Township shall commence until:
(1)
The Township issues approval of a SWM site plan, which demonstrates compliance with the requirements of this chapter; and
(2)
The applicant has received a letter of adequacy or approval for the erosion and sediment control plan review by the Township and the conservation district (if required), and has received all other local, state and federal permit approvals required for the project involving the regulated activity.
D.
Neither submission of a SWM site plan under the provisions herein nor compliance with the provisions of this chapter shall relieve any person from responsibility for damage to any person or property otherwise imposed by law.
E.
The applicant shall design the site to minimize disturbances to land, site hydrology, and natural resources, and to maintain the natural hydrologic regime, drainage patterns and flow conditions. The applicant shall apply the procedures set forth in § 170-304 for the overall site design and for selection, location and design of features and BMPs to be used to comply with the requirements of this chapter.
F.
To the maximum extent practicable, post-construction stormwater shall be discharged within the drainage area of the same stream or water body receiving the runoff prior to construction of the proposed regulated activity.
G.
Existing drainage peak rate discharges up to and including the 100-year storm and the volume of runoff up to and including the two-year storm onto or through adjacent property(ies) or downgradient property(ies), including diffuse drainage discharge, shall not be altered in any manner by regulated activities under this chapter without written permission from, and, where applicable as determined by the Township an easement and agreement with, the affected landowner(s) for conveyance of discharges onto or through their property(ies). Altered stormwater discharges shall be subject to any applicable discharge criteria specified in this chapter.
H.
Areas located outside of the site (i.e., areas outside of the regulated activity) that drain through a proposed site are not subject to water quality and volume control, infiltration, stream channel protection, or peak flow rate control requirements (as presented in §§ 170-305, 170-306, 170-307, and 170-308). Drainage facilities located on the site shall be designed to safely convey flows from outside of the site through the site.
I.
If site conditions preclude capture of runoff from limited portions of the disturbed area for achieving water quality volume control standards, stream channel protection standards, and the two-year, five-year and ten-year storm event peak runoff rate reduction standards for new development required by this chapter, the applicant shall propose alternate methods to mitigate the bypass of the BMPs, subject to the approval of the Township Engineer. In no case shall resulting peak rate be greater than the predevelopment peak rate for the equivalent design storm.
J.
For all regulated activities, erosion and sediment control BMPs shall be designed, implemented, operated, and maintained during the regulated activities (i.e., during construction) as required to meet the purposes and requirements of this chapter, to meet the erosion and sediment control requirements of the Township, if applicable, and to meet all requirements under Title 25 of the Pa. Code and the Clean Streams Law.[1]
K.
For all regulated activities, permanent BMPs and conveyances 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]
L.
The design of all BMPs and conveyances shall incorporate sound engineering principles and practices in a manner that does not aggravate existing stormwater problems as identified by the Township. The Township reserves the right to disapprove any design that would result in construction in an area affected by existing stormwater problem(s) or continuation of an existing stormwater problem(s).
M.
Existing wetlands, either on the site or on an adjacent property, shall not be used to meet the minimum design requirements for stormwater management or stormwater runoff quality treatment. Stormwater discharges to existing wetlands shall not degrade the quality or hydrologic integrity of the wetland.
N.
Hot spots runoff controls. Specific structural or pollution prevention practices may be required, as determined to be necessary by the Township Engineer, to pretreat runoff from hot spots prior to infiltration. Following is a list of examples of hot spots:
(1)
Vehicle salvage yards and recycling facilities;
(2)
Vehicle fueling stations;
(3)
Vehicle service and maintenance facilities;
(4)
Vehicle and equipment cleaning facilities;
(5)
Fleet storage areas (bus, truck, etc.);
(6)
Industrial sites based on standard industrial classification codes;
(7)
Marinas (service and maintenance areas);
(8)
Outdoor liquid container storage;
(9)
Outdoor loading/unloading facilities;
(10)
Public works storage areas;
(11)
Facilities that generate or store hazardous materials;
(12)
Commercial container nursery;
(13)
Contaminated sites/brownfields;
(14)
Other land uses and activities as designated by the Township.
O.
Contaminated and brownfield sites. Where BMPs may contribute to the migration of contaminants in groundwater, the water quality and runoff volume, stream channel protection, and peak rate control standards shall be met; however, at the Township Engineer's discretion, the minimum infiltration requirement may be reduced or eliminated commensurate with the contaminated area and the required water quality and runoff control measures may be increased to mitigate the reduced infiltration requirement for the contaminated area.
P.
Additional water quality requirements. The Township may require additional stormwater control measures for stormwater discharges to special management areas, including, but not limited to:
(1)
Water bodies listed as "impaired" by PADEP.
(2)
Any water body or watershed with an approved total maximum daily load (TMDL).
(3)
Areas of known existing flooding problems.
(4)
Critical areas with sensitive resources (e.g., state-designated special protection waters, cold water fisheries, carbonate geology or other groundwater recharge areas that may be highly vulnerable to contamination, drainage areas to water supply reservoirs, etc.).
Q.
Applicants shall utilize the Pennsylvania Stormwater Best Management Practices Manual (PA BMP Manual), as amended, or other sources acceptable to the Township Engineer, for testing and design standards for BMPs, and where there is a conflict with the provisions of this chapter, the most restrictive applies.
R.
For areas underlain by karst or carbonate geology that may be susceptible to the formation of sinkholes and other karst features, the location, type, and design of infiltration BMPs shall be based on a site evaluation conducted by a qualified licensed professional and based on the PA BMP Manual (as amended) or other design guidance acceptable to the Township Engineer.
S.
All regulated activities located within a special flood hazard area designated by the Federal Emergency Management Agency (FEMA) shall comply with § 200-55, Flood hazard districts, of the East Whiteland Township Zoning Ordinance[4] and shall be designed to maintain the flood-carrying capacity of the floodway such that the base flood elevations are not increased, either upstream or downstream. The natural conveyance characteristics of the site and the receiving floodplain shall be incorporated into the stormwater management practices proposed for the site.
T.
Disturbance of existing ground cover during construction of the proposed regulated activity is prohibited within 50 feet of top-of-bank of all perennial and intermittent waterways, water bodies (lakes, ponds, etc., and wetlands, except for activities otherwise approved by state or local agencies (e.g., stream restoration projects, road crossings, subsurface utility projects, etc.). At the Township Engineer's discretion, and with conservation district and PADEP approval where necessary, the nondisturbance buffer may be reduced because of setback or other site constraints, but never be less than 10 feet.