A.
Preparation of an SWM site plan is required for all regulated activities, unless preparation and submission of the SWM site plan is specifically exempted according to § 260-502.
B.
No regulated activities shall commence until the City of Lancaster issues written approval of an SWM site plan and a stormwater permit.
C.
SWM site plans approved by the City of Lancaster, in accordance with § 260-505, shall be on site throughout the duration of the regulated activity.
D.
The City of Lancaster 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.[1] The City of Lancaster shall maintain a record of consultations with DEP pursuant to this subsection. Where an NPDES permit for stormwater discharges associated with construction activities is required, issuance of an NPDES permit shall constitute satisfaction of consultation with DEP.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
E.
For all regulated activities, erosion and sediment control BMPs shall be designed, implemented, operated, and maintained to meet or exceed in light of unique local conditions 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 Manual), No. 363-2134-008 (March 2012), as amended and updated.
F.
Applicants have the option to propose a regional stormwater management plan or participate in a regional stormwater management plan developed by others. A regional stormwater management plan may include off-site volume and rate control, as appropriate and supported by a detailed design approved by the City of Lancaster in accordance with § 260-301D. A regional stormwater management plan must meet all of the volume and rate control standards required by this chapter for the area defined by the regional stormwater management plan, but not necessarily for each individual development site. Appropriate easement and O&M agreements must be established to ensure the requirements of this chapter and the requirements of the regional stormwater management plan are met.
G.
Unless prohibited by the City of Lancaster Building Construction and Floodplain Ordinance,[2] Zoning Ordinance[3] or any ordinance which regulates construction and development within the areas of the City of Lancaster subject to flooding, and any other applicable requirements of the Floodplain Management Act,[4] stormwater management facilities located in the floodplain are permitted when designed and constructed in accordance with the provisions of the BMP Manual, the City Specifications and Guidelines Manual, Stormwater Management Fee Policy and Procedures Manual, other regulatory requirements and the requirements of this chapter.
H.
Impervious areas:
(1)
The measurement of impervious area shall include all of the impervious areas in the total proposed development outside of the right-of-way even if development is to take place in stages or phases. Upon approval of the Director, new public access easements within the proposed development that are requested by the City may be excluded from the measurement of impervious area.
(2)
For development taking place in stages or phases, the entire development planned over a five-year period must be used in determining conformance with this chapter.
(3)
Any area designed to initially be gravel or crushed stone shall be assumed to be impervious, unless it is designed, approved, and maintained as a pervious cover material (e.g., open-graded gravel walkway or landscape feature) or infiltration system.
I.
All regulated activities shall include such measures as necessary to:
(1)
Protect health, safety, and welfare of people and property;
(2)
Meet the water quality goals of this chapter by implementing measures to:
(a)
Protect and/or improve the function of floodplains, wetlands, and wooded areas.
(b)
Protect and/or improve native plant communities including those within the riparian corridor.
(c)
Protect and/or improve natural drainageways from erosion.
(d)
Minimize thermal impacts to waters of the Commonwealth.
(e)
Disconnect impervious surfaces by directing runoff to pervious areas, wherever possible.
(3)
Incorporate the techniques for low-impact development practices described in the Pennsylvania Stormwater BMP Manual (BMP Manual).
(4)
Incorporate green infrastructure stormwater management facilities in accordance with applicable City codes and specifications.
J.
A planting plan is required for all vegetated stormwater BMPs.
(2)
Native or naturalized/noninvasive vegetation suitable to the soil and hydrologic conditions of the development site shall be used unless otherwise specified in applicable state and local codes and regulations, including but not limited to the latest edition of the City GI Design Manual and the PA BMP Manual.
(3)
Invasive vegetation may not be included in any planting schedule. [See "Invasive Plants in Pennsylvania" by the Department of Conservation and Natural Resources (DCNR)]
(4)
Per § 273-10B and Tree Manual § 4.00-A, an appraisal for all trees within and adjacent to limits of disturbance is required prior to submission of plans.
(5)
The limit of existing, native vegetation to remain shall be delineated on the plan along with proposed construction protection measures per standards outlined in Chapter 273, Trees, and the City of Lancaster Tree Manual.
(6)
Prior to construction, a tree protection zone shall be delineated in accordance with Chapter 273, Trees, and the City of Lancaster Tree Manual.
(7)
All planting shall be performed in conformance with good nursery and landscape practice and per standards outlined in Chapter 273, Trees, and the Tree Manual. Plant materials shall conform to the standards recommended by the American Association of Nurseryman, Inc. in the American Standard of Nursery Stock (ANSI Z60.1).
(a)
Planting designs are encouraged to share planting space for optimal root growth whenever possible.
(b)
No staking or guying of trees shall be allowed without a maintenance note for the stake and/or guy removal within one year of planting. Use of wire material in staking or guying is not permitted.
K.
Areas proposed for infiltration BMPs shall be protected from sedimentation and compaction during the construction phase to maintain maximum infiltration capacity. Staging of earthmoving activities, selection of construction equipment, and other protection measures as described in the City GI Design Manual should be applied.
L.
Infiltration BMPs shall not be constructed nor receive runoff from disturbed areas until the entire contributory drainage area to the infiltration BMP has achieved final stabilization, unless otherwise authorized by the City as described in the City GI Design Manual.
M.
Volume control storage facilities designed to infiltrate shall avoid the least permeable hydrologic soil group(s) at the development site to the extent practicable.
N.
Where required by the Director, a minimum ten-foot-wide access easement for inspection and maintenance shall be provided for all stormwater facilities with tributary areas equal or greater than 1,000 square feet and not located within a public right-of-way. Easements shall provide for ingress and egress to a public right-of-way.
O.
When required, drainage easements shall be provided.
P.
The City of Lancaster may require additional stormwater control measures for stormwater discharges to special management areas including but not limited to:
(1)
Water bodies listed as "impaired" on Pennsylvania's Clean Water Act 303(d)/305(b) Integrated List.
(2)
Any water body or watershed with an approved total maximum daily load (TMDL).
(3)
Critical areas with sensitive resources (e.g., state-designated special protection waters, cold water fisheries, carbonate or other groundwater recharge areas highly vulnerable to contamination, drainage areas to water supply reservoirs, source water protection zones, etc.).
Q.
Roof drains and sump pumps shall be tributary to infiltration or vegetative BMPs, unless otherwise approved by the Director. Use of catchment facilities for the purpose of stormwater reuse is also permitted.
R.
Nonstructural BMPs shall be utilized for all regulated activities unless proven to be impractical by the Director.
S.
All GI and BMPs shall be implemented on the development site, or on an abutting site with properly executed easements, as may be required by this chapter. However, if the installation of GI and BMPs is proven to be impractical due to existing site constraints, BMPs may be installed off site, within the same drainage basin or sewershed as the development site, upon the approval by the Director.