A.
Any person or entity intending to engage in a regulated activity shall, prior to commencing the regulated activity, apply for and obtain a stormwater management permit and comply with the requirements of this chapter. An application for stormwater management permit shall be submitted on a form prescribed by the Township accompanied by the required fee. Applicants proposing regulated activities in the Township which are not exempt under § 270-6 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 the stormwater management permit and 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 reviewed 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 § 270-18 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.
For regulated activities with one acre or more of proposed earth disturbance, 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 §§ 270-19, 270-20, 270-21 and 270-22). 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 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. 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, and the Stormwater Management Act.[2]
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.
Hotspot runoff controls. Specific structural or pollution prevention practices may be required, as determined to be necessary by the Township Engineer, to pretreat runoff from hotspots prior to infiltration. Following is a list of examples of hotspots:
(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 for soil testing and design standards for BMPs, and where there is a conflict with the provisions of this chapter, the most restrictive applies as determined by the Township.
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.
S.
All regulated activities located within a special flood hazard area designated by the Federal Emergency Management Agency (FEMA) shall comply with Chapter 325, Article XIII, Floodplain Conservation, 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.
Riparian buffer area (RBA).
(1)
Areas immediately adjacent to the Township's perennial streams, intermittent streams, and waterways are defined as the riparian buffer areas (RBA). In the RBA, special requirements as set forth in this section shall apply for the purpose of maintaining natural functions. These requirements are established due to:
(2)
The RBA includes three subzones, Zones 1 through 3, extending landward from the top of the stream bank where different requirements are imposed.
(a)
Zone 1: a minimum twenty-five-foot setback, plus wetlands, measured from the top of the stream bank. No disturbance of vegetation or soil shall be permitted except for restoration or reforestation activities. The purpose of this limitation is to promote shading of the stream with natural vegetation, to provide a source of organic inputs to the aquatic system, to anchor the stream bank and floodplain area, and to remove nitrogen, sediment, and other substances that can adversely affect stream systems. Where prohibitive slopes (25% and steeper) are located within 35 feet of the stream bank, Zone 1 shall extend the entire distance of this sloped area.
(b)
Zone 2: a 125-foot buffer zone extending outward from Zone 1; the combined width of Zone 1 and Zone 2 shall not be less than 150 feet. Within Zone 2, disturbance of natural vegetative cover shall be limited to selective logging (not to exceed 25%) and other activities that minimally disrupt the existing tree and soil cover. The purpose of this limitation is to maximize filtering and overall physical removal of particulate-form pollutants from runoff generated upgradient and to promote subsurfance vegetative uptake of nitrogen and other nonparticulate elements from stormwater generated upgradient.
[1]
Where the Zone 2 riparian buffer is not wooded, it shall be maintained as a filter strip of dense grass and forbs or other features that will provide sediment filtering, nutrient uptake, and will convert concentrated flow to uniform, shallow, sheet flow. When a land development is proposed where there is no established vegetated or wooded buffer (such as in areas previously cultivated for agriculture), Zone 1 and Zone 2 combined shall be not less than 150 feet wide and shall be established and maintained in accordance with the following guidelines:
[a]
Forested and unforested vegetation shall be established through natural succession. Selective planting shall be incorporated on sites devoid of vegetation to stimulate native species and to discourage invasive species.
[b]
Plant selection and planting shall be consistent with Chester County Conservation District, PADEP, or USDA riparian forested buffer guidance.
[2]
Reforestation is a natural BMP and is encouraged; it may be considered in the stormwater design calculations for stormwater quantity and quality control.
(c)
Zone 3: a zone of varying width extending outward from Zone 2, defined as upslope areas adjacent to Zone 2 that are being disturbed during the land development process and where direct discharge of stormwater would otherwise occur. Zone 3 is intended to include level spreading or similar devices as necessary to ensure that any direct discharge flows are properly distributed as sheet flow and channelization and point source discharges are avoided. Zone 3 shall include a minimum twenty-five-foot setback, measured from Zone 2, from impervious surfaces.
(3)
The RBA may be included in net density calculations with uses permitted in the West Whiteland Township Zoning Ordinance of 1998,[3] unless this RBA is required to be subtracted out as the result of other applicable regulations of the said ordinance, such as regulation of the floodplain.
(4)
An RBA adjacent to "high-quality waters" and "exceptional-value waters" designated under PADEP, Chapter 93, Rules and Regulations, shall be subject to the provisions of the PADEP Special Protection Waters Implementation Handbook and its amendments.
(5)
RBAs shall be restricted to the following uses:
(a)
Zone 1 (very restricted): flood control; utility rights-of-way; pervious footpaths.
(b)
Zone 2 (restricted): pervious surfaces; passive recreational uses; natural stormwater BMPs; tree removal by permit.
(c)
Zone 3 setback (limited restrictions): lawn and garden areas; sheds and similar structures covering less than 150 square feet; composting of yard wastes; nonstructural stormwater BMPs.
(6)
RBAs shall be preserved or restored with native vegetation that can be maintained through the delineation, plan review, construction, and occupancy stages of development.